SPS 305.003(16)
(16) “Corrosion expert" means a person who is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience.
SPS 305.003(17)
(17) “Damage" means defects caused by reasons other than normal wear through home age and usage.
SPS 305.003(18)
(18) “Department" means the department of safety and professional services.
SPS 305.003(19)
(19) “Direct supervision" means to assume the responsibility of an activity of others and its results by providing oversight and guidance at the site where the activity is being conducted.
SPS 305.003(20)
(20) “Dwelling contractor" means any person, firm or corporation engaged in the business of performing construction or erosion control work on a one- or 2- family dwelling.
SPS 305.003 Note
Note: Pursuant to s.
101.654 (1) (b), Stats., “dwelling contractor" does not include an owner of a dwelling who resides or will reside in the dwelling.
SPS 305.003(21)
(21) “Electrical construction" means the installation of electrical wiring. “Electrical construction" does not include the maintenance, repair or fabrication of electrical equipment or the installation of electrical wiring and equipment covered by ch.
PSC 114.
SPS 305.003 Note
Note: Under s.
101.80 (1m), Stats., “electrical wiring" means all equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used for the production, modification, regulation, control, distribution, utilization, or safeguarding of electrical energy for mechanical, chemical, cosmetic, heating, lighting, or similar purposes, as specified under the state electrical wiring code. “Electrical wiring" does not include the equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used by a public utility, an electric cooperative, or a wholesale merchant operator for the purpose of generating, transmitting, distributing, or controlling heat, light, power, or natural gas to its customers or members.
SPS 305.003(23)
(23) “Financial statement" means a balance sheet showing assets, liabilities and net worth.
SPS 305.003 Note
Note: Under s.
167.10 (1), Stats., “fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:
SPS 305.003 Note
(a) Fuel or a lubricant.
SPS 305.003 Note
(b) A firearm cartridge or shotgun shell.
SPS 305.003 Note
(c) A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle.
SPS 305.003 Note
(d) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
SPS 305.003 Note
(e) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.
SPS 305.003 Note
(f) A toy snake which contains no mercury.
SPS 305.003 Note
(g) A model rocket engine.
SPS 305.003 Note
(h) Tobacco and a tobacco product.
SPS 305.003 Note
(i) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.
SPS 305.003 Note
(j) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
SPS 305.003 Note
(k) A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive mixture.
SPS 305.003 Note
(L) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.
SPS 305.003 Note
(m) A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in
49 CFR 173.50.
SPS 305.003 Note
(n) A cone fountain that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in
49 CFR 173.50.
SPS 305.003(25)
(25) “General supervision" means to assume the responsibility of an activity of others and its results without being present at the site where the activity is being conducted.
SPS 305.003(26)
(26) “HVAC" means heating, ventilating and air conditioning.
SPS 305.003(27)
(27) “HVAC equipment" means materials, piping, fittings, devices, appliances, apparatus, controls and control wiring used as part of or in connection with permanent heating, ventilating, air conditioning or exhausting systems serving buildings. HVAC equipment does not include residential bathroom fans and kitchen hoods, water heaters, process heating equipment, and space heaters such as masonry fireplaces and chimneys, factory-built fireplaces and venting systems, decorative gas fireplaces, and wood-burning stoves.
SPS 305.003(28)
(28) “Incompetence" means conduct which evidences a lack of competence or ability to discharge the duty required to protect the health, safety and welfare of the public, lack of knowledge of the fundamental principles of a particular trade or practice, or an inability to apply those principles, or failure to maintain competency in the current practices and methods applicable to the activity and the state statutes and rules governing the activity.
SPS 305.003 Note
Note: Under s.
145.01 (6), Stats., “journeyman automatic fire sprinkler fitter" means any person other than an automatic fire sprinkler contractor who is engaged in the practical installation of automatic fire sprinkler systems.
SPS 305.003 Note
Note: Under s.
145.01 (7), Stats., “journeyman plumber" means any person other than a master plumber, who is engaged in the practical installation of plumbing.
SPS 305.003(32)
(32) “Licensee" means any manufactured home dealer or manufactured home salesperson or any person who is both a manufactured home dealer and a manufactured home salesperson.
SPS 305.003(33)
(33) “Lift" means a conveyance device covered under the scope of American Society of Mechanical Engineers (ASME) A18.1a – Safety Standard for Platform Lifts and Stairway Chairlifts.
SPS 305.003 Note
Note: Section
101.16 (1) (b), Stats., reads: “ `Liquefied petroleum gas' means any material which is composed predominantly of, or any mixtures of, any of the following hydrocarbons including their isomers:
SPS 305.003 Note
1. Propane.
SPS 305.003 Note
2. Propylene.
SPS 305.003 Note
3. Butane.
SPS 305.003 Note
4. Butylene.
SPS 305.003 Note
Note: See the note after the definition of “fireworks", sub. (18), for the statutory language of s.
167.10 (1) (e),
(f) and
(i) to
(n).
SPS 305.003(36)
(36) “Main business office" means an office involved in the sales of manufactured homes that is the primary management location of the licensed manufactured home dealer.
SPS 305.003 Note
Note: Under s.
101.91 (2), Stats., “manufactured home" means any of the following:
SPS 305.003 Note
(am) A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under
42 USC 5401 to
5425.
SPS 305.003 Note
(c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.
SPS 305.003(38)
(38) “Manufactured home dealer" has the meaning given in s.
101.91 (3), Stats., except for a person who sells no more than one new or used manufactured home in any one calendar year.
SPS 305.003 Note
Note: Under s.
101.91 (3), Stats., “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:
SPS 305.003 Note
(a) A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court.
SPS 305.003 Note
(b) Any public officer while performing that officer's official duty.
SPS 305.003 Note
(c) Any employee of a person enumerated in par. (a) or (b).
SPS 305.003 Note(d) Any lender, as defined in s.
421.301 (22).
SPS 305.003 Note
(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.
SPS 305.003 Note
Note: Under s.
101.91 (5m), Stats., “manufactured home community" 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 community" 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.
SPS 305.003 Note
Note: Section
101.981 (1) (g), Stats., reads: “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.
SPS 305.003 Note
Note: Under s.
145.01 (8), Stats., “master plumber" means any person skilled in the planning, superintending and the practical installation of plumbing and familiar with the laws, rules and regulations governing the same.
SPS 305.003(43)
(43) “Misconduct" means an act performed by an individual relating to the responsibilities or duties for which the individual has been licensed, registered or certified that jeopardizes the interests of the public, including violation of federal or state laws, local ordinances or administrative rules; preparation of deficient or falsified reports; failure to submit information or reports required by law or contract when requested by the municipality or the department; conduct which evidences a lack of trustworthiness; misrepresentation of qualifications such as education, experience or certification; illegal entry of premises; misuse of funds; or misrepresentation of authority.
SPS 305.003(44)
(44) “Multipurpose piping system" means a type of water distribution system conveying potable water to plumbing fixtures and appliances and automatic fire sprinklers with the intention of serving both domestic water needs and fire protection needs within a one- or 2-family dwelling or manufactured dwelling.
SPS 305.003(46)
(46) “Negligence" means the failure to exercise the degree of care and judgment to protect public health and safety normally expected of an individual performing activities within the scope of a license, certification or registration category.
SPS 305.003(47)
(47) “Net worth" means the difference between the asset and liability values on a financial statement. Negative net worth is the excess of liabilities over assets.
SPS 305.003 Note
Note: Under s.
101.91 (11), Stats., “new manufactured home" means a manufactured home that has never been occupied, used or sold for personal or business use.
SPS 305.003(49)
(49) “Non-broker" means a manufactured home dealer who has a sales lot, inventory or ownership interest in the manufactured homes being sold.
SPS 305.003(50)
(50) “PECFA" means petroleum environmental cleanup fund award, as established in s.
292.63, Stats.
SPS 305.003 Note
Note: Section
101.981 (1) (h), Stats., reads: “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.
SPS 305.003 Note
Note: Under s.
145.01 (9), Stats., “pipelayer" means a person registered under s.
145.07 (11).
SPS 305.003 Note
Note: Section
145.01 (10), Stats., reads:
SPS 305.003 Note
(10) Plumbing. (a) “Plumbing" means:
SPS 305.003 Note
1. All piping, fixtures, appliances, equipment, devices, and appurtenances in connection with water supply systems, water distribution systems, wastewater drainage systems, reclaimed water systems, and stormwater use systems, including hot water storage tanks, water treatment devices, and water heaters connected with these systems and also includes the installation thereof.
SPS 305.003 Note
2. The construction, connection, installation, service, or repair of any drain or wastewater piping system that connects to the mains or other terminal within the bounds of, or beneath an area subject to easement for highway purposes, including private sewage systems and stormwater treatment and dispersal systems, and the alteration of any such systems, drains or wastewater piping.
SPS 305.003 Note
3. The construction, connection, installation, service, or repair of water service piping that connects to the main or other water utility service terminal within the bounds of, or beneath an area subject to easement for highway purposes and its connections.
SPS 305.003 Note
4. The water pressure system other than municipal systems as provided in ch.
281.
SPS 305.003 Note
5. A plumbing and drainage system so designed and vent piping so installed as to keep the air within the system in free circulation and movement; to prevent with a margin of safety unequal air pressures of such force as might blow, siphon or affect trap seals, or retard the discharge from plumbing fixtures, or permit sewer air to escape into the building; to prohibit cross-connection, contamination or pollution of the water supply and distribution systems; and to provide an adequate supply of water to properly serve, cleanse and operate all fixtures, equipment, appurtenances and appliances served by the plumbing system.
SPS 305.003 Note
(br) “Plumbing" does not include any of the following:
SPS 305.003 Note
1. A rainwater gutter or downspout down to the point that it discharges into a plumbing system, a subsoil drain, or a foundation drain.
SPS 305.003 Note
2g. A process water reuse system if the process water reuse system is not connected to any plumbing fixture or appliance.
