reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9209 - Transfer of interest in a manufactured home.

101.9209
Transfer of interest in a manufactured home.
(1)
(a)
If an owner transfers an interest in a manufactured home, other than by the creation of a security interest, the owner shall, at the time of the delivery of the manufactured home, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee. This paragraph does not apply if the owner has no certificate of title as a result of the exemption under s. 101.9203 (4).
(b)
Any person who holds legal title of a manufactured home with one or more other persons may transfer ownership of the manufactured home under this subsection if legal title to the manufactured home is held in the names of such persons in the alternative, including a manufactured home held in a form designating the holder by the words “(name of one person) or (name of other person)".
(2)
Except as otherwise provided in this subsection, promptly after delivery to him or her of the manufactured home, the transferee shall execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to the department. This subsection does not apply to a transferee who is exempt from making application for a certificate of title under s. 101.9203 (4).
(3)
A transfer by an owner is not effective until the applicable provisions of this section have been complied with. An owner who has delivered possession of the manufactured home to the transferee and has complied with the provisions of this section requiring action by him or her is not liable as owner for any damages thereafter resulting from use of the mobile home.
(4)
Any owner of a manufactured home for which a certificate of title has been issued, who upon transfer of the manufactured home fails to execute and deliver the assignment and warranty of title required by sub. (1), may be required to forfeit not more than $500.
(5)
(a)
Any transferee of a manufactured home who fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be required to forfeit not more than $200.
(b)
Any transferee of a manufactured home who, with intent to defraud, fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be fined not more than $1,000 or imprisoned for not more than 30 days or both.
(c)
A certificate is considered under this subsection to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid.
History:  1999 a. 9, 53; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9212 - When department to issue a new certificate.

101.9212
When department to issue a new certificate.
(1)
Except as otherwise provided in this subsection, the department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other transfer documents required by law, to support the transfer, shall issue a new certificate of title in the name of the transferee as owner. The department may not require a person to provide a properly assigned certificate of title if the manufactured home for which the new certificate of title is requested has no certificate of title as a result of the exemption under s. 101.9203 (4).
(2)
The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the transfer constituted a termination of the owner's interest or a sale under a security agreement by a secured party named in the certificate, under s. 101.9211 (2), the new certificate shall be issued free of the names and addresses of the secured party who terminated the owner's interest and of all secured parties subordinate under s. 101.9213 to such secured party. If the outstanding certificate of title is not delivered to it, the department shall make demand therefor from the holder of such certificate.
(3)
The department shall retain for 5 years a record of every surrendered certificate of title, the record to be maintained so as to permit the tracing of title for the manufactured home designated therein.
History:  1999 a. 9, 53, 185; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9213 - Perfection of security interests.

101.9213
Perfection of security interests.
(1)
Unless excepted by s. 101.9202, a security interest in a manufactured home of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or secured parties of the manufactured home unless perfected as provided in ss. 101.9202 to 101.9218.
(2)
Except as provided in sub. (3), a security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee. The security interest is perfected as of the later of the time of its delivery or the time of the attachment of the security interest.
(3)
If a secured party whose name and address is contained on the certificate of title for a manufactured home acquires a new or additional security interest in the manufactured home, such security interest is perfected at the time of its attachment under s. 409.203.
(4)
An unperfected security interest is subordinate to the rights of persons described in s. 409.317.
(5)
The rules of priority stated in s. 409.322, the other sections therein referred to, and subch. III of ch. 409 shall, to the extent appropriate, apply to conflicting security interests in a manufactured home of a type for which a certificate of title is required, or in a previously certificated manufactured home, as defined in s. 101.9222 (1). A security interest perfected under this section or under s. 101.9222 (4) or (5) is a security interest perfected otherwise than by filing for purposes of s. 409.322.
(6)
The rules stated in subch. VI of ch. 409 governing the rights and duties of secured parties and debtors and the requirements for, and effect of, disposition of a manufactured home by a secured party, upon default shall, to the extent appropriate, govern the rights of secured parties and owners with respect to security interests in manufactured homes perfected under ss. 101.9202 to 101.9218.
(7)
If a manufactured home is subject to a security interest when brought into this state, s. 409.316 states the rules that apply to determine the validity and perfection of the security interest in this state.
(8)
Upon request of a person who has perfected a security interest under this section, as shown by the records of the department, in a manufactured home titled in this state, whenever the department receives information from another state that the manufactured home is being titled in the other state and the information does not show that the security interest has been satisfied, the department shall notify the person. The department shall establish, by rule under s. 101.19, a fee of not less than $2 for each notification.
History:  1999 a. 9, 53, 185; 2001 a. 10; 2005 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9214 - Duties on creation of security interest.

101.9214
Duties on creation of security interest.
If an owner creates a security interest in a manufactured home, unless the name and address of the secured party already is contained on the certificate of title for the manufactured home:
(1)
The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form or in an automated format prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party, and cause the certificate, application and the required fee to be delivered to the secured party.
(2)
The secured party shall immediately cause the certificate, the application and the required fee to be mailed or delivered to the department.
(3)
Upon receipt of the certificate of title, the application and the required fee, the department shall issue to the owner a new certificate containing the name and address of the new secured party. The department shall deliver to the new secured party and to the register of deeds of the county of the owner's residence memoranda, in such form as the department prescribes, evidencing the notation of the security interest upon the certificate; and thereafter, upon any assignment, termination or release of the security interest, additional memoranda evidencing such action.
(4)
The register of deeds may record, and maintain a file of, all memoranda received from the department under sub. (3). Such recording, however, is not required for perfection, release or assignment of security interests, which shall be effective upon compliance with ss. 101.9213 (2), 101.9215 and 101.9216 (1) and (2).
History:  1999 a. 9, 53.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9215 - Assignment of security interest.

101.9215
Assignment of security interest.
(1)
Except as otherwise provided in s. 409.308 (5), a secured party may assign, absolutely or otherwise, the party's security interest in the manufactured home to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate.
(2)
Subject to s. 409.308 (5), the assignee may but need not, to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as secured party, upon delivering to the department the certificate and an assignment by the secured party named in the certificate in the form that the department prescribes.
History:  1999 a. 9, 53; 2001 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9216 - Release of security interest.

101.9216
Release of security interest.
(1)
Within one month, or within 10 days following written demand by the debtor, after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a manufactured home under any security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the department prescribes, a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under sub. (2). If the secured party fails to execute and deliver the release and notice of the owner's obligation as required by this subsection, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.
(2)
The owner, other than a manufactured home dealer holding the manufactured home for resale, upon receipt of the release and notice of obligation shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the secured party's rights on the certificate and issue a new certificate.
(3)
The department may remove information pertaining to a security interest perfected under s. 101.9213 from its records when 20 years after the original perfection has elapsed unless the security interest is renewed in the same manner as provided in s. 101.9213 (2) for perfection of a security interest.
(4)
Removal of information pertaining to a security interest from the records of the department under sub. (3) does not affect any security agreement between the owner of a manufactured home and the holder of security interest in the manufactured home.
History:  1999 a. 9, 53, 185.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9217 - Secured party's and owner's duties.

101.9217
Secured party's and owner's duties.
(1)
A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information as to the party's security agreement and the indebtedness secured by it.
(2)
(a)
An owner shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the manufactured home described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected. Any owner who fails to deliver the certificate of title to a secured party requesting it under this paragraph shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $200.
(b)
No secured party may take possession of any certificate of title except as provided in par. (a). Any person who violates this paragraph may be required to forfeit not more than $1,000.
(3)
Any secured party who fails to disclose information under sub. (1) shall be liable for any loss caused to the owner by the failure to disclose information.
History:  1999 a. 9, 53, 185.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9218 - Applicability of manufactured home security provisions.

101.9218
Applicability of manufactured home security provisions.
(1)
Method of perfecting exclusive. Subject to s. 409.311 (4) and except as provided in sub. (2), the method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of security interests subject to ss. 101.921 to 101.9217 is exclusive. Security interests subject to ss. 101.921 to 101.9217 are exempt from the provisions of law that otherwise require or relate to the filing of instruments creating or evidencing security interests.
(2)
Fixtures excluded. Notwithstanding ss. 101.921 to 101.9217, the method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of security interests does not apply to a manufactured home that is a fixture to real estate or to a manufactured home that the owner intends, upon acquiring, to permanently affix to land that the owner of the manufactured home owns.
History:  1999 a. 9, 53, 185; 2001 a. 10, 16.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9219 - Withholding certificate of title; bond.

101.9219
Withholding certificate of title; bond.
(1)
The department may not issue a certificate of title until the outstanding evidence of ownership is surrendered to the department.
(2)
If the department is not satisfied as to the ownership of the manufactured home or that there are no undisclosed security interests in it, the department, subject to sub. (3), shall either:
(a)
Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the manufactured home and that there are no undisclosed security interests in it; or
(b)
Issue a distinctive certificate of title pursuant to s. 101.9206 (3) or 101.9222 (3).
(3)
Notwithstanding sub. (2), the department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:
(a)
The applicant is a manufactured home dealer licensed under s. 101.951 and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under ss. 138.09 or 218.0101 to 218.0163, a bank organized under the laws of this state, or a national bank located in this state.
(b)
The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the manufactured home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the manufactured home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title for the manufactured home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the manufactured home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the manufactured home, or if the currently valid certificate of title for the manufactured home is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
History:  1999 a. 9, 53, 185; 2001 a. 38.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.922 - Suspension or revocation of certificate.

101.922
Suspension or revocation of certificate.
(1)
The department shall suspend or revoke a certificate of title if it finds any of the following:
(a)
That the certificate of title was fraudulently procured, erroneously issued or prohibited by law.
(b)
That the manufactured home has been scrapped, dismantled or destroyed.
(c)
That a transfer of title is set aside by a court of record by order or judgment.
(2)
Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
(3)
When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.
(4)
The department may seize and impound any certificate of title that has been suspended or revoked.
History:  1999 a. 9, 53, 185.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9221 - Grounds for refusing issuance of certificate of title.

101.9221
Grounds for refusing issuance of certificate of title.
The department shall refuse issuance of a certificate of title if any required fee has not been paid or for any of the following reasons:
(1)
The department has reasonable grounds to believe that:
(a)
The person alleged to be the owner of the manufactured home is not the owner.
(b)
The application contains a false or fraudulent statement.
(2)
The applicant has failed to furnish any of the following:
(a)
If applicable, the power of attorney required under 15 USC 1988 or rules of the department.
(b)
Any other information or documents required by law or by the department pursuant to authority of law.
(3)
The applicant is a manufactured home dealer and is prohibited from applying for a certificate of title under s. 101.921 (1) (a) or (b).
(4)
Except as provided in ss. 101.9203 (3) and 101.921 (1) (a) for a certificate of title and registration for a manufactured home owned by a nonresident, the applicant is a nonresident and the issuance of a certificate of title has not otherwise been authorized by rule of the department.
History:  1999 a. 9, 53.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.9222 - Previously certificated manufactured homes.

101.9222
Previously certificated manufactured homes.
(1)
In this section, “previously certificated manufactured home" means a manufactured home for which a certificate of title has been issued by the department of transportation prior to July 1, 2000.
(2)
Sections 101.9213 to 101.9218 do not apply to a previously certificated manufactured home until one of the following occurs:
(a)
There is a transfer of ownership of the manufactured home.
(b)
The department issues a certificate of title for the manufactured home under this chapter.
(3)
If the department is not satisfied that there are no undisclosed security interests, created before July 1, 2000, in a previously certificated manufactured home, the department shall, unless the applicant fulfills the requirements of s. 101.9219 (3), issue a distinctive certificate of title for the manufactured home containing the legend “This manufactured home may be subject to an undisclosed security interest" and any other information that the department prescribes.
(4)
After July 1, 2000, a security interest in a previously certificated vehicle may be created and perfected only by compliance with ss. 101.9213 and 101.9218.
(5)
(a)
If a security interest in a previously certificated manufactured home is perfected under any other applicable law of this state on July 1, 2000, the security interest continues perfected:
1.
Until its perfection lapses under the law under which it was perfected, or until its perfection would lapse in the absence of a further filing or renewal of filing, whichever occurs sooner.
2.
If, before the security interest lapses as described in subd. 1., there is delivered to the department the existing certificate of title together with the application and fee required by s. 101.9214 (1). In such case the department shall issue a new certificate pursuant to s. 101.9214 (3).
(b)
If a security interest in a previously certificated manufactured home was created, but was unperfected, under any other applicable law of this state on July 1, 2000, it may be perfected under par. (a).
History:  1999 a. 9, 53, 185; 2001 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.933 - Manufactured housing code council duties.

101.933
Manufactured housing code council duties.
The manufactured housing code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide manufactured housing code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matter related to this subchapter, including recommendations with regard to licensure and professional discipline of manufacturers of manufactured homes, manufactured home dealers, manufactured home salespersons, and installers, and with regard to consumer protection applicable to consumers of manufactured homes. In making recommendations, the council shall consider the likely costs of any proposed rules to consumers in relation to the benefits that are likely to result therefrom.
History:  2005 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.934 - Manufactured housing rehabilitation and recycling.

101.934
Manufactured housing rehabilitation and recycling.
(2)
Grant program.
(a)
The department may make grants under this section to provide financial assistance to persons engaged in the disposal of abandoned manufactured homes and to municipalities, for the purpose of supporting environmentally sound disposal practices.
(b)
The department may make grants under this section to provide financial assistance to individuals who reside in manufactured homes that are in need of critical repairs. An individual is eligible for a grant under this paragraph only if the individual is otherwise unable to finance the critical repairs.
(3)
Administration. The department shall contract with one or more entities that are exempt from taxation under section 501 (a) of the Internal Revenue Code and that employ individuals with technical expertise concerning manufactured housing for the administration of the grant program under this section. The department shall promulgate rules to establish the grant program under this section. To the extent feasible, the department shall coordinate the program under this section with the state housing strategy plan under s. 16.302.
History:  2005 a. 45; 2011 a. 32 ss. 3380m to 3381f; Stats. 2011 s. 101.934.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.937 - Water and sewer service to manufactured home communities.

101.937
Water and sewer service to manufactured home communities.
(1)
Rules. The department shall promulgate rules that establish standards for providing water or sewer service by a manufactured home community operator or manufactured home community contractor to a manufactured home community occupant, including requirements for metering, billing, depositing, arranging deferred payment, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable.
(2)
Permanent improvements. A manufactured home community operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to manufactured home community occupants through ongoing rates for water or sewer service.
(3)
Enforcement.
(a)
On its own motion or upon a complaint filed by a manufactured home community occupant, the department may issue an order or commence a civil action against a manufactured home community operator or manufactured home community contractor to enforce this section, any rule promulgated under sub. (1), or any order issued under this paragraph.
(b)
The department of justice, after consulting with the department, or any district attorney may commence an action in circuit court to enforce this section.
(4)
Private cause of action. Any person suffering pecuniary loss because of a violation of any rule promulgated under sub. (1) or order issued under sub. (3) (a) may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable attorney fees.
(5)
Penalties.
(a)
Any person who violates any rule promulgated under sub. (1) or any order issued under sub. (3) (a) shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense.
(b)
Any person who intentionally violates any rule promulgated under sub. (1) or order issued under sub. (3) (a) shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both. Each violation and each day of violation constitutes a separate offense.
History:  2001 a. 16 ss. 2541, 3003 to 3007; 2005 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.94 - Manufactured home and mobile home manufacturers, distributors and dealers: design and construction of manufactured homes and mobile homes.

101.94
Manufactured home and mobile home manufacturers, distributors and dealers: design and construction of manufactured homes and mobile homes.
(1)
Mobile homes manufactured, distributed, sold or offered for sale in this state shall conform to the code promulgated by the American national standards institute and identified as ANSI 119.1, including all revisions thereof in effect on August 28, 1973, and further revisions adopted by the department and the department of health services. The department may establish standards in addition to those required under ANSI 119.1. This subsection applies to units manufactured or assembled after January 1, 1974, and prior to June 15, 1976.
(2)
No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with 42 USC 5401 to 5425 and applicable regulations.
(7)
The department shall hear and decide petitions brought under this subchapter in the manner provided under s. 101.02 (6) (e) to (i) and (8) for petitions concerning property.
(8)
(a)
Except as provided in par. (c), a person who violates this subchapter, a rule promulgated under this subchapter or an order issued under this subchapter shall forfeit not more than $1,000 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 for a related series of violations occurring within one year of the first violation.
(b)
Any individual or a director, officer or agent of a corporation who knowingly and willfully violates this subchapter in a manner which threatens the health or safety of a purchaser may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
(c)
A person who violates s. 101.935, a rule promulgated under s. 101.935 or an order issued under s. 101.935 may be required to forfeit not less than $10 nor more than $250 for each violation. Each day of continued violation constitutes a separate violation.
History:  1973 c. 116; 1977 c. 29; 1979 c. 221 ss. 552 to 556, 2202 (25); 1983 a. 27 ss. 1375r to 1375s, 2200 (25); 1989 a. 31; 1995 a. 27 s. 9126 (19); 1997 a. 283; 1999 a. 9, 53; 2001 a. 109; 2005 a. 45; 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.95 - Manufactured home manufacturers regulated.

101.95
Manufactured home manufacturers regulated.
The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes in this state, including fees for the licensing of manufacturers.
History:  1973 c. 116; 1983 a. 27 ss. 1375t, 2200 (25); 1999 a. 53; 2005 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.952 - Manufactured home salespersons regulated.

101.952
Manufactured home salespersons regulated.
(1)
No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state without a license therefor from the department. If a manufactured home dealer acts as a manufactured home salesperson the dealer shall secure a manufactured home salesperson's license in addition to the license for engaging as a manufactured home dealer.
(2)
(a)
Applications for a manufactured home salesperson's license and renewals thereof shall be made to the department on such forms as the department prescribes and furnishes and shall be accompanied by the license fee required under par. (bm). The application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the department requires.
(b)
1.
The department shall, by rule, establish the license period under this section.
2.
The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
(bm)
Fees for licensing of manufactured home salespersons shall be established by the department by rule under s. 101.19.
(3)
Every licensee shall carry his or her license when engaged in his or her business and display the same upon request.
(5)
The provision of s. 218.0116 relating to the denial, suspension, and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension, and revocation of a manufactured home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension, or revocation of a license under s. 440.13.
(6)
The provisions of ss. 218.0116 (9) and 218.0152 shall apply to this section, manufactured home sales practices and the regulation of manufactured home salespersons, as far as applicable.
History:  1999 a. 9, 53, 186; 2005 a. 45; 2011 a. 146; 2017 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.954 - Sale or lease of used manufactured homes.

101.954
Sale or lease of used manufactured homes.
In the sale or lease of any used manufactured home, the sales invoice or lease agreement shall contain the point of manufacture of the used manufactured home, the name of the manufacturer and the name and address of the previous owner of the manufactured home.
History:  1999 a. 9, 53.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.955 - Jurisdiction and venue over out-of-state manufacturers.

101.955
Jurisdiction and venue over out-of-state manufacturers.
(1)
The importation of a manufactured home for sale in this state by an out-of-state manufacturer is considered an irrevocable appointment by that manufacturer of the department of financial institutions to be that manufacturer's true and lawful attorney upon whom may be served all legal processes in any action or proceeding against such manufacturer arising out of the importation of such manufactured home into this state.
(2)
The department of financial institutions upon whom processes and notices may be served under this section shall, upon being served with such process or notice, mail a copy by registered mail to the out-of-state manufacturer at the nonresident address given in the papers so served. The original shall be returned with proper certificate of service attached for filing in court as proof of service. The service fee shall be $4 for each defendant so served. The department of financial institutions shall keep a record of all such processes and notices, which record shall show the day and hour of service.
History:  1999 a. 9, 53.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.965 - Penalties.

101.965
Penalties.
(1)
Any person who violates ss. 101.953 to 101.955, or any rule promulgated under ss. 101.953 to 101.955, may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
(1p)
Any person who violates s. 101.96 or any rule promulgated under that section may be required to forfeit not less than $25 nor more than $500 for each violation. Each day of continued violation constitutes a separate violation.
(1t)
Upon request of the department, the attorney general may commence an action in a court of competent jurisdiction to enjoin any installer from installing a manufactured home in violation of s. 101.96 (2).
(2)
In any court action brought by the department for violations of this subchapter, the department may recover all costs of testing and investigation, in addition to costs otherwise recoverable, if it prevails in the action.
(3)
Nothing in this subchapter prohibits the bringing of a civil action against a manufactured home manufacturer, manufactured home dealer or manufactured home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the manufactured home manufacturer, manufactured home dealer or manufactured home salesperson, that constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.
History:  1999 a. 9, 53, 185; 2005 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.981 - Definitions; modification by rule.

101.981
Definitions; modification by rule.
(1)
Except as provided in sub. (2), in this subchapter:
(a)
“Amusement or thrill ride" has the meaning given s. 101.19 (1b) (b).
(b)
“Belt manlift" means a power-driven, looped belt equipped with steps or platforms and a hand hold for the transportation of people from one floor of a building or structure to another.
(c)
“Conveyance" means an elevator, an escalator, a dumbwaiter, a belt manlift, a moving walkway, a platform lift, and a stairway chair lift, and any other similar device, such as an automated people mover, used to elevate or move people or things, as provided in the rules of the department. “Conveyance" does not include a personnel hoist; a material hoist; a grain elevator; a lift as defined in s. 167.33 (1) (f); an amusement or thrill ride; or a vertical platform lift, inclined platform lift, or a stairway chair lift that serves an individual residential dwelling unit.
(d)
“Dumbwaiter" means a hoisting and lowering mechanism that satisfies all of the following conditions:
1.
Is equipped with a compartment that moves in guides in a substantially vertical direction and has a floor area of not more than 9 square feet.
2.
Has a maximum lifting and lowering capacity of not more than 500 pounds.
3.
Is used exclusively for carrying materials.
(e)
“Elevator" means a hoisting or lowering machine, other than a dumbwaiter, equipped with a compartment or platform that moves in guides and serves 2 or more floors or landings of a building or structure.
(f)
“Escalator" means a power-driven, moving stairway used for raising and lowering people.
(g)
“Material hoist" means a hoist, other than a personnel hoist, that is used to raise or lower materials during construction, alteration, or demolition of a building or structure.
(h)
“Personnel hoist" means a hoist that is installed inside or outside a building or structure during the construction, alteration, or demolition of the building or structure and that is used to raise and lower workers, other personnel, and materials which the hoist is designed to carry.
(2)
The department shall promulgate rules establishing additional definitions to the extent the department deems necessary for the proper administration and enforcement of this subchapter. The department, by rule, may modify definitions established under sub. (1). To the extent practicable, the department shall ensure that any definitions or modifications promulgated under this subsection are consistent with national, industry-wide safety standards governing matters regulated by this subchapter.
History:  2005 a. 456; 2011 a. 32, 199, 209.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.982 - Conveyance safety code.

101.982
Conveyance safety code.
The department shall promulgate rules establishing standards for the safe installation and operation of conveyances. In promulgating rules under this section the department shall consider the recommendations of the conveyance safety code council under s. 101.986. The rules shall be consistent, to the extent practicable, with national, industry-wide safety standards applicable to conveyances. The rules shall require any testing of conveyances or related equipment required under the rules to be performed by an elevator mechanic licensed under s. 101.985 (2). The rules shall require any person who installs a new conveyance to give the owner of the building in which the conveyance is installed, before the conveyance is placed in operation, a written certification indicating that the installation complies with the rules promulgated under this section. The rules shall include an enforcement procedure and a procedure pursuant to which the department may grant a variance from the rules if the variance would not jeopardize public safety.
History:  2005 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.984 - Licenses and supervision required.

101.984
Licenses and supervision required.
(1)
Elevator contractor. No person may engage in the business of constructing, installing, altering, servicing, replacing, or maintaining conveyances in this state unless the person is licensed as an elevator contractor under s. 101.985 (1).
(2)
Elevator mechanic.
(a)
Generally. Except as provided in par. (c), no individual may erect, construct, alter, replace, maintain, repair, remove, or dismantle any conveyance in this state unless the individual is licensed as an elevator mechanic under s. 101.985 (2) or is under the direct supervision of a person licensed as an elevator contractor under s. 101.985 (1).
(b)
Electrical construction. Except as provided in par. (c), no individual may wire any conveyance in this state from the mainline feeder terminals on the controller unless the individual is licensed as an elevator mechanic under s. 101.985 (2) or is under the direct supervision of a person licensed as an elevator contractor under s. 101.985 (1).
(c)
Exceptions.
1.
Paragraph (a) does not apply to an individual who removes or dismantles a conveyance that is destroyed as a result of a complete demolition of a building or where the hoistway or wellway is demolished back to the basic support structure such that the hoistway or wellway is inaccessible.
2.
Paragraphs (a) and (b) do not apply to any of the following:
a.
An individual who is enrolled in and performing tasks that are within the scope of an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development.
b.
An individual performing tasks under the direct supervision of and as a helper to an individual licensed as an elevator mechanic under s. 101.985 (2).
c.
An individual who performs work described under par. (a) or (b) during the 5-day period preceding the date on which the individual is issued an emergency elevator mechanic's license under s. 101.985 (2) (c).
(3)
Elevator inspector. No individual may perform an inspection of a conveyance in this state unless the individual is licensed as an elevator inspector under s. 101.985 (3).
History:  2005 a. 456; 2013 a. 124.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.986 - Conveyance safety code council duties.

101.986
Conveyance safety code council duties.
The conveyance safety code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide conveyance safety code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules for the enforcement of this subchapter, the granting of variances, administrative appeal procedures, fees, and any other matter under this subchapter.
History:  2005 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.988 - Enforcement and penalties.

101.988
Enforcement and penalties.
(1)
Investigations.
(a)
Initiated by department. The department may perform investigations to aid in the enforcement of this subchapter and rules promulgated under this subchapter.
(b)
Initiated by public. Any person may file a written notice with the department, requesting the department to investigate an alleged violation of this subchapter or rules promulgated under this subchapter or a dangerous condition involving a conveyance. The notice shall set forth the specific grounds for the request and shall be signed by the person filing the notice. Upon request of the person filing the notice, the department shall keep the person's name confidential and shall withhold the name from public inspection under s. 19.35 (1), except that the department may disclose the name to a law enforcement officer for official purposes. If the department determines that there are reasonable grounds to believe that the alleged violation or dangerous condition exists, the department shall investigate to determine if the alleged violation or dangerous condition exists. If the department determines that there are no such reasonable grounds, the department shall notify the person filing the notice.
(2)
Orders of the department. The department may issue orders to enforce this subchapter and rules promulgated under this subchapter.
(3)
Penalties. Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 or imprisoned for not more than 30 days or both, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance.
History:  2005 a. 456.