STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
IN THE MATTER OF RULEMAKING : ORDER OF THE PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY AND DEPARTMENT OF SAFETY AND : PROFESSIONAL SERVICES PROFESSIONAL SERVICES : ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS 054-21, was approved by the Governor on June 3, 2021, published in Register 786A2 on June 7, 2021, and approved by the Department of Safety and Professional Services on June 22, 2021. This emergency rule was approved by the Governor on December 10, 2021. ORDER
An order of the Department of Safety and Professional Services to repeal SPS 131.33 (2m) and (3m), and 131.43 (2); to amend SPS 131.11 (title) and (intro.), 131.12 (intro.) and (2), 131 sub. V (title), and 131.41 (2); to repeal and recreate SPS 131.11 (1) (note),
131.11 (4), 131.21 (1) (note) and (2), 131.24 (note), and 131.33 (1) (d); and to create SPS
131.11 (5), 131.113, 131.115, 131.33 (1) (bm), 131.33 (1) (f), 131.40 and 131.405;
relating to home inspections and home inspector education.
Analysis prepared by the Department of Safety and Professional Services.
EXEMPTION FROM FINDING OF EMERGENCY
2021 Wisconsin Act 17 (Section 11, sub. (3)) authorizes the Department of Safety and Professional Services to promulgate emergency rules to implement Act 17 without a finding of emergency. ANALYSIS
Explanation of agency authority:
Section 227.11 (2) (a), Stats.: “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 440.974, Stats. provides: “(1) The department shall promulgate rules necessary to administer this subchapter, including rules to establish all of the following: (a) Standards for acceptable examination performance by an applicant for registration.
(ag) Standards for instruction for purposes of the requirement under s. 440.972 (1) (bg). (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). (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. (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.”
Related statute or rule: None.
Plain language analysis:
This rule project implements 2021 Wisconsin Act 17, which required the department to create rules relating to the following matters pertinent to home inspection registration and practice: —Require at least 40 hours of pre-registration education experience and provide standards for the department to approve applicant education. The rules require 40 hours of instruction, with at least 20 hours coming from hand-on instruction in the performance of home inspections and home inspection report writing.
—Provide a pathway for individuals credentialed as a home inspector in another state to apply for reciprocal registration as a home inspector in Wisconsin.
—Eliminate the requirement that registrants complete continuing education during their first two renewal periods as a registered home inspector.
—Revise the department’s rules regarding home inspection standards to reflect that home inspection reports must include a summary page with references to the full report, list any defects discovered by the home inspector, and disclosures to the client including a reminder that the summary page is not a substitute for reading the entire report, as well as a statement reminding the client that the home inspector may not provide an opinion on the marketability of the home nor provide an opinion as to whether or not the home should be purchased.
The rule project also brings the department’s rules into compliance with other recent legislative enactments, including the arrest record and conviction discrimination provisions in 2017 Act 278; the special pathway for service members, former service members, and their spouses to obtain reciprocity created under 2019 Act 143; and removed the continuing education audit provision as required by 2017 Act 59. Finally, notes containing incorrect agency contact information have been revised. Summary of, and comparison with, existing or proposed federal regulation: None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
A preliminary hearing on statement of scope was held on June 18, 2021. The following people and entities commented on the proposed scope:
—Julie Arnstein with the Wisconsin Association of Home Inspectors (WAHI) expressed support for the requirement that home inspectors complete pre- registration education and stated that many already do so as part of the process of studying for and taking the required examination. She also expressed support for requiring that at least some of the pre-registration education include field training in the performance of home inspections. She expressed interest in working with the department on providing input in the drafting of the administrative rules.
—Scott Newcomer and Joel Kleefisch with the All American Association of Home Inspectors (AAAHI) also expressed support for requiring field training as part of the pre-registration education requirement. Mr. Newcomer suggested that one- half of the required 40 hours involve field training. He also recommended that education providers be approved by the department in advance. Mr. Newcomer and Mr. Kleefisch expressed interest in working with the department on providing input in the drafting of the administrative rules.
The input received from the WAHI and AAAHI was considered in drafting this rule. A requirement that at least 20 of the 40 hours of required education involve training in the performance of home inspections was incorporated into the rule based on this input.
