101.955(1)(1) The importation of a manufactured home for sale in this state by an out-of-state manufacturer is considered an irrevocable appointment by that manufacturer of the department of financial institutions to be that manufacturer's true and lawful attorney upon whom may be served all legal processes in any action or proceeding against such manufacturer arising out of the importation of such manufactured home into this state.
101.955(2)
(2) The department of financial institutions upon whom processes and notices may be served under this section shall, upon being served with such process or notice, mail a copy by registered mail to the out-of-state manufacturer at the nonresident address given in the papers so served. The original shall be returned with proper certificate of service attached for filing in court as proof of service. The service fee shall be $4 for each defendant so served. The department of financial institutions shall keep a record of all such processes and notices, which record shall show the day and hour of service.
101.955 History
History: 1999 a. 9,
53.
101.957
101.957
Nonjudicial resolution of manufactured housing industry disputes. The department, by rule, shall establish an alternative dispute resolution program for the timely resolution of any dispute that concerns a defect in a manufactured home, or in the installation of a manufactured home, reported to the department within one year of the date on which the manufactured home was installed and that occurs between parties, each of which is a manufacturer of manufactured homes, manufactured home salesperson, manufactured home dealer, or installer. The rules may require the parties to submit to an alternative dispute resolution program before bringing an action in another forum. This section does not affect the rights of any consumer to commence an action or the rights of any person to commence an action against a consumer.
101.957 History
History: 2005 a. 45.
101.96
101.96
Manufactured home installation regulated. 101.96(1)(a)(a)
Promulgation of standards. The department shall, by rule, establish installation standards for the safe installation of manufactured homes in this state. In promulgating rules under this paragraph, the department shall consider the recommendations of the manufactured housing code council under
s. 101.933.
101.96(1)(b)
(b)
Enforcement of standards. The department shall, by rule, establish a method for ensuring compliance with the rules promulgated under
par. (a). The department shall require inspections of manufactured home installations by 3rd-party inspectors licensed by the department. The department shall, by rule, establish criteria for the licensure of 3rd-party inspectors that include a requirement that an individual may not serve as a 3rd-party inspector if the individual is, is employed by, or is an independent contractor of any of the following:
101.96(1)(b)1.
1. A manufactured home manufacturer who was directly involved in the sale of the particular manufactured home.
101.96(1)(b)2.
2. A manufactured home salesperson who was directly involved in the sale of the particular manufactured home.
101.96(1)(b)3.
3. An installer who was directly involved in the sale of the particular manufactured home.
101.96(2)(a)(a)
License required; exceptions; liability. Except as otherwise provided in this paragraph, beginning on January 1, 2007, no person may act as an installer in this state unless the person is a licensed installer or employs one or more licensed installers to generally supervise each of the person's installations of manufactured homes in this state. This requirement does not apply to an individual who installs a manufactured home on his or her own property for his or her personal use or to an individual who installs a manufactured home under the general supervision of a licensed installer. A licensed installer is liable for all acts and omissions related to the installation of each individual who performs an installation under the licensed installer's general supervision.
101.96(2)(b)
(b)
License eligibility. The department may issue an installer's license only to an individual to whom all of the following apply:
101.96(2)(b)2.
2. The individual files with the department a license application on a form prescribed by the department.
101.96(2)(b)3.
3. The individual completes, to the satisfaction of the department, an examination approved by the department that tests the skills necessary to properly install manufactured homes and knowledge of the laws applicable to manufactured home installation.
101.96(2)(b)4.
4. The individual has not been found responsible in any judicial or administrative forum for any violation of this section during the 2 years before the date on which the individual's license application is submitted.
101.96(2)(b)5.
5. The individual has not been found responsible in any judicial or administrative forum during the 2 years before the date on which the individual's license application is submitted for any failure to perform an installation of a manufactured home as required under contract or for defrauding any person with regard to the provision of installation services.
101.96(2)(b)6.
6. The individual meets the standards of financial responsibility established by rule of the department.
101.96(2)(br)
(br)
Examination waiver. The department shall, by rule, establish a procedure under which it may waive the examination requirement under
par. (b) 3. for individuals that demonstrate sufficient experience installing manufactured homes including active participation in the installation of at least 10 manufactured homes. This paragraph does not apply after June 1, 2007.
101.96(2)(c)
(c)
License term and fee. The department, by rule shall establish the term of installers' licenses and the conditions under which the department may revoke or suspend installers' licenses. The department shall establish an initial installer's license fee and license renewal fee by rule under
s. 101.19.
101.96 History
History: 2005 a. 45.
101.96 Cross-reference
Cross-reference: See also s.
SPS 305.327 and ch.
SPS 320, Wis. adm. code.
101.965(1)(1) Any person who violates
ss. 101.953 to
101.955, or any rule promulgated under
ss. 101.953 to
101.955, may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
101.965(1p)
(1p) Any person who violates
s. 101.96 or any rule promulgated under that section may be required to forfeit not less than $25 nor more than $500 for each violation. Each day of continued violation constitutes a separate violation.
101.965(1t)
(1t) Upon request of the department, the attorney general may commence an action in a court of competent jurisdiction to enjoin any installer from installing a manufactured home in violation of
s. 101.96 (2).
101.965(2)
(2) In any court action brought by the department for violations of this subchapter, the department may recover all costs of testing and investigation, in addition to costs otherwise recoverable, if it prevails in the action.
101.965(3)
(3) Nothing in this subchapter prohibits the bringing of a civil action against a manufactured home manufacturer, manufactured home dealer or manufactured home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the manufactured home manufacturer, manufactured home dealer or manufactured home salesperson, that constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.
101.965 History
History: 1999 a. 9,
53,
185;
2005 a. 45.
MULTIFAMILY DWELLING CODE
101.971
101.971
Definitions. In this subchapter:
101.971(2)
(2) "Multifamily dwelling" means an apartment building, rowhouse, town house, condominium, or modular home, as defined in
s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units the initial construction of which is begun on or after January 1, 1993. "Multifamily dwelling" does not include a facility licensed under
ch. 50.
101.971(3)
(3) "Owner" means a person having a legal or equitable interest in a multifamily dwelling.
101.971(4)
(4) "Political subdivision" means a county, city, village or town.
101.971 History
History: 1991 a. 269;
2007 a. 11.
101.972
101.972
Multifamily dwelling code council duties. The multifamily dwelling code council shall review the rules for multifamily dwelling construction and recommend a uniform multifamily dwelling code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall identify, consider and make recommendations to the department regarding variances in the rules for different climate and soil conditions and the variable conditions created by building and population densities.
101.972 History
History: 1991 a. 269.
101.973
101.973
Department duties. The department shall:
101.973(1)
(1) Promulgate rules that establish standards for the construction of multifamily dwellings and their components.
101.973(2)
(2) Biennially review the rules promulgated under this subchapter.
101.973(3)
(3) Issue any special order that it considers necessary to secure compliance with this subchapter.
101.973(4)
(4) Prescribe and furnish to political subdivisions a standard building permit format for all multifamily dwellings subject to this subchapter.
101.973(5)
(5) Collect and publish the data secured from the building permits.
101.973(7)
(7) Establish by rule a schedule of fees sufficient to defray the costs incurred by the department under this subchapter.
101.973(9)
(9) Incorporate by reference in the rules promulgated under this subchapter all rules promulgated under
subch. I that apply to multifamily dwellings.
101.973(10)
(10) Establish a program of quality control training for all inspectors who inspect multifamily dwellings for compliance with this subchapter.
101.973(11)
(11) Contract with the legislative audit bureau to make periodic performance audits of any division of the department that is responsible for inspections of multifamily dwellings.
101.974
101.974
Department powers. The department may:
101.974(1)
(1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at such hearings.
101.974(2)
(2) Promulgate the rules under this subchapter after consultation with the multifamily dwelling code council.
101.974(3)
(3) Provide for or engage in the testing, approval and certification of materials, methods and equipment of construction.
101.974(4)
(4) Promulgate rules prescribing procedures for approving new building materials, methods and equipment.
101.974(5)
(5) Study the administration of the rules promulgated under this subchapter and other laws related to the construction of multifamily dwelling units to determine their impact on the cost of building construction and their effectiveness in ensuring the health, safety and welfare of the occupants.
101.974 History
History: 1991 a. 269.
101.975
101.975
Local government authority. 101.975(1)
(1) A political subdivision may regulate the construction and installation of windows and doors in multifamily dwellings if the regulation is related to preventing illegal entry.
101.975(2)
(2) A political subdivision shall use the standard building permit format prescribed and furnished by the department under
s. 101.973 (4) and file a copy of each permit issued with the department.
101.975(3)(a)(a) In this subsection, "preexisting stricter sprinkler ordinance" means an ordinance that fulfills all of the following requirements:
101.975(3)(a)1.
1. The ordinance requires an automatic sprinkler system in multifamily dwellings containing 20 or less attached dwelling units.
101.975(3)(a)2.
2. The ordinance was in effect on January 1, 1992, and remains in effect on May 1, 1992.
101.975(3)(a)3.
3. The ordinance does not conform to this subchapter and
s. 101.02 (7m) or is contrary to an order of the department under
subch. I.
101.975(3)(a)4.
4. The ordinance is more stringent than the corresponding provision of this subchapter or
s. 101.02 or the contrary provision of an order of the department under
subch. I.
101.975(3)(b)
(b) If a political subdivision has a preexisting stricter sprinkler ordinance, that ordinance remains in effect, except that the political subdivision may amend the ordinance to conform to this subchapter and
s. 101.02 (7m) and to be not contrary to an order of the department under
subch. I.
101.975 History
History: 1991 a. 269;
1995 a. 27.
101.976
101.976
Fire chief and inspector powers and duties. This subchapter does not restrict the duties and powers of fire chiefs or inspectors under
s. 101.14 (2).
101.976 History
History: 1991 a. 269.
101.977(1)(1) Except as provided in
sub. (2), a person who constructs a multifamily dwelling shall use building materials, methods, and equipment that are in conformance with the standards prescribed under
s. 101.973 (1).
101.977(2)(a)(a) No person may use in a multifamily 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 as provided under
par. (c) and if one of the following applies:
101.977(2)(a)1.
1. The lumber has been milled at the request of the person owning the lumber for use in the construction of the multifamily dwelling, a dwelling unit of which will be inhabited by that person.
101.977(2)(a)2.
2. The person milling the lumber sells the lumber directly to a person who will inhabit the dwelling unit in the multifamily dwelling, or to a person acting on his or her behalf and for whom a building permit has been issued for the multifamily dwelling.
101.977(2)(b)
(b) The lumber shall be milled so that it meets or exceeds the requirements of the standards prescribed in
s. 101.973. 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.
101.977(2)(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.
101.977(2)(c)
(c) Upon receipt of a copy of the certification required under
par. (b), an inspector who inspects multifamily dwellings for compliance with this subchapter 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.
101.978
101.978
Penalties. Any person who violates this subchapter or any rules promulgated under this subchapter shall forfeit not less than $25 nor more than $500 for each offense. Each day of continued violation constitutes a separate offense.
101.978 History
History: 1991 a. 269.
