101.14(4m)(a)4.
4. "Nondwelling unit portions" means the common use areas of a multifamily dwelling, including corridors, stairways, basements, cellars, vestibules, atriums, community rooms, laundry rooms or swimming pool rooms.
101.14(4m)(a)5.
5. "Political subdivision" means a county, city, village or town.
101.14(4m)(a)5m.
5m. "Two-hour fire resistance" means 2-hour fire separations for all walls that separate dwelling units, exit corridors and exit stair enclosures and for all floors and ceilings, so that the specified walls, floors and ceilings are capable of resisting fire for a period not shorter than 2 hours.
101.14(4m)(am)
(am) A political subdivision may enact ordinances, as provided in this paragraph, that require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling. Any ordinance enacted under this paragraph shall meet the standards established under
pars. (b) and
(c) or under
pars. (d) and
(e).
101.14(4m)(b)
(b) The department shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that contains any of the following:
101.14(4m)(b)1.
1. Total floor area, for all individual dwelling units, exceeding 16,000 square feet.
101.14(4m)(b)3.
3. Total floor area of its nondwelling unit portions exceeding the limits established in
par. (c).
101.14(4m)(c)
(c) An automatic fire sprinkler system or 2-hour fire resistance is required under
par. (b) in a multifamily dwelling constructed by any of the following types of construction if the total floor area of the nondwelling unit portions in the multifamily dwelling exceeds the following:
101.14(4m)(c)3.
3. Type 3 metal frame protected construction, 8,000 square feet.
101.14(4m)(c)6.
6. Type 5B exterior masonry unprotected, 5,600 square feet.
101.14(4m)(c)8.
8. Type 7 wood frame protected construction, 5,600 square feet.
101.14(4m)(c)9.
9. Type 8 wood frame unprotected construction, 4,800 square feet.
101.14(4m)(d)
(d) A political subdivision's ordinances, enacted to meet the requirements of this paragraph and
par. (e), shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that contains any of the following:
101.14(4m)(d)1.
1. Total floor area, for all individual dwelling units, exceeding 8,000 square feet.
101.14(4m)(d)3.
3. Total floor area of its nondwelling unit portions exceeding the limits established in
par. (e).
101.14(4m)(e)
(e) A political subdivision's ordinances, enacted to meet the standards established in
par. (d) and this paragraph, shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that is constructed by any of the following types of construction if the total floor area of the nondwelling unit portions in the multifamily dwelling exceeds the following:
101.14(4m)(e)3.
3. Type 3 metal frame protected construction, 8,000 square feet.
101.14(4m)(e)6.
6. Type 5B exterior masonry unprotected, 5,600 square feet.
101.14(4m)(e)8.
8. Type 7 wood frame protected construction, 5,600 square feet.
101.14(4m)(e)9.
9. Type 8 wood frame unprotected construction, 4,800 square feet.
101.14(5)(a)(a) Subject to
par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in
s. 101.09 (1) (am), the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
101.14(5)(b)
(b) Notwithstanding
par. (a), an installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in
s. 101.09 (1) (am), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under
par. (a).
101.14 History
History: 1971 c. 185 s.
1;
1971 c. 228; Stats. 1971 s. 101.14;
1973 c. 324,
326,
336;
1975 c. 39,
94;
1977 c. 29,
413;
1979 c. 221;
1981 c. 320,
341;
1983 a. 36;
1983 a. 189 s.
329 (8);
1983 a. 295,
410;
1985 a. 29;
1985 a. 135 s.
83 (3);
1987 a. 288,
321,
399;
1989 a. 31,
109,
359;
1991 a. 187,
269;
1993 a. 261;
1995 a. 27;
1997 a. 27;
1999 a. 9,
43,
186;
2003 a. 269;
2005 a. 78,
220;
2007 a. 148,
149,
173;
2011 a. 257.
101.14 Cross-reference
Cross-reference: See s.
66.0119 for provision authorizing special inspection warrants.
101.14 Cross-reference
Cross-reference: See also chs.
SPS 314 and
362, Wis. adm. code.
101.14 Annotation
Inspection of buildings for safety and fire prevention purposes under s. 101.14 does not involve a quasi-judicial function within meaning of s. 895.43 (3) [now 893.80 (4)]. Coffey v. Milwaukee,
74 Wis. 2d 526,
247 N.W.2d 132 (1976).
101.14 Annotation
Sub. (4m) (b) limits the authority of the department of commerce under s. 101.02 (15) and sub. (4) (a) only insofar as it mandates the department to require sprinkler systems in multifamily dwellings that exceed twenty units or the specified floor area. Sub. (4m) (b) plainly does not restrict the authority of the department under other statutory provisions to promulgate rules requiring fire protection devices in multifamily dwellings that have fewer dwelling units or a smaller floor area than that specified in the statute. Wisconsin Builders Association v. Department of Commerce,
2009 WI App 20,
316 Wis. 2d 301,
762 N.W.2d 845,
08-1438.
101.141
101.141
Record keeping of fires. 101.141(1)
(1) Each city, village, and town fire department shall file a report for each fire that involves a building and that occurs within the boundaries of the city, village, or town with the U.S. fire administration for placement in the fire incident reporting system maintained by the U.S. fire administration. The report shall be filed within 60 days after the fire occurs.
101.141(2)
(2) Each report filed under
sub. (1) shall include all of the following information:
101.141(2)(b)
(b) The purpose for which the building was used at the time of the fire.
101.141(2)(c)
(c) If the building was used as a home, whether the building was a multifamily dwelling complex, a single-family dwelling, or a mixed-use building with one or more dwelling units.
101.141(2)(d)
(d) The number of dwelling units in the building, if the building was a multifamily dwelling complex or a mixed-use building.
101.141(2)(e)
(e) Whether the building had an automatic fire sprinkler system at the time of the fire and, if so, whether the system was operational.
101.141(2)(f)
(f) Whether the building had a fire alarm system at the time of the fire and, if so, whether the system was operational.
101.141(2)(gg)
(gg) An estimate of the amount of damages to the building as a result of the fire.
101.141(2)(gm)
(gm) The number of human deaths due to the fire, if any.
101.141(2)(gr)
(gr) The number of human injuries due to the fire, if any.
101.141(2)(h)
(h) Any other relevant information concerning the building, as determined by the fire department.
101.141(3)
(3) The department may review, correct, and update any report filed by a fire department under this section.
101.141 History
History: 1975 c. 224;
2007 a. 75.
101.142
101.142
Inventory of petroleum product storage tanks. 101.142(1)(a)
(a) "Petroleum product" means materials derived from petroleum, natural gas or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases and petrochemicals.
101.142(1)(b)
(b) "Storage tank" means an enclosed container with a capacity in excess of 60 gallons which is used to hold a petroleum product, regardless of the duration of storage and which is intended for use as a fixed, rather than as a portable, installation.
101.142(2)
(2) Inventory of storage tanks. The department shall undertake a program to inventory and determine the location of aboveground storage tanks and underground storage tanks. The department may require its deputies and any person engaged in the business of distributing petroleum products to provide information on the location of aboveground storage tanks and underground storage tanks. The department shall develop uniform procedures for reporting the location of aboveground storage tanks and underground storage tanks.
101.142 Cross-reference
Cross-reference: See also s.
SPS 347.11, Wis. adm. code.
101.143
101.143
Petroleum storage remedial action; financial assistance. 101.143(1)(ad)
(ad) "Bodily injury" does not include those liabilities which are excluded from coverage in liability insurance policies for bodily injury other than liabilities excluded because they are caused by a petroleum product discharge from a petroleum product storage system.
101.143(1)(am)
(am) "Case closure letter" means a letter provided by the department of natural resources that states that, based on information available to the department of natural resources, no further remedial action is necessary with respect to a discharge.
101.143(1)(cm)
(cm) "Home oil tank system" means an underground home heating oil tank used for consumptive use on the premises together with any on-site integral piping or dispensing system.
101.143(1)(cq)
(cq) "Natural attenuation" means the reduction in the concentration and mass of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes.
101.143(1)(cs)
(cs) "Occurrence" means a contiguous contaminated area resulting from one or more petroleum products discharges.
101.143(1)(d)1.
1. A person who operates a petroleum product storage system, regardless of whether the system remains in operation and regardless of whether the person operates or permits the use of the system at the time environmental pollution occurs.
101.143(1)(d)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
101.143(1)(e)1.
1. A person who owns, or has possession or control of, a petroleum product storage system, or who receives direct or indirect consideration from the operation of a system regardless of whether the system remains in operation and regardless of whether the person owns or receives consideration at the time environmental pollution occurs.
101.143(1)(e)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
101.143(1)(f)
(f) "Petroleum product" means gasoline, gasoline-alcohol fuel blends, kerosene, fuel oil, burner oil, diesel fuel oil or used motor oil.
101.143(1)(fg)
(fg) "Petroleum product storage system" means a storage tank that is located in this state and is used to store petroleum products together with any on-site integral piping or dispensing system. The term does not include pipeline facilities; tanks of 110 gallons or less capacity; residential tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale; farm tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale, except as provided in
sub. (4) (ei); tanks used for storing heating oil for consumptive use on the premises where stored, except for heating oil tanks owned by school districts and heating oil tanks owned by technical college districts and except as provided in
sub. (4) (ei); or tanks owned by this state or the federal government.
101.143(1)(g)
(g) "Program year" means the period beginning on August 1, and ending on the following July 31.
101.143(1)(gm)
(gm) "Property damage" does not include those liabilities that are excluded from coverage in liability insurance policies for property damage, other than liability for remedial action associated with petroleum product discharges from petroleum product storage systems. "Property damage" does not include the loss of fair market value resulting from contamination.
101.143(1)(gs)
(gs) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which a claim for reimbursement has been or will be filed under this section, or a subcontractor of such a person.
101.143(1)(h)
(h) "Subsidiary or parent corporation" means a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long-term contractual arrangement with a person to avoid direct responsibility for conditions at a petroleum product storage system site.
101.143(1)(hm)
(hm) "Terminal" means a petroleum product storage system that is itself connected to a pipeline facility, as defined in
49 USC 60101 (18) or is one of a number of connected petroleum product storage systems at least one of which is connected to a pipeline facility, as defined in
49 USC 60101 (18).
101.143(1)(i)
(i) "Underground petroleum product storage tank system" means an underground storage tank used for storing petroleum products together with any on-site integral piping or dispensing system with at least 10% of its total volume below the surface of the ground.
