SAFETY AND PROFESSIONAL SERVICES SPS 131.02

Chapter SPS 131

HOME INSPECTORS

Subchapter I — General Provisions

SPS 131.01 Authority.

SPS 131.02 Definitions.

SPS 131.03 Applicability.

Subchapter II — Applications

SPS 131.11 Application for home inspector registration on or after January 1,

2001.

SPS 131.12 License renewal.

SPS 131.13 Late renewal.

SPS 131.14 Reinstatement of license.

SPS 131.15 Denial of registration.

Subchapter III — Examinations

SPS 131.21 Examination requirements.

SPS 131.22 Examination grade.

SPS 131.23 Examination review.

SPS 131.24 Reexamination.

Subchapter IV — Standards of Practice

SPS 131.31 General requirements.

SPS 131.32 Mechanical and structural components included in a home inspec-

tion.

SPS 131.33 Contents of a home inspection report.

Subchapter V — Continuing Education Requirements

SPS 131.41 Continuing education requirements for registration renewal.

SPS 131.42 Standards for continuing education training programs.

SPS 131.43 Certificate of completion, proof of attendance.

SPS 131.44 Recordkeeping.

SPS 131.45 Waiver of continuing education requirements.

Note: Chapter RL 131 was created as an emergency rule effective 11−1−98.

Chapter RL 131 was renumbered chapter SPS 131 under s. 13.92 (4) (b) 1., Stats.,

Register November 2011 No. 671.

Subchapter I — General Provisions

SPS 131.01 Authority. 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.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; correction made under s.

13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

SPS 131.02 Definitions. As used in ch. SPS 131:

(1) “Automatic safety controls” means devices designed

and installed to protect systems and components from exces-

sively high or low pressure and temperatures, excessive electri-

cal current, loss of water, loss of ignition, fuel leaks, fire, freez-

ing, or other similar unsafe conditions.

(2) “Central air conditioning” means a system which uses

ducts to distribute cooling or dehumidified air to more than one

room or uses pipes to distribute chilled water to heat exchangers

in more than one room, and which is not plugged into an electri-

cal convenience outlet.

(3) “Client” means a person who contracts with a home

inspector for the purpose of a home inspection.

(4) “Component” means a readily accessible and observable

element of a system, such as a floor or wall.

(4e) “Continuing education” means the planned, profes-

sional development activities designed to contribute to the

advancement, extension, and enhancement of the professional

skills or knowledge of a registered home inspector.

(4m) “Continuing education credit hour” means a unit of

credit for a continuing education training program, where one

continuing education credit hour equals 50 minutes of actual

instruction in a continuing education training program.

(4s) “Continuing education training program” means any

course, program or activity meeting the requirements of s. SPS

131.42 and having a clear purpose and objective of maintaining,

improving, or expanding the skills and knowledge relevant to

the registrant’s professional practice.

(5) “Cosmetic” means not required for the proper operation

of the essential systems and components of a home.

(6) “Cross connection” means any physical connection or

arrangement between potable water and any source of contami-

nation.

(7) “Department” means the department of safety and pro-

fessional services.

(8) “Describe” means to identify in writing a system or com-

ponent by type or characteristics.

(9) “Dismantle” means to take apart or remove any compo-

nent, device, or piece of equipment that is bolted, screwed, or

otherwise fastened and which would not be taken apart or

removed in the ordinary course of household maintenance.

(10) “Dwelling unit” means a structure or that part of a struc-

ture that is used or intended to be used as a home, residence or

sleeping place by one person or by 2 or more persons who are

maintaining a common household, to the exclusion of all others.

(11) “Functional drainage” means the emptying of a drain in

a reasonable amount of time with no sign of overflow when

another fixture is drained simultaneously.

(12) “Home inspection” means the process by which a home

inspector examines the observable systems and components of

improvements to residential real property that are readily acces-

sible.

(13) “Home inspection report” means a written opinion of

a home inspector concerning all of the following:

(a) The condition of the improvements to residential real

property that contains not more than 4 dwelling units.

(b) The condition of mechanical and structural components

of the improvements specified in par. (a).

(14) “Home inspector” means an individual who, for com-

pensation, conducts a home inspection.

(15) “Household appliances” means washers, dryers, refrig-

erators, freezers, stoves, ovens, room air conditioners and other

similar equipment.

(16) “Inspect” means to examine observable systems and

components.

(17) “Material adverse fact” means a condition or occur-

rence that is generally recognized by a competent home inspec-

tor as doing any of the following:

(a) Significantly reducing the functionality or structural

integrity of components or systems of the improvements to the

property being inspected.

(b) Posing a significant health or safety risk to occupants of

the improvements.

(18) “Normal operating controls” means homeowner oper-

ated devices including, but not limited to, thermostats and wall

or safety switches.

(19) “On−site water supply quality” means the condition of

water, based on the existence of bacteria, chemicals, minerals,

solids, or other similar elements in the water.

(20) “On−site water supply quantity” means the rate of

water flow from a well or a municipal water source.

SPS 131.02 WISCONSIN ADMINISTRATIVE CODE 168

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(21) “Operate” means to cause a piece of equipment or a sys-

tem to function.

(22) “Permanently installed” means attached or connected

to an item in a manner which requires tools to remove.

(23) “Primary” means an item such as a window or door

designed to remain in the same place year−round.

(24) “Reasonably competent and diligent home inspection”

means an inspection that complies with the standards estab-

lished under subch. X of ch. 440, Stats., and ch. SPS 131.

(25) “Recreational facilities” means spas, saunas, steam

baths, swimming pools, tennis courts, playground equipment,

and other exercise, entertainment, or athletic facilities.

(25m) “Registrant” means a person who holds a home

inspector registration issued by the department or who has the

right to renew a home inspector registration issued by the depart-

ment.

(26) “Roof drainage systems” means gutters, downspouts,

leaders, splashblocks, and similar components used to carry

water off a roof and away from a building.

(27) “Safety glazing” means tempered or laminated glass, or

rigid plastic.

(28) “Solid fuel heating device” means any wood, coal, or

other similar solid organic fuel burning device including, but not

limited to, fireplaces, fireplace inserts and stoves, wood stoves,

and central furnaces, or any combination of those devices.

(29) “Structural component” means a component which

supports a load bearing member.

(30) “System” means a combination of interacting or inter-

dependent components, assembled to carry out one or more

functions.

(31) “Technically exhaustive” means the extensive use of

measurements, instruments, testing, calculations, and other

means to develop scientific or engineering findings, conclusions

or recommendations.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; correction in (intro.), (7),

(24) made under s. 13.92 (4) (b) 6., 7., Stats., Register November 2011 No. 671;

CR 14−010: cr. (4e), (4m), (4s), (25m) Register August 2014 No. 704, eff.

9−1−14; corrections in (intro.), (24) made under s. 13.92 (4) (b) 7., Stats., Regis-

ter August 2014 No. 704.

SPS 131.03 Applicability. 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 enti-

ties who inspect the energy−related components of a dwelling

unit in order to assess or rate a home’s energy performance, pro-

vided 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.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99.

Subchapter II — Applications

SPS 131.11 Application for home inspector regis-

tration on or after January 1, 2001. An applicant for regis-

tration as a home inspector who applies for registration on or

after January 1, 2001, shall submit all of the following:

(1) A completed application form.

Note: Application forms are available on request to the department at 1400 East

Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708−8935.

(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) Evidence satisfactory to the department that the appli-

cant is not subject to a pending criminal charge, or has not been

convicted of a felony, misdemeanor or other offense, the circum-

stances of which substantially relate to the practice of home

inspection.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; correction in (3) made

under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14−010:

renum. section 132.11 from section SPS 132.03 and am. (3) Register August

2014 No. 704, eff. 9−1−14.

SPS 131.12 License renewal. To renew a home

inspector registration, a registrant shall, on or before December

15 of each even−numbered year following initial registration,

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.

(3) The fee specified in s. 440.08 (2) (a), Stats.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; correction in (1) (intro.),

(b), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671;

CR 13−030: am. (1) (intro.) Register November 2013 No. 695, eff. 12−1−13; CR

14−010: renum. section 131.12 (title), (intro.), (1) to (3) from SPS 132.05 (title),

(1) (intro.), (1) (a) to (c) and am. (title), (intro.), (2) Register August 2014 No.

704, eff. 9−1−14; correction in (2) under s. 13.92 (4) (b) 7. Register August 2014

No. 704, eff. 9−1−14.

SPS 131.13 Late renewal. 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 con-

tinuing 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.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; CR 14−010: renum. sec-

tion 131.13 (intro.), (1) to (4) from section SPS 132.05 (2) (intro.), (a) to (c) and

cr. (title) and am. (intro.), (2) Register August 2014 No. 704, eff. 9−1−14;

correction in (2) under s. 13.92 (4) (b) 7. Register August 2014 No. 704, eff.

9−1−14.

SPS 131.14 Reinstatement of license. If an applica-

tion for restoring a registration occurs 5 years or more after expi-

ration 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 juris-

dictions, or documentation of current education or experience in

the field. Any examination or education required under this sec-

tion may not be more extensive than the educational or examina-

tion requirements for initial registration with the department.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; correction in (1) (intro.),

(b), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671;

CR 13−030: renum. section 131.14 from section SPS 132.05 (3) and cr. (title)

and am. Register November 2013 No. 695, eff. 12−1−13.

SPS 131.15 Denial of registration. An application for

registration under this chapter may be denied for fraud or mis-

representation in the application for registration, or for any of the

grounds under s. 440.978, Stats., for which the department may

discipline a registrant.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; CR 14−010: renum. sec-

tion 131.15 from section SPS 132.06 Register August 2014 No. 704, eff. 9−1−14.

Subchapter III — Examinations

SPS 131.21 Examination requirements. (1) An

applicant for registration as a home inspector shall file an

application for examination on a form prescribed by the depart-

ment 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 request to the department at 1400 East

Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708−8935.

169 SAFETY AND PROFESSIONAL SERVICES SPS 131.32

Register August 2014 No. 704

(2) On or after January 1, 2001, the department shall prepare

or approve a 2−part examination. Part I shall consist of an

examination relating to the Wisconsin statutes and administra-

tive rules that relate to the practice of home inspection. Part II

shall consist of an examination relating to the principles and pro-

cedures that relate to the practice of home inspection.

Note: An otherwise qualified applicant with a disability shall be provided with

reasonable accommodations.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; am. (3), Register, May,

2001, No. 545, eff. 6−1−01; CR 14−010: renum. section 131.21 (title), (1), (2)

from section SPS 133.01 (title), (1), (3) Register August 2014 No. 704, eff.

9−1−14; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register

August 2014 No. 704, eff. 9−1−14.

SPS 131.22 Examination grade. (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 sta-

tistics, 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.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; am. (1), Register, May,

2001, No. 545, eff. 6−1−01; CR 14−010: renum. section 131.22 from section SPS

133.02 Register August 2014 No. 704, eff. 9−1−14.

SPS 131.23 Examination review. 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 depart-

ment 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 appoint-

ment 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 per-

mitted. 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 dur-

ing the review.

(5) An applicant may not review the examination more than

once.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; correction in (1) made

under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14−010:

renum. section 131.23 from section SPS 133.03 Register August 2014 No. 704,

eff. 9−1−14.

SPS 131.24 Reexamination. 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.

Note: Forms are available on request to the department at 1400 East Washington

Avenue, P.O. Box 8935, Madison, Wisconsin 53708−8935.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; CR 14−010: renum. sec-

tion 131.24 from section SPS 133.04 Register August 2014 No. 704, eff. 9−1−14.

Subchapter IV — Standards of Practice

SPS 131.31 General requirements. (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 prop-

erty or a component of an improvement to residential real prop-

erty.

(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 compo-

nent of an improvement to residential real property.

(k) Inspect for the presence or absence of pests, including

rodents, insects and wood−damaging organisms.

(L) Inspect cosmetic items, underground items or items not

permanently installed.

(m) Inspect for the presence of any hazardous substances.

(n) Disassemble any component of an improvement to resi-

dential real property, except for removing an access panel that

is normally removed by an occupant of residential real property.

(3) This section does not prohibit a home inspector from

doing any of the following:

(a) Reporting observations or conditions in addition to those

required under this section.

(b) Excluding a component of an improvement to residential

real property from the inspection, if requested to do so by his or

her client.

(c) Engaging in an activity that requires an occupation cre-

dential if he or she holds the necessary credential.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; correction in (1) made

under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14−010:

renum. section 131.31 from section SPS 134.02 and am. (1) Register August

2014 No. 704, eff. 9−1−14.

SPS 131.32 Mechanical and structural compo-

nents included in a home inspection. A reasonably com-

petent 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.

SPS 131.32 WISCONSIN ADMINISTRATIVE CODE 170

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(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.

(b) A home inspector shall describe the methods used to

observe the roof.

(c) A home inspector is not required to do any of the follow-

ing:

1. Walk on the roofing.

2. Observe attached accessories, including, but not limited

to, solar systems, antennae and lightning arrestors.

3. Observe internal gutter and downspout systems and

related underground drainage piping.

(5) EXTERIORS. (a) A home inspector shall observe and

describe the condition of all of the following:

1. Wall claddings, including type.

2. Flashings and trim.

3. Entryway doors and at least one window per side of a

dwelling unit.

4. Garage door operators, including whether any garage

door operator automatically reverses or stops when meeting rea-

sonable resistance during closing.

5. Decks, balconies, stoops, steps and porches including

railings.

6. Eaves, soffits and fascias.

7. Grading, drainage, driveways, patios, walkways, and

retaining walls that abut the dwelling unit.

(b) A home inspector shall operate all entryway doors,

garage doors, and at least one window per side of a dwelling unit.

(c) A home inspector is not required to observe the follow-

ing:

1. Storm windows, storm doors, screening, shutters,

awnings, and similar seasonal accessories.

2. Locks, latches or other security devices or systems.

3. Intercom systems.

4. Fences or privacy walls.

5. Insulation or vapor barriers in exterior walls.

6. Safety glazing.

7. Garage door operator remote control transmitters.

8. Geological or soil conditions.

9. Recreational facilities.

10. Out−buildings other than garages and carports.

11. Trees, shrubs and other vegetation.

(6) PLUMBING SYSTEMS. (a) A home inspector shall observe

and describe the condition of all of the following:

1. Interior water supply and distribution system, including

piping materials, supports, fixtures, faucets, functional flow and

drainage, leaks and cross connections.

2. Interior drain, waste and vent system, including traps,

drain, waste, and vent piping, piping supports and leaks.

3. Hot water systems, including water heating equipment,

normal operating controls, automatic safety controls, and the

exterior surfaces of chimneys, flues, and vents.

4. Fuel storage and distribution systems, including interior

fuel storage equipment, supply piping, venting, supports and

leaks.

5. Sump pumps.

(b) A home inspector shall operate all plumbing fixtures,

including their faucets and accessible exterior faucets attached

to the dwelling unit.

(c) A home inspector is not required to do any of the follow-

ing:

1. State the effectiveness of anti−siphon devices.

2. Determine whether the water supply and waste disposal

systems are public or private.

3. Operate automatic safety controls or sump pumps

equipped with internal or water dependent switches.

4. Operate any valve except water closet flush valves, fix-

ture faucets and hose faucets.

5. Observe water conditioning systems, fire and lawn sprin-

kler systems, on−site water supply quantity and quality, on−site

disposal systems, foundation drainage systems, or spas.

6. Observe the interior of flues, chimneys and vents, or solar

water heating systems.

7. Observe any exterior plumbing components such as

water mains or swimming pools.

8. Determine water temperature.

9. Determine the proper sizing, design or use of plumbing

materials.

(7) ELECTRICAL SYSTEMS. (a) A home inspector shall

observe and describe the condition of all of the following:

1. Service entrance conductors.

2. Service equipment, grounding equipment, main over cur-

rent device.

3. Main and distribution panels, including their location.

4. Amperage and voltage ratings of the service, including

whether service type is overhead or underground.

5. Branch circuit conductors, their over current devices, and

the compatibility of their ampacities and voltages, including any

aluminum branch circuit wiring.

6. The operation of a representative number of installed

lighting fixtures, switches and receptacles located inside the

house, garage and any exterior walls.

7. The polarity and grounding of all receptacles within 6 feet

of interior plumbing fixtures, in the garage or carport, and on the

exterior of inspected structures.

8. The operation of ground fault circuit interrupters.

9. The functionality of the power sources for smoke detec-

tors.

(b) A home inspector is not required to do any of the follow-

ing:

1. Insert any tool, probe or testing device inside the panels.

2. Test or operate any over current device except ground

fault circuit interrupters.

3. Dismantle any electrical device or control other than to

remove the covers of the main and auxiliary distribution panels.

4. Observe low voltage systems, telephones, security sys-

tems, cable TV, intercoms, or other ancillary wiring that is not

a part of the primary electrical distribution systems.

5. Measure amperage, voltage or impedance.

(8) INTERIORS. (a) A home inspector shall observe and

describe the condition of all of the following:

1. Walls, ceilings and floors.

2. Steps, stairways, balconies and railings.

3. Counters and all sink base cabinets.

4. A random sample of doors and windows.

5. Separation walls, ceilings, and doors between a dwelling

unit and an attached garage or another dwelling unit.

6. Signs of water penetration into the building or signs of

abnormal or harmful condensation on building components.

171 SAFETY AND PROFESSIONAL SERVICES SPS 131.41

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on this Website Official? Register August 2014 No. 704

(b) A home inspector is not required to observe any of the fol-

lowing:

1. Paint, wallpaper, and other cosmetic finish treatments on

the interior walls, ceilings and floors.

2. Carpeting.

3. Draperies, blinds or other window treatments.

4. Household appliances.

5. Recreational facilities or another dwelling unit.

(9) HEATING SYSTEMS. (a) A home inspector shall observe

and describe the condition of all of the following within a perma-

nently installed heating system:

1. Heating equipment and distribution systems.

2. Normal operating controls and energy source.

3. Automatic safety controls.

4. Exterior surfaces of chimneys, flues and vents.

5. Solid fuel heating devices.

6. The presence of an installed heat source in each room.

(b) A home inspector shall operate the systems using normal

operating controls and open readily accessible access panels

provided by the manufacturer or installer for routine home-

owner maintenance.

(c) A home inspector is not required to do any of the follow-

ing:

1. Operate heating systems when weather conditions or

other circumstances may cause equipment damage.

2. Operate automatic safety controls.

3. Ignite or extinguish fuel fires.

4. Observe the interior of flues, fireplace insert flue connec-

tors, humidifiers, electronic air filters, or the uniformity or ade-

quacy of heat supply to the various rooms.

5. Observe a heat exchanger unless it is readily observable

and normally accessible to an occupant of a dwelling unit.

(10) CENTRAL AIR CONDITIONING. (a) A home inspector shall

observe and describe the condition of all of the following:

1. Cooling and air handling equipment, including type and

energy source.

2. Normal operating controls.

3. The presence of an installed cooling source in each room.

(b) A home inspector shall operate the systems, using normal

operating controls, and open readily accessible access panels

provided by the manufacturer or installer for routine home-

owner maintenance.

(c) A home inspector is not required to do any of the follow-

ing:

1. Operate cooling systems when weather conditions or

other circumstances may cause equipment damage.

2. Observe non−central air conditioners.

3. Observe the uniformity or adequacy of cool−air supply

to the various rooms.

4. Operate electronic air filters.

5. Observe the pressure of the system coolant or determine

the presence of leakage.

6. Test the electrical current drawn by the unit.

(11) INSULATION AND VENTILATION. (a) A home inspector

shall observe and describe the condition of all of the following:

1. The presence or absence of insulation in unfinished

spaces.

2. Ventilation of attics and foundation areas.

3. Kitchen, bathroom, and laundry venting systems.

(b) A home inspector is not required to observe any of the fol-

lowing:

1. Concealed insulation.

2. Venting equipment which is integrated with household

appliances.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; CR 14−010: renum. sec-

tion 131.32 from section SPS 134.03 Register August 2014 No. 704, eff. 9−1−14.

SPS 131.33 Contents of a home inspection report.

(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.

(c) Describes the condition of any item identified in s. SPS

131.32.

(d) Describes the condition of any item identified in s. SPS

131.32 that, if not repaired, will have significant adverse effect

on the life expectancy of the identified item.

(e) Lists any material adverse facts that a home inspector has

knowledge of or has observed.

(2) A home inspector is not required to report on any of the

following aspects of items identified in s. SPS 131.32:

(a) Their life expectancy.

(b) The reason for the necessity of a major repair.

(c) The method of making any repair or correction, the mate-

rials needed for any repair or correction, or the cost of any repair

or correction.

(d) The suitability for any specialized use of an improvement

to residential real property.

(e) Whether they comply with applicable regulatory require-

ments.

(3) A home inspector may not report in writing or verbally

on any of the following:

(a) The market value or marketability of a property.

(b) Whether a property should be purchased.

(4) A home inspector is not required to retain inspectors or

investigators to perform follow−up inspections or investigations

of any material adverse facts that a home inspector has knowl-

edge of or has observed under sub. (1) (d).

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; correction in (1) (a), (b),

(c), (d), (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2011

No. 671; CR 14−010: renum. section 131.33 from section SPS 134.04 and am.

(1) (a), (b) Register August 2014 No. 704, eff. 9−1−14; corrections in (1) (c), (d),

(2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register August 2014 No. 704.

Subchapter V — Continuing Education

Requirements

SPS 131.41 Continuing education requirements

for registration renewal. (1) Except as provided in sub. (2),

every registered home inspector shall complete a minimum of

40 continuing education credit hours during each biennial regis-

tration period.

(2) A registrant is not required to complete continuing

education credit hours between initial registration and the first

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 inspec-

tion until the registration is renewed, except as provided in s.

SPS 131.45.

(4) Continuing education credit hours shall be obtained

through any of the following means:

SPS 131.41 WISCONSIN ADMINISTRATIVE CODE 172

The Wisconsin Administrative Code on this web site is updated on the 1st day of each month, current as of that date. See also Are the Codes

on this Website Official? Register August 2014 No. 704

(a) Attending seminars, corporate in−house courses, work-

shops, or professional or technical presentations made at meet-

ings, conventions, or conferences meeting the requirements of

s. SPS 131.42. Attendance may be in person or via remote class-

room where a provider is available to participate to comment

and answer questions.

(b) Teaching a continuing education training program. Fifty

minutes of actual instruction is equivalent to one continuing

education credit hour. No additional continuing education credit

hours will be granted for subsequent presentations of identical

material.

(c) Participating in a continuing education training program

that does not meet in person including the completion of interac-

tive short courses or tutorials, delivery of educational programs

and courses on CD−ROM or the Internet, webinars, or corre-

spondence courses.

(5) A registrant may only receive credit for the initial attend-

ance of a continuing education training program during a bien-

nium. A registrant may not receive additional continuing educa-

tion credit hours for repeated attendance at a continuing

education training program during a biennium.

(6) A registrant may not receive continuing education credit

hours for work completed as part of the registrant’s regular

duties as a home inspector.

History: CR 14−010: cr. Register August 2014 No. 704, eff. 9−1−14.

SPS 131.42 Standards for continuing education

training programs. 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 reg-

istrant 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 spe-

cialized 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.

History: CR 14−010: cr. Register August 2014 No. 704, eff. 9−1−14; correction

in numbering in (3) (a) to (g) made under s. 13.92 (4) (b) 1., Stats., Register

August 2014 No. 704, eff. 9−1−14.

SPS 131.43 Certificate of completion, proof of

attendance. (1) Each registrant shall certify on the registra-

tion renewal application that he or she has fully complied with

the continuing education requirements of this subchapter.

(2) The department may conduct a random audit of its regis-

trants on a biennial basis for assessing compliance with the con-

tinuing education requirements in this subchapter. It is the

responsibility of each registrant to retain or otherwise produce

evidence of compliance.

(3) If evidence of compliance is required by the department

or its designee, the registrant shall submit the requested informa-

tion within 30 business days of receiving written notice. Failure

to do so may result in disciplinary action.

History: CR 14−010: cr. Register August 2014 No. 704, eff. 9−1−14.

SPS 131.44 Recordkeeping. A registrant shall obtain

a certificate of completion from the program provider for each

continuing education training program completed. The regis-

trant shall retain the certificate of completion and any other

required, related documentation for a minimum of 5 years.

History: CR 14−010: cr. Register August 2014 No. 704, eff. 9−1−14.

SPS 131.45 Waiver of continuing education

requirements. (1) A renewal applicant who is actively prac-

ticing in the profession and is unable to fully comply with the

continuing education requirements due to temporary, extreme

hardship, as determined by the department, may submit a written

request for a waiver or a written request for an extension of time

to complete the continuing education requirements. The depart-

ment will review the request, and in its sole discretion may grant

a full or partial waiver, or an extension of time to comply with

the requirements.

(2) A renewal applicant who prior to the expiration date of

the registration submits a request for a waiver and provides a

written statement setting forth the basis for the request, shall be

deemed to be in good standing until the final decision on the

request is made by the department. If the waiver is denied and

the registration has expired, the applicant shall immediately dis-

continue engaging in the practice of home inspection until the

applicant meets the requirements of s. SPS 131.41 and submits

evidence of compliance to the department.

(3) A renewal applicant may not receive a waiver under this

section for 2 consecutive biennia.

History: CR 14−010: cr. Register August 2014 No. 704, eff. 9−1−14.