101.9219
101.9219
Withholding certificate of title; bond. 101.9219(1)
(1) The department may not issue a certificate of title until the outstanding evidence of ownership is surrendered to the department.
101.9219(2)
(2) If the department is not satisfied as to the ownership of the manufactured home or that there are no undisclosed security interests in it, the department, subject to
sub. (3), shall either:
101.9219(2)(a)
(a) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the manufactured home and that there are no undisclosed security interests in it; or
101.9219(3)
(3) Notwithstanding
sub. (2), the department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:
101.9219(3)(a)
(a) The applicant is a manufactured home dealer licensed under
s. 101.951 and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under
s. 138.09 or
218.01 [
ss. 218.0101 to
218.0163], a bank organized under the laws of this state, or a national bank located in this state.
101.9219 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
101.9219(3)(b)
(b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the manufactured home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the manufactured home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title for the manufactured home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the manufactured home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the manufactured home, or if the currently valid certificate of title for the manufactured home is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
101.9219 History
History: 1999 a. 9,
53,
185.
101.922
101.922
Suspension or revocation of certificate. 101.922(1)(1) The department shall suspend or revoke a certificate of title if it finds any of the following:
101.922(1)(a)
(a) That the certificate of title was fraudulently procured, erroneously issued or prohibited by law.
101.922(1)(b)
(b) That the manufactured home has been scrapped, dismantled or destroyed.
101.922(1)(c)
(c) That a transfer of title is set aside by a court of record by order or judgment.
101.922(2)
(2) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
101.922(3)
(3) When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.
101.922(4)
(4) The department may seize and impound any certificate of title that has been suspended or revoked.
101.922 History
History: 1999 a. 9,
53,
185.
101.9221
101.9221
Grounds for refusing issuance of certificate of title. The department shall refuse issuance of a certificate of title if any required fee has not been paid or for any of the following reasons:
101.9221(1)
(1) The department has reasonable grounds to believe that:
101.9221(1)(a)
(a) The person alleged to be the owner of the manufactured home is not the owner.
101.9221(1)(b)
(b) The application contains a false or fraudulent statement.
101.9221(2)
(2) The applicant has failed to furnish any of the following:
101.9221(2)(b)
(b) Any other information or documents required by law or by the department pursuant to authority of law.
101.9221(3)
(3) The applicant is a manufactured home dealer and is prohibited from applying for a certificate of title under
s. 101.921 (1) (a) or
(b).
101.9221(4)
(4) Except as provided in
ss. 101.9203 (3) and
101.921 (1) (a) for a certificate of title and registration for a manufactured home owned by a nonresident, the applicant is a nonresident and the issuance of a certificate of title has not otherwise been authorized by rule of the department.
101.9221 History
History: 1999 a. 9,
53.
101.9222
101.9222
Previously certificated manufactured homes. 101.9222(1)(1) In this section, "previously certificated manufactured home" means a manufactured home for which a certificate of title has been issued by the department of transportation prior to July 1, 2000.
101.9222(2)
(2) Sections 101.9213 to
101.9218 do not apply to a previously certificated manufactured home until one of the following occurs:
101.9222(2)(a)
(a) There is a transfer of ownership of the manufactured home.
101.9222(2)(b)
(b) The department issues a certificate of title for the manufactured home under this chapter.
101.9222(3)
(3) If the department is not satisfied that there are no undisclosed security interests, created before July 1, 2000, in a previously certificated manufactured home, the department shall, unless the applicant fulfills the requirements of
s. 101.9219 (3), issue a distinctive certificate of title for the manufactured home containing the legend "This manufactured home may be subject to an undisclosed security interest" and any other information that the department prescribes.
101.9222(4)
(4) After July 1, 2000, a security interest in a previously certificated vehicle may be created and perfected only by compliance with
ss. 101.9213 and
101.9218.
101.9222(5)(a)(a) If a security interest in a previously certificated manufactured home is perfected under any other applicable law of this state on July 1, 2000, the security interest continues perfected:
101.9222(5)(a)1.
1. Until its perfection lapses under the law under which it was perfected, or until its perfection would lapse in the absence of a further filing or renewal of filing, whichever occurs sooner.
101.9222(5)(a)2.
2. If, before the security interest lapses as described in
subd. 1., there is delivered to the department the existing certificate of title together with the application and fee required by
s. 101.9214 (1). In such case the department shall issue a new certificate pursuant to
s. 101.9214 (3).
101.9222(5)(b)
(b) If a security interest in a previously certificated manufactured home was created, but was unperfected, under any other applicable law of this state on July 1, 2000, it may be perfected under
par. (a), but such perfection dates only from the date of the department's receipt of the certificate.
101.9222 History
History: 1999 a. 9,
53,
185.
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. 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.
101.93(3)
(3) The department shall review plans and specifications for approval of plumbing systems in manufactured homes.
101.935
101.935
Manufactured home park regulation. 101.935(1)
(1) The department shall license and regulate manufactured home parks. The department may investigate manufactured home parks and, with notice, may enter and inspect private property.
101.935(2)(a)(a) The department or a village, city or county granted agent status under
par. (e) shall issue permits to and regulate manufactured home parks. No person, state or local government who has not been issued a permit under this subsection may conduct, maintain, manage or operate a manufactured home park.
101.935(2)(b)
(b) The department may, after a hearing under
ch. 227, refuse to issue a permit or suspend or revoke a permit for violation of this section or any regulation or order that the department issues to implement this section.
101.935(2)(c)1.1. Permits issued under this subsection are valid for a 2-year period that begins on July 1 of each even-numbered year and that expires on June 30 of the next even-numbered year. If a person applies for a permit after the beginning of a permit period, the permit is valid until the end of the permit period.
101.935(2)(c)2.
2. The department shall establish by rule the permit fee and renewal fee for a permit issued under this subsection. An additional penalty fee, as established by the department by rule, is required for each permit if the biennial renewal fee is not paid before the permit expires.
101.935(2)(d)
(d) A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees to the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the manufactured home park in question is considered to be operation without a permit.
101.935(2)(e)
(e) Section 254.69 (2), as it applies to an agent for the department of health and family services in the administration of
s. 254.47, applies to an agent for the department of commerce in the administration of this section.
101.935(2m)(a)(a) The department shall inspect a manufactured home park in the following situations:
101.935(2m)(a)1.
1. Upon completion of the construction of a manufactured home park.
101.935(2m)(a)2.
2. Whenever a manufactured home park is modified, as defined by the department by rule.
101.935(2m)(a)3.
3. Whenever the department receives a complaint about a manufactured home park
101.935(2m)(b)
(b) The department may, with notice, inspect a manufactured home park whenever the department determines an inspection is appropriate.
101.935(3)
(3) The department may promulgate rules and issue orders to administer and enforce this section.
101.935 History
History: 1991 a. 39;
1993 a. 16,
27,
491;
1995 a. 27 s.
9126 (19);
1999 a. 9 ss.
64g to
64r; Stats. 1999 s. 101.935;
1999 a. 53.
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 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, 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 meets the requirements of this subchapter or the applicable laws of the state with which a reciprocal agreement has been executed. No manufactured 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 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 industry.
101.94(4)(b)
(b) Professionally competent to determine that a manufactured home is in compliance with the requirements and standards of this section by having sufficient expertise to do all of the following:
101.94(4)(b)3.
3. Evaluate manufactured 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 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(7)
(7) The department shall hear and decide petitions brought under this subchapter in the manner provided under
s. 101.02 (6) (e) to
(i) and
(8) for petitions concerning property.
101.94(8)(a)(a) Except as provided in
par. (c), a person who violates this subchapter, a rule promulgated under this subchapter or an 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 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 for not more than 2 years or both.
101.94(8)(c)
(c) A person who violates
s. 101.935, a rule promulgated under
s. 101.935 or an order issued under
s. 101.935 may be required to forfeit not less than $10 nor more than $250 for each violation. Each day of continued violation constitutes a separate violation.
