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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.
subch. IV of ch. 101 SUBCHAPTER IV
101.80 101.80 Definitions. In this subchapter:
101.80(1) (1) "Municipality" means city, town, village and county.
101.80(2) (2) "Public buildings" and "places of employment" include all exterior wiring except wiring owned, leased, operated or maintained by a public utility including any electrical cooperative, in the exercise of its utility function.
101.80 History History: 1979 c. 309; 1983 a. 189; 1995 a. 27.
101.82 101.82 Departmental duties. The department shall:
101.82(1) (1) Adopt rules for the construction and inspection of electrical construction of public buildings and places of employment and for the inspection of electrical construction of places where farming, as defined in s. 101.01 (11), is conducted. Where feasible, the standards used shall be those nationally recognized. No rule may be adopted which does not take into account the conservation of energy in construction and maintenance of buildings.
101.82(2) (2) Adopt rules for the certification, including provisions for suspension and revocation thereof, of electrical inspectors for the purpose of inspecting the electrical wiring of public buildings and places of employment. Persons certified as inspectors may be employees of the department, a municipality or private inspection agency.
101.82(3) (3) Contract to provide inspection services, at municipal expense, to any municipality which requests such service under s. 101.86.
101.82(3m) (3m) Provide inspection services in those municipalities which have not adopted and enforced ordinances providing for inspection of electrical construction under s. 101.86 and defray the cost of this inspection through fees charged to the owner of the inspected building.
101.82(4) (4) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.
101.82 History History: 1979 c. 309; 1989 a. 348; 1995 a. 27.
101.82 Cross-reference Cross Reference: See also s. Comm 16.01, Wis. adm. code.
101.84 101.84 Departmental powers. The department may:
101.84(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 the hearings.
101.84(2) (2) At the request of the owner or tenant, enter, inspect and examine the exterior and interior wiring of a public building or place of employment necessary to ascertain compliance with the rules promulgated under this subchapter.
101.84 History History: 1979 c. 309.
101.86 101.86 Municipal authority.
101.86(1) (1) Municipalities may:
101.86(1)(a) (a) Exercise jurisdiction over electrical construction and inspection of electrical construction in public buildings and places of employment by passage of ordinances, providing such ordinances meet the minimum requirements of the department's rules adopted under this subchapter. A county ordinance shall apply in any city, village or town which has not enacted such an ordinance.
101.86(1)(b) (b) Under s. 66.0301, jointly exercise the jurisdiction granted under par. (a).
101.86(1)(c) (c) By ordinance, establish and collect fees to defray the cost of jurisdiction exercised under par. (a) or (b) or a contract under sub. (2).
101.86(1)(d) (d) By ordinance, provide remedies and penalties for violation of the jurisdiction exercised under par. (a) or (b).
101.86(2) (2) A municipality may contract with the department for those inspection services which the municipality does not perform or contract for under sub. (1) (a) or (b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services under s. 101.82 (4).
101.86(3) (3) The cost of inspection services provided by any county which has enacted an ordinance under sub. (1) or contracted under sub. (2) if not defrayed by fees shall be charged to or taxed upon the property within those cities, villages and towns in the county which have not enacted a local construction and inspection ordinance under sub. (1) or contracted under sub. (2), and no part of the cost of inspection services may be charged to or taxed against the property within any city, village or town which has enacted such an ordinance or contracted under sub. (2).
101.86 History History: 1979 c. 309; 1999 a. 150 s. 672.
101.865 101.865 Regulation of electric wiring.
101.865(1) (1) It is hereby made the duty of every contractor and other person who does any electric wiring in this state to comply with the Wisconsin state electrical code, and the company furnishing the electric current shall obtain proof of such compliance before furnishing such service; provided, that nothing therein contained shall be construed as prohibiting any municipality from making more stringent regulations than those contained in the Wisconsin state electrical code. Proof of such compliance shall consist of a certificate furnished by a municipal or other recognized inspection department or officer, or if there is no such inspection department or officer it shall consist of a written statement furnished by the contractor or other person doing the wiring, indicating that there has been such compliance.
101.865(2) (2) Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined not less than $25 nor more than $100 or imprisoned in the county jail for not less than 30 days nor more than 6 months.
101.865 History History: 1983 a. 164 s. 4; Stats. 1983 s. 101.865; 1989 a. 348; 1997 a. 253.
101.865 Cross-reference Cross Reference: See also s. Comm 16.01, Wis. adm. code.
101.87 101.87 Certification.
101.87(1)(1) The department shall adopt rules establishing a uniform examination for the statewide certification of master electricians and establishing certification requirements for electrical contractors, journeymen electricians and beginning electricians. The rules shall specify that only master electricians and persons who employ at least one master electrician may be certified as electrical contractors; that persons who successfully complete an apprenticeship program lasting for at least 4 years and approved by the U.S. department of labor and by the department or pass an inside journeyman wireman examination and who have installed electrical wiring for at least 48 months and have maintained and repaired electrical wiring for at least one month shall be certified as journeymen electricians; and that only persons who have some experience installing and repairing electrical wiring may be certified as beginning electricians. The rules shall provide for the periodic administration of the examination, shall specify the certification period and examination fee and shall establish criteria for the suspension of the certificate by the department for violations of a municipality's electrical code upon notification of such violations by the municipality. Applicants for certification as electrical contractors shall provide the department with their social security number, their worker's compensation number, their unemployment insurance account number, their state and federal tax identification numbers and the name and address of each partner or member if they are partnerships or limited liability companies, of the owner if they are individual proprietorships and of their officers if they are corporations.
101.87(2) (2) Any municipality which by ordinance requires the licensure of electrical contractors shall issue a license to any electrical contractor who wishes to perform electrical construction work in the municipality upon the submission by the electrical contractor of evidence that at least one of his or her full-time employees has been certified by the state as a master electrician under sub. (1), and upon the payment of the municipality's licensure fee and the posting of any required bond. The municipality's licensure fee may not exceed the amount required to cover the administrative costs of issuing the license.
101.87(3) (3) If a municipality that requires the licensure of electrical contractors on March 28, 1984, thereafter ceases to require such licensure but requires state certification under sub. (1), a person licensed by the municipality may continue to perform electrical construction work in that municipality upon application to the department for restricted certification limited to that municipality. The department may charge a fee for such certification.
101.87(4) (4) No municipality may, before January 1, 1995, require the licensure of electrical contractors unless that municipality requires that licensure on May 11, 1990.
101.87 History History: 1983 a. 164; 1989 a. 348; 1993 a. 112.
101.87 Cross-reference Cross Reference: See also ss. Comm 5.40, 5.41, 5.42, 5.43, 5.44, and 5.45, Wis. adm. code.
101.88 101.88 Compliance and penalties.
101.88(1) (1) Every contractor, designer and owner shall use building materials, methods and equipment which are in conformance with the rules adopted by the department under this subchapter.
101.88(2) (2) All inspections shall be made by persons certified by the department.
101.88(3) (3) Except as provided under s. 101.865 (2), whoever violates this subchapter or any rule promulgated under this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day of violation constitutes a separate offense.
101.88 History History: 1979 c. 309; 1983 a. 164.
101.88 Cross-reference Cross Reference: See also s. Comm 5.62, Wis. adm. code.
subch. V of ch. 101 SUBCHAPTER V
101.91 101.91 Definitions. In this subchapter:
101.91(1g) (1g) "Delivery date" means the date on which a manufactured home is physically delivered to the site chosen by the owner of the manufactured home.
101.91(1i) (1i) "Installation standards" means specifications for the proper installation of manufactured homes at their place of occupancy to ensure proper siting, the joining of all sections of the manufactured home, connection to existing utility services and the installation of stabilization, support, or anchoring systems.
101.91(1j) (1j) "Installer" means a person who is in the business of installing new manufactured homes.
101.91(1m) (1m) "License period" means the period during which a license issued under s. 101.951 or 101.952 is effective, as established by the department under s. 101.951 (2) (b) 1. or 101.952 (2) (b) 1.
101.91(1t) (1t) "Licensed installer" means an installer licensed under s. 101.96 (2) (b).
101.91(1v) (1v) "Licensed manufacturer" means a manufactured home manufacturer licensed under s. 101.95.
101.91(2) (2) "Manufactured home" means any of the following:
101.91(2)(am) (am) A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under 42 USC 5401 to 5425.
101.91(2)(c) (c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.
101.91(3) (3) "Manufactured home dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in, manufactured homes or who is engaged wholly or partially in the business of selling manufactured homes, whether or not the manufactured homes are owned by the person, but does not include:
101.91(3)(a) (a) A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court.
101.91(3)(b) (b) Any public officer while performing that officer's official duty.
101.91(3)(c) (c) Any employee of a person enumerated in par. (a) or (b).
101.91(3)(d) (d) Any lender, as defined in s. 421.301 (22).
101.91(3)(e) (e) A person transferring a manufactured home used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
101.91(4) (4) "Manufactured home owner" means any person who purchases, or leases from another, a manufactured home primarily for use for personal, family or household purposes.
101.91(5m) (5m) "Manufactured home community" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. "Manufactured home community" does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the manufactured homes work on the farm.
101.91(6m) (6m) "Manufactured home community contractor" means a person, other than a public utility, as defined in s. 196.01 (5) (a), who, under a contract with a manufactured home community operator, provides water or sewer service to a manufactured home community occupant or performs a service related to providing water or sewer service to a manufactured home community occupant.
101.91(7) (7) "Manufactured home community occupant" means a person who rents or owns a manufactured home in a manufactured home community.
101.91(8) (8) "Manufactured home community operator" means a person engaged in the business of owning or managing a manufactured home community.
101.91(9) (9) "Manufactured home salesperson" means any person who is employed by a manufactured home manufacturer or manufactured home dealer to sell or lease manufactured homes.
101.91(10) (10) "Mobile home" means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. "Mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.
101.91(11) (11) "New manufactured home" means a manufactured home that has never been occupied, used or sold for personal or business use.
101.91(12) (12) "Used manufactured home" means a manufactured home that has previously been occupied, used or sold for personal or business use.
101.92 101.92 Departmental powers and duties. The department:
101.92(3) (3) Shall review annually the rules adopted under this subchapter.
101.92(4) (4) Shall provide for announced or unannounced inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes to ensure compliance with the rules adopted under this subchapter.
101.92(6) (6) May enter into reciprocal agreements with other states regarding the inspection, installation, and labeling of manufactured homes where the laws or rules of other states meet the intent of this subchapter and where the laws or rules are actually enforced.
101.92(7) (7) Shall establish a staff for the administration and enforcement of this subchapter.
101.92(8) (8) May revoke the license of any manufacturer who violates this subchapter or any rules promulgated thereunder.
101.92(9) (9) Shall promulgate rules and establish standards necessary to carry out the purposes of ss. 101.951 and 101.952.
101.92 Cross-reference Cross Reference: See also s. Comm 5.32, Wis. adm. code.
101.9202 101.9202 Excepted liens and security interests. Sections 101.9203 to 101.9218 do not apply to or affect:
101.9202(1) (1) A lien given by statute or rule of law to a supplier of services or materials for the manufactured home.
101.9202(2) (2) A lien given by statute to the United States, this state or any political subdivision of this state.
101.9202(3) (3) A security interest in a manufactured home created by a manufactured home dealer or manufacturer who holds the manufactured home for sale, which shall be governed by the applicable provisions of ch. 409.
101.9202 History History: 1999 a. 9, 53.
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