SB688: Bill Text

SB688,30,23 101.73 (11) Hear petitions regarding the manufactured building modular home code, rules and special orders in accordance with s. 101.02 (6) (e) to (i) and (8).

SB688, s. 79 Section 79. 101.74 (4) of the statutes is amended to read:

SB688,31,3 101.74 (4) Provide for or engage in the testing, approval and certification of materials, devices and methods for the manufacture or installation of manufactured buildings modular homes.

SB688, s. 80 Section 80. 101.74 (6) of the statutes is amended to read:

SB688,31,7 101.74 (6) Adopt rules prescribing procedures for approving new building materials, devices and methods for the manufacture or installation of manufactured buildings modular homes for dwellings.

SB688, s. 81 Section 81. 101.74 (7) of the statutes is amended to read:

SB688,31,12 101.74 (7) Enter into reciprocal agreements with other states regarding the design, construction, inspection and labeling of manufactured buildings modular homes where the laws or rules of other states meet the intent of the manufactured building code and the rules promulgated under this subchapter.

SB688, s. 82 Section 82. 101.745 (4) of the statutes is amended to read:

SB688,31,16 101.745 (4) Requirement. The manufacturer of a manufactured building modular home shall install a functional smoke detector on each floor level except the attic or storage area of each dwelling unit.

SB688, s. 83 Section 83. 101.75 (1) of the statutes is amended to read:

SB688,31,24 101.75 (1) Inspections and compliance. Manufacturers of manufactured buildings modular homes 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.

SB688, s. 84 Section 84. 101.75 (2) of the statutes is amended to read:

SB688,32,8 101.75 (2) Display of insignia required. All manufactured buildings modular homes 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 modular homes 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.

SB688, s. 85 Section 85. 101.75 (3) of the statutes is amended to read:

SB688,32,12 101.75 (3) Department approval of alterations. No person shall alter an approved manufactured building modular home in any way prior to or during installation without the approval of the department.

SB688, s. 86 Section 86. 101.76 (1) (a) of the statutes is amended to read:

SB688,32,19 101.76 (1) (a) With the approval of the department, exercise jurisdiction over the installation of manufactured buildings modular homes 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.

SB688, s. 87 Section 87. 101.761 (3) of the statutes is amended to read:

SB688,33,4 101.761 (3) The department or a county may not enforce this subchapter or an ordinance adopted under s. 101.76 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular manufactured building modular home or by the municipality. A request by a person or a municipality with respect to a particular manufactured building modular home does not give the department or a county authority with respect to any other manufactured building modular home. Costs shall be collected under s. 101.76 (1) (c) or ss. 101.73 (12) and 101.76 (2) from the person or municipality making the request.

SB688, s. 88 Section 88. 101.761 (5) of the statutes is amended to read:

SB688,33,8 101.761 (5) This section does not affect the applicability of or ordinances adopted under this subchapter to manufacturers, builders and owners of manufactured buildings modular homes located in a municipality.

SB688, s. 89 Section 89. 101.935 (1) of the statutes is amended to read:

SB688,33,12 101.935 (1) The department shall license and regulate manufactured home parks communities. The department may investigate manufactured home parks communities and, with notice, may enter and inspect private property.

SB688, s. 90 Section 90. 101.937 (2m) of the statutes is created to read:

SB688,33,19 101.937 (2m) Metered service. If a public utility provides metered water service to a manufactured home community as a whole via a single master meter, the public utility may not charge a fee for water lost in distribution between the master meter and the unit meters, except to the extent that the loss, on a percentage basis, exceeds the public utility's system loss, as reflected in the records the public utility is required to keep under the rules of the public service commission.

SB688, s. 91 Section 91. 101.971 (2) of the statutes is amended to read:

SB688,34,2 101.971 (2) "Multifamily dwelling" means an apartment building, rowhouse, town house, condominium or manufactured building 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.

SB688, s. 92 Section 92. 106.50 (1m) (L) of the statutes is amended to read:

SB688,34,11 106.50 (1m) (L) "Housing" means any improved property, or any portion thereof, including a mobile home as defined in s. 66.0435 (1) (d) 101.91 (10), manufactured home, as defined in s. 101.91 (2), or condominium, that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence. "Housing" includes any vacant land that is offered for sale or rent for the construction or location thereon of any building, structure or portion thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence.

SB688, s. 93 Section 93. 138.052 (1) (b) of the statutes is amended to read:

SB688,34,17 138.052 (1) (b) "Loan" means a loan secured by a first lien real estate mortgage on, or an equivalent security interest in, a one- one-family to 4-family dwelling which the borrower uses as his or her principal place of residence and which is made, refinanced, renewed, extended or modified on or after November 1, 1981, but does not include a mobile manufactured home transaction as defined in s. 138.056 (1) (c).

SB688, s. 94 Section 94. 138.056 (1) (b) of the statutes is amended to read:

SB688,34,20 138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile home or manufactured home.

SB688, s. 95 Section 95. 138.056 (1) (bd) of the statutes is created to read:

SB688,34,22 138.056 (1) (bd) "Manufactured home" has the meaning given in s. 101.91 (2).

SB688, s. 96 Section 96. 138.056 (1) (bm) of the statutes is amended to read:

SB688,35,5 138.056 (1) (bm) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. "Mobile home" includes the mobile home structure, including the plumbing, heating and electrical systems and all appliances and all other equipment carrying a manufacturer's warranty has the meaning given in s. 101.91 (10).

SB688, s. 97 Section 97. 138.056 (1) (c) of the statutes is amended to read:

SB688,35,10 138.056 (1) (c) "Mobile Manufactured home transaction" means a consumer credit sale, as defined in s. 421.301 (9), of or a consumer loan, as defined in s. 421.301 (12), secured by a first lien or equivalent security interest in a mobile home or manufactured home.

SB688, s. 98 Section 98. 138.056 (1) (d) of the statutes is amended to read:

SB688,35,14 138.056 (1) (d) "Variable rate loan" means a mobile manufactured home transaction or a loan as defined in s. 138.052 (1) (b), the terms of which permits the interest rate to be increased or decreased.

SB688, s. 99 Section 99. 138.056 (3m) 4. of the statutes, as affected by 2005 Wisconsin Act 128, is amended to read:

SB688,35,18 138.056 (3m) 4. The prepayment is not made in connection with the sale of a dwelling or mobile manufactured home securing the loan.

SB688, s. 100 Section 100. 138.09 (7) (jm) 1. b. of the statutes is amended to read:

SB688,35,23 138.09 (7) (jm) 1. b. The loan administration fee is charged for a consumer loan that is secured primarily by an interest in real property or, in a mobile home, as defined in s. 138.056 (1) (bm) 101.91 (10), or in a manufactured home, as defined in s. 101.91 (2).

SB688, s. 101 Section 101. 214.485 (10) of the statutes is amended to read:

SB688,35,25 214.485 (10) For the purpose of mobile home or manufactured home financing.

SB688, s. 102 Section 102. 215.205 (1) of the statutes is amended to read:

SB688,36,3 215.205 (1) Loans or obligations, or interests therein, for the purpose of mobile home or manufactured home financing.

SB688, s. 103 Section 103. 218.10 (8m) of the statutes is amended to read:

SB688,36,7 218.10 (8m) "Recreational vehicle" means a mobile home, as defined in s. 340.01 (29), that does not exceed the statutory size under s. 348.07 (2) has the meaning given in s. 340.01 (48r).

SB688, s. 104 Section 104. 234.622 (7) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 327), is amended to read:

SB688,36,19 234.622 (7) "Qualifying dwelling unit" means a dwelling unit, not including a mobile home as defined in s. 66.0435 101.91 (10), located in this state, habitable as a permanent residence and to which property taxes or special assessments are, or may conveniently be, allocated and up to one acre of land appertaining to it held in the same ownership as the dwelling unit. For purposes of ss. 234.621 to 234.626, "qualifying dwelling unit" includes a unit in a condominium or in a cooperative or an unincorporated cooperative association or in a multi-unit multiunit dwelling with 4 or fewer units, but in all of these 3 cases only the portion of taxes or special assessments allocable to the unit lived in by the participant may qualify for loans under ss. 234.621 to 234.626.

SB688, s. 105 Section 105. 340.01 (18m) of the statutes is amended to read:

SB688,36,24 340.01 (18m) "Fifth-wheel mobile home recreational vehicle" means a mobile home as defined in sub. (29) which recreational vehicle that is towed by a vehicle with a flatbed frame so the trailer hitch of the mobile home recreational vehicle is bolted to the flatbed frame of the towing vehicle.

SB688, s. 106 Section 106. 340.01 (27k) of the statutes is created to read:

SB688,37,1 340.01 (27k) "Modular home" has the meaning given in s. 101.71 (6).

SB688, s. 107 Section 107. 340.01 (27m) of the statutes is created to read:

SB688,37,3 340.01 (27m) "Manufactured home" has the meaning given in s. 101.91 (2).

SB688, s. 108 Section 108. 340.01 (29) of the statutes is amended to read:

SB688,37,8 340.01 (29) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction has the meaning given in s. 101.91 (10).

SB688, s. 109 Section 109. 340.01 (48r) of the statutes is amended to read:

SB688,37,14 340.01 (48r) "Recreational vehicle" means a mobile home that does not exceed the statutory size under s. 348.07 (2) vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, that has walls of rigid, uncollapsible construction, and that does not exceed 45 feet in length.

SB688, s. 110 Section 110. 341.05 (26) (a) of the statutes is renumbered 341.05 (26).

SB688, s. 111 Section 111. 341.05 (26) (b) of the statutes is repealed.

SB688, s. 112 Section 112. 341.12 (1) of the statutes is amended to read:

SB688,37,24 341.12 (1) The department upon registering a vehicle pursuant to s. 341.25 or 341.30 shall issue and deliver prepaid to the applicant 2 registration plates for an automobile, motor truck, motor bus, school bus, self-propelled recreational vehicle motor home, or dual purpose motor home and one plate for other vehicles. The department upon registering a vehicle pursuant to any other section shall issue one plate unless the department determines that 2 plates will better serve the interests of law enforcement.

SB688, s. 113 Section 113. 343.055 (1) (d) of the statutes is amended to read:

SB688,38,9 343.055 (1) (d) Recreational vehicle operators. The operator of the commercial motor vehicle is a person operating a motor home, or a vehicle towing a 5th-wheel mobile home recreational vehicle or single-unit recreational vehicle and the vehicle or combination, including both units of a combination towing vehicle and the 5th-wheel mobile home recreational vehicle or recreational vehicle, is both operated and controlled by the person and is transporting only members of the person's family, guests or their personal property. This paragraph does not apply to any transportation for hire or the transportation of any property connected to a commercial activity. In this paragraph, "controlled" means leased or owned.

SB688, s. 114 Section 114. 346.94 (8) of the statutes is amended to read:

SB688,38,14 346.94 (8) Transporting persons in mobile homes, recreational vehicles, or boats. Except as provided in sub. (8m), no person may operate a motor vehicle towing any mobile home, recreational vehicle, or boat on a trailer upon a highway when any person is in such mobile home, recreational vehicle, or boat.

SB688, s. 115 Section 115. 346.94 (8m) of the statutes is amended to read:

SB688,38,21 346.94 (8m) Transporting persons in fifth-wheel mobile homes recreational vehicles. (a) No person may operate a motor vehicle towing a fifth-wheel mobile home recreational vehicle upon a highway when any person under the age of 12 years is in the fifth-wheel mobile home recreational vehicle unless one person 16 years of age or older is also in the fifth-wheel mobile home recreational vehicle.

SB688,39,2 (b) No person may operate a motor vehicle towing a fifth-wheel mobile home recreational vehicle upon a highway with any person in such mobile home recreational vehicle unless the fifth-wheel mobile home recreational vehicle is equipped with a two-way communications system in proper working order and capable of providing voice communications between the operator of the towing vehicle and any occupant of the fifth-wheel mobile home recreational vehicle.

SB688, s. 116 Section 116. 347.15 (2) of the statutes is amended to read:

SB688,39,18 347.15 (2) Except as provided in sub. (1), there shall be at least 2 direction signal lamps showing to the front on motor vehicles and at least 2 showing to the rear on motor vehicles, mobile homes, recreational vehicles, trailers and semitrailers, so as to indicate intention to turn right or left. Lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and lamps showing to the rear shall be located on the same level and as widely spaced laterally as practicable. Such lamps shall project a flashing white or amber light visible to the front and a flashing red or amber light visible to the rear. Direction signal lamps when in use shall be plainly visible and understandable from all distances to 300 feet during normal sunlight. No direction signal lamp shall have any type of decorative covering that restricts the amount of light emitted when the direction signal lamp is in use. When actuated, such lamps shall indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made. This subsection does not apply to any type of decorative covering originally equipped on the vehicle at the time of manufacture and sale.

SB688, s. 117 Section 117. 347.35 (4) of the statutes is amended to read:

SB688,40,2 347.35 (4) Mobile homes and recreational vehicles. No person shall manufacture and no person shall sell a mobile home or recreational vehicle in this state unless such mobile home or recreational vehicle is equipped with brakes adequate to control the movement of and to stop and hold it. No person shall operate on a highway any mobile home registered as a 1940 or later year model or recreational vehicle unless such mobile home or recreational vehicle is equipped with brakes adequate to control the movement of and to stop and hold it.

SB688, s. 118 Section 118. 347.45 (1) of the statutes is amended to read:

SB688,40,13 347.45 (1) All automobiles, motor trucks, motor buses, truck tractors, trailers, semitrailers, recreational vehicles, and mobile homes when operated upon a highway shall be completely equipped with tires inflated with compressed air and all other motor vehicles when operated on a highway shall be equipped with tires of rubber or of some material or construction of equal resiliency. No person may operate on a highway any motor vehicle, trailer, semitrailer, recreational vehicle, or mobile home having any metal tire in contact with the roadway, except that tire chains of reasonable proportions may be used when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid, and except as provided in sub. (2) (c).

SB688, s. 119 Section 119. 347.47 (2) of the statutes is amended to read:

SB688,41,4 347.47 (2) No person shall operate a motor vehicle drawing a trailer, semitrailer, recreational vehicle, or mobile home upon a highway unless the hitch and coupling attaching the trailer, semitrailer, recreational vehicle, or mobile home to the vehicle by which it is drawn is of such construction as to cause such trailer, semitrailer, recreational vehicle, or mobile home to follow in direct line with the propelling vehicle without dangerous side swing or wobble. The hitch and coupling, the surface to which they are attached, and the connections, shall be of sufficient strength to prevent failure under all conditions of operation. The hitch is that part of the connecting mechanism, including the coupling platform and its attaching members or weldments, which is attached to the towing vehicle. The coupling is that part of the connecting mechanism, including the coupling and its attaching members or weldments, which is attached to the trailer, recreational vehicle, or mobile home and by which connection is made to the hitch. If a device is used between the trailer proper and the coupling such as a pole, such device shall also meet the requirements of this section.

SB688, s. 120 Section 120. 347.47 (4) of the statutes is amended to read:

SB688,41,8 347.47 (4) Trailer, semitrailer, recreational vehicle, and mobile home couplings and the safety chains, leveling bars or cables shall be of such minimum strength, design and type as established by published rule of the department.

SB688, s. 121 Section 121. 348.06 (1) of the statutes, as affected by 2005 Wisconsin Act 11, is amended to read:

SB688,41,13 348.06 (1) Except as provided in subs. (2) and (2m), no person, without a permit therefor, may operate on a highway any motor vehicle, mobile home, recreational vehicle, trailer, or semitrailer having an overall height in excess of 13 1/2 feet.

SB688, s. 122 Section 122. 348.07 (2) (c) of the statutes is amended to read:

SB688,41,16 348.07 (2) (c) Forty five feet for mobile homes recreational vehicles, motor homes, and motor buses.

SB688, s. 123 Section 123. 348.07 (3) (a) of the statutes is amended to read: