440.95(1)(1)
Any cemetery authority that is required to be licensed under s.
440.91 (1) and that knowingly fails to be licensed may be fined not more than $100.
440.95(2)
(2) Any individual who is required to register as a cemetery salesperson under s.
440.91 (2) and who fails to register may be fined not less than $25 nor more than $200 or imprisoned for not more than 6 months or both.
440.95(3)
(3) Except as provided in subs.
(1) and
(2), any person who violates s.
440.91 or
440.947 or any rule promulgated under s.
440.91 may be fined not more than $5,000 or imprisoned for not more than 6 months, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense.
440.95(4)
(4) Any person who intentionally does any of the following may be fined not more than $5,000 or imprisoned for not more than 90 days, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense:
440.95(4)(b)
(b) Fails to deposit or invest preneed trust funds or care funds as required under s.
440.92 (3).
440.95(4)(c)
(c) Fails to file a report or files an incomplete, false or misleading report under s.
440.92 (6).
440.95(5)
(5) Except as provided in sub.
(4), any person who violates s.
440.92 or any rule promulgated under s.
440.92 may be required to forfeit not more than $200 for each offense. Each day of continued violation constitutes a separate offense.
440.95(6)(a)(a) Any cemetery authority or vendor that fails to disclose information to consumers in violation of s.
440.945 (3) may be required to forfeit not more than $200.
440.95(6)(b)
(b) Any cemetery authority or vendor that violates s.
440.945 (4) may be required to forfeit not more than $200 for the first offense and may be required to forfeit not more than $500 for the 2nd or any later offense within a year. The period shall be measured by using the dates of the offenses that resulted in convictions.
440.955
440.955
Injunctive relief. Notwithstanding s.
440.21, if it appears upon complaint to the board by any person, or if it is known to the board, that any person is operating a cemetery, practicing as a cemetery salesperson, or practicing as a cemetery preneed seller without a license required under this subchapter, the board, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of the state against the person to enjoin the person from such practice.
440.955 History
History: 2015 a. 237 s.
122;
2017 a. 365 s.
110.
HOME INSPECTORS
Subch. XI of ch. 440 Cross-reference
Cross-reference: See also ch.
SPS 131, Wis. adm. code.
440.97
440.97
Definitions. In this subchapter:
440.97(1)
(1) “Client" means a person who contracts with a home inspector for a home inspection.
440.97(2)
(2) “Compensation" means direct or indirect payment, including the expectation of payment whether or not actually received.
440.97(2m)
(2m) “Defect” means a condition of any component of an improvement that a home inspector determines, on the basis of the home inspector's judgment on the day of an inspection, would significantly impair the health or safety of occupants of a property or that, if not repaired, removed, or replaced, would significantly shorten or adversely affect the expected normal life of the component of the improvement.
440.97(3)
(3) “Dwelling unit" means a structure or that part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons who are maintaining a common household, to the exclusion of all others.
440.97(4)
(4) “Home inspection" means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible.
440.97(5)
(5) “Home inspection report" means a written opinion of a home inspector concerning all of the following:
440.97(5)(a)
(a) The condition of the improvements to residential real property that contains not more than 4 dwelling units.
440.97(5)(b)
(b) The condition of mechanical and structural components of the improvements specified in par.
(a).
440.97(6)
(6) “Home inspector" means an individual who, for compensation, conducts a home inspection.
440.97(7)
(7) “Technically exhaustive" means the extensive use of measurements, instruments, testing, calculations and other means to develop scientific or engineering findings, conclusions or recommendations.
440.971
440.971
Registry established. The department shall establish a registry of home inspectors.
440.971 History
History: 1997 a. 81.
440.9712
440.9712
Registration required. 440.9712(1)(1)
Except as provided in s.
440.9715, no individual may act as a home inspector, use the title “home inspector", use any title or description that implies that he or she is a home inspector or represent himself or herself to be a home inspector unless the individual is registered under this subchapter.
440.9712(1m)
(1m) No business entity may provide home inspection services unless each of the home inspectors employed by the business entity is registered under this subchapter.
440.9712(2)
(2) No business entity may use, in connection with the name or signature of the business entity, the title “home inspectors" to describe the business entity's services, unless each of the home inspectors employed by the business entity is registered under this subchapter.
440.9712 History
History: 1997 a. 81.
440.9715
440.9715
Applicability. A registration is not required under this subchapter for any of the following:
440.9715(1)
(1) An individual who conducts a home inspection while lawfully practicing within the scope of a license, permit or certificate granted to that individual by a state governmental agency.
440.9715(2)
(2) An individual who constructs, repairs or maintains improvements to residential real property, if the individual conducts home inspections only as part of his or her business of constructing, repairing or maintaining improvements to real property and if the individual does not describe himself or herself as a registered home inspector or convey the impression that he or she is a registered home inspector.
440.9715(3)
(3) An individual who conducts home inspections in the normal course of his or her employment as an employee of a federal, state or local governmental agency.
440.9715 History
History: 1997 a. 81.
440.972
440.972
Registration of home inspectors. 440.972(1)(1)
The department shall register an individual under this subchapter if the individual does all of the following:
440.972(1)(a)
(a) Submits an application for registration to the department on a form provided by the department.
440.972(1)(bg)
(bg) Submits evidence satisfactory to the department that he or she has completed at least 40 hours of instruction approved by the department under s.
440.974 (1) (ag).
440.972(1)(c)
(c) Submits evidence satisfactory to the department that he or she is not subject to a pending criminal charge, or has not been convicted of a felony, misdemeanor or other offense, the circumstances of which substantially relate to the practice of home inspection.
440.972(1m)
(1m) The department shall register an individual under this subchapter if the individual is registered or licensed in good standing as a home inspector in another state, the individual complies with sub.
(1) (a),
(b),
(c), and
(d), and the other state has requirements that the department determines meet or exceed those required under sub.
(1).
440.972(2)
(2) The renewal date for certificates granted under this section is specified under s.
440.08 (2) (a) 38g., and the renewal fee for such certificates is determined by the department under s.
440.03 (9) (a).
440.972 History
History: 1997 a. 81;
2007 a. 20;
2021 a. 17.
440.972 Cross-reference
Cross-reference: See also ch.
SPS 131, Wis. adm. code.
440.973(1)(1)
No person may be registered under this subchapter unless he or she passes an examination approved by the department. In approving an examination under this subsection, the department shall consider the use of an examination that is similar to an examination that is required for membership in the American Society of Home Inspectors.
440.973(2)
(2) The department shall conduct examinations for home inspector registration at least semiannually at times and places determined by the department.
440.973(3)
(3) An individual is not eligible for examination unless the individual has satisfied the requirements for registration under s.
440.972 (1) (a) and
(b) at least 30 days before the date of the examination.
440.973 History
History: 1997 a. 81;
2021 a. 17.
440.973 Cross-reference
Cross-reference: See also ch.
SPS 131, Wis. adm. code.
440.974(1)(1)
The department shall promulgate rules necessary to administer this subchapter, including rules to establish all of the following:
440.974(1)(a)
(a) Standards for acceptable examination performance by an applicant for registration.
440.974(1)(b)
(b) Subject to s.
440.975, standards for the practice of home inspection by home inspectors and standards for specifying the mechanical and structural components of improvements to residential real property that are included in a home inspection. The rules promulgated under this paragraph shall include standards for the inspection of carbon monoxide detectors. The rules promulgated under this paragraph may not require a home inspector to use a specified form for the report required under s.
440.975 (3).
440.974(1)(c)
(c) Subject to s.
440.975, the information that a home inspector is required to provide to a client concerning the results of the home inspection conducted by the home inspector.
440.974(2)
(2) The department shall promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subsection shall require the completion of at least 40 hours of continuing education every 2 years, except that the rules may not require continuing education for an applicant for renewal of a registration that expires on the 1st and 2nd renewal dates after the date on which the department initially granted the registration.
440.974 Cross-reference
Cross-reference: See also ch.
SPS 131, Wis. adm. code.
440.975
440.975
Standards of practice. 440.975(1)(1)
In this section, “reasonably competent and diligent inspection" means an inspection that complies with the standards established under this subchapter or the rules promulgated under this subchapter.
440.975(2)
(2) A home inspector shall perform a reasonably competent and diligent inspection to detect observable conditions of an improvement to residential real property. Except for removing an access panel that is normally removed by an occupant of residential real property, this subsection does not require a home inspector to disassemble any component of an improvement to residential real property. A reasonably competent and diligent inspection under this subsection is not required to be technically exhaustive.
440.975(3)
(3) After completing a home inspection, a home inspector shall submit a written report to a client that does all of the following:
440.975(3)(a)
(a) Lists the components of an improvement to residential real property that the home inspector is required to inspect under the rules promulgated under s.
440.974 (1) (b).
440.975(3)(b)
(b) Lists the components of an improvement to residential real property that the home inspector has inspected.
440.975(3)(bm)
(bm) States the property address, the name of the home inspector who conducted the home inspection, the date of the home inspection, the names of the individuals who prepared the report, the date the report was prepared, and, if applicable, the date the report was revised.
440.975(3)(cm)
(cm) Describes any defect that is detected by the home inspector during his or her home inspection. A home inspector shall use the term “defect” in describing a condition in the written report required under this subsection if the home inspector believes the condition satisfies the definition of “defect” under s.
440.97 (2m).
440.975(3)(cr)1.1. Includes a summary page that includes at least all of the following:
440.975(3)(cr)1.b.
b. Other than items labeled as defects, a listing of components needing repairs, components needing further evaluation, items to monitor, and maintenance items.
440.975(3)(cr)2.
2. The summary page shall include references to the page, heading, or item number in the detailed account for further information.
440.975(3)(cr)3.
3. The summary page shall include all of the following statements:
NOTE: This summary page is provided for convenience and is not a substitute for reading the entire report and should not be relied upon as the complete list for the client's reference.
For the purposes of the report, “defect,” as defined in section 440.97 (2m), Wis. Stats., means a condition of any component of an improvement that a home inspector determines, on the basis of the home inspector's judgment on the day of an inspection, would significantly impair the health or safety of occupants of a property or that, if not repaired, removed, or replaced, would significantly shorten or adversely affect the expected normal life of the component of the improvement. The contract of sale may define “defect” to also include a condition that would have a significant adverse effect on the value of the property, but such a condition may not be labeled a defect in the report unless it meets the definition in section 440.97 (2m), Wis. Stats.
NOTE: A home inspector may not report on the market value or marketability of a property or whether a property should or should not be purchased.
440.975(3)(d)
(d) Provides any other information that the home inspector is required to provide under the rules promulgated under s.
440.974 (1) (c).
440.975(4)
(4) A home inspector is not required to report on any of the following:
440.975(4)(a)
(a) The life expectancy of an improvement to residential real property or a component of an improvement to residential real property.
