SPS 305.323(8)(c) (c) Used manufactured home general condition disclosure.
SPS 305.323(8)(c)1.1. Before the execution of a purchase contract for a used manufactured home owned by a licensee, the licensee shall inform a prospective retail purchaser of all significant structural or mechanical defects or damage on form SBD-10809. If the licensee is unable to determine whether specific damage or defects exist, that fact shall be noted on the disclosure form. Disclosure of information shall include that which the licensee discovers as a result of a reasonably competent and diligent inspection which shall consist of, but is not limited to, a walk-around and interior inspection, an under-home inspection, roof inspection and inspection of the appliances. A reasonably competent and diligent inspection is not required to cover every possible technical detail. The licensee is not required to dismantle any part of the manufactured home during the inspection process.
SPS 305.323(8)(c)2. 2. The seller of a listed or consigned used manufactured home shall provide a completed form SBD-10809 to the licensee. The licensee shall provide the completed disclosure statement to the prospective retail purchaser.
SPS 305.323(8)(c)3. 3. Unless otherwise agreed to in the purchase contract, the inspection disclosures shall not create any warranties, expressed or implied, or affect warranty coverage provided for in the purchase contract.
SPS 305.323(9) (9)Facilities and records.
SPS 305.323(9)(a)(a) Business facilities. Manufactured home dealers shall provide and maintain business facilities that comply with all of the following:
SPS 305.323(9)(a)1. 1. A main business office that maintains books, records and files necessary to conduct business. The required business office may be established within a residence if the office is accessible to an outside entrance and is used primarily for conducting the manufactured home business.
SPS 305.323(9)(a)2. 2. A display lot within the same block or directly across the street from the main business office, if a display lot is provided.
SPS 305.323(9)(a)3. 3. A repair shop, or a service agreement with a nearby repair shop, where there are repair tools, repair equipment and personnel to perform the services provided for in a warranty applicable to a manufactured home sold by the manufactured home dealer. Any service agreement shall be on form SBD-10685.
SPS 305.323(9)(b) (b) Relocation. A main business office may not be relocated without notice to the department.
SPS 305.323(9)(c) (c) Sign. Manufactured home dealers who carry and display inventory shall provide an exterior business sign in compliance with s. 100.18 (5), Stats.
SPS 305.323(9)(d) (d) Temporary sales locations.
SPS 305.323(9)(d)1.1. Manufactured home dealers shall be permitted to display and sell manufactured homes at a temporary site other than the licensed place of business.
SPS 305.323(9)(d)2. 2. A temporary sales location may not be used for longer than 30 days.
SPS 305.323(9)(d)3. 3. A consigned, listed or model manufactured home shall not be considered a temporary sales location.
SPS 305.323 Note Note: There may be zoning, building code and permit requirements relating to business locations that are enforced by local municipalities.
SPS 305.323(9)(e) (e) Records kept. The books, records and files required to be kept and maintained at the main business office by a manufactured home dealer shall include all of the following:
SPS 305.323(9)(e)1. 1. A written verification that the manufactured home dealer has in place a dealership arrangement or an established relationship with a manufacturer to sell and advertise the manufacturer's new manufactured homes.
SPS 305.323(9)(e)2. 2. The title or other evidence of ownership for each used manufactured home owned and offered for sale and the manufacturer's statement of origin information for each new manufactured home owned and offered for sale. The manufactured home dealer shall also have a factory invoice, a completed manufactured home dealer reassignment form or a purchase contract evidencing trade-in or purchase when a manufacturer or lending institution is holding the title or manufacturer's statement of origin of the manufactured home.
SPS 305.323(9)(e)3. 3. A written selling agreement between the owner and the manufactured home dealer for each manufactured home owned by an individual and offered for sale or listed by the manufactured home dealer.
SPS 305.323(9)(e)4. 4. The original or a copy of all manufactured home purchase contracts, purchase orders and invoices. The records shall also include a copy of form SBD-10687 as additional evidence of the sale as well as information regarding collection of sales tax and Wisconsin title and registration fees, if applicable.
SPS 305.323(9)(e)5. 5. A record of every manufactured home bought, sold, exchanged, consigned, or listed that includes the following information: date acquired, acquired from name and address, new or used, year, model and identification number, date sold or disposed of, disposed of or sold to name and address.
SPS 305.323(9)(f) (f) Maintenance of records. The records under par. (e) shall be maintained for 5 years. The records shall be open to inspection and copying by the department during reasonable business hours.
SPS 305.323(10) (10)Renewal.
SPS 305.323(10)(a)1.1. A person may renew his or her manufactured home dealer license.
SPS 305.323(10)(a)2. 2. A manufactured home dealer license shall be renewed in accordance with s. SPS 305.07.
SPS 305.323(10)(b) (b) The renewal of a license as a manufactured home dealer shall be contingent upon the applicant providing the information required under sub. (2) (d).
SPS 305.323 History History: CR 04-134: cr. Register June 2005 No. 594, eff. 7-1-05; CR 06-031: am. (1) Register October 2006 No. 610, eff. 11-1-06; CR 06-071: r. and recr. (6) (f), am. (6) (h) Register November 2006 No. 611, eff. 12-1-06; CR 11-020: am. (6) (e) (intro.), (i) (intro.), (7) (b), renum. (6) (e) 4., (f) to (g) to be (6) (f), (g) to (k), Register December 2011 No. 672, eff. 1-1-12; correction in (2) (a), (b), (c), (3) (a), (10) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 305.325 SPS 305.325Manufactured home salesperson.
SPS 305.325(1)(1)General. Under s. 101.952 (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 salesperson. A manufactured home dealer who acts as a manufactured home salesperson shall secure a manufactured home salesperson license in addition to the manufactured home dealer license.
SPS 305.325(2) (2)Application for license. A person applying for a manufactured home salesperson license shall submit all of the following:
SPS 305.325(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.325(2)(b) (b) An application fee and a license fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.325(3) (3)Qualifications for license. A person applying for a manufactured home salesperson license shall hold a manufactured home dealer license issued by the department or shall be employed by a person who holds a manufactured home dealer license issued by the department.
SPS 305.325(4) (4)Responsibilities.
SPS 305.325(4)(a)(a) A person who holds a manufactured home salesperson license shall comply with the responsibilities under ss. 101.952 (3), and 101.953, Stats.
SPS 305.325 Note Note: Section 101.952 (3), Stats., indicates that every licensee shall carry his or her license when engaged in his or her business and display the same upon request.
SPS 305.325 Note Note: See appendix for a reprint of section 101.953, Stats.
SPS 305.325(4)(b) (b) A person who holds a manufactured home salesperson license shall comply with the provisions under s. SPS 305.323 that apply to a licensee.
SPS 305.325(5) (5)Invalid license. A manufactured home salesperson license shall remain valid until one of the following conditions occur:
SPS 305.325(5)(a) (a) The manufactured home salesperson is not employed by a person who holds a manufactured home dealer license issued by the department.
SPS 305.325(5)(b) (b) The department suspends or revokes the manufactured home salesperson's license.
SPS 305.325(6) (6)Renewal.
SPS 305.325(6)(a)(a) A person may renew his or her manufactured home salesperson license.
SPS 305.325(6)(b) (b) A manufactured home salesperson license shall be renewed in accordance with s. SPS 305.07.
SPS 305.325 History History: CR 04-134: cr. Register June 2005 No. 594, eff. 7-1-05; CR 06-071: am. (4) (a) Register November 2006 No. 611, eff. 12-1-06; CR 11-020: renum. (1) (a)to be (1), renum. (5) (a) (intro.), 1., 4. to be (5) (intro.), (a), (b) and am., r. (1) (b), (5) (a) 2., 3., (b), Register December 2011 No. 672, eff. 1-1-12; correction in (2) (a), (b), (4) (b), (6) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 305.327 SPS 305.327Manufactured home installer.
SPS 305.327(1) (1)General.
SPS 305.327(1)(a)(a) Except as provided in par. (b), beginning on January 1, 2007, pursuant to s. 101.96, Stats., no person may install a manufactured home onto a foundation or other support system unless the person complies with one of the following conditions:
SPS 305.327(1)(a)1. 1. The person holds a license issued by the department as a licensed manufactured home installer.
SPS 305.327(1)(a)2. 2. The person is under the general supervision of another person who holds a license issued by the department as a licensed manufactured home installer.
SPS 305.327(1)(b)1.1. The owner of a manufactured home who will reside in the home may install his or her own manufactured home without holding a license as a licensed manufactured home installer. This exemption does not apply to the owner who contracts for or otherwise arranges for the installation.
SPS 305.327(1)(b)2. 2. A person is not required to hold a license as a licensed manufactured home installer for electrical, plumbing or HVAC work associated with the installation of a manufactured home.
SPS 305.327 Note Note: There may be other state or local licensing requirements involved in the installation of manufactured homes.
SPS 305.327(2) (2)Qualifications for license. A person applying for a manufactured home installer license shall comply with all of the following conditions:
SPS 305.327(2)(a) (a) The person is at least 18 years old.
SPS 305.327(2)(b) (b) The person has not been found responsible in any judicial or administrative forum for any violation of s. 101.96, Stats., during the 2 years before the date on which the person's license application is submitted.
SPS 305.327 Note Note: See appendix for a reprint of section 101.96, Stats.
SPS 305.327(2)(c) (c) The person has not been found responsible in any judicial or administrative forum during the 2 years before the date on which the person's license application is submitted for any failure to perform an installation of a manufactured home as required under contract or for defrauding any person with regard to the provision of installation services.
SPS 305.327(3) (3)Application for license. A person may apply for a license as a licensed manufactured home installer by submitting an application, an application fee and the license fee in accordance with ss. SPS 305.01 and 305.02 and one of the following:
SPS 305.327(3)(a) (a) Evidence that the person holds a manufactured home installer license issued by the federal department of housing and urban development.
SPS 305.327(3)(b) (b) Evidence that the person holds a manufactured home installer license issued by a state administrative agency (SAA) that has an installer licensing program that is equivalent to the rules under this section.
SPS 305.327(3)(c) (c) Evidence that the person has completed at least 12 hours in an approved course or courses in the installation of manufactured homes within one year prior to the date of application. The course or courses shall include instruction in at least the following subject matter and one or more tests on the subject matter:
SPS 305.327(3)(c)1. 1. Soil mechanics.
SPS 305.327(3)(c)2. 2. Site preparation.
SPS 305.327(3)(c)3. 3. Structural support, stabilization and anchorage.
SPS 305.327(3)(c)4. 4. Setting.
SPS 305.327(3)(c)5. 5. Ventilation of crawl spaces.
SPS 305.327(3)(c)6. 6. Connections, plumbing, electrical, HVAC.
SPS 305.327(3)(c)7. 7. Joining of home sections.
SPS 305.327(4) (4)Responsibilities.
SPS 305.327(4)(a)(a) A person who installs or supervises the installation of manufactured homes as a licensed manufactured home installer shall be responsible for compliance with the installation requirements in ch. SPS 321.
SPS 305.327(4)(b) (b) A licensed manufactured home installer 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 305.327 Note Note: Section SPS 305.30 was repealed by CR 14-010, Register August 2014 No. 704, effective 9-1-14. Future rule-making by the department will correct the no longer valid reference.
SPS 305.327(5) (5)Renewal.
SPS 305.327(5)(a)1.1. A person may renew his or her license as a manufactured home installer.
SPS 305.327(5)(a)2. 2. A manufactured home installer license shall be renewed in accordance with s. SPS 305.07.
SPS 305.327(5)(b)1.1. The renewal of a license as a manufactured home installer shall be contingent upon the manufactured home installer obtaining at least 12 hours of acceptable continuing education prior to the expiration date of the license as specified in s. SPS 305.08 and Table 305.06, except as provided in subd. 2.
SPS 305.327(5)(b)2. 2. A person who holds a license as a manufactured home installer 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 305.327(5)(c) (c) The renewal of a license as a manufactured home installer shall be contingent upon all of the following conditions:
SPS 305.327(5)(c)1. 1. The person has not been found responsible in any judicial or administrative forum for any violation of s. 101.96, Stats., during the previous 2 years.
SPS 305.327(5)(c)2. 2. The person has not been found responsible in any judicial or administrative forum during the previous 2 years for any failure to perform an installation of a manufactured home as required under contract or for defrauding any person with regard to the provision of installation services.
SPS 305.327 History History: CR 06-071: cr. Register November 2006 No. 611, eff. 12-1-06; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register July 2007 No. 619; CR 08-110: r. (3) (b), renum. (3) (a) and (4) to be (3) and (4) (a), cr. (4) (b) Register September 2009 No. 645, eff. 10-1-09; correction to renumber of (3) made under s. 13.92 (4) (b) 1., Stats., Register September 2009 No. 645; correction in (3) (intro.), (4) (a), (b), (5) (a) 2., (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-010: am. (5) (b) 1. Register August 2014 No. 704, eff. 9-1-14.
SPS 305.33 SPS 305.33Soil testers.
SPS 305.33(1) (1)General. Pursuant to s. 145.045, Stats., no person may conduct soil evaluations relative to the discharge or disposal of liquid domestic wastes into the soil unless the person holds a certification issued by the department as a certified soil tester.
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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.