101.16(1)(d)
(d) "Retail supplier" means a person engaged in the business of filling containers that have a water capacity of at least 4 pounds with liquefied petroleum gas that is intended to be used directly from the containers as fuel. "Retail supplier" does not include a person who fills such containers with liquefied petroleum gas for the person's own use.
101.16(2)
(2) Rules. The department shall promulgate rules to ascertain, fix, and order such reasonable standards, rules, or regulations for the design, construction, location, installation, operation, repair, and maintenance of equipment for storage, handling, use, and transportation by tank truck or tank trailer, of liquefied petroleum gases for fuel purposes, and for the odorization of said gases used therewith, as shall render such equipment safe.
101.16(3)
(3) Filling, evacuating, and use of containers. 101.16(3)(a)(a) Except as provided in
par. (b), no person, other than the owner of a liquefied petroleum gas container or a person authorized by the owner, may fill, refill, evacuate, or use in any other manner the container for any purpose.
101.16(3)(b)
(b) A retail supplier may evacuate a liquefied petroleum gas container not under its ownership in order to transfer the remaining liquefied petroleum gas that is in that container into a container that is under its ownership.
101.16(3g)(a)(a) No retail supplier may distribute liquefied petroleum gas without holding a license issued by the department. The department, subject to
s. 101.02 (20) and
(21), shall issue a license to be a retail supplier upon receiving the fee established under
s. 101.19 (1g) (L) or
(1m) and upon obtaining proof of financial responsibility as required under
sub. (3r) (c). The term of the license shall be set by the department, not to exceed 2 years.
101.16(3g)(b)
(b) The department shall publish an annual list of all retail suppliers holding valid licenses under
par. (a).
101.16(3r)(a)(a) Except as provided in
par. (b), a retail supplier shall maintain proof of financial responsibility in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
101.16(3r)(b)
(b) A retail supplier who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems shall maintain proof of financial responsibility in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
101.16(3r)(c)
(c) A retail supplier may obtain any of the following to prove financial responsibility as required under
par. (a) or
(b):
101.16(3r)(c)1.
1. A surety bond that is issued by a surety company that is listed as an acceptable surety for federal bonds on the date that the surety bond is obtained in the most recently published U.S. department of the treasury's circular 570.
101.16(3r)(c)2.
2. An irrevocable letter of credit that is issued by a financial institution that is authorized to do business in this state or that is federally chartered. The letter of credit shall be for an initial period of at least one year.
101.16(3r)(c)3.
3. Commercial general liability insurance as an endorsement to an existing policy or as a separate policy from an insurer, or a risk retention group, that is licensed to transact the business of insurance in this state or that is eligible to provide insurance as a surplus lines insurer in one or more states.
101.16(3r)(d)
(d) A retail supplier who fails to maintain proof of financial responsibility as required under
par. (a) or
(b), may not distribute liquefied petroleum gas at retail until such proof is obtained.
101.16(3r)(e)
(e) Each retail supplier shall file proof of financial responsibility as required under this subsection with the department.
101.16(3r)(f)
(f) A 3rd party that issues a surety bond, a letter of credit, or general liability insurance to a retail supplier for purposes of this subsection shall provide written notice to the retail supplier and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the bond, letter, or insurance.
101.16(3r)(g)
(g) A retail supplier that cancels or fails to renew a surety bond, a letter of credit, or general liability insurance shall notify the department at least 60 days before cancelling or failing to renew the bond, letter, or insurance. Upon receipt of the notice, the department shall revoke the retail supplier's license issued under
sub. (3g).
101.16(3r)(h)
(h) A financial institution that issues an irrevocable letter of credit to a retail supplier for purposes of this subsection shall renew the letter automatically unless notice is given as required under
par. (f).
101.16(4)
(4) Requirements to provide information. 101.16(4)(a)(a) The person actually performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department, showing that the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
101.16(4)(b)1.1. A person who owns, leases, or uses a propane gas system and who is a customer of a retail supplier shall notify the retail supplier of propane gas for the propane gas system of any interruption in the operation of the propane gas system due to the replacement, modification, repair, or servicing of the propane gas system by any person other than the retail supplier. The customer shall provide the notice at least 7 days in advance of the interruption in the operation of the propane gas system, except as provided in
subd. 2. The retail supplier, or the person replacing, modifying, repairing, or servicing the propane gas system, shall perform a check for leaks or other defects in the propane gas system before placing the propane gas system back into operation in the manner required by rule.
101.16(4)(b)2.
2. If the interruption of a propane gas system subject to
subd. 1. is due to emergency repair or servicing, the customer shall provide the notice to the retail supplier as soon as possible and no later than 24 hours after the repair or servicing is completed.
101.16(4)(c)
(c) Each retail supplier filling a container that is part of a propane gas system shall provide written notice to each customer subject to
par. (b) of the customer's duty under
par. (b) before the retail supplier's first delivery of propane gas to that customer and shall provide subsequent notices on an annual basis. The notice shall include all of the following information concerning the duty to notify under
par. (b):
101.16(4)(c)1.
1. The name, address, and telephone number of the retail supplier.
101.16(4)(c)2.
2. The purpose of giving the notification to the retail supplier.
101.16(4)(c)3.
3. A description of the type of propane gas system that is subject to the notification requirement.
101.16(4)(c)4.
4. A description of the types of activities that constitute a replacement, modification, repair, or servicing of a propane gas system.
101.16(5)(ac)(ac) Except as provided in
par. (am), any person who violates
sub. (3) or
(4) or any rule promulgated under
sub. (2) shall forfeit not less than $10 nor more than $1,000.
101.16(5)(am)
(am) Any person who intentionally violates
sub. (3) or
(4) or any rule promulgated under
sub. (2) shall be fined not less than $25 nor more than $2,000, or shall be imprisoned not less than 30 days nor more than 6 months.
101.16(5)(b)
(b) Except as provided in
par. (c), any retail supplier who violates
sub. (3g) or
(3r) shall forfeit not less than $500 and not more than $1,000 for the first offense and not less than $2,000 but not more than $5,000 for each subsequent offense.
101.16(5)(c)
(c) Any retail supplier who violates
sub. (3g) or
(3r) shall forfeit not less than $200 and not more than $400 for the first offense and not less than $800 but not more than $2,000 for each subsequent offense if the retail supplier is one of the following:
101.16(5)(c)1.
1. A retail supplier who only fills department of transportation cylinders.
101.16(5)(c)2.
2. A retail supplier who only fills containers for engine and recreational vehicle fueling systems.
101.16(5)(cm)
(cm) Except as provided in
par. (cn), any retail supplier who intentionally violates
sub. (3g) or
(3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $500 nor more than $1,000 for the first offense and not less than $2,000 nor more than $5,000 for each subsequent offense.
101.16(5)(cn)
(cn) Any retail supplier who only fills department of transportation cylinders or containers for engine and recreational vehicles and who intentionally violates
sub. (3g) or
(3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $200 nor more than $400 for the first offense and not less than $800 nor more than $2,000 for each subsequent offense.
101.16(5)(d)
(d) If a retail supplier is found in violation of
sub. (3g) or
(3r), the court shall require that the retail supplier cease distributing liquefied petroleum gas at retail until the retail supplier is issued the license required under
sub. (3g).
101.16(5m)(a)(a) Any retail supplier who is licensed under
sub. (3g) and who suffers damages caused by the filling of a container that is not a department of transportation cylinder by another retail supplier who is not so licensed may bring an action against the unlicensed retail supplier to do any of the following:
101.16(5m)(a)1.
1. Enjoin the unlicensed retail supplier from distributing liquefied petroleum gas at retail until the retail supplier receives the required license.
101.16(5m)(a)2.
2. Receive monetary damages equal to 3 times the amount of any monetary loss sustained or $2,000, whichever is greater, multiplied by each day that the unlicensed supplier is not licensed under
sub. (3g).
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;
2011 a. 209;
2011 a. 260 s.
81.
101.16 Cross-reference
Cross-reference: See also ss.
SPS 305.73 and
340.40, 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.
101.175
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.
SPS 371, Wis. adm. code.
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.
