reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 126 - Conduct › Section SPS 126.02 - Unprofessional conduct

Current through June 24, 2024
Conduct evidencing a lack of knowledge or ability to apply
					 professional principles or skills, within the meaning of s.
					 480.24(2)
					 (b), Stats., includes, but is not limited to,
					 engaging in or aiding or abetting the following conduct:
(1) Performing or offering to perform
				  services for which the registrant is not qualified by education, training or
				  experience.
(2) Violating a law or
				  rule of any jurisdiction, the circumstances of which substantially relate to
				  the practice under the registration.
(3) Advertising an auction as an absolute
				  auction if any item or items are to be sold with reserve or with minimum
				  bids.
(4) Engaging in false,
				  fraudulent, deceptive or misleading billing practices.
(5) Obtaining or attempting to obtain
				  compensation by fraud or deceit.
(6) Reporting distorted, false or misleading
				  information or making false statements in practice.
(7) Discriminating on the basis of age, race,
				  color, sex, religion, creed, national origin, ancestry, disability or sexual
				  orientation by means of service provided or denied.
(8) Knowingly escalating or attempting to
				  escalate bidding through false bids, shills or through collusion with
				  another.
(9) Violating or
				  attempting to violate any formal disciplinary order of the auctioneer
				  board.
(10) Knowingly providing
				  false information to the board, the department or their agents.
(11) Cheating on the registration examination
				  contrary to s.
				  SPS
				  122.04.
(12) Failing to post written notice at the
				  location where the auction is to be conducted, prior to the commencement of an
				  auction, of the terms and conditions under which the registrant will accept
				  payment by buyers.
(13) If a
				  buyer's fee or surcharge is a condition of sale, failing to post written notice
				  at the location where the auction is to be conducted, prior to the commencement
				  of an auction, of the percentage or other amount of the buyer's fee or
				  surcharge.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 126 - Conduct › Section SPS 126.03 - Effect of suspension or revocation on registrant

Current through June 24, 2024
(1) An auctioneer
				  or auction company whose registration has been suspended or revoked shall
				  notify all persons with whom the auctioneer or auction company has a contract
				  for services to be performed during the period of suspension or following
				  revocation. The notice shall be in writing, state that the registration of the
				  auctioneer or auction company has been suspended or revoked, and describe the
				  terms of the suspension or revocation.
(2) An auctioneer or auction company whose
				  registration has been suspended or revoked by the board may not engage in the
				  following activities during the term of the suspension or revocation:
(a) Call an auction by calling for,
				  recognizing, or accepting offers for the purchase of goods or real estate at an
				  auction.
(b) Advertise, represent
				  or otherwise hold out as being available to call or manage an
				  auction.
(c) Advertise, represent
				  or otherwise hold out as being an auctioneer or auction company or use the
				  title "auctioneer," "registered auctioneer," "certified auctioneer," "licensed
				  auctioneer," "auction company," "auction sales staff," "auction team member" or
				  any similar title.
(d) Solicit,
				  negotiate or enter into any auction contract, auction listing, auction
				  consignment, or related auction agreement, including assisting or aiding
				  another registrant to perform auction-related duties.
(e) Perform, manage or supervise any of the
				  following:
1. Call for bids at any type of
				  auction, including auctions under s.
				  480.02(2) (a) to
				  (h), Stats.
2. Oversee, in any manner, the conducting of
				  any auction.
3. Accept any form of
				  referral fee, finder's fee, commission, commission sharing or splitting, or
				  related compensation from any auctioneer, auction company, or
				  auctioneer-related professional.
4.
				  Participate in any form of auctioneer-related bid-calling.
5. Suggest or imply to the public, privately
				  or through advertising, that he or she is able to perform any of the activities
				  in subds. 1. to 4.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 127 - Sale Of Real Estate At Auction › Section SPS 127.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted under authority in
					 ss.
					 227.11(2),
					 480.01,
					 480.14 and
					 480.16,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 127 - Sale Of Real Estate At Auction › Section SPS 127.02 - Auction of real estate

Current through June 24, 2024
(1) AUCTIONEER. An auctioneer may engage in,
				  or advertise or otherwise hold himself or herself out as being available to
				  engage in, the calling for and the recognition and acceptance of offers for the
				  purchase of real estate at an auction, and may handle sales proceeds, down
				  payments, earnest money deposits or other trust funds received by the
				  auctioneer on behalf of the auctioneer's principal or any other person at or as
				  a result of an auction of real estate.
(2) AUCTION COMPANY. An auction company may
				  manage an auction of real estate and may have primary responsibility for
				  handling sales proceeds, down payments, earnest money deposits or other trust
				  funds received by the auction company on behalf of the auction company's
				  principal or any other person at or as a result of an auction of real
				  estate.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 127 - Sale Of Real Estate At Auction › Section SPS 127.03 - Limitations

Current through June 24, 2024
(1) REGISTRANT LICENSED AS A REAL ESTATE
				  BROKER OR SALESPERSON. A registrant who is licensed as a real estate broker and
				  who conducts an auction of real estate listed for sale with the registrant, or
				  a registrant who is licensed as a real estate broker or salesperson and who
				  conducts an auction of real estate listed for sale with the registrant's real
				  estate broker-employer, may prepare contracts or other documents necessary to
				  transfer title to the real estate or conduct any other activities requiring a
				  real estate license under ch. 452, Stats., and chs.
				  REEB
				  11 to 25.
(2) REGISTRANT NOT LICENSED AS A REAL ESTATE
				  BROKER OR SALESPERSON.
(a) A registrant who
				  is not licensed as a real estate broker or salesperson may, in connection with
				  an auction of real estate:
1. Distribute
				  written information describing real estate or the condition of the real estate
				  to be auctioned, if the information has been made available by the owner of the
				  real estate or a real estate licensee.
2. Provide access to real estate for the
				  purpose of permitting prospective buyers to view the real estate.
3. Conduct inquiries in person, by telephone
				  or by other media to determine whether the person being contacted is interested
				  in bidding upon the real estate to be auctioned.
4. Perform other tasks relating to conducting
				  an auction which do not require a real estate license under ch. 452,
				  Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 127 - Sale Of Real Estate At Auction › Section SPS 127.04 - Contract

Current through June 24, 2024
A registrant shall have a written contract with the owner
					 of real estate to be sold at an auction, or the owner's agent, which specifies
					 the terms and conditions upon which the auctioneer or auction company accepts
					 the real estate for sale at auction. The following conditions apply to the
					 contract:
(1) A registrant who is
				  licensed as a real estate broker under ch. 452, Stats., shall use the
				  appropriate approved listing contract form required under s.
				  REEB
				  16.03, when contracting with the owner to conduct an
				  auction of real estate, and shall include provisions which comply with s.
				  SPS
				  124.02.
(2) A registrant who is licensed as a real
				  estate salesperson shall use the appropriate approved listing contract form
				  required under ch. REEB 16, when contracting with the owner to conduct an
				  auction of real estate if the salesperson is employed by a real estate broker,
				  and shall include provisions which comply with s.
				  SPS
				  124.02.
(3) A registrant who is not licensed as a
				  real estate broker or salesperson under ch. 452, Stats., shall use a contract
				  that complies with s.
				  SPS
				  124.02.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 127 - Sale Of Real Estate At Auction › Section SPS 127.05 - Real estate subject to exclusive listing contract

Current through June 24, 2024
Prior to entering into any contract for the sale of real
					 estate at an auction, the registrant shall determine whether the real estate is
					 subject to an exclusive real estate listing contract. If the real estate to be
					 sold at an auction is subject to an exclusive real estate listing contract
					 between the seller and a real estate broker other than the registrant, the
					 registrant:
(1) May only enter into a
				  contract under s.
				  SPS 127.04, with the
				  real estate broker holding the exclusive real estate listing contract on the
				  real estate.
(2) May not receive
				  any sales proceeds, down payments, earnest money deposits or other trust funds
				  as a result of an auction of the real estate, unless the contract under sub.
				  (1) authorizes the registrant to do so.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 127 - Sale Of Real Estate At Auction › Section SPS 127.06 - Solicitation of owners with exclusive listing contract prohibited

Current through June 24, 2024
A registrant may not solicit an owner of real estate to
					 sell the real estate at an auction if the registrant knows that the real estate
					 is subject to an exclusive real estate listing contract.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 128 - Educational Program › Section SPS 128.01 - Authority

Current through June 24, 2024
This chapter is adopted pursuant to ss.
					 227.11(2)
					 and
					 480.08(6),
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 128 - Educational Program › Section SPS 128.015 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Distance education" means the provision
				  of educational programs or courses without an instructor or a representative of
				  an approved school physically present with the students. "Distance education"
				  includes the delivery of educational programs and courses on CD-ROM, videotape,
				  computer disk, or the internet.
(2)
				  "Hour" means a period of 50 minutes of actual instruction.
(3) "Program provider" means a provider of
				  either a program or a course or both.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 128 - Educational Program › Section SPS 128.02 - Education requirements prior to first renewal

Current through June 24, 2024
(1) Except as
				  provided in s.
				  SPS 128.06,
				  every registered auctioneer applying to renew a registration shall complete at
				  least 12 hours in an educational program, except that a registered auctioneer
				  who is initially registered less than 6 months prior to the first renewal date
				  shall complete the educational program prior to the date for the second renewal
				  of the registration under s.
				  440.08(2),
				  Stats.
(3) A registered auctioneer
				  may attend approved courses of one or more program providers in order to
				  complete the courses which are part of the educational program.
(4) A registered auctioneer who acts as an
				  instructor of an approved educational program or course shall receive credit
				  toward satisfaction of the registered auctioneer's educational requirement. An
				  instructor shall receive one hour of credit for each 50 minutes of instruction.
				  The registered auctioneer may not receive credit for teaching a specific course
				  more than one time during any biennium.
(5) The department may grant an extension of
				  time for completion of the educational program by a registered auctioneer and
				  the registered auctioneer may obtain a renewal registration for the extension
				  period granted for one of the following:
(a)
				  Health reasons which prevented attendance at the educational program or
				  course.
(b) Active duty in the
				  military service with assignment to a duty station outside Wisconsin.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 128 - Educational Program › Section SPS 128.03 - Courses; examinations

Current through June 24, 2024
(1) COURSES. The educational program shall
				  consist of 12 hours, which shall include:
(a)
				  Three hours in the Wisconsin laws relating to auctioneer ethical and
				  professional conduct.
(b) Nine
				  hours in topics pertinent to the practice of auctioneering that shall be
				  approved by the department biennially, which may include a 7 hour national
				  Uniform Standards of Professional Appraisal Practice (USPAP) update course
				  approved by the Appraiser Qualifications Board (AQB) of the Appraisal
				  Foundation for a person who holds credentials under both chs. 480 and 458,
				  Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 128 - Educational Program › Section SPS 128.04 - Approval of educational programs; courses and instructors

Current through June 24, 2024
(1) A program
				  provider seeking initial approval from the department of an educational program
				  or a course shall submit its application on a form provided by the department
				  prior to the first date the program or course is offered. The program provider
				  shall include a designation of the courses to be provided, the name and outline
				  of the courses, the name and qualifications of the instructors, and the time
				  segments of the courses. The department shall notify the provider whether the
				  program or course has been approved or denied within 20 business days from the
				  date the application is received. The department shall approve an educational
				  program or course if the program provider submits to the department the
				  information required by this subsection and agrees to comply with the
				  provisions in subs. (2) to (6).
Note:
Applications for educational program
					 and course approval are available from the Department of Safety and
					 Professional Services, Office of Education and Examinations, 1400 East
					 Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366 or from the
					 department's website at:
http://dsps.wi.gov
.
(1m) A program provider seeking the approval
				  of a continuing education program or course that will be presented as distance
				  education shall comply with sub. (1) and shall, additionally, describe to the
				  department how the program provider will do all of the following:
(a) Ensure that instructors approved by the
				  department under sub. (6) are available to the students at reasonable times and
				  by reasonable means.
(b) Provide a
				  reasonable level of examination security for the examination given at the end
				  of each distance education continuing education course.
(c) Sufficiently cover the subjects specified
				  for continuing education courses.
(d) Provide reasonable oversight to ensure
				  that the students who take the examination are the enrolled students.
(e) Provide a reasonable opportunity for
				  student self-evaluation of mastery.
Note:
Applications for educational program
					 and course approval are available from the Department of Safety and
					 Professional Services, Office of Education and Examinations, 1400 East
					 Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366 or from the
					 department's website at
http://dsps.wi.gov
.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 128 - Educational Program › Section SPS 128.05 - Certification of completion of courses

Current through June 24, 2024
(1) COMPLETION
				  REQUIREMENTS. A registered auctioneer shall attend all the required hours
				  before the program provider may give a certificate of completion to the
				  registered auctioneer.
(2)
				  CERTIFICATION OF COMPLETION. Program providers shall provide an individual
				  certificate of completion to all registered auctioneers upon satisfactory
				  completion of courses.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 120-129 - Auctioneers and Auction Companies › Chapter SPS 128 - Educational Program › Section SPS 128.06 - Education examination

Current through June 24, 2024
(1) The department shall conduct an education
				  examination. A registered auctioneer may take the education examination
				  conducted by the department in lieu of the educational program set forth in s.
				  SPS 128.03.
				  A registered auctioneer who passes the education examination shall not be
				  required to complete the educational program.
(2) The education examination shall cover the
				  courses required for the educational program approved by the department under
				  s.
				  SPS 128.03,
				  and shall have no less than 5, questions for each hour of instruction in the
				  approved education program or courses.
(3) The department shall permit a registered
				  auctioneer to retake the education examination one time. If the registrant
				  fails the examination a second time, the registrant shall attend an approved
				  educational program or courses.
(4)
				  The department shall require a minimum passing score of 70 on the education
				  examination.
(5) The department
				  shall permit registrants who take the education examination to review the
				  examination and the examination results, as provided in s.
				  SPS
				  122.06.
(6) Passing the examination for original
				  registration as an auctioneer under s.
				  480.10,
				  Stats., does not satisfy the requirements under this section.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 130 - Interior Design › Chapter SPS 130 - Interior designers › Section SPS 130.01 - Authority

Current through June 24, 2024
The rules in ch. SPS 130 are adopted pursuant to s.
					 227.11(2),
					 Stats., and ss.
					 440.962(1)
					 (e),
					 440.964, and
					 440.966(2),
					 Stats., and govern registered interior designers.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 130 - Interior Design › Chapter SPS 130 - Interior designers › Section SPS 130.02 - Examinations

Current through June 24, 2024
(1) Examinations recognized by the department
				  under s.
				  440.964(1)
				  (a), Stats. Under s.
				  440.964(1)
				  (a), Stats., an applicant for registration as
				  an interior designer shall pass one of the following.
(a) The interior design examination of the
				  national council for interior design qualification administered in 1990 or
				  later.
(b) The building and barrier
				  free codes section of the interior design examination of the national council
				  for interior design qualification administered in 1990 or later, if an
				  applicant has passed the examination of the national council for interior
				  design qualification prior to 1990.
(c) The building and barrier free codes
				  section of the interior design examination of the national council for interior
				  design qualification administered in 1990 or later, if an applicant has passed
				  the interior design examination of the council for qualification of residential
				  interior designers.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 130 - Interior Design › Chapter SPS 130 - Interior designers › Section SPS 130.03 - Continuing education

Current through June 24, 2024
(1) In this section:
(a) "Approved educational program" means a
				  program of education relating to the general subject matter of interior design
				  that, together with its instructors, is approved by the American society of
				  interior designers, the interior design continuing education council, the
				  international interior design association, the interior design education
				  council, the interior designers of Canada, or other body recognized by the
				  department.
(b) "Hour" means 50
				  minutes of classroom instruction.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter I - General Provisions › Section SPS 131.01 - Authority

Current through June 24, 2024
The rules in this chapter are adopted pursuant to ss.
						227.11(2),
						440.972,
						440.973,
						440.974,
						440.975,
						440.978,
						and
						440.979,
						Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter I - General Provisions › Section SPS 131.03 - Applicability

Current through June 24, 2024
As used in s.
						440.9712,
						Stats., the terms "act as a home inspector" and "provide home inspection
						services" do not include individuals or business entities who inspect the
						energy-related components of a dwelling unit in order to assess or rate a
						home's energy performance, provided that the inspection is performed solely for
						this purpose and the individual or business entity is not described as a home
						inspector or does not convey the impression of being a home
						inspector.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter II - Applications › Section SPS 131.11 - Application for home inspector registration

Current through June 24, 2024
An applicant for registration as a home inspector shall
						submit all of the following:
(1) A
					 completed application form.
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.
(2) The fee specified in s.
					 440.05(1),
					 Stats.
(3) Evidence of having
					 successfully passed the examination as specified in s. SPS 131.21
					 (2).
(4) Subject to ss.
					 111.321,
					 111.322, and
					 111.335, Stats., evidence
					 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.
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter II - Applications › Section SPS 131.113 - Reciprocity, generally

Current through June 24, 2024
(1) An applicant
					 registered or licensed in good standing in another state may apply for home
					 inspector registration by submitting the following materials:
(a) A completed application form.
(b) The fee specified in s.
					 440.05(2),
					 Stats.
(c) Evidence of successful
					 passage of the examination specified in s. SPS 131.21 (2).
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter II - Applications › Section SPS 131.115 - Reciprocity for service members, former service members, and their spouses

Current through June 24, 2024
(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.
(c) "Spouse" has the meaning
					 provided in s. 440.09(1) (c),
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter II - Applications › Section SPS 131.12 - License renewal

Current through June 24, 2024
To renew a home inspector registration, a registrant
						shall file with the department all of the following:
(1) An application for renewal on a form
					 provided by the department.
(2)
					 Evidence that the registrant has, during the biennial period immediately
					 preceding application, complied with the continuing education requirements in
					 subch. V. This subsection does not apply to first and second renewal dates
					 after the date on which the registrant was initially registered by the
					 department.
(3) The fee specified
					 in s. 440.08(2) (a),
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter II - Applications › Section SPS 131.13 - Late renewal

Current through June 24, 2024
A registrant who fails to meet the requirements of s.
						SPS 131.12 by the
						renewal date may not engage in practice as a home inspector until the
						registration is renewed. A registrant who fails to meet the requirements of s.
						SPS 131.12 by the
						renewal date and who applies for renewal less than 5 years after the expiration
						date of his or her registration may renew by submitting all of the following to
						the department:
(1) An application for
					 renewal on a form provided by the department.
(2) Evidence that the registrant has, during
					 the biennial period immediately preceding application, completed the continuing
					 education requirements specified in subch. V.
(3) The fee specified in s.
					 440.08(2)
					 (a)38g., Stats.
(4) The late renewal fee specified in s.
					 440.08(3)
					 (a), Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter II - Applications › Section SPS 131.14 - Reinstatement of license

Current through June 24, 2024
If an application for restoring a registration occurs 5
						years or more after expiration of the applicant's most recent registration, the
						applicant's registration may be reinstated by filing with the department an
						application and the fees specified in s.
						440.08(3)
						(a), Stats. The department may also require
						demonstration of competence by various methods including, but not limited to,
						written or oral examination, documentation of home inspection in other
						jurisdictions, or documentation of current education or experience in the
						field. Any examination or education required under this section may not be more
						extensive than the educational or examination requirements for initial
						registration with the department.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter II - Applications › Section SPS 131.15 - Denial of registration

Current through June 24, 2024
An application for registration under this chapter may be
						denied for fraud or misrepresentation in the application for registration, or
						for any of the grounds under s.
						440.978,
						Stats., for which the department may discipline a registrant.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter III - Examinations › Section SPS 131.21 - Examination requirements

Current through June 24, 2024
(1) An applicant for
					 registration as a home inspector shall file an application for examination on a
					 form prescribed by the department and shall submit a fee specified in s.
					 440.05(1) (b),
					 Stats., at least 30 days before the date of the examination.
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.
(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.
An otherwise qualified applicant with a disability
						  shall be provided with reasonable
						  accommodations.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter III - Examinations › Section SPS 131.22 - Examination grade

Current through June 24, 2024
(1) To pass each examination part the
					 applicant shall receive a grade determined by the department to represent the
					 minimum competence to practice. The department shall determine the passing
					 grade for part I of the examination after consultation with subject matter
					 experts who have reviewed a representative sample of the examination questions
					 and available candidate performance statistics, and shall set the passing grade
					 for the examination at that point which represents minimum acceptable
					 competence in the profession. The department shall determine the passing grade
					 for part II of the examination in the same manner as for part I or the
					 department may accept the passing grade recommendation of a testing agency
					 whose examination has been approved by the department.
(2) The department may refuse to release
					 grades or issue a home inspector registration if the department determines that
					 an applicant violated the rules of conduct of the examination or otherwise
					 acted dishonestly.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter III - Examinations › Section SPS 131.23 - Examination review

Current through June 24, 2024
An applicant who fails the required examination may
						request a review of that examination as permitted by the examination provider.
						If a review is provided, all of the following conditions apply:
(1) An applicant shall file a written request
					 with the department within 30 days after the date on which the examination
					 results were mailed and pay the fee specified in s.
					 SPS
					 4.05.
(2)
					 An applicant may review the examination by appointment only and shall be
					 limited to the time permitted by the examination provider.
(3) An applicant may not be accompanied
					 during the review by any person other than the proctor.
(4) An applicant shall be provided with a
					 form on which to write comments, questions or claims of error regarding any
					 items in the examination. Bound reference books shall be permitted. An
					 applicant may not remove any notes from the area. Notes shall be retained by
					 the proctor and made available to the applicant for use at a hearing, if
					 desired. The proctor may not defend the examination nor attempt to refute
					 claims of error during the review.
(5) An applicant may not review the
					 examination more than once.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter III - Examinations › Section SPS 131.24 - Reexamination

Current through June 24, 2024
An applicant who fails to achieve passing grades on the
						examinations required under this chapter may apply for reexamination on forms
						provided by the department. For each reexamination, the applicant shall pay the
						reexamination fee specified in s.
						440.06, Stats.
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)
						  2662112.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter IV - Standards of Practice › Section SPS 131.31 - General requirements

Current through June 24, 2024
(1) A home inspector shall perform a
					 reasonably competent and diligent home inspection of the readily accessible
					 installed systems and components required to be inspected under s.
					 SPS
					 131.32 to detect observable conditions of an
					 improvement to residential real property. A reasonably competent and diligent
					 home inspection is not required to be technically exhaustive.
(2) This section does not require a home
					 inspector to do any of the following:
(a)
					 Offer a warranty or guarantee of any kind.
(b) Calculate the strength, adequacy or
					 efficiency of any component of an improvement to residential real
					 property.
(c) Enter any area or
					 perform any procedure that may damage an improvement to residential real
					 property or a component of an improvement to residential real property, or
					 enter any area or perform any procedure that may be dangerous to the home
					 inspector or to other persons.
(d)
					 Operate any component of an improvement to residential real property that is
					 inoperable.
(e) Operate any
					 component of an improvement to residential real property that does not respond
					 to normal operating controls.
(f)
					 Disturb insulation or move personal items, furniture, equipment, vegetation,
					 soil, snow, ice or debris that obstructs access to or visibility of an
					 improvement to residential real property or a component of an improvement to
					 residential real property.
(g)
					 Determine the effectiveness of a component of an improvement to residential
					 real property that was installed to control or remove suspected hazardous
					 substances.
(h) Evaluate acoustic
					 characteristics of a component of an improvement to residential real
					 property.
(i) Project or estimate
					 the operating costs of a component of an improvement to residential real
					 property.
(j) Predict future
					 conditions, including the failure of component of an improvement to residential
					 real property.
(k) Inspect for the
					 presence or absence of pests, including rodents, insects and wood-damaging
					 organisms.
(m) Inspect for the
					 presence of any hazardous substances.
(n) Disassemble any component of an
					 improvement to residential real property, except for removing an access panel
					 that is normally removed by an occupant of residential real property.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter IV - Standards of Practice › Section SPS 131.32 - Mechanical and structural components included in a home inspection

Current through June 24, 2024
A reasonably competent and diligent home inspection shall
						meet the standards in subs. (1) to (11) and shall include an inspection of, and
						report on, all of the following items that are present on the property at the
						time of the home inspection:
(1)
					 FOUNDATIONS. A home inspector shall observe and describe the type and condition
					 of the foundation.
(2) COLUMNS. A
					 home inspector shall observe and describe the type and condition of
					 columns.
(3) FLOORING SYSTEMS. A
					 home inspector shall observe and describe the type and condition of flooring
					 systems.
(4) ROOFS.
(a) A home inspector shall observe and
					 describe the condition of all of the following:
1. Roof coverings, including type.
2. Roof drainage systems.
3. Flashings.
4. Skylights, chimneys and roof
					 penetrations.
5. Signs of leaks or
					 abnormal condensation on building components.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter IV - Standards of Practice › Section SPS 131.33 - Contents of a home inspection report

Current through June 24, 2024
(1) After completing
					 a home inspection, a home inspector shall submit a written report to a client
					 that does all of the following:
(a) Lists the
					 items described in s. SPS 131.32 that a home inspector is required to
					 inspect.
(b) Lists the items
					 described in s. SPS 131.32 that a home inspector has inspected.
(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.
(c) Describes the
					 condition of any item identified in s. SPS 131.32.
(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),
					 Stats.
(e) Lists any material
					 adverse facts that a home inspector has knowledge of or has observed.
(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) 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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter V - Education Requirements › Section SPS 131.40 - Education requirement for initial registration

Current through June 24, 2024
An applicant 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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter V - Education Requirements › Section SPS 131.405 - Standards for approval of pre-registration education

Current through June 24, 2024
An acceptable pre-registration instruction program shall
						meet all of the following criteria:
(1)
					 Include instruction in an organized method of learning contributing directly to
					 the professional competency of the registrant and pertaining to subject matters
					 that significantly relate to the practice of home inspection.
(2) Include at least 20 hours of hands-on
					 training in the performance of home inspections and drafting of home inspection
					 reports.
(3) Be conducted by
					 individuals or entities which have specialized education, training, or
					 experience in the subject matter of home inspections.
(4) Provide a record evidencing completion of
					 the training program that shall include all of the following:
(a) The name of the course.
(b) The provider's name.
(c) The registrant's name.
(d) The date of completion.
(e) The location of the course.
(f) The number of hours.
(g) A signature from the instructor or
					 provider.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter V - Education Requirements › Section SPS 131.41 - Continuing education requirements for registration renewal

Current through June 24, 2024
(1) Except as
					 provided in sub. (2), every registered home inspector shall complete a minimum
					 of 40 continuing education credit hours during each biennial registration
					 period.
(2) A registrant is not
					 required to complete continuing education credit hours between initial
					 registration and the conclusion of the second registration renewal
					 period.
(3)
(a) If a registrant fails to satisfy the
					 continuing education requirements provided in sub. (1) within a biennial
					 registration period, continuing education credit hours acquired on or after
					 December 15 of any even-numbered year will be first applied to the preceding
					 biennium until the requirement is fulfilled. Continuing education credit hours
					 may not apply to more than one biennium.
(b) A registrant who fails to meet the
					 continuing education requirements provided in sub. (1) by December 14 of any
					 even-numbered year may not engage in the practice of home inspection until the
					 registration is renewed, except as provided in s. SPS 131.45.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter V - Education Requirements › Section SPS 131.42 - Standards for continuing education training programs

Current through June 24, 2024
An acceptable continuing education training program shall
						meet all of the following criteria:
(1) Include instruction in an organized
					 method of learning contributing directly to the professional competency of the
					 registrant and pertaining to subject matters that significantly relate to the
					 practice of home inspection. The instruction shall include amplification,
					 evaluation, examples, and explanation of the course subject matter to the
					 licensee.
(2) Be conducted by
					 individuals or entities which have specialized education, training, or
					 experience in the subject matter of the program.
(3) Provide attendance or completion
					 verification records in the form of certificates of completion evidencing
					 attendance at, or completion of, the continuing education training program. A
					 certificate of completion shall include all of the following:
(a) The name of the course.
(b) The provider's name.
(c) The registrant's name.
(d) The date of completion.
(e) The location of the course.
(f) The number of hours.
(g) A signature from the instructor or
					 provider.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter V - Education Requirements › Section SPS 131.43 - Certificate of completion, proof of attendance

Current through June 24, 2024
(1) Each registrant
					 shall certify on the registration renewal application that he or she has fully
					 complied with the continuing education requirements of this
					 subchapter.
(3) If evidence of
					 compliance is required by the department or its designee, the registrant shall
					 submit the requested information within 30 business days of receiving written
					 notice. Failure to do so may result in disciplinary action.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 131-139 - Home Inspection › Chapter SPS 131 - Home Inspectors › Subchapter V - Education Requirements › Section SPS 131.44 - Recordkeeping

Current through June 24, 2024
A registrant shall obtain a certificate of completion
						from the program provider for each continuing education training program
						completed. The registrant shall retain the certificate of completion and any
						other required, related documentation for a minimum of 5
						years.