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:
101.761(2)(b)
(b) Any rule adopted under
s. 101.73 regarding suspension or revocation of standard building permits.
101.761(3)
(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 or by the municipality. A request by a person or a municipality with respect to particular manufactured building does not give the department or a county authority with respect to any other manufactured building. 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.
101.761(4)
(4) Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department.
101.761(5)
(5) This section does not affect the applicability of or ordinances adopted under this subchapter to manufacturers, builders and owners of manufactured buildings located in a municipality.
101.761(6)
(6) Any dwelling not inspected under
s. 101.76 shall comply with the rules adopted under
s. 101.73 (1) which take into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.
101.761 History
History: 1981 c. 20,
314;
1989 a. 31.
101.77
101.77
Penalties. Whoever violates this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation and each day that such violation continues constitutes a separate offense.
101.77 History
History: 1975 c. 405.
INSPECTION OF ELECTRICAL CONSTRUCTION
AND CERTIFICATION OF MASTER
ELECTRICIANS, CONTRACTORS, JOURNEYMEN
AND BEGINNING ELECTRICIANS
101.80
101.80
Definitions. In this subchapter:
101.80(1)
(1) "Municipality" means city, town, village and county.
101.80(2)
(2) "Public buildings" and "places of employment" include all exterior wiring except wiring owned, leased, operated or maintained by a public utility including any electrical cooperative, in the exercise of its utility function.
101.82
101.82
Departmental duties. The department shall:
101.82(1)
(1) Adopt rules for the construction and inspection of electrical construction of public buildings and places of employment and for the inspection of electrical construction of places where farming, as defined in
s. 101.01 (11), is conducted. Where feasible, the standards used shall be those nationally recognized. No rule may be adopted which does not take into account the conservation of energy in construction and maintenance of buildings.
101.82(2)
(2) Adopt rules for the certification, including provisions for suspension and revocation thereof, of electrical inspectors for the purpose of inspecting the electrical wiring of public buildings and places of employment. Persons certified as inspectors may be employes of the department, a municipality or private inspection agency.
101.82(3)
(3) Contract to provide inspection services, at municipal expense, to any municipality which requests such service under
s. 101.86.
101.82(3m)
(3m) Provide inspection services in those municipalities which have not adopted and enforced ordinances providing for inspection of electrical construction under
s. 101.86 and defray the cost of this inspection through fees charged to the owner of the inspected building.
101.82(4)
(4) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.
101.84
101.84
Departmental powers. The department may:
101.84(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 the hearings.
101.84(2)
(2) At the request of the owner or tenant, enter, inspect and examine the exterior and interior wiring of a public building or place of employment necessary to ascertain compliance with the rules promulgated under this subchapter.
101.84 History
History: 1979 c. 309.
101.86
101.86
Municipal authority. 101.86(1)(a)
(a) Exercise jurisdiction over electrical construction and inspection of electrical construction in public buildings and places of employment by passage of ordinances, providing such ordinances meet the minimum requirements of the department's rules adopted under this subchapter. A county ordinance shall apply in any city, village or town which has not enacted such an ordinance.
101.86(1)(c)
(c) By ordinance, establish and collect fees to defray the cost of jurisdiction exercised under
par. (a) or
(b) or a contract under
sub. (2).
101.86(1)(d)
(d) By ordinance, provide remedies and penalties for violation of the jurisdiction exercised under
par. (a) or
(b).
101.86(2)
(2) A municipality may contract with the department for those inspection services which the municipality does not perform or contract for under
sub. (1) (a) or
(b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services under
s. 101.82 (4).
101.86(3)
(3) The cost of inspection services provided by any county which has enacted an ordinance under
sub. (1) or contracted under
sub. (2) if not defrayed by fees shall be charged to or taxed upon the property within those cities, villages and towns in the county which have not enacted a local construction and inspection ordinance under
sub. (1) or contracted under
sub. (2), and no part of the cost of inspection services may be charged to or taxed against the property within any city, village or town which has enacted such an ordinance or contracted under
sub. (2).
101.86 History
History: 1979 c. 309.
101.865
101.865
Regulation of electric wiring. 101.865(1)
(1) It is hereby made the duty of every contractor and other person who does any electric wiring in this state to comply with the Wisconsin state electrical code, and the company furnishing the electric current shall obtain proof of such compliance before furnishing such service; provided, that nothing therein contained shall be construed as prohibiting any municipality from making more stringent regulations than those contained in the Wisconsin state electrical code. Proof of such compliance shall consist of a certificate furnished by a municipal or other recognized inspection department or officer, or if there is no such inspection department or officer it shall consist of a written statement furnished by the contractor or other person doing the wiring, indicating that there has been such compliance.
101.865(2)
(2) Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months.
101.865 History
History: 1983 a. 164 s.
4; Stats. 1983 s. 101.865;
1989 a. 348.
101.87(1)(1) The department shall adopt rules establishing a uniform examination for the statewide certification of master electricians and establishing certification requirements for electrical contractors, journeymen electricians and beginning electricians. The rules shall specify that only master electricians and persons who employ at least one master electrician may be certified as electrical contractors; that persons who successfully complete an apprenticeship program lasting for at least 4 years and approved by the U.S. department of labor and by the department or pass an inside journeyman wireman examination and who have installed electrical wiring for at least 48 months and have maintained and repaired electrical wiring for at least one month shall be certified as journeymen electricians; and that only persons who have some experience installing and repairing electrical wiring may be certified as beginning electricians. The rules shall provide for the periodic administration of the examination, shall specify the certification period and examination fee and shall establish criteria for the suspension of the certificate by the department for violations of a municipality's electrical code upon notification of such violations by the municipality. Applicants for certification as electrical contractors shall provide the department with their social security number, their worker's compensation number, their unemployment insurance account number, their state and federal tax identification numbers and the name and address of each partner or member if they are partnerships or limited liability companies, of the owner if they are individual proprietorships and of their officers if they are corporations.
101.87(2)
(2) Any municipality which by ordinance requires the licensure of electrical contractors shall issue a license to any electrical contractor who wishes to perform electrical construction work in the municipality upon the submission by the electrical contractor of evidence that at least one of his or her full-time employes has been certified by the state as a master electrician under
sub. (1), and upon the payment of the municipality's licensure fee and the posting of any required bond. The municipality's licensure fee may not exceed the amount required to cover the administrative costs of issuing the license.
101.87(3)
(3) If a municipality that requires the licensure of electrical contractors on March 28, 1984, thereafter ceases to require such licensure but requires state certification under
sub. (1), a person licensed by the municipality may continue to perform electrical construction work in that municipality upon application to the department for restricted certification limited to that municipality. The department may charge a fee for such certification.
101.87(4)
(4) No municipality may, before January 1, 1995, require the licensure of electrical contractors unless that municipality requires that licensure on May 11, 1990.
101.88
101.88
Compliance and penalties. 101.88(1)
(1) Every contractor, designer and owner shall use building materials, methods and equipment which are in conformance with the rules adopted by the department under this subchapter.
101.88(2)
(2) All inspections shall be made by persons certified by the department.
101.88(3)
(3) Except as provided under
s. 101.865 (2), whoever violates this subchapter or any rule promulgated under this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day of violation constitutes a separate offense.
101.88 History
History: 1979 c. 309;
1983 a. 164.
MANUFACTURED HOMES AND MOBILE HOMES;
REGULATION OF MANUFACTURERS
