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 violates the provisions of this section is guilty of a misdemeanor and shall be fined not less than $25 nor more than $100 or imprisoned in the county jail for not less than 30 days nor more than 6 months.
101.865 History
History: 1983 a. 164 s.
4; Stats. 1983 s. 101.865;
1989 a. 348;
1997 a. 253.
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
101.90
101.90
Purpose. The purpose of this law is to establish uniform construction standards, inspection procedures and licensing of manufacturers of manufactured homes and mobile homes and to promote interstate uniformity and the ability to enter into reciprocal agreements with other states and the federal government.
101.90 History
History: 1973 c. 116;
1983 a. 27 s.
2200 (25).
101.91(1)
(1) "Mobile home" means a vehicle manufactured or assembled before June 15, 1976, 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, which has an overall length in excess of 45 feet. "Mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.
101.91(2)
(2) "Manufactured home" means either of the following:
101.91(2)(a)
(a) A structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.
101.91(2)(b)
(b) A structure which meets all the requirements of
par. (a) except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under
42 USC 5401 to
5425.
101.91 Annotation
The definition of "manufactured home" under this section is inapplicable to determining whether a person is a mobile home dealer under s. 218.10. State v. Edlebeck, 196 W (2d) 744, 539 NW (2d) 469 (Ct. App. 1995).
101.92
101.92
Departmental powers and duties. The department:
101.92(1)
(1) Shall adopt, administer and enforce rules for the safe and sanitary design and construction of manufactured homes and mobile homes manufactured, distributed, sold or offered for sale in this state.
101.92(1m)
(1m) Shall promulgate rules prescribing minimum installation standards for pier installation of new manufactured homes. The rules shall be consistent with the standards for pier installation established by the American National Standards Institute and the manufactured housing industry trade organizations.
101.92(2)
(2) Shall license all manufacturers desiring to sell or distribute for sale manufactured homes or mobile homes in this state.
101.92(3)
(3) Shall review annually the rules adopted under
ss. 101.90 to
101.96, and may revise rules upon recommendation by the advisory committee appointed under
s. 101.96.
101.92(4)
(4) Shall provide for announced or unannounced inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes and mobile homes to ensure compliance with the rules adopted under
ss. 101.90 to
101.96.
101.92(5)
(5) Shall establish standards for certification of inspection and testing agencies which shall include standards for in-plant inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes and mobile homes and for issuance of or acceptance of a label of approval.
101.92(6)
(6) May enter into reciprocal agreements with other states regarding the design, construction, inspection and labeling of mobile homes where the laws or rules of other states meet the intent of
ss. 101.90 to
101.96 and where the laws or rules are actually enforced.
101.92(8)
(8) May revoke the license of any manufacturer who violates
ss. 101.90 to
101.96 or any rules promulgated thereunder.
101.925(2)
(2) Approval. A smoke detector required under this section shall be approved by underwriters laboratory.
101.925(3)
(3) Installation. A smoke detector required under this section shall be installed according to the directions and specifications of the manufacturer.
101.925(4)
(4) Requirement. The manufacturer of a manufactured home shall install a functional smoke detector in each manufactured home manufactured on or after May 23, 1978.
101.93
101.93
Departmental powers and duties. 101.93(1)
(1) The department shall adopt rules relating to plumbing in the design and construction of manufactured homes and mobile homes. The rules shall be consistent with
s. 101.94 (1) to
(3) and shall be reviewed annually.
101.93(2)
(2) The department shall establish qualification requirements for and shall certify persons to perform inspections of the plumbing systems in manufactured homes and mobile homes.
101.93(3)
(3) The department shall review plans and specifications for approval of plumbing systems in manufactured homes and mobile homes.
101.94
101.94
Manufactured home and mobile home manufacturers, distributors and dealers: design and construction of manufactured homes and mobile homes. 101.94(1)(1) Mobile homes manufactured, distributed, sold or offered for sale in this state shall conform to the code promulgated by the American national standards institute and identified as ANSI 119.1, including all revisions thereof in effect on August 28, 1973, and further revisions adopted by the department and the department of health and family services. The department may establish standards in addition to those required under ANSI 119.1. This subsection applies to units manufactured or assembled after January 1, 1974, and prior to June 15, 1976.
101.94(2)
(2) No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with
42 USC 5401 to
5425 and applicable regulations as in effect on June 15, 1976. The department may establish, by rule, standards for the safe and sanitary design and construction of manufactured homes for the purpose of enforcement of this subchapter, and those standards may include standards in addition to any standards established by the secretary of housing and urban development under
42 USC 5401 to
5425.
101.94(3)
(3) Each manufactured home or mobile home manufacturer shall submit to the department typical construction plans and specifications for review. The department shall, by its own inspectors whether inside or outside this state, perform sufficient inspections of manufacturing premises and manufactured units to ensure compliance with this section. The department may contract for inspection services, as provided in
sub. (4), for inspections outside this state. Each manufactured home or mobile home, upon final assembly, shall display a label which shall be prescribed by and be available only from the department, or similar agency of other states where units are manufactured, providing reciprocal agreements have been executed and are effective between this state and such other states indicating that the manufactured home or mobile home meets the requirements of
ss. 101.90 to
101.96 or the applicable laws of the state with which a reciprocal agreement has been executed. No manufactured home or mobile home which bears such label shall be required by any person to comply with any building, plumbing, heating or electrical code or any construction standards other than those promulgated under this section.
101.94(4)
(4) The department shall inspect manufactured homes and mobile homes manufactured in other states to be sold or intended to be sold in this state. For such out-of-state inspections, the department may contract for 3rd party inspection by an inspection agency which has been approved by the department. The department shall monitor inspections conducted by 3rd party inspection agencies to ensure the quality of those inspections. To obtain departmental approval, the inspection agency shall submit an application to the department accompanied by written materials evidencing that the agency is:
101.94(4)(a)
(a) Not under the jurisdiction or control of any manufacturer or supplier of the manufactured home or mobile home industry.
101.94(4)(b)
(b) Professionally competent to determine that a manufactured home or mobile home is in compliance with the requirements and standards of this section by having sufficient expertise to:
101.94(4)(b)2.
2. Review manufactured home or mobile home plans and specifications.
101.94(4)(b)3.
3. Evaluate manufactured home or mobile home manufacturer quality control procedures.
101.94(4)(b)4.
4. Submit detailed reports regarding all of its findings to the department.
101.94(5)
(5) No manufactured home or mobile home after once being approved to display the label prescribed shall be altered in any way by a manufacturer, factory branch, distributor, distributor branch, dealer or salesperson without first obtaining an approval from the department or its authorized agent.
101.94(6)
(6) Fees for review of plans, construction inspections, department labels and licensing of manufacturers shall be established by department rule under
s. 101.19.
101.94(8)(a)(a) A person who violates this subchapter or a rule or order issued under this subchapter shall forfeit not more than $1,000 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or mobile home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 for a related series of violations occurring within one year of the first violation.
101.94(8)(b)
(b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall be fined not more than $1,000 or imprisoned not more than one year or both.
Effective date note
NOTE: Par. (b) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall be fined not more than $1,000 or imprisoned for not more than 2 years or both.
101.95
101.95
Manufactured home and mobile home manufacturers regulated. The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes or mobile homes in this state.
101.96
101.96
Advisory committee. The department shall appoint an advisory committee of 11 members to review the rules and standards for manufactured homes and mobile homes and for pier installation of new manufactured homes and recommend changes. The committee shall be composed of 2 members representing the manufactured home or mobile home industry, 2 manufacturers of manufactured homes, 2 members representing pier installers, one member representing mobile home park licensees, 3 members representing the public interest and one member from the department. The committee shall submit an annual report to the department and to the department of health and family services. The annual report shall include recommended changes in this subchapter reflecting amendments to
42 USC 5401 to
5425 and rules and regulations issued under
42 USC 5401 to
5425. This section does not apply after June 30, 1999.
