101.96(2)(b)5. 5. The individual has not been found responsible in any judicial or administrative forum during the 2 years before the date on which the individual'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.
101.96(2)(b)6. 6. The individual meets the standards of financial responsibility established by rule of the department.
101.96(2)(br) (br) Examination waiver. The department shall, by rule, establish a procedure under which it may waive the examination requirement under par. (b) 3. for individuals that demonstrate sufficient experience installing manufactured homes including active participation in the installation of at least 10 manufactured homes. This paragraph does not apply after June 1, 2007.
101.96(2)(c) (c) License term and fee. The department, by rule shall establish the term of installers' licenses and the conditions under which the department may revoke or suspend installers' licenses. The department shall establish an initial installer's license fee and license renewal fee by rule under s. 101.19.
101.96 History History: 2005 a. 45.
101.96 Cross-reference Cross-reference: See also s. SPS 305.327 and ch. SPS 320, Wis. adm. code.
101.965 101.965 Penalties.
101.965(1)(1) Any person who violates ss. 101.953 to 101.955, or any rule promulgated under ss. 101.953 to 101.955, may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
101.965(1p) (1p) Any person who violates s. 101.96 or any rule promulgated under that section may be required to forfeit not less than $25 nor more than $500 for each violation. Each day of continued violation constitutes a separate violation.
101.965(1t) (1t) Upon request of the department, the attorney general may commence an action in a court of competent jurisdiction to enjoin any installer from installing a manufactured home in violation of s. 101.96 (2).
101.965(2) (2) In any court action brought by the department for violations of this subchapter, the department may recover all costs of testing and investigation, in addition to costs otherwise recoverable, if it prevails in the action.
101.965(3) (3) Nothing in this subchapter prohibits the bringing of a civil action against a manufactured home manufacturer, manufactured home dealer or manufactured home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the manufactured home manufacturer, manufactured home dealer or manufactured home salesperson, that constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.
101.965 History History: 1999 a. 9, 53, 185; 2005 a. 45.
subch. VI of ch. 101 SUBCHAPTER VI
101.971 101.971 Definitions. In this subchapter:
101.971(1) (1) “Dwelling unit" has the meaning given in s. 101.61 (1).
101.971(2) (2) “Multifamily dwelling" means an apartment building, rowhouse, town house, condominium, or modular home, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units the initial construction of which is begun on or after January 1, 1993. “Multifamily dwelling" does not include a facility licensed under ch. 50.
101.971(3) (3) “Owner" means a person having a legal or equitable interest in a multifamily dwelling.
101.971(4) (4) “Political subdivision" means a county, city, village or town.
101.971 History History: 1991 a. 269; 2007 a. 11.
101.971 Cross-reference Cross-reference: See also chs. SPS 360, 361, 362, 363, 364, and 365, Wis. adm. code.
101.973 101.973 Department duties. The department shall:
101.973(1) (1) Promulgate rules that establish standards for the construction of multifamily dwellings and their components.
101.973(2) (2) Biennially review the rules promulgated under this subchapter.
101.973(3) (3) Issue any special order that it considers necessary to secure compliance with this subchapter.
101.973(4) (4) Prescribe and furnish to political subdivisions a standard building permit format for all multifamily dwellings subject to this subchapter.
101.973(5) (5) Collect and publish the data secured from the building permits.
101.973(6) (6) Hear under s. 101.02 (6) (e) to (i) and (8) petitions regarding the rules promulgated and special orders issued under this subchapter.
101.973(7) (7) Establish by rule a schedule of fees sufficient to defray the costs incurred by the department under this subchapter.
101.973(8) (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.165 (2) (j).
101.973(9) (9) Incorporate by reference in the rules promulgated under this subchapter all rules promulgated under subch. I that apply to multifamily dwellings.
101.973(10) (10) Establish a program of quality control training for all inspectors who inspect multifamily dwellings for compliance with this subchapter.
101.973 History History: 1991 a. 269; 1995 a. 27; 2011 a. 32; 2013 a. 8.
101.974 101.974 Department powers. The department may:
101.974(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 such hearings.
101.974(2) (2) Promulgate the rules under this subchapter.
101.974(3) (3) Provide for or engage in the testing, approval and certification of materials, methods and equipment of construction.
101.974(4) (4) Promulgate rules prescribing procedures for approving new building materials, methods and equipment.
101.974(5) (5) Study the administration of the rules promulgated under this subchapter and other laws related to the construction of multifamily dwelling units to determine their impact on the cost of building construction and their effectiveness in ensuring the health, safety and welfare of the occupants.
101.974 History History: 1991 a. 269; 2015 a. 55.
101.974 Cross-reference Cross-reference: See also chs. SPS 360, 361, 362, 363, 364, and 365, Wis. adm. code.
101.975 101.975 Local government authority.
101.975(1) (1) A political subdivision may regulate the construction and installation of windows and doors in multifamily dwellings if the regulation is related to preventing illegal entry.
101.975(2) (2) A political subdivision shall use the standard building permit format prescribed and furnished by the department under s. 101.973 (4) and file a copy of each permit issued with the department.
101.975 History History: 1991 a. 269; 1995 a. 27; 2015 a. 176.
101.976 101.976 Fire chief and inspector powers and duties. This subchapter does not restrict the duties and powers of fire chiefs or inspectors under s. 101.14 (2).
101.976 History History: 1991 a. 269.
101.977 101.977 Compliance.
101.977(1)(1) Except as provided in sub. (2), a person who constructs a multifamily dwelling shall use building materials, methods, and equipment that are in conformance with the standards prescribed under s. 101.973 (1).
101.977(2) (2)
101.977(2)(a)(a) No person may use in a multifamily dwelling load-bearing dimension lumber that has not been tested and approved for conformance as required by the department unless the lumber is approved for use as provided under par. (c) and if one of the following applies:
101.977(2)(a)1. 1. The lumber has been milled at the request of the person owning the lumber for use in the construction of the multifamily dwelling, a dwelling unit of which will be inhabited by that person.
101.977(2)(a)2. 2. The person milling the lumber sells the lumber directly to a person who will inhabit the dwelling unit in the multifamily dwelling, or to a person acting on his or her behalf and for whom a building permit has been issued for the multifamily dwelling.
101.977(2)(b) (b) The lumber shall be milled so that it meets or exceeds the requirements of the standards prescribed in s. 101.973. The person milling the lumber shall provide to the person receiving the lumber a written certification that the lumber meets or exceeds these requirements. The department shall design and provide forms for this purpose.
101.977(2)(bn) (bn) A person may not provide a written certification under par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the lumber grading training program under s. 36.25 (48) and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment.
101.977(2)(c) (c) Upon receipt of a copy of the certification required under par. (b), an inspector who inspects multifamily dwellings for compliance with this subchapter may either authorize the use of the lumber, reject the use of the lumber, or authorize its use subject to more restrictive construction requirements, including requirements as to size, spacing, length of spans, and design.
101.977 History History: 1991 a. 269; 2007 a. 208; 2009 a. 180.
101.978 101.978 Penalties. Any person who violates this subchapter or any rules promulgated under this subchapter shall forfeit not less than $25 nor more than $500 for each offense. Each day of continued violation constitutes a separate offense.
101.978 History History: 1991 a. 269.
subch. VII of ch. 101 SUBCHAPTER VII
101.981 101.981 Definitions; modification by rule.
101.981(1) (1) Except as provided in sub. (2), in this subchapter:
101.981(1)(a) (a) “Amusement or thrill ride" has the meaning given s. 101.19 (1b) (b).
101.981(1)(b) (b) “Belt manlift" means a power-driven, looped belt equipped with steps or platforms and a hand hold for the transportation of people from one floor of a building or structure to another.
101.981(1)(c) (c) “Conveyance" means an elevator, an escalator, a dumbwaiter, a belt manlift, a moving walkway, a platform lift, and a stairway chair lift, and any other similar device, such as an automated people mover, used to elevate or move people or things, as provided in the rules of the department. “Conveyance" does not include a personnel hoist; a material hoist; a grain elevator; a lift as defined in s. 167.33 (1) (f); an amusement or thrill ride; or a vertical platform lift, inclined platform lift, or a stairway chair lift that serves an individual residential dwelling unit.
101.981(1)(d) (d) “Dumbwaiter" means a hoisting and lowering mechanism that satisfies all of the following conditions:
101.981(1)(d)1. 1. Is equipped with a compartment that moves in guides in a substantially vertical direction and has a floor area of not more than 9 square feet.
101.981(1)(d)2. 2. Has a maximum lifting and lowering capacity of not more than 500 pounds.
101.981(1)(d)3. 3. Is used exclusively for carrying materials
101.981(1)(e) (e) “Elevator" means a hoisting or lowering machine, other than a dumbwaiter, equipped with a compartment or platform that moves in guides and serves 2 or more floors or landings of a building or structure.
101.981(1)(f) (f) “Escalator" means a power-driven, moving stairway used for raising and lowering people.
101.981(1)(g) (g) “Material hoist" means a hoist, other than a personnel hoist, that is used to raise or lower materials during construction, alteration, or demolition of a building or structure.
101.981(1)(h) (h) “Personnel hoist" means a hoist that is installed inside or outside a building or structure during the construction, alteration, or demolition of the building or structure and that is used to raise and lower workers, other personnel, and materials which the hoist is designed to carry.
101.981(2) (2) The department shall promulgate rules establishing additional definitions to the extent the department deems necessary for the proper administration and enforcement of this subchapter. The department, by rule, may modify definitions established under sub. (1). To the extent practicable, the department shall ensure that any definitions or modifications promulgated under this subsection are consistent with national, industry-wide safety standards governing matters regulated by this subchapter.
101.981 History History: 2005 a. 456; 2011 a. 32, 199, 209.
101.982 101.982 Conveyance safety code. The department shall promulgate rules establishing standards for the safe installation and operation of conveyances. In promulgating rules under this section the department shall consider the recommendations of the conveyance safety code council under s. 101.986. The rules shall be consistent, to the extent practicable, with national, industry-wide safety standards applicable to conveyances. The rules shall require any testing of conveyances or related equipment required under the rules to be performed by an elevator mechanic licensed under s. 101.985 (2). The rules shall require any person who installs a new conveyance to give the owner of the building in which the conveyance is installed, before the conveyance is placed in operation, a written certification indicating that the installation complies with the rules promulgated under this section. The rules shall include an enforcement procedure and a procedure pursuant to which the department may grant a variance from the rules if the variance would not jeopardize public safety.
101.982 History History: 2005 a. 456.
101.983 101.983 Approvals and permits for conveyances required.
101.983(1)(1)Construction, installation, and alteration.
101.983(1)(a)(a) Approval required. No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under s. 101.985 (1) has received an approval for the construction, installation, or alteration from the department.
101.983(1)(b) (b) Application. A person applying for an approval under par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under s. 101.12 (1) to avoid duplicative filing of information.
101.983(1)(c) (c) Revocation. The department may revoke an approval issued under this subsection if the department finds any of the following:
101.983(1)(c)1. 1. That information submitted under par. (b) by the person obtaining the approval contains false statements or misrepresentations of material fact.
101.983(1)(c)2. 2. That the approval was issued in error.
101.983(1)(c)3. 3. That the work performed under the approval is not consistent with information submitted under par. (b) by the person obtaining the approval or is in violation of this subchapter or rules promulgated under this subchapter.
101.983(1)(d) (d) Expiration. An approval issued under this subsection expires under any of the following circumstances:
101.983(1)(d)1. 1. If the work authorized under the approval is not commenced within 6 months after the date on which the approval is issued, or within a shorter period of time as specified by the department at the time the approval is issued.
2015-16 Wisconsin Statutes updated through 2017 Wis. Act 142 and all Supreme Court and Controlled Substances Board Orders effective on or before March 21, 2018. Published and certified under s. 35.18. Changes effective after March 21, 2018 are designated by NOTES. (Published 3-21-18)