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.
MULTIFAMILY DWELLING CODE
101.971
101.971
Definitions. In this subchapter:
101.971(2)
(2) "Multifamily dwelling" means an apartment building, rowhouse, town house, condominium or manufactured building, 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.
101.971(3)
(3) "Owner" means a person having a legal or equitable interest in a multifamily dwelling.
101.971(4)
(4) "Political subdivision" means a county, city, village or town.
101.971 History
History: 1991 a. 269.
101.972
101.972
Multifamily dwelling code council duties. The multifamily dwelling code council shall review the rules for multifamily dwelling construction and recommend a uniform multifamily dwelling code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall identify, consider and make recommendations to the department regarding variances in the rules for different climate and soil conditions and the variable conditions created by building and population densities.
101.972 History
History: 1991 a. 269.
101.973
101.973
Department duties. The department shall:
101.973(1)
(1) Promulgate rules that establish standards for the construction of multifamily dwellings and their components.
101.973(2)
(2) Biennially review the rules promulgated under this subchapter.
101.973(3)
(3) Issue any special order that it considers necessary to secure compliance with this subchapter.
101.973(4)
(4) Prescribe and furnish to political subdivisions a standard building permit format for all multifamily dwellings subject to this subchapter.
101.973(5)
(5) Collect and publish the data secured from the building permits.
101.973(7)
(7) Establish by rule a schedule of fees sufficient to defray the costs incurred by the department under this subchapter.
101.973(9)
(9) Incorporate by reference in the rules promulgated under this subchapter all rules promulgated under
subch. I that apply to multifamily dwellings.
101.973(10)
(10) Establish a program of quality control training for all inspectors who inspect multifamily dwellings for compliance with this subchapter.
101.973(11)
(11) Contract with the legislative audit bureau to make periodic performance audits of any division of the department that is responsible for inspections of multifamily dwellings.
101.973 History
History: 1991 a. 269;
1995 a. 27.
101.974
101.974
Department powers. The department may:
101.974(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 such hearings.
101.974(2)
(2) Promulgate the rules under this subchapter after consultation with the multifamily dwelling code council.
101.974(3)
(3) Provide for or engage in the testing, approval and certification of materials, methods and equipment of construction.
101.974(4)
(4) Promulgate rules prescribing procedures for approving new building materials, methods and equipment.
101.974(5)
(5) Study the administration of the rules promulgated under this subchapter and other laws related to the construction of multifamily dwelling units to determine their impact on the cost of building construction and their effectiveness in ensuring the health, safety and welfare of the occupants.
101.974 History
History: 1991 a. 269.
101.975
101.975
Local government authority. 101.975(1)
(1) A political subdivision may regulate the construction and installation of windows and doors in multifamily dwellings if the regulation is related to preventing illegal entry.
101.975(2)
(2) A political subdivision shall use the standard building permit format prescribed and furnished by the department under
s. 101.973 (4) and file a copy of each permit issued with the department.
