Section 367.06. Issuance of certificate, waiver or stipulation.

 

(1)   General.

(a) Parcels per document. No certificate of compliance, waiver or stipulation may be issued using more than one legal description or parcel per document.

(b) Forms and processing materials. Only the department or department agent may place transfer authorization stamps on waivers and stipulations.

(c) Recordation. Pursuant to s. 101.122 (6) , Stats., a register of deeds shall not accept for recording, any deed or other document of transfer of real estate which includes a rental unit that is not excluded as specified in s. SPS 367.02 (2) unless the deed or document is accompanied by a certificate of compliance, a waiver, a stipulation, a satisfaction of compliance or evidence of a previously recorded document of these types. The register of deeds shall record the certificate of compliance, waiver, stipulation, or satisfaction of compliance.

(2)   Certificate of compliance.

(a) Rental unit in compliance. When an inspector determines the rental unit conforms to the energy efficiency requirements or the performance requirements specified in this chapter, the inspector shall do all of the following:

1. Review for completeness and validate the certificate of compliance. The certificate of compliance is valid for the life of the building.

2. Issue the certificate of compliance within 10 business days of the determination that the building conforms to the energy efficiency requirements.

3. File a copy of the certificate of compliance with the department within 15 business days of determination that the building conforms to the energy efficiency requirements.

(b) Rental unit not in compliance.

1. `Inspector's responsibilities.'

a. Except as specified in subd. 1. b. , when an inspector determines that a rental unit does not conform to the energy efficiency requirements specified in this chapter, the inspector shall notify the owner in writing of the energy conservation measures required to make the rental unit comply with the requirements specified in this chapter. The inspector shall notify the owner with the energy conservation measures required for compliance within 10 business days of the completion of the inspection.

b. If the effective date of any rule in this chapter occurs after the inspection report was issued, only the energy conservation measures specified in the inspection report shall be corrected for compliance. If the code requirements in effect at the time of initial inspection are changed and the current code requirements are less restrictive, the current code may be applied for compliance.

c. A certificate of compliance shall be issued by the inspector or department when the rental unit is in compliance with the energy conservation measures identified by the initial inspection or the current code if less restrictive.

2. `Owner's responsibilities.' If a rental unit does not comply with the energy efficiency requirements specified in this chapter, the owner may record a stipulation as specified under sub. (4) .

(c) Revocation of certificate. The department may revoke any certificate of compliance if the certificate of compliance was obtained through fraud or deceit or if the owner has willfully refused to comply with a stipulation issued under sub. (4) .

(3)   Waiver.

(a) Request for waiver.

1. The owner of a rental unit may request a waiver from the energy efficiency requirements by submitting to the department or a department agent department form SBD-7116, waiver request form, if the owner verifies the rental unit is scheduled for demolition within 2 years.

2. The owner shall notify the department in writing the date that the building was demolished.

(b) Waiver issuance.

1. The department or a department agent shall review for completeness and validate a waiver. When a department agent issues a waiver, a copy of the waiver shall be filed with the department within 15 business days.

2. The waiver shall be conditioned on the demolition of the rental unit within 2 years of the date the waiver is validated. After a waiver expires, the rental unit may not be transferred to a new owner.

(c) Failure to demolish. If demolition does not occur within 2 years of issuance of the waiver, the department may do one of the following:

1. Order demolition of the rental unit no later than 90 days after the order. The owner shall notify the department in writing of the date the building was demolished.

2. Order the owner to bring the rental unit into compliance with the energy efficiency requirements specified in this chapter no later than 90 days after the order is issued. The owner shall notify the department when the energy efficiency measures have been installed, and apply for an inspection as specified under s. SPS 367.05 .

(4)   Stipulation.

(a) Stipulation requirements.

1. The owner of a rental unit shall present to the register of deeds for recording department stipulation form, SBD-7115, which is signed by the owner and the department. The stipulation shall state that the owner of the rental unit is required to bring the rental unit into compliance with the energy conservation requirements no later than one year after the date the stipulation is validated by the department or department agent.

2. Where a stipulation is issued by a department agent, a copy shall be filed with the department no later than 15 business days of the validation of the stipulation.

3. An inspector or the department shall issue a certificate of compliance to the owner for a rental unit that complies with either the code requirements in effect at the time the stipulation was validated or with the requirements in place at the time of inspection, at the option of the owner.

(b) Transfer of stipulation with property. An owner of a rental unit, who has agreed to a stipulation, may transfer both the property and the stipulation to another person within the initial one-year period. The owner shall sign the original stipulation or a certified copy of the original stipulation and send a copy of this stipulation to the department. The transferred stipulation may not be extended beyond the original one-year agreement.

(c) Stipulation inspection.

1. When the energy conservation measures have been installed, the owner shall request an inspection from an inspector as specified in s. SPS 367.05 (2) .

2. When an inspector determines that a rental unit complies with the prescriptive energy efficiency requirements or the performance requirements specified in the code in effect when the stipulation was validated or with the current requirements in this chapter, the inspector shall issue the certificate of compliance in accordance with sub. (2) .

3. If upon inspection or evaluation, it is determined that the rental unit does not conform to the conditions specified in the stipulation or with the current requirements of this chapter, the inspector shall notify the owner in writing, specifying the energy conservation measures necessary for compliance. A certificate of compliance as specified in sub. (2) shall be issued after reinspection and all the required energy conservation measures have been installed.

(d) Owner occupancy at termination of existing lease. A stipulation shall be validated by the department or department agents to owners who wish to occupy the rental unit on the termination of an existing lease.

(5)   Satisfaction of compliance. The department shall issue a satisfaction of compliance, if the owner can establish one of the following exceptions from compliance with the energy efficiency requirements:

(a) The building or facility does not fall under the scope of this chapter as specified under s. SPS 367.02 .

(b) A transfer exclusion applies as specified in s. SPS 367.04 (21) .

(c) Verification of an existing certificate of compliance is provided and a fee is submitted in accordance with s. SPS 302.35 (2) .

(d) Other exceptions approved by the department.

History: CR 07-008 : cr. Register April 2008 No. 628 , eff. 5-1-08; correction in (1) (c), (3) (c) 2., (4) (c) 1., (5) (a), (b), (c) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .

Note

Department agents may obtain copies of transfer authorization stamps from the Department at Division of Industry Services, Rental Weatherization Program, P.O. Box 7302, Madison, WI 53707-7302; or at telephone [phone] or 411 (Telecommunications Relay); or at the Department's Web site at: www.dsps.wi.gov through links to Division of Industry Services forms. Microsoft Windows NT 6.1.7601 Service Pack 1 C ertificate of compliance stamps, multi-part forms and informational brochures are available from: Department of Administration, Document Sales and Distribution, 4622 University Avenue, Madison, WI 53705-2156, telephone [phone], fax [phone] or Web site at: www.doa.wi.gov . Microsoft Windows NT 6.1.7601 Service Pack 1