440.968
440.968
Discipline; prohibited acts; penalties. 440.968(1)
(1) The department may reprimand a Wisconsin registered interior designer, or may limit, suspend or revoke the certificate of registration of a Wisconsin registered interior designer, who has done any of the following:
440.968(1)(a)
(a) Committed any fraud or deceit in obtaining or renewing a certificate of registration under this subchapter.
440.968(1)(b)
(b) Committed any gross negligence or misconduct, or acted in a grossly incompetent manner, in the practice of interior design as a Wisconsin registered interior designer.
440.968(1)(c)
(c) Violated this subchapter or a rule promulgated under this subchapter.
440.968(1)(d)
(d) Been convicted of a felony, subject to
ss. 111.321,
111.322 and
111.335, or been adjudicated mentally incompetent by a court of competent jurisdiction, a certified copy of the record of conviction or adjudication of incompetency to be conclusive evidence of such conviction or incompetency.
440.968(2)
(2) Any person who uses the title "Wisconsin registered interior designer" in this state and who is not registered in accordance with this subchapter, or any person presenting or attempting to use as his or her own the certificate of registration of another, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked certificate of registration, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.
440.968(3)
(3) Any person may allege to the department that he or she believes a person registered under this subchapter has committed an act for which a reprimand or limitation, suspension or revocation of registration is authorized under
sub. (1). Such allegations shall be in writing, and shall be sworn to by the person making them and shall be submitted to the department. The department may, on its own motion, make such charges.
440.968(4)
(4) The department may reissue a certificate of registration to any person whose certificate has been revoked under
sub. (1) if the person satisfies requirements for reissuance established by the department. The department may issue a new certificate of registration to replace any certificate revoked, lost, destroyed or mutilated, subject to the rules of the department and the payment of the required fee.
440.968 History
History: 1995 a. 322.
440.969
440.969
Change of name. No person who is registered as a Wisconsin registered interior designer under this subchapter may practice interior design in this state under any other given name or any other surname than that under which the person was originally registered to use a title in this or any other state if the department, after a hearing, finds that using a title under the changed name operates to unfairly compete with another practitioner or to mislead the public as to identity or to otherwise result in detriment to the profession or the public. This section does not apply to a change of name resulting from marriage or divorce.
440.969 History
History: 1995 a. 322.
HOME INSPECTORS
Subch. X of ch. 440 Cross-reference
Cross Reference: See also chs.
RL 131,
132,
133,
134, and
135, Wis. adm. code.
440.97
440.97
Definitions. In this subchapter:
440.97(1)
(1) "Client" means a person who contracts with a home inspector for a home inspection.
440.97(2)
(2) "Compensation" means direct or indirect payment, including the expectation of payment whether or not actually received.
440.97(3)
(3) "Dwelling unit" means a structure or that part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons who are maintaining a common household, to the exclusion of all others.
440.97(4)
(4) "Home inspection" means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible.
440.97(5)
(5) "Home inspection report" means a written opinion of a home inspector concerning all of the following:
440.97(5)(a)
(a) The condition of the improvements to residential real property that contains not more than 4 dwelling units.
440.97(5)(b)
(b) The condition of mechanical and structural components of the improvements specified in
par. (a).
440.97(6)
(6) "Home inspector" means an individual who, for compensation, conducts a home inspection.
440.97(7)
(7) "Technically exhaustive" means the extensive use of measurements, instruments, testing, calculations and other means to develop scientific or engineering findings, conclusions or recommendations.
440.97 History
History: 1997 a. 81.
440.971
440.971
Registry established. The department shall establish a registry of home inspectors.
440.971 History
History: 1997 a. 81.
440.9712
440.9712
Registration required. 440.9712(1)
(1) Except as provided in
s. 440.9715, no individual may act as a home inspector, use the title "home inspector", use any title or description that implies that he or she is a home inspector or represent himself or herself to be a home inspector unless the individual is registered under this subchapter.
440.9712(1m)
(1m) No business entity may provide home inspection services unless each of the home inspectors employed by the business entity is registered under this subchapter.
440.9712(2)
(2) No business entity may use, in connection with the name or signature of the business entity, the title "home inspectors" to describe the business entity's services, unless each of the home inspectors employed by the business entity is registered under this subchapter.
440.9712 History
History: 1997 a. 81.
440.9715
440.9715
Applicability. A registration is not required under this subchapter for any of the following:
440.9715(1)
(1) An individual who conducts a home inspection while lawfully practicing within the scope of a license, permit or certificate granted to that individual by a state governmental agency.
440.9715(2)
(2) An individual who constructs, repairs or maintains improvements to residential real property, if the individual conducts home inspections only as part of his or her business of constructing, repairing or maintaining improvements to real property and if the individual does not describe himself or herself as a registered home inspector or convey the impression that he or she is a registered home inspector.
440.9715(3)
(3) An individual who conducts home inspections in the normal course of his or her employment as an employee of a federal, state or local governmental agency.
440.9715 History
History: 1997 a. 81.
440.972
440.972
Registration of home inspectors. 440.972(1)
(1) The department shall register an individual under this subchapter if the individual does all of the following:
440.972(1)(a)
(a) Submits an application for registration to the department on a form provided by the department.
440.972(1)(c)
(c) Submits evidence satisfactory to the department that he or she is not subject to a pending criminal charge, or has not been convicted of a felony, misdemeanor or other offense, the circumstances of which substantially relate to the practice of home inspection.
440.972 History
History: 1997 a. 81.
440.972 Cross-reference
Cross Reference: See also ch.
RL 132, Wis. adm. code.
440.973(1)(1) No person may be registered under this subchapter unless he or she passes an examination approved by the department. In approving an examination under this subsection, the department shall consider the use of an examination that is similar to an examination that is required for membership in the American Society of Home Inspectors.
440.973(2)
(2) The department shall conduct examinations for home inspector registration at least semiannually at times and places determined by the department.
440.973(3)
(3) An individual is not eligible for examination unless the individual has satisfied the requirements for registration under
s. 440.972 (1) (a) to
(c) at least 30 days before the date of the examination.
440.973 History
History: 1997 a. 81.
440.973 Cross-reference
Cross Reference: See also chs.
RL 132 and
133, Wis. adm. code.
440.974(1)(1) The department shall promulgate rules necessary to administer this subchapter, including rules to establish all of the following:
440.974(1)(a)
(a) Standards for acceptable examination performance by an applicant for registration.
440.974(1)(b)
(b) Subject to
s. 440.975, standards for the practice of home inspection by home inspectors and standards for specifying the mechanical and structural components of improvements to residential real property that are included in a home inspection. The rules promulgated under this paragraph may not require a home inspector to use a specified form for the report required under
s. 440.975 (3).
440.974(1)(c)
(c) Subject to
s. 440.975, the information that a home inspector is required to provide to a client concerning the results of the home inspection conducted by the home inspector.
440.974(2)
(2) The department shall promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subsection shall require the completion of at least 20 hours of continuing education during each calendar year.
440.974 History
History: 1997 a. 81.
440.974 Cross-reference
Cross Reference: See also chs.
RL 131,
132,
133,
134, and
135, Wis. adm. code.
440.975
440.975
Standards of practice. 440.975(1)
(1) In this section, "reasonably competent and diligent inspection" means an inspection that complies with the standards established under this subchapter or the rules promulgated under this subchapter.
440.975(2)
(2) A home inspector shall perform a reasonably competent and diligent inspection to detect observable conditions of an improvement to residential real property. Except for removing an access panel that is normally removed by an occupant of residential real property, this subsection does not require a home inspector to disassemble any component of an improvement to residential real property. A reasonably competent and diligent inspection under this subsection is not required to be technically exhaustive.
440.975(3)
(3) After completing a home inspection, a home inspector shall submit a written report to a client that does all of the following:
440.975(3)(a)
(a) Lists the components of an improvement to residential real property that the home inspector is required to inspect under the rules promulgated under
s. 440.974 (1) (b).
440.975(3)(b)
(b) Lists the components of an improvement to residential real property that the home inspector has inspected.
440.975(3)(c)
(c) Describes any condition of an improvement to residential real property or of any component of an improvement to residential real property that is detected by the home inspector during his or her home inspection and that, if not repaired, will have a significant adverse effect on the life expectancy of the improvement or the component of the improvement.
440.975(3)(d)
(d) Provides any other information that the home inspector is required to provide under the rules promulgated under
s. 440.974 (1) (c).
440.975(4)
(4) A home inspector is not required to report on any of the following:
440.975(4)(a)
(a) The life expectancy of an improvement to residential real property or a component of an improvement to residential real property.
440.975(4)(b)
(b) The cause of the need for any major repair to an improvement to residential real property or a component of an improvement to residential real property.
440.975(4)(c)
(c) The method of making any repair or correction, the materials needed for any repair or correction or the cost of any repair or correction.
440.975(4)(d)
(d) The suitability for any specialized use of an improvement to residential real property.
440.975(4)(e)
(e) Whether an improvement to residential real property or a component of an improvement to residential real property complies with applicable regulatory requirements.
440.975(4)(f)
(f) The condition of any component of an improvement to residential real property that the home inspector was not required to inspect under the rules promulgated under
s. 440.974 (1) (b).
440.975(5)
(5) A home inspector may not report, either in writing or verbally, on any of the following:
440.975(5)(a)
(a) The market value or marketability of a property.
440.975(5)(b)
(b) Whether a property should or should not be purchased.
440.975(6)
(6) This section does not require a home inspector to do any of the following:
440.975(6)(b)
(b) Calculate the strength, adequacy or efficiency of any component of an improvement to residential real property.
440.975(6)(c)
(c) Enter any area or perform any procedure that may damage an improvement to residential real property or a component of an improvement to residential real property, or enter any area or perform any procedure that may be dangerous to the home inspector or to other persons.
440.975(6)(d)
(d) Operate any component of an improvement to residential real property that is inoperable.
440.975(6)(e)
(e) Operate any component of an improvement to residential real property that does not respond to normal operating controls.
440.975(6)(f)
(f) Disturb insulation or move personal items, furniture, equipment, vegetation, soil, snow, ice or debris that obstructs access to or visibility of an improvement to residential real property or a component of an improvement to residential real property.
440.975(6)(g)
(g) Determine the effectiveness of a component of an improvement to residential real property that was installed to control or remove suspected hazardous substances.
440.975(6)(h)
(h) Predict future conditions, including the failure of a component of an improvement to residential real property.
440.975(6)(i)
(i) Project or estimate the operating costs of a component of an improvement to residential real property.
