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SPS 305.31(4)(b) (b) For any construction project that requires a uniform building permit under s. SPS 320.08, a person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not commence construction until a permit is issued for the construction.
SPS 305.31(4)(c) (c) For any construction project that involves installation or modification of a private onsite wastewater treatment system, a person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not commence construction until a sanitary permit is issued for the construction in accordance with s. SPS 383.21.
SPS 305.31 Note Note: Section 101.16 (4) (a), Stats., provides that: The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
SPS 305.31(5) (5)Renewal.
SPS 305.31(5)(a) (a) Pursuant to s. 101.654 (3), Stats., a dwelling contractor certification or a dwelling contractor — restricted certification shall be valid for no longer than one year after the date of issuance.
SPS 305.31(5)(b)1.1. A person may renew his or her dwelling contractor certification or dwelling contractor — restricted certification.
SPS 305.31(5)(b)2. 2. A dwelling contractor certification or a dwelling contractor — restricted certification shall be renewed in accordance with s. SPS 305.07.
SPS 305.31 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am., Register, March, 1998, No. 507, eff. 4-1-98; am. (1) and (2) (b), Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: renum. (4) to be (4) (a), cr. (4) (b) and (c) Register June 2004 No. 582, eff. 8-1-04; CR 07-007: r. and recr. Register August 2007 No. 620, eff. 9-1-07, except (1) (b) eff. 1-1-08; CR 08-110: am. (1) (a), (4) and (5) Register September 2009 No. 645, eff. 10-1-09; correction in (2) (a), (b), (4) (b), (c), (d), (5) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 19-118: r. (d) Register May 2020 No. 773, eff. 6-1-20.
SPS 305.315 SPS 305.315 Dwelling contractor qualifier.
SPS 305.315(1)(1)General. The purpose of the dwelling contractor qualifier certification is to provide proof of fulfilling the continuing education obligations to the issuers of building permits as required under s. 101.654 (1) (a), Stats.
SPS 305.315(2) (2)Application. A person applying for a dwelling contractor qualifier certification shall submit all of the following:
SPS 305.315(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.315(2)(b) (b) An application fee and a certification fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.315(2)(c) (c) Evidence that the person has completed at least 12 hours in an approved course in dwelling construction within one year prior to the date of application. The course shall include instruction in at least the following subject matter and one or more tests on at least the following subject matter:
SPS 305.315(2)(c)1. 1. Construction laws.
SPS 305.315(2)(c)2. 2. Construction codes.
SPS 305.315(2)(c)3. 3. Construction business practices.
SPS 305.315(3) (3)Renewal.
SPS 305.315(3)(a)1.1. A person may renew his or her certification as a dwelling contractor qualifier.
SPS 305.315(3)(a)2. 2. A dwelling contractor qualifier certification shall be renewed in accordance with s. SPS 305.07.
SPS 305.315(3)(b) (b) The renewal of a certification as a dwelling contractor qualifier shall be contingent upon the individual completing at least 12 hours of approved continuing education prior to the expiration of the certification as specified in s. SPS 305.08 and Table 305.06, except as provided in sub. (5).
SPS 305.315(3)(c) (c) Continuing education shall be obtained through any of the following means:
SPS 305.315(3)(c)1. 1. Attending seminars, corporate in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences meeting the requirements of sub. (4). Attendance may be in person or via remote classroom where a provider is available to participate to comment and answer questions.
SPS 305.315(3)(c)2. 2. Teaching a continuing education program that meets the requirements of sub. (4). A person who teaches may only receive credit for the initial offering or presentation of a course or program during a biennium.
SPS 305.315(3)(c)3. 3. Participating in continuing education program that does not meet in person that meets the requirements of sub. (4) including the completion of interactive short courses or tutorials, delivery of educational programs and courses on CD-ROM or the Internet, webinars, or correspondence courses.
SPS 305.315(3)(c)4. 4. Attending technical or professional society meetings that meet the requirements of sub. (4). A maximum of 6 hours per biennial renewal cycle may be counted toward continuing education requirements.
SPS 305.315(3)(d) (d) Each certification holder shall retain evidence of compliance with continuing education requirements in accordance with s. SPS 305.08 (2).
SPS 305.315(4) (4)Standards for continuing education. Only courses, programs, meetings, and seminars approved by the department in accordance with s. SPS 305.08 shall be used to fulfill continuing education requirements for renewal of a dwelling contractor qualifier certification. Continuing education shall meet all of the following criteria:
SPS 305.315(4)(a) (a) Include instruction in an organized method of learning contributing directly to the professional competency of the certification holder and pertaining to subject matters that integrally relate to the practice of the profession. The instruction shall include amplification, evaluation, examples, and explanation of the course subject matter to the certification holder.
SPS 305.315(4)(b) (b) Be conducted by individuals or entities which have specialized education, training, or experience in the subject matter of the program.
SPS 305.315(4)(c) (c) Include at least 10 review questions for each credit hour if the continuing education credit is obtained through distance education as specified in sub. (3) (c) 3. The department may require submittal of the review questions for approval.
SPS 305.315(4)(d) (d) Include at least 30 questions for each credit hour if the continuing education course, program, or seminar is predominantly question-and-answer based. A minimum score of 70 percent is required to receive continuing education credit. The department may require submittal of the questions for approval.
SPS 305.315(4)(e) (e) Include any of the following content:
SPS 305.315(4)(e)1. 1. Construction laws and codes.
SPS 305.315(4)(e)2. 2. Construction safety topics that are directly related to operating a residential construction business.
SPS 305.315(4)(e)3. 3. Business management, estimating, and job costing.
SPS 305.315(4)(e)4. 4. Changes in construction and business management laws.
SPS 305.315(4)(e)5. 5. Design and building science.
SPS 305.315(4)(e)6. 6. Contracts, liability, and risk management.
SPS 305.315(4)(e)7. 7. Marketing and sales topics regarding the provision of accurate and ethical information to the customer.
SPS 305.315(4)(e)8. 8. Project management, personnel management, and scheduling.
SPS 305.315(4)(e)9. 9. Carpentry, concrete, swimming pool installation, damp proofing a basement, excavation, insulation work, masonry work, painting and decorating, roofing, siding and gutters, screen or storm sash installation, tile and marble work, or house wrecking.
SPS 305.315(4)(e)10. 10. Accounting, finance, and taxes.
SPS 305.315(4)(e)11. 11. Communication and customer service.
SPS 305.315(4)(e)12. 12. Environmental or land use analysis.
SPS 305.315(4)(e)13. 13. Zoning and governance policies and procedures.
SPS 305.315(4)(e)14. 14. Mold, lead, asbestos, or other hazardous material mitigation.
SPS 305.315(4)(e)15. 15. Energy codes and energy conservation methods applicable to residential structures.
SPS 305.315(4)(e)16. 16. Other subject matter approved by the department.
SPS 305.315(5) (5)Waiver. A person who holds a certification as a dwelling contractor qualifier may apply to the department for waiver of the continuing education requirements under sub. (3) (b) on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
SPS 305.315 History History: CR 07-007: cr. Register August 2007 No. 620, eff. 9-1-07; CR 11-020: r. (2) (c) (intro.), 2., renum. (2) (c) 1. to be (2) (c), correction in (2) (a), (b), (3) (a) 2., (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-010: renum. (3) (b) 1., 2. to (3) (b), (5) and am. (b), cr. (3) (c), (d), (4) Register August 2014 No. 704, eff. 9-1-14; correction in (5) (title) made under s. 13.92 (4) (b) 2., Stats., Register August 2014 No. 704, eff. 9-1-14; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715.
SPS 305.32 SPS 305.32 Manufactured home manufacturers.
SPS 305.32(1)(1)General.
SPS 305.32(1)(a)(a) Pursuant to s. 101.95, Stats., no manufacturer of manufactured homes may manufacture, sell or distribute for sale manufactured homes unless the manufacturer holds a license issued by the department as a licensed manufactured home manufacturer.
SPS 305.32(1)(b) (b) A manufactured home manufacturer license shall be required for each manufacturing plant which manufactures homes to be sold or distributed for sale in the state.
SPS 305.32(2) (2)Application for license. A person applying for a manufactured home manufacturer license shall submit all of the following:
SPS 305.32(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.32(2)(b) (b) An application fee and a license fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.32(3) (3)Qualifications for license. The person applying for a manufactured home manufacturer license shall be the owner of the manufacturing business, a partner in the manufacturing business applying on behalf of the partnership, or the chairman of the board or chief executive officer applying on behalf of the manufacturing corporation.
SPS 305.32(4) (4)Responsibilities.
SPS 305.32(4)(a) (a) A person who holds a manufactured home manufacturer license shall post the license at the plant which manufactures homes to be sold or distributed for sale in the state.
SPS 305.32(4)(b) (b) A person who holds a manufactured home manufacturer license shall comply with the warranty and disclosure responsibilities under s. 101.953, Stats.
SPS 305.32(5) (5)Renewal.
SPS 305.32(5)(a) (a) A person may renew his or her manufactured home manufacturer license.
SPS 305.32(5)(b) (b) A manufactured home manufacturer license shall be renewed in accordance with s. SPS 305.07.
SPS 305.32 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; cr. (3m), Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a) and (2) (b), Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: am. Register June 2004 No. 582, eff. 8-1-04; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register February 2006 No. 602; CR 06-071: renum. (3m) to be (3m) (a), cr. (3m) (b) Register November 2006 No. 611, eff. 12-1-06; CR 11-020: renum. (3m), (4) to be (4), (5), Register December 2011 No. 672, eff. 1-1-12; correction in (2) (a), (b), (5) (b), as renumbered, made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 305.323 SPS 305.323 Manufactured home dealer.
SPS 305.323(1)(1)General. Under s. 101.951 (1), Stats., no person may engage in the business of selling manufactured homes to a consumer or to the retail market unless the person holds a license issued by the department as a licensed manufactured home dealer. A branch license shall also be obtained for each branch operated by the licensed manufactured home dealer to sell homes.
SPS 305.323(2) (2)Application for license. A person applying for a manufactured home dealer license shall submit all of the following:
SPS 305.323(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.323(2)(b) (b) An application fee and a license fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.323(2)(c) (c) A license fee for each branch in accordance with s. SPS 305.02, Table 305.02.
SPS 305.323(2)(d) (d) One of the following forms of security:
SPS 305.323(2)(d)1. 1. `Surety bond.' A surety bond shall be filed on form SBD-10679 and issued by a bonding company licensed by this state. The surety bond shall be payable for the benefit of any person sustaining a loss because of an act of the licensee constituting grounds for the suspension or revocation of a license under s. 101.951 (6), Stats.
SPS 305.323(2)(d)2. 2. `Financial statement.' A financial statement shall be filed on form SBD-10678 or the equivalent in accordance with generally accepted accounting principles and be dated not more than 90 days prior to the date of application. A small business, as defined in s. 227.114 (1), Stats., that does no interim financial reporting may submit a financial statement from the close of the business's most recent fiscal year. Financial statements anticipating some future event shall not be accepted.
SPS 305.323(3) (3)Qualifications.
SPS 305.323(3)(a) (a) Minimum net worth or bond. The minimum level of net worth or surety bond of an applicant shall be determined in accordance with Table 305.323-1 for a non-broker or Table 305.323-2 for a broker. The department shall deny the license of any applicant who fails to meet the net worth or surety bond criteria specified in the tables. - See PDF for table PDF - See PDF for table PDF
SPS 305.323(3)(b) (b) Person applying. The person applying for a manufactured home dealer license shall be the owner of the business, a partner in the business applying on behalf of a partnership, or the chairperson of the board or chief executive officer applying on behalf of the corporation.
SPS 305.323(4) (4)Responsibilities. A person who holds a manufactured home dealer license shall post the license at the main business office and shall comply with the trade practices, facilities and records requirements specified in subs. (5) to (9).
SPS 305.323(5) (5)Advertising and sales representations.
SPS 305.323(5)(a)(a) Truthful. The use of false, deceptive or misleading advertising or representations by any licensee to induce the purchase of a manufactured home is prohibited.
SPS 305.323(5)(b) (b) Factual. Any licensee, making a statement of fact to the public in an advertisement, written statement or representation concerning the manufactured home offered for sale, the services provided or any other aspects of business operation, shall, upon request of the department, furnish evidence of the validity and accuracy of the statement of fact at the time it was made.
SPS 305.323(5)(c) (c) Disclosures required when advertising price. When the price of a manufactured home is advertised by a licensee, the advertised price shall include all charges that shall be paid by the retail purchaser to acquire ownership of the advertised home with the exception of sales tax, title registration fees, government required permits, and charges from lenders or other entities.
SPS 305.323(5)(d) (d) Name. Advertisements for manufactured home sales shall include the licensed business name.
SPS 305.323(5)(e) (e) New or used. When advertising a manufactured home, a licensee shall state the model year of the home or whether the home is a new manufactured home or a used manufactured home. If the manufactured homes in an advertisement are either all new or all used, one reference in the advertisement designating that they are new or used is sufficient.
SPS 305.323(5)(f) (f) Expiration terms of sales or promotions. Whenever a sale or promotion offering gifts, merchandise, equipment, accessories, service, discounts, price reductions or cash is advertised, the advertisement shall specifically disclose the expiration terms or date of the sale or promotion.
SPS 305.323(5)(g) (g) Relocations. Whenever a licensee advertises a manufactured home on a rental lot site that may have to be moved as a condition of the sale, that fact shall be stated in the advertisement.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.