Wis. Admin. Code Department of Safety and Professional Services SPS 305.63

Current through August 26, 2024
Section SPS 305.63 - Dwelling inspectors
(1) GENERAL.
(a) Pursuant to ss. 101.66(2) and 101.96(1), Stats., no person may conduct the inspection of one- and 2-family dwellings for the purpose of administering and enforcing chs. SPS 320 to 325, unless the person holds one or more of the following certifications issued by the department:
1. Certified UDC-construction inspector.
2. Certified UDC-electrical inspector.
3. Certified UDC-HVAC inspector.
4. Certified UDC-plumbing inspector.
5. Certified soil erosion inspector.
6. Certified commercial electrical inspector.
7. Certified commercial plumbing inspector.

Note: Pursuant to s. 101.14(1) (bm), Stats., deputies of the department may perform inspections for smoke detector installation and maintenance without holding a certification issued by the department.

(b) A person who holds a certification as a:
1. Certified UDC-construction inspector may inspect one- and 2-family dwellings for the purpose of administering and enforcing chs. SPS 320 to 322.
2. Certified UDC-electrical inspector or certified commercial electrical inspector may inspect one- and 2-family dwellings for the purpose of administering and enforcing chs. SPS 316 and 324.
3. Certified UDC-HVAC inspector may inspect one- and 2-family dwellings for the purpose of administering and enforcing ch. SPS 323.
4. Certified UDC-plumbing inspector or certified commercial plumbing inspector may inspect one- and 2-family dwellings for the purpose of administering and enforcing chs. SPS 325, 382 and 384.
5. Certified soil erosion inspector may inspect one- and 2-family dwellings for the purpose of administering and enforcing s. SPS 321.125.
(2) APPLICATION FOR EXAMINATION. A person applying to take a UDC-construction inspector certification examination, UDC-electrical inspector certification examination, UDC-HVAC inspector certification examination, or UDC-plumbing inspector certification examination shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
(3) EXAMINATION. Except as provided in sub. (4) (a) 2., (b) 2. and (c) 2., a person seeking to obtain a UDC-construction inspector certification, UDC-electrical inspector certification, UDC-HVAC inspector certification, or UDC-plumbing inspector certification shall take and pass an examination in accordance with s. SPS 305.09.
(4) APPLICATION FOR CERTIFICATIONS.
(a)UDC-construction.
1. Upon notification of the successful passage of the examination for a UDC-construction inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
2. A person may apply for certification as a certified UDC-construction inspector by submitting all of the following:
a. An application, an application fee and the certification fee in accordance with ss. SPS 305.01 and 305.02.
b. Evidence that the person holds a certification as a commercial building inspector issued under s. SPS 305.61.
(b)UDC-electrical.
1. Upon notification of the successful passage of the examination for a UDC-electrical inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
2. A person may apply for certification as a certified UDC-electrical inspector by submitting an application, an application fee and the certification fee in accordance with ss. SPS 305.01 and 305.02 and one of the following:
a. Evidence that the person holds a certification as a journeyman electrician issued under s. SPS 305.44.
b. Evidence that the person holds a certification issued under the International Association of Electrical Inspectors/National Fire Protection Association certification program as a certified electrical inspector-residential.
c. Evidence that the person holds a license as a residential master electrician issued under s. SPS 305.435.
(c)UDC-HVAC.
1. Upon notification of the successful passage of the examination for a UDC-HVAC inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
2. A person may apply for certification as a certified UDC-HVAC inspector by submitting an application, an application fee and the certification fee in accordance with ss. SPS 305.01 and 305.02 and one of the following:
a. Evidence that the person holds a certification as an HVAC qualifier issued under s. SPS 305.71.
b. Evidence that the person holds a certification as a commercial building inspector issued under s. SPS 305.61.
(d)UDC-plumbing.Upon notification of the successful passage of the examination for a UDC-plumbing inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
(e)Soil erosion.A person may apply for certification as a certified soil erosion inspector by submitting all of the following:
1. An application, an application fee and the certification fee in accordance with ss. SPS 305.01 and 305.02.
2. Evidence that the person has completed an approved training course on soil erosion control standards.
(5) RESPONSIBILITIES.
(a) A person who inspects one- and 2-family dwellings as a certified UDC-construction inspector, certified UDC-electrical inspector, certified UDC-HVAC inspector, certified UDC-plumbing inspector, or certified soil erosion inspector shall do all of the following:
1. Maintain a record of the inspections made including the dates and the findings of the inspections.
2. Document any compliance deficiencies in the inspection report, and include the specific code reference or citation relative to the deficiency.
3. Provide a copy of the inspection report to the property owner or his or her agent.
4. Make inspection records available to the department upon request.
(b) A person who inspects one- and 2- family dwellings as a certified UDC-electrical inspector shall contact and indicate to the electrical utility, cooperative, or other entity furnishing electric current when an electrical service installation complies with ch. SPS 316 within 2 business days of the determination of compliance.
(6) LIMITATIONS. A person who inspects the installation of manufactured homes as a certified UDC-construction inspector may not perform the inspection of a particular manufactured home if the person is, is employed by, or is an independent contractor of any of the following:
(a) A manufactured home manufacturer who was directly involved in the sale of the particular manufactured home.
(b) A manufactured home salesperson who was directly involved in the sale of the particular manufactured home.
(c) An installer who was directly involved in the sale of the particular manufactured home.
(7) RENEWAL.
(a)
1. A person may renew his or her certification as a UDC-construction inspector, UDC-electrical inspector, UDC-HVAC inspector, UDC-plumbing inspector or soil erosion inspector.
2. An inspector certification under this section shall be renewed in accordance with s. SPS 305.07.
(b)
1. The renewal of a certification as a certified UDC-construction inspector, certified UDC-electrical inspector, certified UDC-HVAC inspector or certified UDC-plumbing inspector shall be contingent upon the inspector obtaining at least 24 hours of acceptable continuing education prior to the expiration date of the certification as specified in s. SPS 305.08 and Table 305.06, except as provided in subd. 2.
2. A person who holds a certification as a certified UDC-construction inspector, certified UDC-electrical inspector, certified UDC-HVAC inspector, or certified UDC-plumbing inspector may apply to the department for waiver of the continuing education requirements under subd. 1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
3. A person who initially obtained his or her UDC-construction inspector certification or UDC-HVAC inspector certification by providing evidence of certification as a commercial building inspector and whose request to renew his or her certification is denied because of the failure to fulfill the continuing education requirements of subd. 1., shall be required to take and pass the UDC-construction inspector certification examination or UDC-HVAC inspector certification examination in order to reacquire the respective UDC inspector certification.

Wis. Admin. Code Department of Safety and Professional Services SPS 305.63

Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a) (intro.), (5) (a), (6) (b), 2., Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a) (intro.), (b) (intro.), (4) (a) and (b) 1., r. (6) (b), renum. (6) (c) to be (6) (b) and am., Register, April, 2000, No. 532, eff. 5-1-00; corrections in (1) (a) and (b) 1. made under s. 13.93(2m) (b) 7, Stats., Register, April, 2000, No. 532; CR 03-075: am. (1) (a), (b) 2., 4. and (3), r. and recr. (4) and (6) (b) 1., cr. (6) (b) 3. Register June 2004 No. 582, eff. 8-1-04; CR 06-071: am. (1) (a) (intro.), cr. (5m) Register November 2006 No. 611, eff. 12-1-06; CR 05-113: am. (1) (b) 5. Register December 2006 No. 612, eff. 4-1-07; CR 08-110: r. and recr. (6) (b) 1. Register September 2009 No. 645, eff. 10-1-09; CR 09-028: cr. (4) (b) 2. c. Register August 2010 No. 656, eff. 9-1-10; CR 10-103: am. (1) (b) 5. Register August 2011 No. 668, eff. 9-1-11; CR 11-020: renum. (5m), (6) to be (6), (7), Register December 2011 No. 672, eff. 1-1-12; correction in (1) (a) (intro.), (b) 1. to 5., (2) (a), (b), (3), (4) (a) 1., 2. a., b., (b) 1., 2. (intro.), a., c., (c) 1., 2. (intro.), a., b., (d), (e) 1., (7) (a) 2., (b) 1. made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; CR 14-010: am. (7) (b) 1. Register August 2014 No. 704.
Amended by, CR 16-093: r. and recr. (5) Register June 2018 No. 750, eff. 8/1/2018