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.
101.71(4)
(4) "Installation" means the assembly of a modular home on-site and the process of affixing a modular home to land, a foundation, footing, or an existing building.
101.71(5)
(5) "Manufacture" means the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished, semifinished or finished materials.
101.71(6)(a)(a) "Modular home" means any structure or component thereof which is intended for use as a dwelling and:
101.71(6)(a)1.
1. Is of closed construction and fabricated or assembled on-site or off-site in manufacturing facilities for installation, connection, or assembly and installation, at the building site; or
101.71(6)(a)2.
2. Is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation, on the building site and for which certification is sought by the manufacturer.
101.71(6)(b)
(b) "Modular home" does not mean any manufactured home under
s. 101.91 or any building of open construction which is not subject to
par. (a) 2.
101.71(7)
(7) "Open construction" means any building, building component, assembly or system manufactured in such a manner that it can be readily inspected at the building site without disassembly, damage or destruction.
101.715
101.715
Application. This subchapter applies to a dwelling the initial construction of which was commenced on or after December 1, 1978, except that
s. 101.745 applies to a modular home the initial manufacture of which was commenced on or after May 23, 1978.
101.715 History
History: 1989 a. 109;
2007 a. 11.
101.72
101.72
Dwelling code council. The dwelling code council shall review the standards and rules for modular homes for dwellings and recommend a statewide modular home code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings. Such rules shall take into account the costs to home buyers of specific code provisions in relation to the benefits derived therefrom. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter.
101.72 History
History: 1975 c. 405;
2007 a. 11.
101.73
101.73
Departmental duties. The department shall:
101.73(1)
(1) Adopt rules which establish standards for the use of building materials, methods and equipment in the manufacture and installation of modular homes for use as dwellings or dwelling units. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems. Such rules shall take into account the conservation of energy in construction and maintenance of dwellings and the costs to home buyers of specific code provisions in relation to the benefits derived therefrom.
101.73(2)
(2) Adopt rules for the examination of plans and specifications and for periodic in-plant and on-site inspections of manufacturing facilities, processes, fabrication, assembly and installation of modular homes to ensure that examinations and inspections are made in compliance with the rules adopted for construction, electrical wiring, heating, ventilating, air conditioning and other systems under
ss. 101.70 to
101.77 and with the rules for indoor plumbing adopted by the department under
ch. 145.
101.73(3)
(3) Provide for examination of plans and specifications and in-plant inspections when contracted for by the manufacturer under
s. 101.75 (1) and shall contract to provide on-site inspection services for the installation of modular homes for dwellings, at municipal expense, for any municipality which requires such service under
s. 101.76 or
101.761.
101.73(5)
(5) Adopt rules for the certification, including provisions for suspension and revocation thereof, of on-site inspectors of the installation of modular homes for dwellings. Persons certified as on-site inspectors may be employees of the department, a city, village, town or county or an independent agency.
101.73(6)
(6) Adopt rules for the certification, including provisions for suspension and revocation thereof, of independent inspection agencies to conduct in-plant inspections of manufacturing facilities, processes, fabrication and assembly of modular homes for dwellings and to certify compliance with this subchapter.
101.73(7)
(7) Issue or recognize an insignia of compliance for dwellings which conform to the modular home code.
101.73(8)
(8) Biennially review the rules promulgated under this subchapter.
101.73(9)
(9) Issue special orders which it deems necessary to secure compliance with this subchapter and enforce the same by all appropriate administrative and judicial proceedings.
101.73(10)
(10) Prescribe and furnish to municipalities a standard building permit form for all new one- and 2-family dwellings.
101.73(12)
(12) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.
101.73 Cross-reference
Cross-reference: See also ch.
SPS 316, Wis. adm. code.
101.74
101.74
Departmental powers. The department may:
101.74(1)
(1) Hold hearings on any matter relating to this subchapter.
101.74(2)
(2) At the request of the owner or renter enter, inspect and examine dwellings, dwelling units and premises necessary to ascertain compliance with the rules and special orders under this subchapter.
101.74(2m)
(2m) Study the operation of the dwelling construction code and other laws related to the construction of dwelling units to determine their impact upon the cost of building construction and their effectiveness upon the health, safety and welfare of the occupants.
101.74(3)
(3) Revise the rules under this subchapter after consultation with the dwelling code council.
101.74(4)
(4) Provide for or engage in the testing, approval and certification of materials, devices and methods for the manufacture or installation of modular homes.
101.74(5)
(5) Collect and publish data secured from the examinations and inspections under
s. 101.73 (2) and
(3), and from building permits.
101.74(6)
(6) Adopt rules prescribing procedures for approving new building materials, devices and methods for the manufacture or installation of modular homes for dwellings.
101.74(7)
(7) Enter into reciprocal agreements with other states regarding the design, construction, inspection and labeling of modular homes where the laws or rules of other states meet the intent of the modular home code and the rules promulgated under this subchapter.
101.74 History
History: 1975 c. 405;
2007 a. 11.
101.743
101.743
Certain rules prohibited. The department may not promulgate or enforce a rule that requires any manufactured building that uses electricity for space heating to be superinsulated.
101.743 History
History: 2007 a. 67.
101.745(2)
(2) Approval. A smoke detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization.
101.745(3)
(3) Installation. A smoke detector required under this section shall be installed according to the directions and specifications of the manufacturer.
101.745(4)
(4) Requirement. The manufacturer of a modular home shall install a functional smoke detector on each floor level except the attic or storage area of each dwelling unit.
101.75
101.75
Inspections, insignia and alterations. 101.75(1)(1)
Inspections and compliance. Manufacturers of modular homes shall contract with a certified independent inspection agency or the department to conduct in-plant inspections and certify compliance with this subchapter. Manufacturers shall reimburse the independent inspection agency in accordance with the terms of the contract or reimburse the department in accordance with fees established under
s. 101.73 (12). All inspections shall be performed by persons certified by the department.
101.75(2)
(2) Display of insignia required. All modular homes manufactured, sold for initial use or installed within this state shall display, in a manner determined by the department, the insignia issued or recognized under
ss. 101.73 (7) and
101.74 (7). All modular homes bearing such insignia shall be deemed to comply with the requirements of all building ordinances and regulations of any local government except those related to zoning and siting requisites including but not limited to building setback, side and rear yard requirements and property line requirements.
101.75(3)
(3) Department approval of alterations. No person shall alter an approved modular home in any way prior to or during installation without the approval of the department.
101.75(4)
(4) Counterfeit insignia. No person may falsely or fraudulently make, forge, alter or counterfeit any insignia issued or recognized under
ss. 101.73 (7) and
101.74 (7).
101.75 History
History: 1975 c. 405;
2007 a. 11.
