101.94(6) (6) Fees for review of plans, construction inspections, department labels and licensing of manufacturers shall be established by department rule under s. 101.19.
101.94(7) (7) The department shall hear and decide petitions brought under ss. 101.90 to 101.96 in the manner provided under s. 101.02 (6) (e) to (i) and (8) for petitions concerning property.
101.94(8) (8)
101.94(8)(a)(a) A person who violates this subchapter or a rule or 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 mobile 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.
101.94(8)(b) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall be fined not more than $1,000 or imprisoned not more than one year or both.
101.95 101.95 Manufactured home and mobile 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 or mobile homes in this state.
101.95 History History: 1973 c. 116; 1983 a. 27 ss. 1375t, 2200 (25).
101.96 101.96 Advisory committee. The department shall appoint an advisory committee of 11 members to review the rules and standards for manufactured homes and mobile homes and for pier installation of new manufactured homes and recommend changes. The committee shall be composed of 2 members representing the manufactured home or mobile home industry, 2 manufacturers of manufactured homes, 2 members representing pier installers, one member representing mobile home park licensees, 3 members representing the public interest and one member from the department. The committee shall submit an annual report to the department and to the department of health and family services. The annual report shall include recommended changes in this subchapter reflecting amendments to 42 USC 5401 to 5425 and rules and regulations issued under 42 USC 5401 to 5425. This section does not apply after June 30, 1999.
subch. VI of ch. 101 SUBCHAPTER VI
MULTIFAMILY DWELLING CODE
101.971 101.971 Definitions. In this subchapter:
101.971(1) (1) "Dwelling unit" has the meaning given in s. 101.61 (1).
101.971(2) (2) "Multifamily dwelling" means an apartment building, rowhouse, town house, condominium or manufactured building, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units the initial construction of which is begun on or after January 1, 1993. "Multifamily dwelling" does not include a facility licensed under ch. 50.
101.971(3) (3) "Owner" means a person having a legal or equitable interest in a multifamily dwelling.
101.971(4) (4) "Political subdivision" means a county, city, village or town.
101.971 History History: 1991 a. 269.
101.972 101.972 Multifamily dwelling code council duties. The multifamily dwelling code council shall review the rules for multifamily dwelling construction and recommend a uniform multifamily dwelling code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall identify, consider and make recommendations to the department regarding variances in the rules for different climate and soil conditions and the variable conditions created by building and population densities.
101.972 History History: 1991 a. 269.
101.973 101.973 Department duties. The department shall:
101.973(1) (1) Promulgate rules that establish standards for the construction of multifamily dwellings and their components.
101.973(2) (2) Biennially review the rules promulgated under this subchapter.
101.973(3) (3) Issue any special order that it considers necessary to secure compliance with this subchapter.
101.973(4) (4) Prescribe and furnish to political subdivisions a standard building permit format for all multifamily dwellings subject to this subchapter.
101.973(5) (5) Collect and publish the data secured from the building permits.
101.973(6) (6) Hear under s. 101.02 (6) (e) to (i) and (8) petitions regarding the rules promulgated and special orders issued under this subchapter.
101.973(7) (7) Establish by rule a schedule of fees sufficient to defray the costs incurred by the department under this subchapter.
101.973(8) (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.143 (3) (j).
101.973(9) (9) Incorporate by reference in the rules promulgated under this subchapter all rules promulgated under subch. I that apply to multifamily dwellings.
101.973(10) (10) Establish a program of quality control training for all inspectors who inspect multifamily dwellings for compliance with this subchapter.
101.973(11) (11) Contract with the legislative audit bureau to make periodic performance audits of any division of the department that is responsible for inspections of multifamily dwellings.
101.973 History History: 1991 a. 269; 1995 a. 27.
101.974 101.974 Department powers. The department may:
101.974(1) (1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at such hearings.
101.974(2) (2) Promulgate the rules under this subchapter after consultation with the multifamily dwelling code council.
101.974(3) (3) Provide for or engage in the testing, approval and certification of materials, methods and equipment of construction.
101.974(4) (4) Promulgate rules prescribing procedures for approving new building materials, methods and equipment.
101.974(5) (5) Study the administration of the rules promulgated under this subchapter and other laws related to the construction of multifamily dwelling units to determine their impact on the cost of building construction and their effectiveness in ensuring the health, safety and welfare of the occupants.
101.974 History History: 1991 a. 269.
101.975 101.975 Local government authority.
101.975(1) (1) A political subdivision may regulate the construction and installation of windows and doors in multifamily dwellings if the regulation is related to preventing illegal entry.
101.975(2) (2) A political subdivision shall use the standard building permit format prescribed and furnished by the department under s. 101.973 (4) and file a copy of each permit issued with the department.
101.975(3) (3)
101.975(3)(a)(a) In this subsection, "preexisting stricter sprinkler ordinance" means an ordinance that fulfills all of the following requirements:
101.975(3)(a)1. 1. The ordinance requires an automatic sprinkler system in multifamily dwellings containing 20 or less attached dwelling units.
101.975(3)(a)2. 2. The ordinance was in effect on January 1, 1992, and remains in effect on May 1, 1992.
101.975(3)(a)3. 3. The ordinance does not conform to this subchapter and s. 101.02 (7m) or is contrary to an order of the department under subch. I.
101.975(3)(a)4. 4. The ordinance is more stringent than the corresponding provision of this subchapter or s. 101.02 or the contrary provision of an order of the department under subch. I.
101.975(3)(b) (b) If a political subdivision has a preexisting stricter sprinkler ordinance, that ordinance remains in effect, except that the political subdivision may amend the ordinance to conform to this subchapter and s. 101.02 (7m) and to be not contrary to an order of the department under subch. I.
101.975 History History: 1991 a. 269; 1995 a. 27.
101.976 101.976 Fire chief and inspector powers and duties. This subchapter does not restrict the duties and powers of fire chiefs or inspectors under s. 101.14 (2).
101.976 History History: 1991 a. 269.
101.977 101.977 Compliance. A person who constructs a multifamily dwelling shall use building materials, methods and equipment that are in conformance with the standards prescribed under s. 101.973 (1).
101.977 History History: 1991 a. 269.
101.978 101.978 Penalties. Any person who violates this subchapter or any rules promulgated under this subchapter shall forfeit not less than $25 nor more than $500 for each offense. Each day of continued violation constitutes a separate offense.
101.978 History History: 1991 a. 269.
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