Section 305.31. Dwelling contractor.

 

(1)   General. Pursuant to s. 101.654 (1) (a) , Stats., no person may obtain a building permit for a one- or 2-family dwelling unless the person complies with all of the following, except as provided under s. 101.654 (1) (b) and (c) 2. , Stats.:

(a) Holds one of the following credentials issued by the department:

1. A dwelling contractor certification.

2. A dwelling contractor — restricted certification.

(b) Holds or engages, as an employee, a person who holds a certification issued by the department as a dwelling contractor qualifier.

(2)   Application for dwelling contractor certification. A person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall submit all of the following:

(a) An application in accordance with s. SPS 305.01 .

(b) An application fee and a certification fee in accordance with s. SPS 305.02 , Table 305.02.

(3)   Qualifications for certification.

(a) A person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall provide all of the following:

1. A statement certifying that the person complies with the worker's compensation requirements and unemployment compensation requirements as specified under s. 101.654 (2) , Stats.

2. Evidence of compliance with the liability or bond insurance requirements as specified under s. 101.654 (2) and (2m) , Stats.

(b) The person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.

(4)   Responsibilities.

(a) A person who holds a dwelling contractor certification or a dwelling contractor — restricted certification shall comply with the responsibilities under s. 101.654 (4) , Stats.

(b) For any construction project that requires a uniform building permit under s. SPS 320.08 , a person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not commence construction until a permit is issued for the construction.

(c) For any construction project that involves installation or modification of a private onsite wastewater treatment system, a person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not commence construction until a sanitary permit is issued for the construction in accordance with s. SPS 383.21 .

(d) A person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not contract with another person or entity to engage in construction business activities unless the person or entity holds a credential under s. SPS 305.30 (1) (a) or (b) .

(5)   Renewal.

(a) Pursuant to s. 101.654 (3) , Stats., a dwelling contractor certification or a dwelling contractor — restricted certification shall be valid for no longer than one year after the date of issuance.

(b)

1. A person may renew his or her dwelling contractor certification or dwelling contractor — restricted certification.

2. A dwelling contractor certification or a dwelling contractor — restricted certification shall be renewed in accordance with s. SPS 305.07 .

Cr. Register, October, 1996, No. 490 , eff. 11-1-96; am., Register, March, 1998, No. 507 , eff. 4-1-98; am. (1) and (2) (b), Register, April, 2000, No. 532 , eff. 5-1-00; CR 03-075 : renum. (4) to be (4) (a), cr. (4) (b) and (c) Register June 2004 No. 582 , eff. 8-1-04; CR 07-007 : r. and recr. Register August 2007 No. 620 , eff. 9-1-07, except (1) (b) eff. 1-1-08; CR 08-110 : am. (1) (a), (4) and (5) Register September 2009 No. 645 , eff. 10-1-09; correction in (2) (a), (b), (4) (b), (c), (d), (5) (b) 2. made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .

Note

Section 101.654 (1) (b) , Stats., exempts an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on the dwelling from obtaining a dwelling contractor financial responsibility certification. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.654 (1) (c) 2. , Stats., reads: “The continuing education requirements under par. (a) and the rules promulgated by the department under sub. (1m) do not apply to any person who holds a current license issued by the department at the time that the person obtains a building permit if the work the person does under the permit is work for which the person is licensed." Microsoft Windows NT 6.1.7601 Service Pack 1 A dwelling contractor — restricted certification will be issued to an individual who applies using a bond of less than $25,000. The card issued by the department for a dwelling contractor — restricted certification will read “Financial Responsibility-by a bond under $25,000 Certification". Microsoft Windows NT 6.1.7601 Service Pack 1 See the appendix for a reprint of the requirements under s. 101.654 (2) and (2m) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 See the appendix for a reprint of the requirements under s. 101.654 (4) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Section SPS 305.30 was repealed by CR 14-010 , Register August 2014 No. 704 , effective 9-1-14. Future rule-making by the department will correct the no longer valid reference. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.16 (4) (a) , Stats., provides that: The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section. Microsoft Windows NT 6.1.7601 Service Pack 1