101.76(1)(c)
(c) By ordinance establish and collect fees to defray the cost of jurisdiction exercised under
par. (a) or
(b).
101.76(1)(d)
(d) By ordinance provide remedies and penalties for violation of the jurisdiction exercised under
par. (a) or
(b).
101.76(2)
(2) Shall contract with the department for on-site installation inspection services which the municipality does not perform under
sub. (1) (a) or
(b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services pursuant to
s. 101.73 (12).
101.76(3)
(3) Shall use the standard building permit form prescribed by the department and file a copy of each such permit issued with the department.
101.761
101.761
Certain municipalities excepted. 101.761(1)
(1) In this section, "municipality" means a city, village or town with a population of 2,500 or less.
101.761(2)
(2) Except as provided under
sub. (6), a municipality is exempt from:
101.761(2)(b)
(b) Any rule adopted under
s. 101.73 regarding suspension or revocation of standard building permits.
101.761(3)
(3) The department or a county may not enforce this subchapter or an ordinance adopted under
s. 101.76 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular manufactured building or by the municipality. A request by a person or a municipality with respect to a particular manufactured building does not give the department or a county authority with respect to any other manufactured building. Costs shall be collected under
s. 101.76 (1) (c) or
ss. 101.73 (12) and
101.76 (2) from the person or municipality making the request.
101.761(4)
(4) Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department.
101.761(5)
(5) This section does not affect the applicability of or ordinances adopted under this subchapter to manufacturers, builders and owners of manufactured buildings located in a municipality.
101.761(6)
(6) Any dwelling not inspected under
s. 101.76 shall comply with the rules adopted under
s. 101.73 (1) which take into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.
101.77
101.77
Penalties. Whoever violates this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation and each day that such violation continues constitutes a separate offense.
101.77 History
History: 1975 c. 405.
INSPECTION OF ELECTRICAL CONSTRUCTION AND CERTIFICATION OF MASTER ELECTRICIANS,
CONTRACTORS, JOURNEYMEN AND
BEGINNING ELECTRICIANS
101.80
101.80
Definitions. In this subchapter:
101.80(1)
(1) "Municipality" means city, town, village and county.
101.80(2)
(2) "Public buildings" and "places of employment" include all exterior wiring except wiring owned, leased, operated or maintained by a public utility including any electrical cooperative, in the exercise of its utility function.
101.82
101.82
Departmental duties. The department shall:
101.82(1)
(1) Adopt rules for the construction and inspection of electrical construction of public buildings and places of employment and for the inspection of electrical construction of places where farming, as defined in
s. 101.01 (11), is conducted. Where feasible, the standards used shall be those nationally recognized. No rule may be adopted which does not take into account the conservation of energy in construction and maintenance of buildings.
101.82(2)
(2) Adopt rules for the certification, including provisions for suspension and revocation thereof, of electrical inspectors for the purpose of inspecting the electrical wiring of public buildings and places of employment. Persons certified as inspectors may be employees of the department, a municipality or private inspection agency.
101.82(3)
(3) Contract to provide inspection services, at municipal expense, to any municipality which requests such service under
s. 101.86.
101.82(3m)
(3m) Provide inspection services in those municipalities which have not adopted and enforced ordinances providing for inspection of electrical construction under
s. 101.86 and defray the cost of this inspection through fees charged to the owner of the inspected building.
101.82(4)
(4) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.
101.84
101.84
Departmental powers. The department may:
101.84(1)
(1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings.
101.84(2)
(2) At the request of the owner or tenant, enter, inspect and examine the exterior and interior wiring of a public building or place of employment necessary to ascertain compliance with the rules promulgated under this subchapter.
101.84 History
History: 1979 c. 309.
101.86
101.86
Municipal authority. 101.86(1)(a)
(a) Exercise jurisdiction over electrical construction and inspection of electrical construction in public buildings and places of employment by passage of ordinances, providing such ordinances meet the minimum requirements of the department's rules adopted under this subchapter. A county ordinance shall apply in any city, village or town which has not enacted such an ordinance.
101.86(1)(c)
(c) By ordinance, establish and collect fees to defray the cost of jurisdiction exercised under
par. (a) or
(b) or a contract under
sub. (2).
101.86(1)(d)
(d) By ordinance, provide remedies and penalties for violation of the jurisdiction exercised under
par. (a) or
(b).
101.86(2)
(2) A municipality may contract with the department for those inspection services which the municipality does not perform or contract for under
sub. (1) (a) or
(b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services under
s. 101.82 (4).
101.86(3)
(3) The cost of inspection services provided by any county which has enacted an ordinance under
sub. (1) or contracted under
sub. (2) if not defrayed by fees shall be charged to or taxed upon the property within those cities, villages and towns in the county which have not enacted a local construction and inspection ordinance under
sub. (1) or contracted under
sub. (2), and no part of the cost of inspection services may be charged to or taxed against the property within any city, village or town which has enacted such an ordinance or contracted under
sub. (2).
101.86 History
History: 1979 c. 309;
1999 a. 150 s.
672.
101.865
101.865
Regulation of electric wiring. 101.865(1)
(1) It is hereby made the duty of every contractor and other person who does any electric wiring in this state to comply with the Wisconsin state electrical code, and the company furnishing the electric current shall obtain proof of such compliance before furnishing such service; provided, that nothing therein contained shall be construed as prohibiting any municipality from making more stringent regulations than those contained in the Wisconsin state electrical code. Proof of such compliance shall consist of a certificate furnished by a municipal or other recognized inspection department or officer, or if there is no such inspection department or officer it shall consist of a written statement furnished by the contractor or other person doing the wiring, indicating that there has been such compliance.
101.865(2)
(2) Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined not less than $25 nor more than $100 or imprisoned in the county jail for not less than 30 days nor more than 6 months.
101.865 History
History: 1983 a. 164 s.
4; Stats. 1983 s. 101.865;
1989 a. 348;
1997 a. 253.
101.87(1)(1) The department shall adopt rules establishing a uniform examination for the statewide certification of master electricians and establishing certification requirements for electrical contractors, journeymen electricians and beginning electricians. The rules shall specify that only master electricians and persons who employ at least one master electrician may be certified as electrical contractors; that persons who successfully complete an apprenticeship program lasting for at least 4 years and approved by the U.S. department of labor and by the department or pass an inside journeyman wireman examination and who have installed electrical wiring for at least 48 months and have maintained and repaired electrical wiring for at least one month shall be certified as journeymen electricians; and that only persons who have some experience installing and repairing electrical wiring may be certified as beginning electricians. The rules shall provide for the periodic administration of the examination, shall specify the certification period and examination fee and shall establish criteria for the suspension of the certificate by the department for violations of a municipality's electrical code upon notification of such violations by the municipality. Applicants for certification as electrical contractors shall provide the department with their social security number, their worker's compensation number, their unemployment insurance account number, their state and federal tax identification numbers and the name and address of each partner or member if they are partnerships or limited liability companies, of the owner if they are individual proprietorships and of their officers if they are corporations.
101.87(2)
(2) Any municipality which by ordinance requires the licensure of electrical contractors shall issue a license to any electrical contractor who wishes to perform electrical construction work in the municipality upon the submission by the electrical contractor of evidence that at least one of his or her full-time employees has been certified by the state as a master electrician under
sub. (1), and upon the payment of the municipality's licensure fee and the posting of any required bond. The municipality's licensure fee may not exceed the amount required to cover the administrative costs of issuing the license.
101.87(3)
(3) If a municipality that requires the licensure of electrical contractors on March 28, 1984, thereafter ceases to require such licensure but requires state certification under
sub. (1), a person licensed by the municipality may continue to perform electrical construction work in that municipality upon application to the department for restricted certification limited to that municipality. The department may charge a fee for such certification.
101.87(4)
(4) No municipality may, before January 1, 1995, require the licensure of electrical contractors unless that municipality requires that licensure on May 11, 1990.
101.88
101.88
Compliance and penalties. 101.88(1)
(1) Every contractor, designer and owner shall use building materials, methods and equipment which are in conformance with the rules adopted by the department under this subchapter.
101.88(2)
(2) All inspections shall be made by persons certified by the department.
101.88(3)
(3) Except as provided under
s. 101.865 (2), whoever violates this subchapter or any rule promulgated under this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day of violation constitutes a separate offense.
101.88 History
History: 1979 c. 309;
1983 a. 164.
MANUFACTURED HOMES AND MOBILE HOMES;
REGULATION OF MANUFACTURERS
101.91
101.91
Definitions. In this subchapter:
101.91(1g)
(1g) "Delivery date" means the date on which a manufactured home is physically delivered to the site chosen by the owner of the manufactured home.
101.91(2)
(2) "Manufactured home" means any of the following:
101.91(2)(a)
(a) A structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.
101.91(2)(b)
(b) A structure which meets all the requirements of
par. (a) except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under
42 USC 5401 to
5425.
101.91(2)(c)
(c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.
101.91(2b)
(2b) "Manufactured home dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in, manufactured homes or who is engaged wholly or partially in the business of selling manufactured homes, whether or not the manufactured homes are owned by the person, but does not include:
101.91(2b)(a)
(a) A receiver, trustee, administrator, executor, guardian or other person appointed by or acting under the judgment or order of any court.
101.91(2b)(b)
(b) Any public officer while performing that officer's official duty.
101.91(2b)(e)
(e) A person transferring a manufactured home used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
101.91(2d)
(2d) "Manufactured home owner" means any person who purchases, or leases from another, a manufactured home primarily for use for personal, family or household purposes.
101.91(2f)
(2f) "Manufactured home park" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. "Manufactured home park" does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the manufactured homes work on the farm.
101.91(2h)
(2h) "Manufactured home salesperson" means any person who is employed by a manufactured home manufacturer or manufactured home dealer to sell or lease manufactured homes.
101.91(2k)
(2k) "Mobile home" means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. "Mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.
101.91(5)
(5) "New manufactured home" means a manufactured home that has never been occupied, used or sold for personal or business use.
101.91(6)
(6) "Used manufactured home" means a manufactured home that has previously been occupied, used or sold for personal or business use.
101.91 Annotation
The definition of "manufactured home" under this section is inapplicable to determining whether a person is a mobile home dealer under s. 218.10. State v. Edlebeck,
196 Wis. 2d 744,
539 N.W.2d 469 (Ct. App. 1995).
101.92
101.92
Departmental powers and duties. The department:
101.92(1)
(1) Shall adopt, administer and enforce rules for the safe and sanitary design and construction of manufactured homes that are manufactured, distributed, sold or offered for sale in this state.
101.92(1m)
(1m) Shall promulgate rules prescribing minimum installation standards for pier installation of new manufactured homes. The rules shall be consistent with the standards for pier installation established by the American National Standards Institute and the manufactured housing industry trade organizations.
101.92(2)
(2) Shall license all manufacturers desiring to sell or distribute for sale manufactured homes in this state.
101.92(3)
(3) Shall review annually the rules adopted under this subchapter.
101.92(4)
(4) Shall provide for announced or unannounced inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes to ensure compliance with the rules adopted under this subchapter.
101.92(5)
(5) Shall establish standards for certification of inspection and testing agencies which shall include standards for in-plant inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes and for issuance of or acceptance of a label of approval.
