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)(a) (a) If applicable, the power of attorney required under 15 USC 1988 or rules of the department.
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).
101.9222 History History: 1999 a. 9, 53, 185; 2001 a. 10.
101.925 101.925 Smoke detectors.
101.925(1)(1)Definition. The definition of smoke detector under s. 101.145 (1) (c) also applies to this section.
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.
101.925 History History: 1977 c. 388; 1983 a. 27 s. 2200 (25); 1983 a. 189 s. 329 (4); 1987 a. 376.
101.93 101.93 Plumbing in manufactured homes.
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) (2)
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. Beginning in fiscal year 2002-03, the department may increase the fees to recover the cost of administering s. 101.937. 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) (2m)
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; 2001 a. 16.
101.935 Cross-reference Cross Reference: See also ch. Comm 95, Wis. adm. code.
101.937 101.937 Water and sewer service to manufactured home parks.
101.937(1)(1)Rules. The department shall promulgate rules that establish standards for providing water or sewer service by a manufactured home park operator or manufactured home park contractor to a manufactured home park occupant, including requirements for metering, billing, depositing, arranging deferred payment, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable.
101.937(2) (2)Permanent improvements. A manufactured home park operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to manufactured home park occupants through ongoing rates for water or sewer service.
101.937(3) (3)Enforcement.
101.937(3)(a)(a) On its own motion or upon a complaint filed by a manufactured home park occupant, the department may issue an order or commence a civil action against a manufactured home park operator or manufactured home park contractor to enforce this section, any rule promulgated under sub. (1), or any order issued under this paragraph.
101.937(3)(b) (b) The department of justice, after consulting with the department, or any district attorney may commence an action in circuit court to enforce this section.
101.937(4) (4)Private cause of action. Any person suffering pecuniary loss because of a violation of any rule promulgated under sub. (1) or order issued under sub. (3) (a) may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable attorney fees.
101.937(5) (5)Penalties.
101.937(5)(a)(a) Any person who violates any rule promulgated under sub. (1) or any order issued under sub. (3) (a) shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense.
101.937(5)(b) (b) Any person who intentionally violates any rule promulgated under sub. (1) or order issued under sub. (3) (a) shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both. Each violation and each day of violation constitutes a separate offense.
101.937 History History: 2001 a. 16 ss. 2541, 3003 to 3007.
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)1. 1. Inspect manufactured homes.
101.94(4)(b)2. 2. Review manufactured home plans and specifications.
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) (8)
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 willfully violates this subchapter in a manner which threatens the health or safety of a purchaser may be fined not more than $10,000 or imprisoned for not more than 9 months 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.
101.95 101.95 Manufactured 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 in this state.
101.95 History History: 1973 c. 116; 1983 a. 27 ss. 1375t, 2200 (25); 1999 a. 53.
101.951 101.951 Manufactured home dealers regulated.
101.951(1) (1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state unless first licensed to do so by the department as provided in this section.
101.951(2) (2)
101.951(2)(a)(a) Application for a license or a renewal license shall be made to the department on forms prescribed and furnished by the department, accompanied by the license fee required under par. (c) or (d).
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This is an archival version of the Wis. Stats. database for 2003. See Are the Statutes on this Website Official?