SPS 305.31(1)(b)
(b) Holds or engages, as an employee, a person who holds a certification issued by the department as a dwelling contractor qualifier.
SPS 305.31 Note
Note:
Section
101.654 (1) (b), Stats., exempts an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on the dwelling from obtaining a dwelling contractor financial responsibility certification.
SPS 305.31 Note
Note:
Section
101.654 (1) (c) 2., Stats., reads: "The continuing education requirements under par. (a) and the rules promulgated by the department under sub. (1m) do not apply to any person who holds a current license issued by the department at the time that the person obtains a building permit if the work the person does under the permit is work for which the person is licensed."
SPS 305.31(2)
(2) Application for dwelling contractor certification. A person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall submit all of the following:
SPS 305.31 Note
Note:
A dwelling contractor — restricted certification will be issued to an individual who applies using a bond of less than $25,000. The card issued by the department for a dwelling contractor — restricted certification will read "Financial Responsibility-by a bond under $25,000 Certification".
SPS 305.31(3)(a)(a) A person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall provide all of the following:
SPS 305.31(3)(a)1.
1. A statement certifying that the person complies with the worker's compensation requirements and unemployment compensation requirements as specified under s.
101.654 (2), Stats.
SPS 305.31 Note
Note:
See the appendix for a reprint of the requirements under s.
101.654 (2) and
(2m), Stats.
SPS 305.31(3)(b)
(b) The person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.
SPS 305.31(4)(a)(a) A person who holds a dwelling contractor certification or a dwelling contractor — restricted certification shall comply with the responsibilities under s.
101.654 (4), Stats.
SPS 305.31 Note
Note:
See the appendix for a reprint of the requirements under s.
101.654 (4), Stats.
SPS 305.31(4)(b)
(b) For any construction project that requires a uniform building permit under
s. SPS 320.08, a person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not commence construction until a permit is issued for the construction.
SPS 305.31(4)(c)
(c) For any construction project that involves installation or modification of a private onsite wastewater treatment system, a person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not commence construction until a sanitary permit is issued for the construction in accordance with
s. SPS 383.21.
SPS 305.31(4)(d)
(d) A person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not contract with another person or entity to engage in construction business activities unless the person or entity holds a credential under
s. SPS 305.30 (1) (a) or
(b).
SPS 305.31 Note
Note:
Section
101.16 (4) (a), Stats., provides that: The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
SPS 305.31(5)(a)(a) Pursuant to s.
101.654 (3), Stats., a dwelling contractor certification or a dwelling contractor — restricted certification shall be valid for no longer than one year after the date of issuance.
SPS 305.31(5)(b)1.1. A person may renew his or her dwelling contractor certification or dwelling contractor — restricted certification.
SPS 305.31(5)(b)2.
2. A dwelling contractor certification or a dwelling contractor — restricted certification shall be renewed in accordance with
s. SPS 305.07.
SPS 305.31 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am.,
Register, March, 1998, No. 507, eff. 4-1-98; am. (1) and (2) (b),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 03-075: renum. (4) to be (4) (a), cr. (4) (b) and (c)
Register June 2004 No. 582, eff. 8-1-04;
CR 07-007: r. and recr.
Register August 2007 No. 620, eff. 9-1-07, except (1) (b) eff. 1-1-08;
CR 08-110: am. (1) (a), (4) and (5)
Register September 2009 No. 645, eff. 10-1-09; correction in (2) (a), (b), (4) (b), (c), (d), (5) (b) 2. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.315(1)
(1)
General. The purpose of the dwelling contractor qualifier certification is to provide proof of fulfilling the continuing education obligations to the issuers of building permits as required under s.
101.654 (1) (a), Stats.
SPS 305.315(2)
(2) Application. A person applying for a dwelling contractor qualifier certification shall submit all of the following:
SPS 305.315(2)(c)
(c) Evidence that the person has completed at least 12 hours in an approved course in dwelling construction within one year prior to the date of application. The course shall include instruction in at least the following subject matter and one or more tests on at least the following subject matter:
SPS 305.315(3)(a)1.1. A person may renew his or her certification as a dwelling contractor qualifier.
SPS 305.315(3)(b)1.1. The renewal of a certification as a dwelling contractor qualifier shall be contingent upon the individual obtaining at least 12 hours of acceptable continuing education within the time period specified in
s. SPS 305.08 and Table 305.06, except as provided in
subd. 2.
SPS 305.315(3)(b)2.
2. A person who holds a certification as a dwelling contractor qualifier may apply to the department for waiver of the continuing education requirements under
subd. 1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
SPS 305.315 History
History:
CR 07-007: cr.
Register August 2007 No. 620, eff. 9-1-07;
CR 11-020: r. (2) (c) (intro.), 2., renum. (2) (c) 1. to be (2) (c), correction in (2) (a), (b), (3) (a) 2., (b) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.32
SPS 305.32
Manufactured home manufacturers. SPS 305.32(1)(a)(a) Pursuant to s.
101.95, Stats., no manufacturer of manufactured homes may manufacture, sell or distribute for sale manufactured homes unless the manufacturer holds a license issued by the department as a licensed manufactured home manufacturer.
SPS 305.32(1)(b)
(b) A manufactured home manufacturer license shall be required for each manufacturing plant which manufactures homes to be sold or distributed for sale in the state.
SPS 305.32(2)
(2) Application for license. A person applying for a manufactured home manufacturer license shall submit all of the following:
SPS 305.32(3)
(3) Qualifications for license. The person applying for a manufactured home manufacturer license shall be the owner of the manufacturing business, a partner in the manufacturing business applying on behalf of the partnership, or the chairman of the board or chief executive officer applying on behalf of the manufacturing corporation.
SPS 305.32(4)(a)(a) A person who holds a manufactured home manufacturer license shall post the license at the plant which manufactures homes to be sold or distributed for sale in the state.
SPS 305.32(4)(b)
(b) A person who holds a manufactured home manufacturer license shall comply with the warranty and disclosure responsibilities under s.
101.953, Stats.
SPS 305.32 Note
Note:
See appendix for a reprint of section
101.953, Stats.
SPS 305.32(5)(a)(a) A person may renew his or her manufactured home manufacturer license.
SPS 305.32 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; cr. (3m),
Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a) and (2) (b),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 03-075: am.
Register June 2004 No. 582, eff. 8-1-04; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register February 2006 No. 602;
CR 06-071: renum. (3m) to be (3m) (a), cr. (3m) (b)
Register November 2006 No. 611, eff. 12-1-06;
CR 11-020: renum. (3m), (4) to be (4), (5),
Register December 2011 No. 672, eff. 1-1-12; correction in (2) (a), (b), (5) (b), as renumbered, made under s. 13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.323(1)
(1)
General. Under s.
101.951 (1), Stats., no person may engage in the business of selling manufactured homes to a consumer or to the retail market unless the person holds a license issued by the department as a licensed manufactured home dealer. A branch license shall also be obtained for each branch operated by the licensed manufactured home dealer to sell homes.
SPS 305.323(2)
(2) Application for license. A person applying for a manufactured home dealer license shall submit all of the following:
SPS 305.323(2)(d)1.
1. `Surety bond.' A surety bond shall be filed on form SBD-10679 and issued by a bonding company licensed by this state. The surety bond shall be payable for the benefit of any person sustaining a loss because of an act of the licensee constituting grounds for the suspension or revocation of a license under s.
101.951 (6), Stats.
SPS 305.323(2)(d)2.
2. `Financial statement.' A financial statement shall be filed on form SBD-10678 or the equivalent in accordance with generally accepted accounting principles and be dated not more than 90 days prior to the date of application. A small business, as defined in s.
227.114 (1), Stats., that does no interim financial reporting may submit a financial statement from the close of the business's most recent fiscal year. Financial statements anticipating some future event shall not be accepted.
SPS 305.323(3)(a)(a)
Minimum net worth or bond. The minimum level of net worth or surety bond of an applicant shall be determined in accordance with Table 305.323-1 for a non-broker or Table 305.323-2 for a broker. The department shall deny the license of any applicant who fails to meet the net worth or surety bond criteria specified in the tables.
-
See PDF for table 
-
See PDF for table SPS 305.323(3)(b)
(b) Person applying. The person applying for a manufactured home dealer license shall be the owner of the business, a partner in the business applying on behalf of a partnership, or the chairperson of the board or chief executive officer applying on behalf of the corporation.
SPS 305.323(4)
(4) Responsibilities. A person who holds a manufactured home dealer license shall post the license at the main business office and shall comply with the trade practices, facilities and records requirements specified in
subs. (5) to
(9).
SPS 305.323(5)(a)(a)
Truthful. The use of false, deceptive or misleading advertising or representations by any licensee to induce the purchase of a manufactured home is prohibited.
SPS 305.323(5)(b)
(b) Factual. Any licensee, making a statement of fact to the public in an advertisement, written statement or representation concerning the manufactured home offered for sale, the services provided or any other aspects of business operation, shall, upon request of the department, furnish evidence of the validity and accuracy of the statement of fact at the time it was made.
SPS 305.323(5)(c)
(c) Disclosures required when advertising price. When the price of a manufactured home is advertised by a licensee, the advertised price shall include all charges that shall be paid by the retail purchaser to acquire ownership of the advertised home with the exception of sales tax, title registration fees, government required permits, and charges from lenders or other entities.
SPS 305.323(5)(d)
(d) Name. Advertisements for manufactured home sales shall include the licensed business name.
SPS 305.323(5)(e)
(e) New or used. When advertising a manufactured home, a licensee shall state the model year of the home or whether the home is a new manufactured home or a used manufactured home. If the manufactured homes in an advertisement are either all new or all used, one reference in the advertisement designating that they are new or used is sufficient.
SPS 305.323(5)(f)
(f) Expiration terms of sales or promotions. Whenever a sale or promotion offering gifts, merchandise, equipment, accessories, service, discounts, price reductions or cash is advertised, the advertisement shall specifically disclose the expiration terms or date of the sale or promotion.
SPS 305.323(5)(g)
(g) Relocations. Whenever a licensee advertises a manufactured home on a rental lot site that may have to be moved as a condition of the sale, that fact shall be stated in the advertisement.
SPS 305.323 Note
Note:
See Department of Agricultural, Trade and Consumer Protection rules under section
ATCP 125.02 regarding tie-in sales; separate or discriminatory charges.
SPS 305.323(6)(a)1.1. A licensee shall furnish retail purchasers with a manufactured home purchase contract that clearly states that the retail purchaser is making an offer to purchase a manufactured home. An exact copy of the purchase contract shall be provided to the retail purchaser at the time the retail purchaser signs the offer and again after the offer is accepted by the manufactured home dealer if accepted at a different time than accepted by the retail purchaser. Any changes in the purchase contract after signing by the retail purchaser or subsequent to acceptance by the manufactured home dealer shall be initialed by all the parties on all copies.
SPS 305.323(6)(a)2.
2. A manufactured home purchase contract shall be executed whenever the licensee accepts a down payment, deposit, or title for a trade-in unit from a prospective retail purchaser.
SPS 305.323(6)(b)
(b) Contract requirements. A manufactured home purchase contract shall be completed on form SBD-10807.
SPS 305.323(6)(c)1.1. Unless otherwise specified in the contract, the offer to purchase is automatically voided if the licensee fails to accept or reject the offer by the close of the manufactured home dealer's next business day.
SPS 305.323(6)(c)2.
2. The licensee shall not sell the manufactured home to any other person until the offer is rejected by the licensee or the offer is voided in accordance with this subsection, or the retail purchaser cancels the contract in accordance with
par. (d).
