Subchapter III — Examinations
SPS 131.21 Examination requirements.
SPS 131.22 Examination grade.
SPS 131.23 Examination review.
SPS 131.24 Reexamination.
Subchapter IV — Standards of Practice
SPS 131.31 General requirements.
SPS 131.32 Mechanical and structural components included in a home inspection.
SPS 131.33 Contents of a home inspection report.
Subchapter V — Education Requirements
SPS 131.40 Education requirement for initial registration.
SPS 131.405 Standards for approval of pre-registration education.
SPS 131.41 Continuing education requirements for registration renewal.
SPS 131.42 Standards for continuing education training programs.
SPS 131.43 Certificate of completion, proof of attendance.
SPS 131.44 Recordkeeping.
SPS 131.45 Waiver of continuing education requirements.
Ch. SPS 131 Note
Note: Chapter RL 131 was created as an emergency rule effective 11-1-98. Chapter RL 131 was renumbered chapter SPS 131 under s. 13.92 (4) (b) 1., Stats.,
Register November 2011 No. 671.
SPS 131.01 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; correction made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
SPS 131.02(1)
(1) “Automatic safety controls" means devices designed and installed to protect systems and components from excessively high or low pressure and temperatures, excessive electrical current, loss of water, loss of ignition, fuel leaks, fire, freezing, or other similar unsafe conditions.
SPS 131.02(2)
(2) “Central air conditioning" means a system which uses ducts to distribute cooling or dehumidified air to more than one room or uses pipes to distribute chilled water to heat exchangers in more than one room, and which is not plugged into an electrical convenience outlet.
SPS 131.02(3)
(3) “Client" means a person who contracts with a home inspector for the purpose of a home inspection.
SPS 131.02(4)
(4) “Component" means a readily accessible and observable element of a system, such as a floor or wall.
SPS 131.02(4e)
(4e) “Continuing education" means the planned, professional development activities designed to contribute to the advancement, extension, and enhancement of the professional skills or knowledge of a registered home inspector.
SPS 131.02(4m)
(4m) “Continuing education credit hour" means a unit of credit for a continuing education training program, where one continuing education credit hour equals 50 minutes of actual instruction in a continuing education training program.
SPS 131.02(4s)
(4s) “Continuing education training program" means any course, program or activity meeting the requirements of s.
SPS 131.42 and having a clear purpose and objective of maintaining, improving, or expanding the skills and knowledge relevant to the registrant's professional practice.
SPS 131.02(5)
(5) “Cosmetic" means not required for the proper operation of the essential systems and components of a home.
SPS 131.02(6)
(6) “Cross connection" means any physical connection or arrangement between potable water and any source of contamination.
SPS 131.02(7)
(7) “Department" means the department of safety and professional services.
SPS 131.02(8)
(8) “Describe" means to identify in writing a system or component by type or characteristics.
SPS 131.02(9)
(9) “Dismantle" means to take apart or remove any component, device, or piece of equipment that is bolted, screwed, or otherwise fastened and which would not be taken apart or removed in the ordinary course of household maintenance.
SPS 131.02(10)
(10) “Dwelling unit" means a structure or that part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons who are maintaining a common household, to the exclusion of all others.
SPS 131.02(11)
(11) “Functional drainage" means the emptying of a drain in a reasonable amount of time with no sign of overflow when another fixture is drained simultaneously.
SPS 131.02(12)
(12) “Home inspection" means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible.
SPS 131.02(13)
(13) “Home inspection report" means a written opinion of a home inspector concerning all of the following:
SPS 131.02(13)(a)
(a) The condition of the improvements to residential real property that contains not more than 4 dwelling units.
SPS 131.02(13)(b)
(b) The condition of mechanical and structural components of the improvements specified in par.
(a).
SPS 131.02(14)
(14) “Home inspector" means an individual who, for compensation, conducts a home inspection.
SPS 131.02(15)
(15) “Household appliances" means washers, dryers, refrigerators, freezers, stoves, ovens, room air conditioners and other similar equipment.
SPS 131.02(16)
(16) “Inspect" means to examine observable systems and components.
SPS 131.02(17)
(17) “Material adverse fact" means a condition or occurrence that is generally recognized by a competent home inspector as doing any of the following:
SPS 131.02(17)(a)
(a) Significantly reducing the functionality or structural integrity of components or systems of the improvements to the property being inspected.
SPS 131.02(17)(b)
(b) Posing a significant health or safety risk to occupants of the improvements.
SPS 131.02(18)
(18) “Normal operating controls" means homeowner operated devices including, but not limited to, thermostats and wall or safety switches.
SPS 131.02(19)
(19) “On-site water supply quality" means the condition of water, based on the existence of bacteria, chemicals, minerals, solids, or other similar elements in the water.
SPS 131.02(20)
(20) “On-site water supply quantity" means the rate of water flow from a well or a municipal water source.
SPS 131.02(21)
(21) “Operate" means to cause a piece of equipment or a system to function.
SPS 131.02(22)
(22) “Permanently installed" means attached or connected to an item in a manner which requires tools to remove.
SPS 131.02(23)
(23) “Primary" means an item such as a window or door designed to remain in the same place year-round.
SPS 131.02(24)
(24) “Reasonably competent and diligent home inspection" means an inspection that complies with the standards established under subch.
XI of ch. 440, Stats., and ch.
SPS 131.
SPS 131.02(25)
(25) “Recreational facilities" means spas, saunas, steam baths, swimming pools, tennis courts, playground equipment, and other exercise, entertainment, or athletic facilities.
SPS 131.02(25m)
(25m) “Registrant" means a person who holds a home inspector registration issued by the department or who has the right to renew a home inspector registration issued by the department.
SPS 131.02(26)
(26) “Roof drainage systems" means gutters, downspouts, leaders, splashblocks, and similar components used to carry water off a roof and away from a building.
SPS 131.02(27)
(27) “Safety glazing" means tempered or laminated glass, or rigid plastic.
SPS 131.02(28)
(28) “Solid fuel heating device" means any wood, coal, or other similar solid organic fuel burning device including, but not limited to, fireplaces, fireplace inserts and stoves, wood stoves, and central furnaces, or any combination of those devices.
SPS 131.02(29)
(29) “Structural component" means a component which supports a load bearing member.
SPS 131.02(30)
(30) “System" means a combination of interacting or interdependent components, assembled to carry out one or more functions.
SPS 131.02(31)
(31) “Technically exhaustive" means the extensive use of measurements, instruments, testing, calculations, and other means to develop scientific or engineering findings, conclusions or recommendations.
SPS 131.02 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; correction in (intro.), (7), (24) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register November 2011 No. 671;
CR 14-010: cr. (4e), (4m), (4s), (25m)
Register August 2014 No. 704, eff. 9-1-14; corrections in (intro.), (24) made under s.
13.92 (4) (b) 7., Stats.,
Register August 2014 No. 704;
EmR1822: emerg. cr. (6m) eff. 9-23-18;
CR 18-076: cr. (6m)
Register May 2019 No. 761, eff. 6-1-19; correction in (24) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2023 No. 805.
SPS 131.03
SPS 131.03 Applicability. As used in s.
440.9712, Stats., the terms “act as a home inspector" and “provide home inspection services" do not include individuals or business entities who inspect the energy-related components of a dwelling unit in order to assess or rate a home's energy performance, provided that the inspection is performed solely for this purpose and the individual or business entity is not described as a home inspector or does not convey the impression of being a home inspector.
SPS 131.03 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99.
SPS 131.11
SPS 131.11 Application for home inspector registration. An applicant for registration as a home inspector shall submit all of the following:
SPS 131.11 Note
Note: Application forms are available on the department's website at
https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
SPS 131.11(4)
(4)
Subject to ss.
111.321,
111.322, and
111.335, Stats., evidence necessary for the department to determine that the applicant is not the subject of a pending criminal charge, nor has been convicted of an offense, the circumstances of which substantially relate to the practice of home inspection.
SPS 131.11(5)
(5) Evidence satisfactory to the department that the applicant has completed at least 40 hours of pre-registration instruction approved by the department under s.
440.974 (1) (ag), Stats.
SPS 131.11 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
CR 14-010: renum. 132.11 from SPS 132.03 and am. (3)
Register August 2014 No. 704, eff. 9-1-14;
EmR2202: emerg. am. (title), (intro.), r. and recr. (4), cr. (5), eff. 1-15-22; CR: 22-004: am. (title), (intro.), r. and recr. (4), cr. (5) Register June 2023 No. 810, eff. 7-1-23. SPS 131.113(1)(1)
An applicant registered or licensed in good standing in another state may apply for home inspector registration by submitting the following materials:
SPS 131.113(1)(d)
(d) Evidence that the individual is registered or licensed in good standing as a home inspector in another state.
SPS 131.113(1)(e)
(e) Subject to ss.
111.321,
111.322, and
111.335, Stats., documentation necessary for the department to determine that the applicant is not the subject of a pending criminal charge, nor has been convicted of an offense, the circumstances of which substantially relate to the practice of home inspection.
SPS 131.113(2)
(2) The department shall issue a reciprocal home inspector registration if both of the following are true:
SPS 131.113(2)(a)
(a) The department determines that the applicant satisfies the requirements in sub.
(1).
SPS 131.113(2)(b)
(b) The department determines that the requirements for registration or licensure in the state where the applicant is currently registered or licensed meet or exceed the requirements in sub.
(1).
SPS 131.113 Note
Note: Application forms are available on the department's website at
https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
SPS 131.113 History
History: EmR2202: emerg. cr., eff. 1-15-22; CR 22-004: cr. Register June 2023 No. 810, eff. 7-1-23. SPS 131.115
SPS 131.115 Reciprocity for service members, former service members, and their spouses.
