SPS 305.315(3)(c)1. 1. Attending seminars, corporate in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences meeting the requirements of sub. (4). Attendance may be in person or via remote classroom where a provider is available to participate to comment and answer questions.
SPS 305.315(3)(c)2. 2. Teaching a continuing education program that meets the requirements of sub. (4). A person who teaches may only receive credit for the initial offering or presentation of a course or program during a biennium.
SPS 305.315(3)(c)3. 3. Participating in continuing education program that does not meet in person that meets the requirements of sub. (4) including the completion of interactive short courses or tutorials, delivery of educational programs and courses on CD-ROM or the Internet, webinars, or correspondence courses.
SPS 305.315(3)(c)4. 4. Attending technical or professional society meetings that meet the requirements of sub. (4). A maximum of 6 hours per biennial renewal cycle may be counted toward continuing education requirements.
SPS 305.315(3)(d) (d) Each certification holder shall retain evidence of compliance with continuing education requirements in accordance with s. SPS 305.08 (2).
SPS 305.315(4) (4) Standards for continuing education. Only courses, programs, meetings, and seminars approved by the department in accordance with s. SPS 305.08 shall be used to fulfill continuing education requirements for renewal of a dwelling contractor qualifier certification. Continuing education shall meet all of the following criteria:
SPS 305.315(4)(a) (a) Include instruction in an organized method of learning contributing directly to the professional competency of the certification holder and pertaining to subject matters that integrally relate to the practice of the profession. The instruction shall include amplification, evaluation, examples, and explanation of the course subject matter to the certification holder.
SPS 305.315(4)(b) (b) Be conducted by individuals or entities which have specialized education, training, or experience in the subject matter of the program.
SPS 305.315(4)(c) (c) Include at least 10 review questions for each credit hour if the continuing education credit is obtained through distance education as specified in sub. (3) (c) 3. The department may require submittal of the review questions for approval.
SPS 305.315(4)(d) (d) Include at least 30 questions for each credit hour if the continuing education course, program, or seminar is predominantly question-and-answer based. A minimum score of 70 percent is required to receive continuing education credit. The department may require submittal of the questions for approval.
SPS 305.315(4)(e) (e) Include any of the following content:
SPS 305.315(4)(e)1. 1. Construction laws and codes.
SPS 305.315(4)(e)2. 2. Construction safety topics that are directly related to operating a residential construction business.
SPS 305.315(4)(e)3. 3. Business management, estimating, and job costing.
SPS 305.315(4)(e)4. 4. Changes in construction and business management laws.
SPS 305.315(4)(e)5. 5. Design and building science.
SPS 305.315(4)(e)6. 6. Contracts, liability, and risk management.
SPS 305.315(4)(e)7. 7. Marketing and sales topics regarding the provision of accurate and ethical information to the customer.
SPS 305.315(4)(e)8. 8. Project management, personnel management, and scheduling.
SPS 305.315(4)(e)9. 9. Carpentry, concrete, swimming pool installation, damp proofing a basement, excavation, insulation work, masonry work, painting and decorating, roofing, siding and gutters, screen or storm sash installation, tile and marble work, or house wrecking.
SPS 305.315(4)(e)10. 10. Accounting, finance, and taxes.
SPS 305.315(4)(e)11. 11. Communication and customer service.
SPS 305.315(4)(e)12. 12. Environmental or land use analysis.
SPS 305.315(4)(e)13. 13. Zoning and governance policies and procedures.
SPS 305.315(4)(e)14. 14. Mold, lead, asbestos, or other hazardous material mitigation.
SPS 305.315(4)(e)15. 15. Energy codes and energy conservation methods applicable to residential structures.
SPS 305.315(4)(e)16. 16. Other subject matter approved by the department.
SPS 305.315(5) (5) Waiver. A person who holds a certification as a dwelling contractor qualifier may apply to the department for waiver of the continuing education requirements under sub. (3) (b) 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; CR 14-010: renum. (3) (b) 1., 2. to (3) (b), (5) and am. (b), cr. (3) (c), (d), (4) Register August 2014 No. 704, eff. 9-1-14; correction in (5) (title) made under s. 13.92 (4) (b) 2., Stats., Register August 2014 No. 704, eff. 9-1-14; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715.
SPS 305.32 SPS 305.32Manufactured home manufacturers.
SPS 305.32(1)(1)General.
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(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.32(2)(b) (b) An application fee and a license fee in accordance with s. SPS 305.02, Table 305.02.
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) (4) Responsibilities.
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) (5) Renewal.
SPS 305.32(5)(a)(a) A person may renew his or her manufactured home manufacturer license.
SPS 305.32(5)(b) (b) A manufactured home manufacturer license shall be renewed in accordance with s. SPS 305.07.
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 SPS 305.323Manufactured home dealer.
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)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.323(2)(b) (b) An application fee and a license fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.323(2)(c) (c) A license fee for each branch in accordance with s. SPS 305.02, Table 305.02.
SPS 305.323(2)(d) (d) One of the following forms of security:
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) (3) Qualifications.
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 PDF - See PDF for table PDF
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) (5) Advertising and sales representations.
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) (6) Purchase contract.
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) (c) Termination of offer to purchase.
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).
SPS 305.323(6)(c)3. 3. Any down payment, deposit or title shall be returned to the prospective retail purchaser within 2 working hours of the time the offer to purchase is rejected by the licensee. If the prospective retail purchaser is not present or available during the 2 hour period, those items shall be returned in person or mailed by the close of the manufactured home dealer's next business day.
SPS 305.323(6)(d) (d) Cancellation of agreements.
SPS 305.323(6)(d)1.1. The purchase contract shall clearly state that cancellation of a manufactured home contract within one business day of acceptance by a manufactured home dealer may subject the retail purchaser to a penalty of up to 1% of the cash price of the manufactured home and that cancellation after the close of the next business day may subject the retail purchaser to a penalty not to exceed the penalty amount specified in the contract. Modification of the purchase contract shall not extend the cancellation period. Documented proof of notification of cancellation is required regardless of the method of notification.
SPS 305.323(6)(d)2. 2. The title and any down payment or deposit which is not retained by the manufactured home dealer as a penalty in accordance with subd. 1. shall be returned to the retail purchaser by the close of the manufactured home dealer's next business day following receipt of the retail purchaser's notice of cancellation.
SPS 305.323(6)(d)3. 3. Whenever a manufactured home is sold away from the licensed place of business, the manufactured home dealer shall furnish the customer with a written notice of the 3-day consumer cancellation rights in accordance with s. 423.202, Stats.
SPS 305.323(6)(e) (e) Price changes. Any increase in price to a retail purchaser after the manufactured home dealer has accepted an offer is prohibited except when the price increase is due to any of the following:
SPS 305.323(6)(e)1. 1. The addition of new equipment required by local, state or federal law.
SPS 305.323(6)(e)2. 2. Local, state or federal tax changes.
SPS 305.323(6)(e)3. 3. The reappraisal of a trade-in unit that has suffered damage or is missing furnishings, appliances or accessories that were part of the trade-in unit at the time the purchase contract was executed. Reappraisal by the licensee shall be limited to an amount equal to the retail repair costs of the damage incurred, or to the value of furnishings, appliances or accessories removed.
SPS 305.323(6)(f) (f) Contract notice. The purchase contract shall include information regarding possible price increases due to any of the items in par. (e) 1. to 3.
SPS 305.323(6)(g) (g) Warranties. Warranties and disclosures shall be provided in accordance with s. 101.953, Stats.
SPS 305.323 Note Note: See appendix for a reprint of section 101.953, Stats.
SPS 305.323(6)(h) (h) Name of prior owner. The purchase contract shall include the name and address of the current titled owner if the manufactured home is consigned to or listed by the licensee. The name and address of the previous owner shall be kept on file at the manufactured home dealer's main business office if the manufactured home is owned and offered for sale by the licensee.
SPS 305.323(6)(i) (i) On-site sales. If the manufactured home is displayed for sale on a rental lot site or if a licensee represents that a manufactured home may occupy a site in a specified manufactured home community, the manufactured home dealer shall do all of the following:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.