101.16(5m)(b)
(b) Notwithstanding
s. 814.04 (1), a retail supplier who prevails in an action under
par. (a) shall be awarded reasonable attorney fees.
101.16(5m)(c)
(c) An action under this subsection shall be commenced within 180 days after the cause of action accrues or be barred.
101.16(6)
(6) Exemption. This section does not apply to railroads engaged in interstate commerce or to equipment used by them.
101.16 History
History: 1971 c. 185 s.
1; Stats. 1971 s. 101.16;
2007 a. 203;
2009 a. 180.
101.16 Cross-reference
Cross-reference: See also ss.
Comm 5.73 and
40.40, Wis. adm. code.
101.17
101.17
Machines and boilers, safety requirement. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employees and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with this subchapter. Any person violating this section shall be subject to the forfeitures provided in
s. 101.02 (12) and
(13).
101.17 History
History: 1971 c. 185 ss.
1,
7;
1971 c. 228 ss.
19,
43; Stats. 1971 s. 101.17;
1995 a. 27.
101.17 Cross-reference
Cross-reference: See also chs.
Comm 18,
33,
34,
41,
43, and
45, Wis. adm. code.
101.175
101.175
Local energy resource systems. 101.175(1)(a)
(a) "Local energy resource system" means a solar energy system, a wind energy system or a wood energy system.
101.175(1)(b)
(b) "Solar energy system" means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.
101.175(1)(c)
(c) "Wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy.
101.175(1)(d)
(d) "Wood energy system" means woodburning stove or furnace.
101.175(1m)
(1m) The purpose of this section is to establish statewide local energy resource system standards to promote accurate consumer evaluation of local energy resource systems and components thereof.
101.175(2)
(2) Any manufacturer or retailer prior to the sale in this state of any local energy resource system or components thereof may request the department to issue a seal of quality for each system or component which meets or exceeds the quality standards established by the department under
sub. (4).
101.175(3)
(3) The department, in consultation with the department of agriculture, trade and consumer protection, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:
101.175(3)(a)
(a) Promote accurate consumer evaluation of local energy resource systems and components thereof.
101.175(3)(b)
(b) Conform, where feasible, with national performance standards promulgated or recognized by the federal government for local energy resource systems.
101.175(3)(c)
(c) Promote the production, marketing and installation of local energy resource systems.
101.175(4)
(4) The quality standards under
sub. (3) shall include but are not limited to:
101.175(4)(a)
(a) The requirement of a warranty and minimum requirements for the contents thereof.
101.175(4)(b)
(b) The requirement of an operation and maintenance manual and minimum requirements for the contents thereof.
101.175(4)(c)
(c) Minimum specifications for materials, workmanship, durability and efficiency.
101.175(5)
(5) Upon request by any manufacturer or retailer of any local energy resource system or components thereof which meet or exceed the quality standards established under
sub. (4), the department shall issue an appropriate seal of quality. The department may charge a fee to cover the cost of the seal and to cover the cost of examining the system or its components.
101.175(6)
(6) Misrepresentation, misuse or duplication of the department seal of quality issued under
sub. (5) shall be deemed deceptive advertising under
s. 100.18 (9m).
101.175(7)
(7) At the request of any buyer of a local energy resource system the department may inspect any local energy resource system necessary to ascertain compliance with this section.
101.175 Cross-reference
Cross-reference: See also ch.
Comm 71, Wis. adm. code.
101.177
101.177
Refrigeration equipment and ozone-depleting refrigerant. 101.177(1)(a)
(a) "Approved refrigerant reclaiming equipment" means equipment that the department or an independent standards testing organization approved by the department determines will treat ozone-depleting refrigerant removed from refrigeration equipment so that the ozone-depleting refrigerant meets the standard of purity for reclaimed refrigerant established under
sub. (4) (a) 1.
101.177(1)(am)
(am) "Approved refrigerant recycling equipment" means equipment that the department or an independent standards testing organization approved by the department determines will reduce contaminants in used ozone-depleting refrigerant by oil separation and passes through devices that reduce moisture, acidity and particulate matter.
101.177(1)(c)
(c) "Refrigeration equipment" means mechanical vapor compression refrigeration equipment except for a mobile air conditioner, as defined in
s. 100.45 (1) (b), or trailer refrigeration equipment, as defined in
s. 100.45 (1) (e).
101.177(1)(d)
(d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.
101.177(2)
(2) Servicing. No person, including a state agency, may install or service a piece of refrigeration equipment that contains ozone-depleting refrigerant unless the person certifies all of the following to the department:
101.177(2)(a)
(a) That the person does not use ozone-depleting refrigerant for cleaning purposes, including to clean the interior or exterior surfaces of refrigeration equipment.
101.177(2)(b)
(b) That the person transfers the ozone-depleting refrigerant from refrigeration equipment to storage containers using equipment that is approved by the department whenever the person removes ozone-depleting refrigerant from refrigeration equipment.
101.177(2)(c)
(c) That the individuals who use the equipment to transfer ozone-depleting refrigerant under
par. (b) have the qualifications established under
sub. (4) (a) 2.
101.177(2)(d)
(d) That the person does not knowingly or negligently release ozone-depleting refrigerant to the environment, except for minimal releases that occur as a result of efforts to recover, reclaim or recycle ozone-depleting refrigerant removed from refrigeration equipment.
101.177(2)(e)
(e) That the person inspects and, if necessary, repairs refrigeration equipment that leaks, or is suspected of leaking, before putting additional ozone-depleting refrigerant into that refrigeration equipment.
101.177(2)(g)
(g) That, for the purposes of determining whether repairs are necessary under
par. (e), the person uses a yearly leak rate identified by the federal environmental protection agency.
101.177(3)(a)(a) After December 31, 1991, no person, including a state agency, may sell used ozone-depleting refrigerant removed from refrigeration equipment for reuse unless the person certifies all of the following to the department:
101.177(3)(a)1.
1. That the person or another person reclaims the ozone-depleting refrigerant using approved refrigerant reclaiming equipment.
101.177(3)(a)2.
2. That the individuals who use the approved refrigerant reclaiming equipment under
subd. 1. have the qualifications established under
sub. (4) (a) 3.
101.177(3)(b)
(b) Paragraph (a) does not apply to a person that sells used ozone-depleting refrigerant removed from refrigeration equipment to another person for reclaiming, as provided in
par. (a) 1., by that other person if the person informs the other person that the ozone-depleting refrigerant has not been reclaimed as provided in
par. (a) 1.
101.177(3m)
(3m) Sale of new or reclaimed refrigerant. No person may sell or offer to sell new or reclaimed ozone-depleting refrigerant except as authorized in
s. 100.45 (3) (b) or to one of the following:
101.177(3m)(a)
(a) A person who intends to resell the ozone-depleting refrigerant.
101.177(3m)(b)
(b) A person who provides certification to the department under
sub. (2).
101.177(4)
(4) Department duties. The department shall do all of the following:
101.177(4)(a)
(a) Promulgate rules for the administration of this section including establishing all of the following:
101.177(4)(a)1.
1. A standard of purity for reclaimed refrigerant that is based on recognized national industry standards.
101.177(4)(a)2.
2. Qualifications, which may include training or certification requirements, for individuals who use equipment to transfer ozone-depleting refrigerant from refrigeration equipment to storage containers.
101.177(4)(a)2m.
2m. Qualifications, which may include training or certification requirements, for individuals who transfer ozone-depleting refrigerant from storage containers to approved refrigerant recycling equipment, approved refrigerant reclaiming equipment or other storage containers.
101.177(4)(a)3.
3. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment.
101.177(4)(a)3m.
3m. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant reclaiming equipment.
101.177(4)(b)
(b) Identify approved refrigerant recycling equipment or approve independent testing organizations that may identify approved refrigerant recycling equipment.
101.177(4)(bm)
(bm) Identify approved refrigerant reclaiming equipment or approve independent testing organizations that may identify approved refrigerant reclaiming equipment.
101.177(4)(c)
(c) Approve equipment for the transfer of ozone-depleting refrigerant from refrigeration equipment to storage containers.
101.177(4m)
(4m) Department powers. The department may promulgate rules providing that any portion of
sub. (2),
(3) or
(3m) applies with respect to a substance used as a substitute for an ozone-depleting refrigerant.
101.177(5)(a)(a) Any person who violates
sub. (2) shall be required to forfeit not less than $50 nor more than $1,000. Each installation or servicing in violation of
sub. (2) constitutes a violation.
101.177(5)(b)
(b) Any person who violates
sub. (3) or
(3m) shall be required to forfeit not less than $50 nor more than $1,000. Each sale in violation of
sub. (3) or
(3m) constitutes a violation.
101.178
101.178
Installation and servicing of heating, ventilating and air conditioning equipment. 101.178(1)
(1) In this section, "political subdivision" means a city, village, town or county.
101.178(2)
(2) No person may engage in the business of installing or servicing heating, ventilating or air conditioning equipment unless the person registers with the department.
101.178(3)(a)(a) The department shall promulgate rules for a voluntary program under which a person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment may obtain certification by passing an examination developed or selected by the department.
101.178(3)(b)
(b) A political subdivision may not require a person to obtain certification under
par. (a) in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in that political subdivision unless all of the following apply:
101.178(3)(b)1.
1. On April 23, 1994, the political subdivision requires certification, licensure or other approval by the political subdivision in order to engage in that business in the political subdivision.
101.178(3)(b)2.
2. The political subdivision allows a person who has the approval under
subd. 1. on April 23, 1994, to continue to engage in that business in the political subdivision without obtaining certification under
par. (a).
101.178(3)(c)
(c) A political subdivision may not require a person who is certified under
par. (a) to obtain certification, licensure or other approval by the political subdivision in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in that political subdivision.
101.178(3)(d)
(d) A political subdivision may not require a person to obtain certification, licensure or other approval by the political subdivision in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in the political subdivision unless the political subdivision requires that approval before November 1, 1993.
101.178(4)
(4) The department may establish fees to cover the costs of administering this section.
101.178(5)
(5) Any person who violates
sub. (2) shall be required to forfeit not less than $50 nor more than $1,000. Each installation or servicing in violation of
sub. (2) constitutes a separate violation.
101.178 History
History: 1993 a. 243.
101.178 Cross-reference
Cross-reference: See also ss.
Comm 5.70,
5.71, and
5.72, Wis. adm. code.
101.18
101.18
Electric fences. The department shall ascertain, fix and order such reasonable standards, rules or regulations for the erection, construction, repair and maintenance of electric fences as shall render them safe.
101.18 History
History: 1971 c. 185 s.
1;
1971 c. 228; Stats. 1971 s. 101.18.
101.19
101.19
Fees and records. 101.19(1)(1) The department, by rule promulgated under
ch. 227, shall fix and collect fees which shall, as closely as possible, equal the cost of providing the following services:
101.19(1)(a)
(a) The examination of plans for public buildings, public structures, places of employment and the components thereof.
101.19(1)(b)
(b) The required inspection of boilers, pressure vessels, refrigeration plants, liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, ski lift and towing devices, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.
