101.651(5)
(5) Effect of section on certain laws. This section does not affect the applicability of rules or an ordinance adopted under this subchapter to builders, designers and owners of dwellings located in a municipality.
101.653
101.653
Construction site erosion control. 101.653(1)
(1)
Definition. In this section, "best management practices" means practices, techniques or measures that the department determines to be effective means of preventing or reducing pollutants of surface water generated from construction sites.
101.653(2)
(2) Soil erosion prevention rules. The department shall promulgate rules that establish standards for practices to prevent soil erosion related to the construction of one- and 2-family dwellings, subject to all of the following requirements:
101.653(2)(a)
(a) At a minimum, the rules shall require the use of best management practices.
101.653(2)(b)
(b) The rules shall require the use of more restrictive or additional practices on an area with a slope that is greater than 12%.
101.653(2m)
(2m) Rules for administration. The department shall promulgate rules for the administration of construction site erosion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of permits and the collection and distribution of fees.
101.653(4)
(4) Applicability of local subdivision regulation. All powers granted to a county, city, village or town under
s. 236.45 may be exercised by it with respect to construction site erosion control regulation if the county, city, village or town has or provides a planning commission or agency.
101.653(5)
(5) Municipal responsibilities; department review. 101.653(5)(a)(a) Each city, village, town or county that enforces those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion shall do all of the following:
101.653(5)(a)1.
1. Obtain the services of an inspector certified to conduct all inspections related to the soil erosion control standards under this section.
101.653(5)(a)2.
2. Obtain the services of a plan reviewer certified to review all erosion control plans submitted under this section.
101.653(5)(a)3.
3. Review erosion control plans, conduct inspections of erosion control practices and enforce the requirements of this section as provided in
s. 101.65 (1) (d).
101.653(5)(a)4.
4. Complete the review of an erosion control plan no later than the 15th working day after the day that the erosion control plan is submitted.
101.653(5)(b)
(b) The department shall review the construction site erosion control program for one- and 2-family dwellings of each city, village, town or county that enforces those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion to ascertain compliance with
par. (a) and the rules promulgated under this section. This review shall include all of the following:
101.653(5)(b)1.
1. A performance audit of the erosion control program of the county, city, village or town.
101.653(5)(b)2.
2. A written determination by the department, issued every 3 years, of whether or not the county, city, village or town complies with
par. (a).
101.653(6m)
(6m) Review. The department and the department of natural resources shall enter into a memorandum of agreement that establishes a process for reviewing the standards established under
sub. (2), periodically updating those standards and reviewing the training program. The memorandum of understanding shall ensure that local officials and other persons interested in the standards established under
sub. (2) and the training program may participate in the process.
101.653(7)(a)(a) A county, city, village or town may submit orders to abate violations of those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion to the district attorney, the corporation counsel or the attorney general for enforcement. The district attorney, the corporation counsel or the attorney general may enforce those orders.
101.653(7)(b)
(b) The department or a city, village, town or county may issue a special order directing the immediate cessation of work on a one- or 2-family dwelling until the necessary plan approval is obtained or until the site complies with the rules promulgated under
sub. (2).
101.653 History
History: 1991 a. 309.
101.653 Cross-reference
Cross-reference: See also s.
SPS 321.125 and ch.
SPS 360, Wis. adm. code.
101.654
101.654
Contractor certification; education. 101.654(1)(a)
(a) Subject to
par. (b), no person may obtain a building permit unless the person annually obtains from the department a certificate of financial responsibility showing that the person is in compliance with
sub. (2), completes the continuing education requirements described under
sub. (1m), and furnishes to the issuer of the permit proof of completion of those continuing education requirements.
101.654(1)(b)
(b) Paragraph (a) does not apply to an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on that dwelling.
101.654(1)(c)2.
2. The continuing education requirements under
par. (a) and the rules promulgated by the department under
sub. (1m) do not apply to any person who holds a current license issued by the department at the time that the person obtains a building permit if the work the person does under the permit is work for which the person is licensed.
101.654(1m)(a)(a) The department shall promulgate rules establishing continuing education requirements for persons seeking to obtain a building permit under
sub. (1) (a).
101.654(1m)(b)
(b) The rules promulgated under this subsection shall require all of the following:
101.654(1m)(b)1.
1. Completion every 2 years of at least 12 hours of continuing education relevant to the professional area of expertise of the person seeking to obtain a building permit, approved by the department.
101.654(1m)(b)2.
2. Attendance at one or more professional meetings or educational seminars designed for both building contractors and building inspectors.
101.654(1m)(b)3.
3. For a person who does not hold a certificate of financial responsibility on April 11, 2006, successful completion of an examination developed by the department on the continuing education courses required under this subsection.
101.654(1m)(c)
(c) The rules promulgated under this subsection may not require a person who holds a certificate of financial responsibility on April 11, 2006, to take an examination on the continuing education courses required under this subsection.
101.654(1m)(cm)
(cm) The rules promulgated under this subsection may not require a person to take continuing education courses, or to take an examination on continuing education courses, that are not relevant to that person's professional area of expertise.
101.654(1m)(d)
(d) Subject to the continuing education requirements under
pars. (b) and
(c), the rules promulgated under
par. (a) may specify different continuing education course requirements for persons who hold a certificate of financial responsibility on April 11, 2006, and for persons who do not hold a certificate of financial responsibility on April 11, 2006.
101.654(1m)(e)
(e) The continuing education approved by the department under
par. (b) 1. shall include courses offered by private organizations with whom the department contracts under
s. 101.657. The department may approve courses that are offered by other states.
101.654(2)
(2) An applicant for a certificate of financial responsibility shall provide to the satisfaction of the department proof of all of the following:
101.654(2)(a)
(a) That the applicant has in force one of the following:
101.654(2)(a)1.
1. A bond endorsed by a surety company authorized to do business in this state of not less than $5,000, conditioned upon the applicant complying with all applicable provisions of the one- and 2-family dwelling code and any ordinance enacted under
s. 101.65 (1) (a).
101.654(2)(a)2.
2. A policy of general liability insurance issued by an insurer authorized to do business in this state insuring the applicant in the amount of at least $250,000 per occurrence because of bodily injury to or death of others or because of damage to the property of others.
101.654(2)(b)
(b) If the applicant is required under
s. 102.28 (2) (a) to have in force a policy of worker's compensation insurance or if the applicant is self-insured in accordance with
s. 102.28 (2) (b), that the applicant has in force a policy of worker's compensation insurance issued by an insurer authorized to do business in this state or is self-insured in accordance with
s. 102.28 (2) (b).
101.654(2)(c)
(c) If the applicant is required to make state unemployment insurance contributions under
ch. 108 or is required to pay federal unemployment compensation taxes under
26 USC 3301 to
3311, that the applicant is making those contributions or paying those taxes as required.
101.654(2m)
(2m) If an applicant wishes to use a bond under
sub. (2) (a) 1. of less than $25,000 to comply with
sub. (2) (a), the applicant shall agree not to perform any work on a dwelling for which the estimated cost of completion is greater than the amount of the bond. The department shall indicate any restriction under this subsection on the certificate of financial responsibility issued under
sub. (3).
101.654(3)
(3) Upon receipt of the proof required under
sub. (2) and the fee required by rules promulgated under
s. 101.63 (2m), the department shall issue to the applicant a certificate of financial responsibility. A certificate of financial responsibility issued under this subsection is valid for one year after the date of issuance, unless sooner suspended or revoked.
101.654(4)(a)(a) A bond or insurance policy required under
sub. (2) may not be canceled by the person insured under the bond or policy or by the surety company or insurer except on 30 days' prior written notice served on the department in person or by 1st class mail or, if the cancellation is for nonpayment of premiums to the insurer, on 10 days' prior written notice served on the department in person or by 1st class mail. The person insured under the bond or policy shall file with the department proof to the satisfaction of the department of a replacement bond or replacement insurance within the 30-day notice period or 10-day notice period, whichever is applicable, and before the expiration of the bond or policy. The department shall suspend without prior notice or hearing the certificate of financial responsibility of a person who does not file satisfactory proof of a replacement bond or replacement insurance as required by this subsection.
101.654(4)(b)
(b) A bond under
sub. (2) (a) 1. shall be executed in the name of the state for the benefit of any person who sustains a loss as a result of the person insured under the bond not complying with an applicable provision of the one- and 2-family dwelling code or any ordinance enacted under
s. 101.65 (1) (a), except that the aggregate liability of the surety to all persons may not exceed the amount of the bond.
101.654(5)
(5) The department may revoke or suspend a certificate of financial responsibility if any of the following apply:
101.654(5)(a)
(a) The holder fails to comply with the continuing education requirements specified under
subs. (1) and
(1m).
101.654(5)(b)
(b) The holder engages in the construction of a dwelling without a permit required under this chapter.
101.654(5)(c)
(c) The holder is convicted of a crime related to the construction of a dwelling.
101.654(5)(d)
(d) The holder has been adjudged bankrupt on 2 or more occasions.
101.654 Cross-reference
Cross-reference: See also ss.
SPS 305.31 and
305.315, Wis. adm. code.
101.654 Annotation
A particular municipal licensure requirement may be preempted if that requirement logically conflicts with, defeats the purpose of, or violates the spirit of state contractor financial responsibility and continuing education requirements. Ordinances requiring local licensure are preempted if they impose on persons seeking a building permit for one- or 2-family dwellings greater financial responsibility, education, or examination requirements than required by state law.
OAG 6-10.
101.657
101.657
Education contracts for builders and consumers. 101.657(1)(1) The department shall contract with a private organization to provide education regarding construction standards and inspection requirements under this subchapter and under rules promulgated under this subchapter to builders of dwellings in this state.
101.657(2)
(2) The department shall contract with a private organization to provide education regarding business practices to builders of dwellings in this state.
101.657(3)
(3) The department shall contract with a private organization to provide education regarding the dwelling building process to consumers in this state. The education curriculum shall include selecting a contractor, the construction process, and consumer protection.
101.657(4)
(4) Each contract under
sub. (1),
(2), and
(3) shall be a separate contract. The department is limited for these contracts to contracting only with organizations that are described in section
501 (c) (6) of the Internal Revenue Code and are exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
101.657(5)
(5) From the appropriation under
s. 20.165 (2) (j), beginning with fiscal year 2005-06, the department shall allocate $100,000 annually for the contract required under
sub. (2) and at least $600,000 annually for the contract required under
sub. (3).
101.657 History
History: 2005 a. 25 ss.
1830e to
1830m;
2011 a. 32.
101.66
101.66
Compliance and penalties. 101.66(1)
(1) Except as provided in
sub. (1m), every builder, designer, and owner shall use building materials, methods, and equipment which are in conformance with the one- and 2-family dwelling code.
101.66(1m)(a)(a) No person may use in a one- or 2-family dwelling load-bearing dimension lumber that has not been tested and approved for conformance as required by the department unless the lumber is approved for use under
par. (c) and one of the following applies:
101.66(1m)(a)1.
1. The lumber has been milled at the request of the person owning the lumber for use in the construction of the dwelling, and the dwelling will be inhabited by the person owning the lumber.
101.66(1m)(a)2.
2. The person milling the lumber sells the lumber directly to a person who will inhabit the dwelling or to a person acting on his or her behalf and for whom a building permit has been issued for the dwelling.
101.66(1m)(b)
(b) The lumber shall be milled so that it meets or exceeds the requirements of the one- and 2-family dwelling code. The person milling the lumber shall provide to the person receiving the lumber a written certification that the lumber meets or exceeds these requirements. The department shall design and provide forms for this purpose.
101.66(1m)(bn)
(bn) A person may not provide a written certification under
par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the lumber grading training program under
s. 36.25 (48) and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment.
101.66(1m)(c)
(c) Upon receipt of a copy of the certification required under
par. (b) an inspector who is certified under
sub. (2) may either authorize the use of the lumber, reject the use of the lumber, or authorize its use subject to more restrictive construction requirements, including requirements as to size, spacing, length of spans, and design.
101.66(2)
(2) All inspections shall be by persons certified by the department.
101.66(3)
(3) Whoever violates this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day that such violation continues constitutes a separate offense.
101.66 Cross-reference
Cross-reference: See also s.
SPS 305.63, Wis. adm. code.
MODULAR HOME CODE
101.70
101.70
Purpose. The purpose of this subchapter is to establish statewide standards and inspection procedures for the manufacture and installation of modular homes and to promote interstate uniformity in standards for modular homes by authorizing the department to enter into reciprocal agreements with other states that have equivalent standards.
101.70 History
History: 1975 c. 405;
2007 a. 11.
101.71
101.71
Definitions. In this subchapter:
101.71(1)
(1) "Closed construction" means any building, building component, assembly or system manufactured in such a manner that it cannot be inspected before installation at the building site without disassembly, damage or destruction.
101.71(2)
(2) "Dwelling" means any building that contains one or more dwelling units. "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
101.71(3)
(3) "Insignia" means a device or seal approved by the department to certify compliance with this subchapter.
