101.865 History
History: 1983 a. 164 s.
4; Stats. 1983 s. 101.865;
1989 a. 348;
1997 a. 253.
101.865 Cross-reference
Cross Reference: See also s.
Comm 16.01, Wis. adm. code.
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 employees 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.
101.88 Cross-reference
Cross Reference: See also s.
Comm 5.62, Wis. adm. code.
MANUFACTURED HOMES AND MOBILE HOMES
101.91
101.91
Definitions. In this subchapter:
101.91(1g)
(1g) "Delivery date" means the date on which a manufactured home is physically delivered to the site chosen by the owner of the manufactured home.
101.91(1i)
(1i) "Installation standards" means specifications for the proper installation of manufactured homes at their place of occupancy to ensure proper siting, the joining of all sections of the manufactured home, connection to existing utility services and the installation of stabilization, support, or anchoring systems.
101.91(1j)
(1j) "Installer" means a person who is in the business of installing new manufactured homes.
101.91(1v)
(1v) "Licensed manufacturer" means a manufactured home manufacturer licensed under
s. 101.95.
101.91(2)
(2) "Manufactured home" means any of the following:
101.91(2)(am)
(am) A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under
42 USC 5401 to
5425.
101.91(2)(c)
(c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.
101.91(3)
(3) "Manufactured home dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in, manufactured homes or who is engaged wholly or partially in the business of selling manufactured homes, whether or not the manufactured homes are owned by the person, but does not include:
101.91(3)(a)
(a) A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court.
101.91(3)(b)
(b) Any public officer while performing that officer's official duty.
101.91(3)(e)
(e) A person transferring a manufactured home used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
101.91(4)
(4) "Manufactured home owner" means any person who purchases, or leases from another, a manufactured home primarily for use for personal, family or household purposes.
101.91(5m)
(5m) "Manufactured home community" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. "Manufactured home community" does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the manufactured homes work on the farm.
101.91(6m)
(6m) "Manufactured home community contractor" means a person, other than a public utility, as defined in
s. 196.01 (5) (a), who, under a contract with a manufactured home community operator, provides water or sewer service to a manufactured home community occupant or performs a service related to providing water or sewer service to a manufactured home community occupant.
101.91(7)
(7) "Manufactured home community occupant" means a person who rents or owns a manufactured home in a manufactured home community.
101.91(8)
(8) "Manufactured home community operator" means a person engaged in the business of owning or managing a manufactured home community.
101.91(9)
(9) "Manufactured home salesperson" means any person who is employed by a manufactured home manufacturer or manufactured home dealer to sell or lease manufactured homes.
101.91(10)
(10) "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(11)
(11) "New manufactured home" means a manufactured home that has never been occupied, used or sold for personal or business use.
101.91(12)
(12) "Used manufactured home" means a manufactured home that has previously been occupied, used or sold for personal or business use.
101.92
101.92
Departmental powers and duties. The department:
101.92(3)
(3) Shall review annually the rules adopted under this subchapter.
101.92(4)
(4) Shall provide for announced or unannounced inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes to ensure compliance with the rules adopted under this subchapter.
101.92(6)
(6) May enter into reciprocal agreements with other states regarding the inspection, installation, and labeling of manufactured homes where the laws or rules of other states meet the intent of this subchapter and where the laws or rules are actually enforced.
101.92(7)
(7) Shall establish a staff for the administration and enforcement of this subchapter.
101.92(8)
(8) May revoke the license of any manufacturer who violates this subchapter or any rules promulgated thereunder.
101.92(9)
(9) Shall promulgate rules and establish standards necessary to carry out the purposes of
ss. 101.951 and
101.952.
101.92 Cross-reference
Cross Reference: See also s.
Comm 5.32, Wis. adm. code.
101.9202(1)
(1) A lien given by statute or rule of law to a supplier of services or materials for the manufactured home.
101.9202(2)
(2) A lien given by statute to the United States, this state or any political subdivision of this state.
101.9202(3)
(3) A security interest in a manufactured home created by a manufactured home dealer or manufacturer who holds the manufactured home for sale, which shall be governed by the applicable provisions of
ch. 409.
101.9202 History
History: 1999 a. 9,
53.
101.9203
101.9203
When certificate of title required. 101.9203(1)
(1) Except as provided in
subs. (3) and
(4), the owner of a manufactured home situated in this state or intended to be situated in this state shall make application for certificate of title under
s. 101.9209 for the manufactured home if the owner has newly acquired the manufactured home.
101.9203(2)
(2) Any owner who situates in this state a manufactured home for which a certificate of title is required without the certificate of title having been issued or applied for, knowing that the certificate of title has not been issued or applied for, may be required to forfeit not more than $200. A certificate of title is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed and with postage prepaid.
101.9203(3)
(3) Unless otherwise authorized by rule of the department, a nonresident owner of a manufactured home situated in this state may not apply for a certificate of title under this subchapter unless the manufactured home is subject to a security interest or except as provided in
s. 101.9209 (1) (a).
101.9203(4)
(4) The owner of a manufactured home that is situated in this state or intended to be situated in this state is not required to make application for a certificate of title under
s. 101.9209 if the owner of the manufactured home intends, upon acquiring the manufactured home, to make the manufactured home a fixture to land in which the owner of the manufactured home has an ownership or leasehold interest subject to
ch. 706.
101.9203 History
History: 1999 a. 9,
53;
2001 a. 16;
2005 a. 45.
101.9204
101.9204
Application for certificate of title. 101.9204(1)
(1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall include the following information:
101.9204(1)(b)
(b) A description of the manufactured home, including make, model, identification number and any other information or documentation that the department may reasonably require for proper identification of the manufactured home.
101.9204(1)(c)
(c) The date of purchase by the applicant, the name and address of the person from whom the manufactured home was acquired and the names and addresses of any secured parties in the order of their priority.
101.9204(1)(d)
(d) If the manufactured home is a new manufactured home being titled for the first time, the signature of the manufactured home dealer. The document of origin shall contain the information specified by the department.
101.9204(1)(e)
(e) Any further evidence of ownership which the department may reasonably require to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the manufactured home.
101.9204(1)(f)
(f) If the identification number of the manufactured home has been removed, obliterated or altered, or if the original casting has been replaced, or if the manufactured home has not been numbered by the manufacturer, the application for certificate of title shall so state.
101.9204(1)(g)
(g) If the manufactured home is a used manufactured home that was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement, in the form prescribed by the department, pertaining to the title history and ownership of the manufactured home.
101.9204(1m)
(1m) On the form or in the automated format for application for a certificate of title, the department may show the fee under
s. 101.9208 (4m) separately from the fee under
s. 101.9208 (1) or
(4).
101.9204(2)
(2) Any person who knowingly makes a false statement in an application for a certificate of title is guilty of a Class H felony.
101.9205
101.9205
When department to issue certificate and to whom; maintenance of records. 101.9205(1)
(1) The department shall maintain a record of each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and deliver a certificate to the owner of the manufactured home.
101.9205(2)
(2) The department shall maintain a record of all applications, and all certificates of title issued by the department, indexed in the following manners:
101.9205(2)(b)
(b) Alphabetically, according to the name of the owner.
101.9205(2)(c)
(c) In any other manner that the department determines to be desirable.
101.9205(3)
(3) The department shall establish, by rule under
s. 101.19, a fee of not less than $2 for conducting a file search of manufactured home title records.
101.9205 History
History: 1999 a. 9,
53,
185;
2005 a. 45.
101.9206
101.9206
Contents of certificate of title. 101.9206(1)
(1) Each certificate of title issued by the department shall contain all of the following:
101.9206(1)(b)
(b) The names of any secured parties in the order of priority as shown on the application or, if the application is based on another certificate of title, as shown on that certificate.
101.9206(1)(c)
(c) The title number assigned to the manufactured home.
101.9206(1)(d)
(d) A description of the manufactured home, including make, model and identification number.
