Wisconsin Legislature: 001 - EmR2202 Rule Text

Place where comments are to be submitted and deadline for submission: Comments may be submitted to Jon Derenne, Attorney, Department of Safety and

Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the public hearing to be held on February 4, 2022 at 11:00 AM to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. SPS 131.11 (title) and (intro.) are amended to read:

SPS 131.11 Application for home inspector registration on or after January 1, 2001. An applicant for registration as a home inspector who applies for registration on or after January 1, 2001, shall submit all of the following:

SECTION 2. SPS 131.11 (1) (note) is repealed and recreated to read:

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.

SECTION 3. SPS 131.11 (4) is repealed and recreated to read:

SPS 131.11 (4) 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.

SECTION 4. SPS 131.11 (5) is created to read:

SPS 131.11 (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.

SECTION 5. SPS 131.113 and 131.115 are created to read:

SPS 131.113 Reciprocity, generally.

(1) An applicant may apply for home inspector registration by submitting the following materials:

(a) A completed application form.

(b) The fee specified in s. 440.05 (1), Stats.

(d) Evidence that the individual is registered or licensed in good standing as a home inspector in another state.

(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.

(2) The department shall issue a reciprocal home inspector registration if both of the following are true:

(a) The department determines that the applicant satisfies the requirements in sub. (1).

(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 131.115 Reciprocity for service members, former service members, and their spouses.

(1) As used in this section:

(a) “Former service member” has the meaning provided in s. 440.09 (1) (a), Stats.

(b) “Service member” has the meaning provided in s. 440.09 (1) (b), Stats.

(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.

(3) Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

SECTION 6. SPS 131.12 (intro.) is amended to read:

(See PDF for image)SPS 131.12 License renewal. To renew a home inspector registration, a registrant shall, on or before December 15 of each even−numbered year following initial registration, file with the department all of the following:

SECTION 7. SPS 131.12 (2) is amended to read:

SPS 131.12 (2) Evidence that the registrant has, during the biennial period immediately preceding application, complied with the continuing education requirements in subch. V s. SPS 131.41. This subsection does not apply to first and second renewal dates after the date on which the registrant was initially registered by the department.

SECTION 8. SPS 131.21 (1) (note) and (2) are repealed and recreated to read:

SPS 131.21 (1)(note)

SPS 131.21 (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.

SECTION 9. SPS 131.24 (note) is repealed and recreated to read:

SECTION 10. SPS 131.33 (1) (bm) is created to read:

SPS 131.33 (1) (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.

SECTION 11. SPS 131.33 (1) (d) is repealed and recreated to read:

SPS 131.33 (1) (d) 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).

SECTION 12. SPS 131.33 (1) (f) is created to read:

SPS 131.33 (1) (f) A summary page that includes at least all of the following:

1. A list of conditions, labeled as defects, that are observed under par. (d) of this section to be defects.

2. Other than items labeled as defects, a listing of components needing repairs, components needing further evaluation, items to monitor, and maintenance items.

3. References to the page, heading, or item number in the full written report for further information.

4. The disclosures required under s. 440.975 (3) (cr) 3., Stats.

SECTION 13. SPS 131.33 (2m) is repealed. SECTION 14. SPS 131.33 (3m) is repealed.

SECTION 15. SPS 131 sub. V (title) is amended to read:

Subchapter V — Continuing Education Requirements

SECTION 16. SPS 131.40 and 131.405 are created to read:

SPS 131.40 Education requirement for initial registration. Applicants for registration as a home inspector must have completed at least 40 hours of pre-registration instruction approved by the department under s. SPS 131.405.