101.953(2) (2) Action by a lessee to enforce the lessee's rights under this subchapter shall not be grounds for termination of the rental agreement.
101.953(3) (3) The warranty required under this section shall apply to the manufacturer of the manufactured home as well as to the manufactured home dealer who sells or leases the manufactured home to the consumer, and shall be in addition to any other rights and privileges that the consumer may have under any instrument or law. The waiver of any remedies under any law and the waiver, exclusion, modification or limitation of any warranty, express or implied, including the implied warranty of merchantability and fitness for a particular purpose, is expressly prohibited. Any such waiver is void.
101.953(4) (4) The transfer of a manufactured home from one manufactured home owner to another during the effective period of the warranty does not terminate the warranty, and subsequent manufactured home owners shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original manufactured home owner had not transferred the manufactured home.
101.953 History History: 1999 a. 9, 53, 185.
101.954 101.954 Sale or lease of used manufactured homes. In the sale or lease of any used manufactured home, the sales invoice or lease agreement shall contain the point of manufacture of the used manufactured home, the name of the manufacturer and the name and address of the previous owner of the manufactured home.
101.954 History History: 1999 a. 9, 53.
101.955 101.955 Jurisdiction and venue over out-of-state manufacturers.
101.955(1)(1) The importation of a manufactured home for sale in this state by an out-of-state manufacturer is considered an irrevocable appointment by that manufacturer of the department of financial institutions to be that manufacturer's true and lawful attorney upon whom may be served all legal processes in any action or proceeding against such manufacturer arising out of the importation of such manufactured home into this state.
101.955(2) (2) The department of financial institutions upon whom processes and notices may be served under this section shall, upon being served with such process or notice, mail a copy by registered mail to the out-of-state manufacturer at the nonresident address given in the papers so served. The original shall be returned with proper certificate of service attached for filing in court as proof of service. The service fee shall be $4 for each defendant so served. The department of financial institutions shall keep a record of all such processes and notices, which record shall show the day and hour of service.
101.955 History History: 1999 a. 9, 53.
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(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.
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 manufactured building, 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.
101.971 Cross-reference Cross Reference: See also chs. Comm 61, 62, 63, 64, and 65 and ss. Comm 61.01 and 61.40, Wis. adm. code.
101.972 101.972 Multifamily dwelling code council duties. The multifamily dwelling code council shall review the rules for multifamily dwelling construction and recommend a uniform multifamily dwelling code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall identify, consider and make recommendations to the department regarding variances in the rules for different climate and soil conditions and the variable conditions created by building and population densities.
101.972 History History: 1991 a. 269.
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. 20.143 (3) (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(11) (11) Contract with the legislative audit bureau to make periodic performance audits of any division of the department that is responsible for inspections of multifamily dwellings.
101.973 History History: 1991 a. 269; 1995 a. 27.
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 after consultation with the multifamily dwelling code council.
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.
101.974 Cross-reference Cross Reference: See also chs. Comm 61, 62, 63, 64, and 65 and ss. Comm 61.01 and 61.40, 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(3) (3)
101.975(3)(a)(a) In this subsection, "preexisting stricter sprinkler ordinance" means an ordinance that fulfills all of the following requirements:
101.975(3)(a)1. 1. The ordinance requires an automatic sprinkler system in multifamily dwellings containing 20 or less attached dwelling units.
101.975(3)(a)2. 2. The ordinance was in effect on January 1, 1992, and remains in effect on May 1, 1992.
101.975(3)(a)3. 3. The ordinance does not conform to this subchapter and s. 101.02 (7m) or is contrary to an order of the department under subch. I.
101.975(3)(a)4. 4. The ordinance is more stringent than the corresponding provision of this subchapter or s. 101.02 or the contrary provision of an order of the department under subch. I.
101.975(3)(b) (b) If a political subdivision has a preexisting stricter sprinkler ordinance, that ordinance remains in effect, except that the political subdivision may amend the ordinance to conform to this subchapter and s. 101.02 (7m) and to be not contrary to an order of the department under subch. I.
101.975 History History: 1991 a. 269; 1995 a. 27.
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. 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 History History: 1991 a. 269.
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.
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