SPS 131.02(28)
(28) “Solid fuel heating device" means any wood, coal, or other similar solid organic fuel burning device including, but not limited to, fireplaces, fireplace inserts and stoves, wood stoves, and central furnaces, or any combination of those devices.
SPS 131.02(29)
(29) “Structural component" means a component which supports a load bearing member.
SPS 131.02(30)
(30) “System" means a combination of interacting or interdependent components, assembled to carry out one or more functions.
SPS 131.02(31)
(31) “Technically exhaustive" means the extensive use of measurements, instruments, testing, calculations, and other means to develop scientific or engineering findings, conclusions or recommendations.
SPS 131.02 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; correction in (intro.), (7), (24) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register November 2011 No. 671;
CR 14-010: cr. (4e), (4m), (4s), (25m)
Register August 2014 No. 704, eff. 9-1-14; corrections in (intro.), (24) made under s.
13.92 (4) (b) 7., Stats.,
Register August 2014 No. 704;
EmR1822: emerg. cr. (6m) eff. 9-23-18;
CR 18-076: cr. (6m)
Register May 2019 No. 761, eff. 6-1-19; correction in (24) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2023 No. 805.
SPS 131.03
SPS 131.03 Applicability. As used in s.
440.9712, Stats., the terms “act as a home inspector" and “provide home inspection services" do not include individuals or business entities who inspect the energy-related components of a dwelling unit in order to assess or rate a home's energy performance, provided that the inspection is performed solely for this purpose and the individual or business entity is not described as a home inspector or does not convey the impression of being a home inspector.
SPS 131.03 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99.
SPS 131.11
SPS 131.11 Application for home inspector registration. An applicant for registration as a home inspector shall submit all of the following:
SPS 131.11 Note
Note: Application forms are available on the department's website at
https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
SPS 131.11(4)
(4)
Subject to ss.
111.321,
111.322, and
111.335, Stats., evidence necessary for the department to determine that the applicant is not the subject of a pending criminal charge, nor has been convicted of an offense, the circumstances of which substantially relate to the practice of home inspection.
SPS 131.11(5)
(5) Evidence satisfactory to the department that the applicant has completed at least 40 hours of pre-registration instruction approved by the department under s.
440.974 (1) (ag), Stats.
SPS 131.11 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
CR 14-010: renum. 132.11 from SPS 132.03 and am. (3)
Register August 2014 No. 704, eff. 9-1-14;
EmR2202: emerg. am. (title), (intro.), r. and recr. (4), cr. (5), eff. 1-15-22; CR: 22-004: am. (title), (intro.), r. and recr. (4), cr. (5) Register June 2023 No. 810, eff. 7-1-23. SPS 131.113(1)(1)
An applicant registered or licensed in good standing in another state may apply for home inspector registration by submitting the following materials:
SPS 131.113(1)(d)
(d) Evidence that the individual is registered or licensed in good standing as a home inspector in another state.
SPS 131.113(1)(e)
(e) Subject to ss.
111.321,
111.322, and
111.335, Stats., documentation necessary for the department to determine that the applicant is not the subject of a pending criminal charge, nor has been convicted of an offense, the circumstances of which substantially relate to the practice of home inspection.
SPS 131.113(2)
(2) The department shall issue a reciprocal home inspector registration if both of the following are true:
SPS 131.113(2)(a)
(a) The department determines that the applicant satisfies the requirements in sub.
(1).
SPS 131.113(2)(b)
(b) The department determines that the requirements for registration or licensure in the state where the applicant is currently registered or licensed meet or exceed the requirements in sub.
(1).
SPS 131.113 Note
Note: Application forms are available on the department's website at
https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
SPS 131.113 History
History: EmR2202: emerg. cr., eff. 1-15-22; CR 22-004: cr. Register June 2023 No. 810, eff. 7-1-23. SPS 131.115
SPS 131.115 Reciprocity for service members, former service members, and their spouses. SPS 131.115(2)
(2) The department shall register as a home inspector a service member, former service member, or spouse of a service member or former service member, who the board determines meets all of the requirements under s.
440.09 (2), Stats.
SPS 131.115(3)
(3) Subject to s.
440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.
SPS 131.115 Note
Note: Application forms are available on the department's website at
https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
SPS 131.115 History
History: EmR2202: emerg. cr., eff. 1-15-22; CR 22-004: cr. Register June 2023 No. 810, eff. 7-1-23. SPS 131.12
SPS 131.12 License renewal. To renew a home inspector registration, a registrant shall file with the department all of the following:
SPS 131.12(1)
(1) An application for renewal on a form provided by the department.
SPS 131.12(2)
(2) Evidence that the registrant has, during the biennial period immediately preceding application, complied with the continuing education requirements in subch.
V. This subsection does not apply to first and second renewal dates after the date on which the registrant was initially registered by the department.
SPS 131.12 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) (intro.), (b), (2) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
CR 13-030: am. (1) (intro.)
Register November 2013 No. 695, eff. 12-1-13;
CR 14-010: renum. 131.12 (title), (intro.), (1) to (3) from SPS 132.05 (title), (1) (intro.), (1) (a) to (c) and am. (title), (intro.), (2)
Register August 2014 No. 704, eff. 9-1-14; correction in (2) under s.
13.92 (4) (b) 7. Register August 2014 No. 704, eff. 9-1-14;
EmR2202: emerg. am. (intro.), (2), eff. 1-15-22; CR 22-004: am. (intro.), (2) Register June 2023 No. 810, eff. 7-1-23.
SPS 131.13
SPS 131.13 Late renewal. A registrant who fails to meet the requirements of s.
SPS 131.12 by the renewal date may not engage in practice as a home inspector until the registration is renewed. A registrant who fails to meet the requirements of s.
SPS 131.12 by the renewal date and who applies for renewal less than 5 years after the expiration date of his or her registration may renew by submitting all of the following to the department:
SPS 131.13(1)
(1) An application for renewal on a form provided by the department.
SPS 131.13(2)
(2) Evidence that the registrant has, during the biennial period immediately preceding application, completed the continuing education requirements specified in subch.
V.
SPS 131.13 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99;
CR 14-010: renum. 131.13 (intro.), (1) to (4) from SPS 132.05 (2) (intro.), (a) to (c) and cr. (title) and am. (intro.), (2)
Register August 2014 No. 704, eff. 9-1-14; correction in (2) under s.
13.92 (4) (b) 7. Register August 2014 No. 704, eff. 9-1-14.
SPS 131.14
SPS 131.14 Reinstatement of license. If an application for restoring a registration occurs 5 years or more after expiration of the applicant's most recent registration, the applicant's registration may be reinstated by filing with the department an application and the fees specified in s.
440.08 (3) (a), Stats. The department may also require demonstration of competence by various methods including, but not limited to, written or oral examination, documentation of home inspection in other jurisdictions, or documentation of current education or experience in the field. Any examination or education required under this section may not be more extensive than the educational or examination requirements for initial registration with the department.
SPS 131.14 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) (intro.), (b), (2) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
CR 13-030: renum. 131.14 from SPS 132.05 (3) and cr. (title) and am.
Register November 2013 No. 695, eff. 12-1-13.
SPS 131.15
SPS 131.15 Denial of registration. An application for registration under this chapter may be denied for fraud or misrepresentation in the application for registration, or for any of the grounds under s.
440.978, Stats., for which the department may discipline a registrant.
SPS 131.15 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99;
CR 14-010: renum. 131.15 from SPS 132.06
Register August 2014 No. 704, eff. 9-1-14.
SPS 131.21(1)(1)
An applicant for registration as a home inspector shall file an application for examination on a form prescribed by the department and shall submit a fee specified in s.
440.05 (1) (b), Stats., at least 30 days before the date of the examination.
SPS 131.21 Note
Note: Application forms are available on the department's website at
https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266-2112.
SPS 131.21(2)
(2) The examination consists of two parts. Part I shall consist of an examination relating to the Wisconsin statutes and administrative rules that relate to the practice of home inspection. Part II shall consist of an examination relating to the principles and procedures that relate to the practice of home inspection.
SPS 131.21 Note
Note: An otherwise qualified applicant with a disability shall be provided with reasonable accommodations.
SPS 131.21 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; am. (3),
Register, May, 2001, No. 545, eff. 6-1-01;
CR 14-010: renum. 131.21 (title), (1), (2) from SPS 133.01 (title), (1), (3)
Register August 2014 No. 704, eff. 9-1-14; correction in (title) made under s.
13.92 (4) (b) 2., Stats.,
Register August 2014 No. 704, eff. 9-1-14;
EmR2202: emerg.am. (2), eff. 1-15-22; CR 22-004: am. (2) Register June 2023 No. 810, eff. 7-1-23.
SPS 131.22(1)(1)
To pass each examination part the applicant shall receive a grade determined by the department to represent the minimum competence to practice. The department shall determine the passing grade for part I of the examination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing grade for the examination at that point which represents minimum acceptable competence in the profession. The department shall determine the passing grade for part II of the examination in the same manner as for part I or the department may accept the passing grade recommendation of a testing agency whose examination has been approved by the department.
SPS 131.22(2)
(2) The department may refuse to release grades or issue a home inspector registration if the department determines that an applicant violated the rules of conduct of the examination or otherwise acted dishonestly.
SPS 131.22 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; am. (1),
Register, May, 2001, No. 545, eff. 6-1-01;
CR 14-010: renum. 131.22 from SPS 133.02
Register August 2014 No. 704, eff. 9-1-14.
SPS 131.23
SPS 131.23 Examination review. An applicant who fails the required examination may request a review of that examination as permitted by the examination provider. If a review is provided, all of the following conditions apply:
SPS 131.23(1)
(1) An applicant shall file a written request with the department within 30 days after the date on which the examination results were mailed and pay the fee specified in s.
SPS 4.05.
SPS 131.23(2)
(2) An applicant may review the examination by appointment only and shall be limited to the time permitted by the examination provider.
SPS 131.23(3)
(3) An applicant may not be accompanied during the review by any person other than the proctor.
SPS 131.23(4)
(4) An applicant shall be provided with a form on which to write comments, questions or claims of error regarding any items in the examination. Bound reference books shall be permitted. An applicant may not remove any notes from the area. Notes shall be retained by the proctor and made available to the applicant for use at a hearing, if desired. The proctor may not defend the examination nor attempt to refute claims of error during the review.
SPS 131.23(5)
(5) An applicant may not review the examination more than once.
SPS 131.23 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671;
CR 14-010: renum. 131.23 from SPS 133.03
Register August 2014 No. 704, eff. 9-1-14.
SPS 131.24
SPS 131.24 Reexamination. An applicant who fails to achieve passing grades on the examinations required under this chapter may apply for reexamination on forms provided by the department. For each reexamination, the applicant shall pay the reexamination fee specified in s.
440.06, Stats.
SPS 131.24 Note
Note: Application forms are available on the department's website at
https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 2662112.
SPS 131.24 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99;
CR 14-010: renum. 131.24 from SPS 133.04
Register August 2014 No. 704, eff. 9-1-14.
SPS 131.31(1)(1)
A home inspector shall perform a reasonably competent and diligent home inspection of the readily accessible installed systems and components required to be inspected under s.
SPS 131.32 to detect observable conditions of an improvement to residential real property. A reasonably competent and diligent home inspection is not required to be technically exhaustive.
SPS 131.31(2)
(2) This section does not require a home inspector to do any of the following:
SPS 131.31(2)(b)
(b) Calculate the strength, adequacy or efficiency of any component of an improvement to residential real property.
SPS 131.31(2)(c)
(c) Enter any area or perform any procedure that may damage an improvement to residential real property or a component of an improvement to residential real property, or enter any area or perform any procedure that may be dangerous to the home inspector or to other persons.
SPS 131.31(2)(d)
(d) Operate any component of an improvement to residential real property that is inoperable.
SPS 131.31(2)(e)
(e) Operate any component of an improvement to residential real property that does not respond to normal operating controls.
SPS 131.31(2)(f)
(f) Disturb insulation or move personal items, furniture, equipment, vegetation, soil, snow, ice or debris that obstructs access to or visibility of an improvement to residential real property or a component of an improvement to residential real property.
SPS 131.31(2)(g)
(g) Determine the effectiveness of a component of an improvement to residential real property that was installed to control or remove suspected hazardous substances.
SPS 131.31(2)(h)
(h) Evaluate acoustic characteristics of a component of an improvement to residential real property.
SPS 131.31(2)(i)
(i) Project or estimate the operating costs of a component of an improvement to residential real property.
SPS 131.31(2)(j)
(j) Predict future conditions, including the failure of component of an improvement to residential real property.
SPS 131.31(2)(k)
(k) Inspect for the presence or absence of pests, including rodents, insects and wood-damaging organisms.
SPS 131.31(2)(L)
(L) Inspect cosmetic items, underground items or items not permanently installed.
