RNK:wlj:md
2009 - 2010 LEGISLATURE
February 27, 2009 - Introduced by Representatives Sinicki, Berceau, Newcomer,
Grigsby, Mason, Richards, Turner, Pasch, Fields, Parisi, Benedict, A.
Williams, A. Ott
and Van Roy, cosponsored by Senators Coggs, Wirch,
Lehman, Hansen, Carpenter, Plale, Lassa, Darling, Olsen
and Erpenbach.
Referred to Committee on Labor.
AB102,1,7 1An Act to amend 20.143 (3) (j), 101.02 (20) (a) and 101.02 (21) (a); and to create
215.157 (15) and 101.136 of the statutes; relating to: the licensing and
3regulation of thermal system insulation mechanics; creating a thermal system
4insulation council; requiring the employment of a state inspector; establishing
5standards for installing and maintaining thermal system insulation; requiring
6the exercise of rule-making authority; making an appropriation; and providing
7a penalty.
Analysis by the Legislative Reference Bureau
The Department of Commerce (Commerce) administers various laws, including
building codes, that promote safety in public and private buildings and in the
subsystems of those buildings. To that end, Commerce issues various licenses,
permits, registrations, and other credentials (licenses) to persons engaged in the
construction trades, such as electricians and plumbers. Commerce also issues
licenses in connection with the administration of other laws relating to public safety,
such as those regulating fireworks and the storage of flammable liquids.
This bill requires Commerce to regulate the business of installing and
maintaining thermal system insulation in commercial and industrial buildings and
in residential buildings that contain four or more residential units. The bill defines
thermal system insulation as a product used in a heating, ventilating, cooling,

plumbing, or refrigeration system (heating or cooling system) to insulate any hot or
cold surface on or in a building. The bill requires Commerce to license most persons
who install and maintain thermal system insulation in heating or cooling systems
(mechanics). The bill also requires Commerce to employ a state thermal system
insulation inspector (state inspector). The bill establishes a thermal system
insulation council (council), which recommends to Commerce the requirements for
the licensure of mechanics. The council must also provide other advice to Commerce,
including recommending training and continuing education requirements for
mechanics.
Under the bill, the state inspector must have at least ten years of experience
as a mechanic and must have successfully completed an apprenticeship program in
installing and maintaining thermal system insulation. The state inspector must
inspect buildings to determine whether the buildings comply with standards
established by Commerce for the installation and maintenance of thermal system
insulation (state standards). The state inspector must also keep complete and
accurate records of all inspected buildings and give notice of noncompliance to the
owner of every building who fails to comply with state standards. The bill authorizes
the state inspector to enter and inspect buildings and to issue orders requiring the
owner of a building to make repairs or alterations necessary for the building to
conform to state standards. Under the bill, the state inspector must also provide
assistance and information to building inspectors who inspect buildings for
compliance with the standards established by Commerce under this bill.
The bill establishes minimum licensing requirements for thermal system
insulation mechanics. Under the bill, a person may not obtain a mechanic's license
unless he or she has acquired a specified amount of experience installing and
maintaining thermal system insulation and passed a written examination approved
by Commerce or has successfully completed an approved apprenticeship program.
The licensing requirement under the bill does not apply to a person who makes only
minor repairs to thermal system insulation.
The bill allows Commerce to waive any licensing requirement for mechanics for
a person who is licensed in another state in which the standards for licensure are at
least as strict as the bill's requirements. The bill also allows Commerce to waive any
licensing requirement for experienced mechanics who submit evidence satisfactory
to Commerce that the mechanic is qualified for licensure. The bill further provides
that Commerce may not renew a license issued to a mechanic unless the mechanic
completes an approved continuing education course during the previous license
period.
The bill authorizes Commerce to assess directly a forfeiture by issuing an order
against any person who installs, or contracts to install, insulation products without
a license or who fails to comply with an order issued by the state inspector.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB102, s. 1 1Section 1. 15.157 (15) of the statutes is created to read:
AB102,3,62 15.157 (15) Thermal system insulation council. There is created in the
3department of commerce a thermal system insulation council consisting of the state
4thermal system insulation inspector who shall serve as a nonvoting secretary of the
5council, the secretary of commerce or his or her designee, and the following members
6appointed for 3-year terms:
AB102,3,107 (a) Two members who represent major insulation companies that sponsor an
8apprenticeship training program in installing and maintaining thermal system
9insulation that is approved by the department and that meets the requirements of
10the department of workforce development under ch. 106.
AB102,3,1211 (b) One member who is an architect licensed to do business in this state with
12work experience in the area of indoor air quality.
AB102,3,1713 (c) Two members who are mechanics with at least 10 years of experience in the
14area of heat and frost insulation and who have successfully completed training in
15installing and maintaining thermal system insulation under an apprenticeship
16program that is approved by the department and that meets the requirements of the
17department of workforce development under ch. 106.
AB102,3,1818 (d) One member who is a general contractor in this state.
AB102, s. 2 19Section 2. 20.143 (3) (j) of the statutes is amended to read:
AB102,4,820 20.143 (3) (j) Safety and building operations. The amounts in the schedule for
21the purposes of chs. 101, 145, and 168 and ss. 236.12 (2) (a), 236.13 (1) (d) and (2m),

1and 236.335, for the purpose of transferring the amounts in the schedule under par.
2(kg) to the appropriation account under par. (kg), and for the purpose of transferring
3the amounts in the schedule under par. (km) to the appropriation account under par.
4(km). All moneys received under ch. 145, ss. 101.136 (6) (b), 101.177 (4) (a) 4.,
5101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973
6(7), and 236.12 (7), except moneys received under s. 101.9208 (2m), and all moneys
7transferred under 2005 Wisconsin Act 45, section 76 (6), shall be credited to this
8appropriation.
AB102, s. 3 9Section 3. 101.02 (20) (a) of the statutes is amended to read:
AB102,4,1510 101.02 (20) (a) For purposes of this subsection, "license" means a license,
11permit or certificate of certification or registration issued by the department under
12ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.15 (2) (e), 101.17,
13101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6),
14101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4),
15145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
AB102, s. 4 16Section 4. 101.02 (21) (a) of the statutes is amended to read:
AB102,4,2217 101.02 (21) (a) In this subsection, "license" means a license, permit or
18certificate of certification or registration issued by the department under s. 101.09
19(3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a),
20101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935,
21101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15,
22145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
AB102, s. 5 23Section 5. 101.136 of the statutes is created to read:
AB102,4,25 24101.136 Regulation of thermal system insulation installation. (1)
25Definitions. In this section:
AB102,5,3
1(a) "Building" means a commercial, industrial, or residential building,
2structure, or facility, as defined by the department by rule, but does not include a
3residential building, structure, or facility that contains 3 or fewer residential units.
AB102,5,64 (b) "Building inspector" means a person who is certified under rules
5promulgated by the department to make inspections of public buildings and places
6of employment.
AB102,5,77 (c) "Council" means the thermal system insulation council.
AB102,5,98 (d) "Mechanic" means a person who installs or maintains thermal system
9insulation in heating, ventilating, cooling, plumbing, and refrigeration systems.
AB102,5,1010 (e) "State inspector" means the state thermal system insulation inspector.
AB102,5,1411 (f) "Thermal system insulation" means a product that is used in a heating,
12ventilating, cooling, plumbing, or refrigeration system to insulate any hot or cold
13surface, including a pipe, duct, valve, boiler, flue, or tank, or equipment on or in a
14building.
AB102,5,21 15(2) Standards. The department shall promulgate rules establishing standards
16for the installation and maintenance of thermal system insulation in buildings. The
17department shall base the standards, to the extent possible, on national industry
18standards for installing and maintaining thermal system insulation. Beginning on
19the first day of the 19th month beginning after the effective date of this subsection
20.... [LRB inserts date], thermal system insulation in buildings shall conform to these
21standards.
AB102,5,23 22(3) Duties of the thermal system insulation council. (a) The council shall
23do all of the following:
AB102,6,3
11. Recommend rules for promulgation by the department to establish
2standards for the installation and maintenance of thermal system insulation in
3buildings.
AB102,6,64 2. Recommend to the department requirements for the licensure of mechanics
5and circumstances under which the department may take disciplinary action
6against a mechanic, including suspension and revocation of a license.
AB102,6,77 3. Recommend to the department qualifications for the state inspector.
AB102,6,98 4. Recommend to the department training and continuing education
9requirements for mechanics.
AB102,6,1210 (b) The council may consult with engineering authorities and other
11organizations concerned with safety and health issues related to thermal system
12insulation and mold in performing its duties under this subsection.
AB102,6,19 13(4) Inspection. (a) The department shall employ a person who has at least 10
14years of experience as a mechanic, and who has successfully completed an
15apprenticeship program in installing and maintaining thermal system insulation
16that is approved by the department and that meets the requirements of the
17department of workforce development under ch. 106, as the state inspector. The
18state inspector shall work under the direct supervision of the secretary or his or her
19designee.
AB102,6,2020 (b) The state inspector shall do all of the following:
AB102,7,321 1. Inspect buildings constructed, or in which the mechanical systems have been
22altered, to determine whether the installation or maintenance of thermal system
23insulation in those buildings complies with the standards established by the
24department under sub. (2). The state inspector shall conduct the inspections on a
25random basis and whenever requested to do so by a building inspector. This

1subdivision applies to buildings constructed, and mechanical systems that have been
2altered, on or after the first day of the 19th month beginning after the effective date
3of this subdivision .... [LRB inserts date].
AB102,7,64 2. Provide assistance and information to building inspectors who inspect
5buildings for compliance with the standards established by the department under
6sub. (2).
AB102,7,117 3. Keep complete and accurate records of all inspected buildings, including a
8list identifying all buildings that are in compliance with the standards established
9by the department under sub. (2), a list of all buildings that are not in compliance
10with the standards established by the department under sub. (2), and a list of all
11orders that the state inspector issues under par. (c).
AB102,7,1412 4. Give written notice of noncompliance to the owner of every building that the
13state inspector determines does not comply with the standards established by the
14department under sub. (2).
AB102,7,1815 (c) The state inspector may issue an order requiring the owner of a building to
16make repairs or alterations that the state inspector determines are necessary in
17order for the building to comply with the standards established by the department
18under sub. (2). The inspector shall issue such an order in writing.
AB102,7,20 19(5) Rules. The department shall promulgate rules establishing all of the
20following:
AB102,7,2221 (a) Requirements for the licensing of mechanics. The rules shall provide that
22a license issued to a mechanic under this section is valid for 2 years and is renewable.
AB102,7,2323 (b) A definition of "minor repairs" for purposes of sub. (6) (a) 2.
AB102,7,2524 (c) License fees for mechanics. The rules shall establish fees for the licensing
25of mechanics that are not less than $250 nor more than $1,000 for each license period.
AB102,8,1
1(d) Training and continuing education requirements for mechanics.
AB102,8,62 (e) Procedures governing the assessment of forfeitures under sub. (11),
3including the procedure for issuing an order for an alleged violation of this section,
4the procedure for contesting an order issued for an alleged violation of this section,
5and the procedure for contesting the assessment of a forfeiture for an alleged
6violation of this section.
AB102,8,13 7(6) Licensing of mechanics. (a) 1. Except as provided in subd. 2., beginning
8on the first day of the 24th month beginning after the effective date of this
9subdivision .... [LRB inserts date], no person may install or maintain thermal system
10insulation in any building unless that person is a mechanic licensed by the
11department under this section, is working under the direct supervision of a licensed
12mechanic, or is serving an apprenticeship in the installation and maintenance of
13thermal system insulation that meets the requirements specified under ch. 106.
AB102,8,1514 2. Subdivision 1. does not apply to a person who makes only minor repairs to
15thermal system insulation.
AB102,8,1816 (b) A person wishing to obtain a mechanic's license shall apply for a license by
17submitting an application on a form provided by the department together with the
18applicable fee.
AB102,8,2119 (c) Except as provided in par. (d), the department may not issue a license to a
20mechanic unless the mechanic meets the requirements established by the
21department by rule and either of the following requirements:
AB102,8,2422 1. He or she has at least 1,000 hours of experience in each of 4 consecutive years
23installing and maintaining thermal system insulation under the supervision of a
24licensed mechanic and has passed an examination approved by the department.
AB102,9,4
12. He or she has successfully completed training in installing and maintaining
2thermal system insulation under an apprenticeship program that is approved by the
3department and that meets the requirements of the department of workforce
4development under ch. 106.
AB102,9,85 (d) The department may waive any requirement, or any portion of a
6requirement under par. (c) for any person with experience in installing or
7maintaining thermal system insulation upon submission of evidence satisfactory to
8the department that the person is qualified for licensure.
AB102,9,139 (e) The department may not renew a license issued to a mechanic under this
10section unless the mechanic submits a certificate to the department that
11demonstrates that the mechanic has attended and successfully completed during the
12previous license period a continuing education course approved by the department,
13upon consultation with the council.
AB102,9,16 14(7) Licensing exceptions. The department may waive a licensing requirement
15under sub. (6) for any person who is licensed as a mechanic in another state in which
16the standards for licensure are at least as strict as the requirements under sub. (6).
AB102,9,20 17(8) Temporary and emergency licenses. The department may promulgate
18rules establishing standards and procedures for the issuance of temporary and
19emergency licenses for mechanics. The rule shall provide that a temporary or
20emergency license issued under this subsection is valid for 30 days.
AB102,9,21 21(9) Prohibitions. No person may do any of the following:
AB102,9,2322 (a) Make a false statement of material fact in an application for the issuance
23or renewal of a license under this section.
AB102,9,2524 (b) Engage in fraud, misrepresentation, or bribery to obtain a license under this
25section.
AB102,10,3
1(10) Penalties. A person who violates this section or who fails to comply with
2an order issued by the state inspector under this section is subject to a forfeiture of
3not less than $2,000 nor more than $5,000 for each violation.
AB102,10,7 4(11) Assessment of forfeitures by the department. (a) The department may
5directly assess a forfeiture by issuing an order against any person who violates this
6section or who fails to comply with an order issued by the state inspector under this
7section.
AB102,10,98 (b) The department shall remit all forfeitures paid to the department under this
9subsection to the secretary of administration for deposit into the school fund.
AB102,10,1110 (c) All forfeitures that are not paid to the department as required under this
11subsection shall accrue interest at the rate of 12 percent per year.
AB102,10,1612 (d) The attorney general may bring an action in the name of the state to collect
13any forfeiture imposed by the department, or interest accrued, if the forfeiture or
14interest has not been paid after the exhaustion of all administrative and judicial
15reviews. The only contestable issue in such an action is whether the forfeiture has
16been paid.
AB102, s. 6 17Section 6 . Nonstatutory provisions.
AB102,10,2118 (1) Council. Notwithstanding the length of terms of the members of the
19thermal system insulation council specified in section 15.157 (15) (a) to (d) of the
20statutes, as created by this act, the initial members shall be appointed for the
21following terms:
AB102,10,2222 (a) Two members for a term that expires on July 1, 2012.
AB102,10,2323 (b) Two members for a term that expires on July 1, 2013.
AB102,10,2424 (c) Two members for a term that expires on July 1, 2014.
AB102, s. 7 25Section 7 . Fiscal changes.
AB102,11,7
1(1) State thermal system insulation inspector. In the schedule under section
220.005 (3) of the statutes for the appropriation to the department of commerce under
3section 20.143 (3) (j) of the statutes, as affected by the acts of 2009, the dollar amount
4is increased by $78,100 for fiscal year 2008-09 and the dollar amount is increased
5by $78,100 for fiscal year 2009-10 to increase the authorized FTE positions for the
6department of commerce by 1.0 PR position to perform the responsibilities of the
7state thermal system insulation inspector.
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