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.
101.76
101.76
Municipal authority. Except as provided by
s. 101.761, cities, villages, towns and counties:
101.76(1)(a)
(a) With the approval of the department, exercise jurisdiction over the installation of modular homes for dwellings by passage of ordinances, provided such ordinances are in strict conformance with this subchapter and the on-site inspection is performed by persons certified by the department. Except as provided by
s. 101.761, a county ordinance shall apply in any city, village or town which has not enacted such ordinance.
101.76(1)(c)
(c) By ordinance establish and collect fees to defray the cost of jurisdiction exercised under
par. (a) or
(b).
101.76(1)(d)
(d) By ordinance provide remedies and penalties for violation of the jurisdiction exercised under
par. (a) or
(b).
101.76(2)
(2) Shall contract with the department for on-site installation inspection services which the municipality does not perform under
sub. (1) (a) or
(b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services pursuant to
s. 101.73 (12).
101.76(3)
(3) Shall use the standard building permit form prescribed by the department and file a copy of each such permit issued with the department.
101.76 Cross-reference
Cross-reference: See also s.
SPS 320.06, Wis. adm. code.
101.761
101.761
Certain municipalities excepted. 101.761(1)
(1) In this section, "municipality" means a city, village or town with a population of 2,500 or less.
101.761(2)
(2) Except as provided under
sub. (6), a municipality is exempt from:
101.761(2)(b)
(b) Any rule adopted under
s. 101.73 regarding suspension or revocation of standard building permits.
101.761(3)
(3) The department or a county may not enforce this subchapter or an ordinance adopted under
s. 101.76 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular modular home or by the municipality. A request by a person or a municipality with respect to a particular modular home does not give the department or a county authority with respect to any other modular home. Costs shall be collected under
s. 101.76 (1) (c) or
ss. 101.73 (12) and
101.76 (2) from the person or municipality making the request.
101.761(4)
(4) Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department.
101.761(5)
(5) This section does not affect the applicability of or ordinances adopted under this subchapter to manufacturers, builders and owners of modular homes located in a municipality.
101.761(6)
(6) Any dwelling not inspected under
s. 101.76 shall comply with the rules adopted under
s. 101.73 (1) which take into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.
101.77
101.77
Penalties. Whoever violates this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation and each day that such violation continues constitutes a separate offense.
101.77 History
History: 1975 c. 405.
ELECTRICAL WIRING AND ELECTRICIANS
101.80
101.80
Definitions. In this subchapter:
101.80(1j)
(1j) "Electricity provider" means a public utility, an electric cooperative, or a wholesale merchant plant operator.
101.80(1m)
(1m) "Electrical wiring" means all equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used for the production, modification, regulation, control, distribution, utilization, or safeguarding of electrical energy for mechanical, chemical, cosmetic, heating, lighting, or similar purposes, as specified under the state electrical wiring code. "Electrical wiring" does not include the equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used by a public utility, an electric cooperative, or a wholesale merchant operator for the purpose of generating, transmitting, distributing, or controlling heat, light, power, or natural gas to its customers or members.
101.80(1p)
(1p) "Manufacturing facility" means a facility assessed as manufacturing property under
s. 70.995.
