LRB-5804/1
MED:wlj
2019 - 2020 LEGISLATURE
March 9, 2020 - Printed by direction of Senate Chief Clerk.
AB655-engrossed,1,6 1An Act to repeal 440.978 (4); to amend 440.97 (2m), 440.973 (3), 440.974 (2) and
2440.975 (3) (cm); and to create 440.972 (1) (bg), 440.972 (1m), 440.974 (1) (ag),
3440.975 (3) (bm) and 440.975 (3) (cr) of the statutes; relating to: regulation of
4home inspectors, extending the time limit for emergency rule procedures,
5providing an exemption from emergency rule procedures, and granting
6rule-making authority.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2019 Assembly Bill 655, as passed by the assembly on
February 20, 2020, consists of the following documents adopted in the assembly on
February 20, 2020: Assembly Substitute Amendment 1 as affected by Assembly
Amendments 1, 2, and 3. The text also includes the March 9, 2020, chief clerk's
correction to Assembly Amendment 2.
Content of Engrossed 2019 Assembly Bill 655:
Under current law, subject to certain exceptions, no individual may act as a
home inspector, use the title “home inspector," use any title or description that
implies that he or she is a home inspector, or represent himself or herself to be a home
inspector unless the individual is registered with the Department of Safety and
Professional Services. Similarly, no business entity may provide home inspection

services, and no business entity may use the title “home inspectors" to describe the
business entity's services, unless each of the home inspectors employed by the
business entity is so registered. In order to become a registered home inspector, an
individual must not have a disqualifying criminal record and must pass an
examination approved by DSPS. The practice of home inspectors is governed by
statutes and by rules promulgated by DSPS. This bill does the following with respect
to the law governing home inspectors:
1. Requires, in order to be granted a home inspector registration, that an
individual complete 40 hours of instruction.
2. Exempts newly registered home inspectors from continuing education
requirements for the first two renewals of a registration. Current DSPS rules
exempt newly registered home inspectors from continuing education requirements
for the first renewal of a registration.
3. Provides for reciprocal registration of home inspectors licensed in other
states who have comparable or more stringent requirements.
4. Modifies the definition of what is considered to be a “defect,” for purposes of
a report submitted by a home inspector to a client. The bill also makes modifications
to what the report is required to contain, including by adding a number of required
elements and statements for the report, such as a summary page with required
statements, and requiring defects to be labeled as defects if they satisfy the legal
definition of defect.
5. Repeals a provision allowing DSPS to use an alternative professional
discipline procedure for home inspectors.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB655-engrossed,1g 1Section 1g. 440.97 (2m) of the statutes is amended to read:
AB655-engrossed,2,72 440.97 (2m) “Defect” means a condition of any component of an improvement
3that a home inspector determines, on the basis of the home inspector's judgment on
4the day of an inspection,
would significantly impair the health or safety of future
5occupants of a property or that, if not repaired, removed, or replaced, would
6significantly shorten or adversely affect the expected normal life of the component
7of the improvement.
AB655-engrossed,1m 8Section 1m. 440.972 (1) (bg) of the statutes is created to read:
AB655-engrossed,3,3
1440.972 (1) (bg) Submits evidence satisfactory to the department that he or she
2has completed at least 40 hours of instruction approved by the department under s.
3440.974 (1) (ag).
AB655-engrossed,2 4Section 2 . 440.972 (1m) of the statutes is created to read:
AB655-engrossed,3,95 440.972 (1m) The department shall register an individual under this
6subchapter if the individual is registered or licensed in good standing as a home
7inspector in another state, the individual complies with sub. (1) (a), (b), (c), and (d),
8and the other state has requirements that the department determines meet or exceed
9those required under sub. (1).
AB655-engrossed,3 10Section 3 . 440.973 (3) of the statutes is amended to read:
AB655-engrossed,3,1311 440.973 (3) An individual is not eligible for examination unless the individual
12has satisfied the requirements for registration under s. 440.972 (1) (a) to (c) and (b)
13at least 30 days before the date of the examination.
AB655-engrossed,4 14Section 4 . 440.974 (1) (ag) of the statutes is created to read:
AB655-engrossed,3,1615 440.974 (1) (ag) Standards for instruction for purposes of the requirement
16under s. 440.972 (1) (bg).
AB655-engrossed,5 17Section 5 . 440.974 (2) of the statutes is amended to read:
AB655-engrossed,3,2418 440.974 (2) The department shall promulgate rules establishing continuing
19education requirements for individuals registered under this subchapter. The rules
20promulgated under this subsection shall require the completion of at least 40 hours
21of continuing education every 2 years, except that the rules may not require
22continuing education for an applicant for renewal of a registration that expires on
23the 1st and 2nd renewal dates after the date on which the department initially
24granted the registration
.
AB655-engrossed,6 25Section 6 . 440.975 (3) (bm) of the statutes is created to read:
AB655-engrossed,4,4
1440.975 (3) (bm) States the property address, the name of the home inspector
2who conducted the home inspection, the date of the home inspection, the names of
3the individuals who prepared the report, the date the report was prepared, and, if
4applicable, the date the report was revised.
AB655-engrossed,7 5Section 7 . 440.975 (3) (cm) of the statutes is amended to read:
AB655-engrossed,4,126 440.975 (3) (cm) Describes any defect that is detected by the home inspector
7during his or her home inspection. A home inspector is not required to shall use the
8term “defect” in describing a defect condition in the written report required under
9this subsection. A home inspector may not use the term “defect” in a written report
10required under this subsection unless that use is consistent with s. 440.97 (2m)
if the
11home inspector believes the condition satisfies the definition of “defect” under s.
12440.97 (2m)
.
AB655-engrossed,8 13Section 8 . 440.975 (3) (cr) of the statutes is created to read:
AB655-engrossed,4,1514 440.975 (3) (cr) 1. Includes a summary page that includes at least all of the
15following:
AB655-engrossed,4,1716 a. A list of conditions, labeled as defects, that are observed under par. (cm) to
17be defects, as defined in s. 440.97 (2m).
AB655-engrossed,4,1918 b. A listing of components needing repairs, components needing further
19evaluation, items to monitor, and maintenance items.
AB655-engrossed,4,2120 2. The summary page shall include references to the page, heading, or item
21number in the detailed account for further information.
AB655-engrossed,4,2222 3. The summary page shall include all of the following statements:
AB655-engrossed,4,2523 NOTE: This summary page is provided for convenience and is not a substitute
24for reading the entire report and should not be relied upon as the complete list for
25the client's reference.
AB655-engrossed,5,10
1For the purposes of the report, “defect,” as defined in section 440.97 (2m), Wis.
2Stats., means a condition of any component of an improvement that a home inspector
3determines, on the basis of the home inspector's judgment on the day of an
4inspection, would significantly impair the health or safety of occupants of a property
5or that, if not repaired, removed, or replaced, would significantly shorten or
6adversely affect the expected normal life of the component of the improvement. The
7contract of sale may define “defect” to also include a condition that would have a
8significant adverse effect on the value of the property, but such a condition may not
9be labeled a defect in the report unless it meets the definition in section 440.97 (2m),
10Wis. Stats.
AB655-engrossed,5,1211 NOTE: A home inspector may not report on the market value or marketability
12of a property or whether a property should or should not be purchased.
AB655-engrossed,8m 13Section 8m. 440.978 (4) of the statutes is repealed.
AB655-engrossed,9 14Section 9 . Nonstatutory provisions.
AB655-engrossed,5,1915 (1) In requiring a home inspector, under s. 440.975 (3) (cm), to describe a defect,
16as defined in s. 440.97 (2m), by using the term “defect” in a home inspection
17consistent with the definition under s. 440.97 (2m), the legislature does not intend
18to modify the liability of a home inspector in any action relating to a home inspection
19conducted by the home inspector.
AB655-engrossed,5,22 20(1m) The rules promulgated under s. 440.974 (2), as affected by this act, shall
21first apply to an individual who is required to satisfy s. 440.972 (1) (bg) as provided
22in Section 10 (1) of this act.
AB655-engrossed,6,623 (2) The department of safety and professional services may promulgate
24emergency rules under s. 227.24 necessary to implement this act. Notwithstanding
25s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain

1in effect until May 1, 2022, or the date on which permanent rules take effect,
2whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not
3required to provide evidence that promulgating a rule under this subsection as an
4emergency rule is necessary for the preservation of the public peace, health, safety,
5or welfare and is not required to provide a finding of emergency for a rule
6promulgated under this subsection.
AB655-engrossed,10 7Section 10 . Initial applicability.
AB655-engrossed,6,118 (1) The treatment of s. 440.972 (1) (bg) first applies to decisions by the
9department of safety and professional services to grant or deny a registration under
10s. 440.972 made on the date on which the rules promulgated under s. 440.974 (1) (ag)
11take effect.
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