101.654(1)(a)(a) Subject to
par. (b), no person may obtain a building permit unless the person annually obtains from the department a certificate of financial responsibility showing that the person is in compliance with
sub. (2).
101.654(1)(b)
(b) Paragraph (a) does not apply to an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on that dwelling.
101.654(2)
(2) An applicant for a certificate of financial responsibility shall provide to the satisfaction of the department proof of all of the following:
101.654(2)(a)
(a) That the applicant has in force one of the following:
101.654(2)(a)1.
1. A bond endorsed by a surety company authorized to do business in this state of not less than $5,000, conditioned upon the applicant complying with all applicable provisions of the one- and 2-family dwelling code and any ordinance enacted under
s. 101.65 (1) (a).
101.654(2)(a)2.
2. A policy of general liability insurance issued by an insurer authorized to do business in this state insuring the applicant in the amount of at least $250,000 per occurrence because of bodily injury to or death of others or because of damage to the property of others.
101.654(2)(b)
(b) If the applicant is required under
s. 102.28 (2) (a) to have in force a policy of worker's compensation insurance or if the applicant is self-insured in accordance with
s. 102.28 (2) (b), that the applicant has in force a policy of worker's compensation insurance issued by an insurer authorized to do business in this state or is self-insured in accordance with
s. 102.28 (2) (b).
101.654(2)(c)
(c) If the applicant is required to make state unemployment compensation contributions under
ch. 108 or is required to pay federal unemployment compensation taxes under
26 USC 3301 to
3311, that the applicant is making those contributions or paying those taxes as required.
101.654(2m)
(2m) If an applicant wishes to use a bond under
sub. (2) (a) 1. of less than $25,000 to comply with
sub. (2) (a), the applicant shall agree not to perform any work on a dwelling for which the estimated cost of completion is greater than the amount of the bond. The department shall indicate any restriction under this subsection on the certificate of financial responsibility issued under
sub. (3).
101.654(3)
(3) Upon receipt of the proof required under
sub. (2) and the fee required by rules promulgated under
s. 101.63 (2m), the department shall issue to the applicant a certificate of financial responsibility. A certificate of financial responsibility issued under this subsection is valid for one year after the date of issuance, unless sooner suspended or revoked.
101.654(4)(a)(a) A bond or insurance policy required under
sub. (2) may not be canceled by the person insured under the bond or policy or by the surety company or insurer except on 30 days' prior written notice served on the department in person or by 1st class mail or, if the cancellation is for nonpayment of premiums to the insurer, on 10 days' prior written notice served on the department in person or by 1st class mail. The person insured under the bond or policy shall file with the department proof to the satisfaction of the department of a replacement bond or replacement insurance within the 30-day notice period or 10-day notice period, whichever is applicable, and before the expiration of the bond or policy. The department shall suspend without prior notice or hearing the certificate of financial responsibility of a person who does not file satisfactory proof of a replacement bond or replacement insurance as required by this subsection.
101.654(4)(b)
(b) A bond under
sub. (2) (a) 1. shall be executed in the name of the state for the benefit of any person who sustains a loss as a result of the person insured under the bond not complying with an applicable provision of the one- and 2-family dwelling code or any ordinance enacted under
s. 101.65 (1) (a), except that the aggregate liability of the surety to all persons may not exceed the amount of the bond.
101.654 History
History: 1993 a. 126;
1995 a. 392.
101.66
101.66
Compliance and penalties. 101.66(1)
(1) Every builder, designer and owner shall use building materials, methods and equipment which are in conformance with the one- and 2-family dwelling code.
101.66(2)
(2) All inspections shall be by persons certified by the department.
101.66(3)
(3) Whoever violates this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day that such violation continues constitutes a separate offense.
101.66 History
History: 1975 c. 404.
MANUFACTURED BUILDING CODE
101.70
101.70
Purpose. The purpose of this subchapter is to establish statewide standards and inspection procedures for the manufacture and installation of manufactured buildings for dwellings and to promote interstate uniformity in standards for manufactured buildings by authorizing the department to enter into reciprocal agreements with other states which have equivalent standards.
101.70 History
History: 1975 c. 405.
101.71
101.71
Definitions. In this subchapter:
101.71(1)
(1) "Closed construction" means any building, building component, assembly or system manufactured in such a manner that it cannot be inspected before installation at the building site without disassembly, damage or destruction.
101.71(2)
(2) "Dwelling" means any building that contains one or more dwelling units. "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
101.71(3)
(3) "Insignia" means a device or seal approved by the department to certify compliance with this subchapter.
101.71(4)
(4) "Installation" means the assembly of a manufactured building on-site and the process of affixing a manufactured building to land, a foundation, footing or an existing building.
101.71(5)
(5) "Manufacture" means the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished, semifinished or finished materials.
101.71(6)(a)(a) "Manufactured building" means any structure or component thereof which is intended for use as a dwelling and:
101.71(6)(a)1.
1. Is of closed construction and fabricated or assembled on-site or off-site in manufacturing facilities for installation, connection, or assembly and installation, at the building site; or
101.71(6)(a)2.
2. Is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation, on the building site and for which certification is sought by the manufacturer.
101.71(6)(b)
(b) "Manufactured building" does not mean any manufactured home or mobile home under
s. 101.91 or any building of open construction which is not subject to
par. (a) 2.
101.71(7)
(7) "Open construction" means any building, building component, assembly or system manufactured in such a manner that it can be readily inspected at the building site without disassembly, damage or destruction.
101.715
101.715
Application. This subchapter applies to a dwelling the initial construction of which was commenced on or after December 1, 1978, except that
s. 101.745 applies to a manufactured building the initial manufacture of which was commenced on or after May 23, 1978.
101.715 History
History: 1989 a. 109.
101.72
101.72
Dwelling code council. The dwelling code council shall review the standards and rules for manufactured buildings for dwellings and recommend a statewide manufactured building code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings. Such rules shall take into account the costs to home buyers of specific code provisions in relation to the benefits derived therefrom. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter.
101.72 History
History: 1975 c. 405.
101.73
101.73
Departmental duties. The department shall:
101.73(1)
(1) Adopt rules which establish standards for the use of building materials, methods and equipment in the manufacture and installation of manufactured buildings for use as dwellings or dwelling units. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems. Such rules shall take into account the conservation of energy in construction and maintenance of dwellings and the costs to home buyers of specific code provisions in relation to the benefits derived therefrom.
101.73(1m)
(1m) Adopt a rule which requires any manufactured building which uses electricity for space heating to be superinsulated.
101.73(2)
(2) Adopt rules for the examination of plans and specifications and for periodic in-plant and on-site inspections of manufacturing facilities, processes, fabrication, assembly and installation of manufactured buildings to ensure that examinations and inspections are made in compliance with the rules adopted for construction, electrical wiring, heating, ventilating, air conditioning and other systems under
ss. 101.70 to
101.77 and with the rules for indoor plumbing adopted by the department under
ch. 145.
101.73(3)
(3) Provide for examination of plans and specifications and in-plant inspections when contracted for by the manufacturer under
s. 101.75 (1) and shall contract to provide on-site inspection services for the installation of manufactured buildings for dwellings, at municipal expense, for any municipality which requires such service under
s. 101.76 or
101.761.
101.73(5)
(5) Adopt rules for the certification, including provisions for suspension and revocation thereof, of on-site inspectors of the installation of manufactured buildings for dwellings. Persons certified as on-site inspectors may be employes of the department, a city, village, town or county or an independent agency.
101.73(6)
(6) Adopt rules for the certification, including provisions for suspension and revocation thereof, of independent inspection agencies to conduct in-plant inspections of manufacturing facilities, processes, fabrication and assembly of manufactured buildings for dwellings and to certify compliance with this subchapter.
101.73(7)
(7) Issue or recognize an insignia of compliance for dwellings which conform to the manufactured building code.
101.73(8)
(8) Biennially review the rules promulgated under this subchapter.
101.73(9)
(9) Issue special orders which it deems necessary to secure compliance with this subchapter and enforce the same by all appropriate administrative and judicial proceedings.
101.73(10)
(10) Prescribe and furnish to municipalities a standard building permit form for all new one- and 2-family dwellings.
101.73(11)
(11) Hear petitions regarding the manufactured building code, rules and special orders in accordance with
s. 101.02 (6) (e) to
(i) and
(8).
101.73(12)
(12) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.
101.74
101.74
Departmental powers. The department may:
101.74(1)
(1) Hold hearings on any matter relating to this subchapter.
101.74(2)
(2) At the request of the owner or renter enter, inspect and examine dwellings, dwelling units and premises necessary to ascertain compliance with the rules and special orders under this subchapter.
101.74(2m)
(2m) Study the operation of the dwelling construction code and other laws related to the construction of dwelling units to determine their impact upon the cost of building construction and their effectiveness upon the health, safety and welfare of the occupants.
101.74(3)
(3) Revise the rules under this subchapter after consultation with the dwelling code council.
101.74(4)
(4) Provide for or engage in the testing, approval and certification of materials, devices and methods for the manufacture or installation of manufactured buildings.
101.74(5)
(5) Collect and publish data secured from the examinations and inspections under
s. 101.73 (2) and
(3), and from building permits.
101.74(6)
(6) Adopt rules prescribing procedures for approving new building materials, devices and methods for the manufacture or installation of manufactured buildings for dwellings.
101.74(7)
(7) Enter into reciprocal agreements with other states regarding the design, construction, inspection and labeling of manufactured buildings where the laws or rules of other states meet the intent of the manufactured building code and the rules promulgated under this subchapter.
101.74 History
History: 1975 c. 405.
101.745(2)
(2) Approval. A smoke detector required under this section shall be approved by underwriters laboratory.
101.745(3)
(3) Installation. A smoke detector required under this section shall be installed according to the directions and specifications of the manufacturer.
101.745(4)
(4) Requirement. The manufacturer of a manufactured building shall install a functional smoke detector on each floor level except the attic or storage area of each dwelling unit.
101.75
101.75
Inspections, insignia and alterations. 101.75(1)(1)
Inspections and compliance. Manufacturers of manufactured buildings shall contract with a certified independent inspection agency or the department to conduct in-plant inspections and certify compliance with this subchapter. Manufacturers shall reimburse the independent inspection agency in accordance with the terms of the contract or reimburse the department in accordance with fees established under
s. 101.73 (12). All inspections shall be performed by persons certified by the department.
101.75(2)
(2) Display of insignia required. All manufactured buildings manufactured, sold for initial use or installed within this state shall display, in a manner determined by the department, the insignia issued or recognized under
ss. 101.73 (7) and
101.74 (7). All manufactured buildings bearing such insignia shall be deemed to comply with the requirements of all building ordinances and regulations of any local government except those related to zoning and siting requisites including but not limited to building setback, side and rear yard requirements and property line requirements.
101.75(3)
(3) Department approval of alterations. No person shall alter an approved manufactured building in any way prior to or during installation without the approval of the department.
101.75(4)
(4) Counterfeit insignia. No person may falsely or fraudulently make, forge, alter or counterfeit any insignia issued or recognized under
ss. 101.73 (7) and
101.74 (7).
101.75 History
History: 1975 c. 405.
101.76
101.76
Municipal authority. Except as provided by
s. 101.761, cities, villages, towns and counties:
101.76(1)(a)
(a) With the approval of the department, exercise jurisdiction over the installation of manufactured buildings for dwellings by passage of ordinances, provided such ordinances are in strict conformance with this subchapter and the on-site inspection is performed by persons certified by the department. Except as provided by
s. 101.761, a county ordinance shall apply in any city, village or town which has not enacted such ordinance.
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.
101.76 History
History: 1975 c. 405;
1981 c. 20.
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:
