Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 110 - Home Improvement Practices › Section ATCP 110.09 - Basement waterproofing practices

Current through June 24, 2024
(1) DECLARATION OF
				POLICY. Basement water problems and particularly those arising from poor
				drainage or high water tables are often difficult to correct without a thorough
				analysis of causative factors and the performance of extensive and costly
				waterproofing services. The effectiveness of such services, unlike many other
				services, cannot readily be determined until heavy rains or other conditions
				responsible for basement water problems occur. In the performance of basement
				waterproofing services certain methods or processes have been used at
				substantial cost to the consumer which are ineffective, inadequate, or
				unsuitable for the correction of basement water problems. Guarantees, if given,
				may often be vague, ambiguous, or unenforceable against the seller, or
				otherwise made without reasonable expectancy of performance on the part of the
				seller to the detriment of the buyer. These and other abuses in the sale of
				basement waterproofing services are contrary to the public interest and are
				unfair trade practices and unfair methods of competition prohibited under s.
				100.20,
				Stats.
(2) DEFINITIONS.
(a) "Advertising" means any oral, written,
				printed, or graphic statement or representation made in connection with the
				solicitation or sale of basement waterproofing services.
(b) "Basement waterproofing" means the use or
				application of materials or processes for the prevention or control of water
				leakage or flow through the basement walls or flooring into the interior
				portion of a basement.
(c)
				"Engineer's analysis" means a written report from a professional engineer
				registered in the state of Wisconsin containing an analysis of soil conditions,
				water tables or pressure, and other factors or conditions affecting the
				existence and correction of basement water problems, and an opinion as to the
				probability that the process and the particular substances or materials which
				are to be used in the performance of basement waterproofing services will or
				will not cure the basement water problem or have a significant waterproofing
				effect.
(d) "Pressure pumping"
				means a basement waterproofing process by which a substance is injected into
				the ground adjacent to the basement walls or beneath the basement foundation or
				floor by pipes or other conduits for the purpose of protecting or sealing the
				basement walls, foundation, or floors against water penetration.
(e) "Seller's analysis" is a written
				statement by the seller of the causes and conditions responsible for the
				buyer's basement water problem and the specific processes and materials to be
				used in correcting the problem.
(f)
				"Guarantee" means any promise, made by or on behalf of the seller in connection
				with the sale of basement waterproofing services, which provides that the
				seller's services, materials, or workmanship are defect free or will meet a
				specified level of performance over a specified period of time, or which
				provides that the seller will correct, repair, service, replace, make refunds
				for, or otherwise remedy any systems, problems, defects, or malfunctions that
				relate to or arise out of basement waterproofing services. The term includes
				service contracts or agreements made by or on behalf of the seller in
				connection with a basement waterproofing contract under which the seller
				provides or agrees to perform, over a fixed or extended period of time,
				basement waterproofing inspection, maintenance, or repair services, whether or
				not a separate or additional charge is made for such services.