101.122(2)(g) (g) Hear petitions regarding the enforcement of rules and special orders under this section according to the procedure established under s. 101.02 (6) (e) to (i) and (8).
101.122(3) (3)Departmental powers. The department may:
101.122(3)(a) (a) In rules adopted under sub. (2) (a), incorporate nationally recognized energy efficiency standards and vary standards according to:
101.122(3)(a)1. 1. Classes of energy use systems, including, but not limited to, building envelopes; heating, ventilating and air conditioning systems; lighting systems; appliances; and other fixtures which consume energy resources.
101.122(3)(a)2. 2. Climatic regions.
101.122(3)(b) (b) Hold hearings on any matter relating to this section and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings.
101.122(3)(c) (c) Enforce stipulations entered into under sub. (4) (c) by use of the citation procedure under s. 778.25.
101.122(4) (4)Certification.
101.122(4)(a)(a) Except as provided under pars. (b) and (c), no owner may transfer a rental unit unless an inspector has inspected the unit and has issued a certificate stating that the unit satisfies applicable standards under sub. (2) (a) 1. or 2.
101.122(4)(b) (b) The department or an inspector employed by the city, village or town within which a rental unit scheduled for demolition within 2 years is located may issue a written waiver of the requirements of par. (a). The waiver shall be conditioned on demolition of the rental unit within 2 years of the date of the waiver. If demolition does not take place within 2 years of the issuance of the waiver, the department or the city, village or town may do one or more of the following:
101.122(4)(b)1. 1. Order demolition of the rental unit no sooner than 90 days after the order.
101.122(4)(b)2. 2. Withdraw any certificate of occupancy.
101.122(4)(b)3. 3. Order energy conservation measures necessary to bring the rental unit into compliance with applicable standards under sub. (2) (a).
101.122(4)(c) (c) The transferee of a rental unit may present a stipulation signed by the transferee and by the department or by the city, village or town within which the rental unit is located stating that the owner of the rental unit will bring the rental unit into compliance with the standards under sub. (2) (a) no later than one year after the date of the first transfer of the rental unit after the standards take effect under par. (a). The department, city, village or town signing the stipulation shall keep a copy of the stipulation and shall conduct an inspection of the rental unit no later than 180 days after the stipulated compliance date.
101.122(5) (5)Inspection. Any owner of a rental unit may request that an inspector inspect the owner's rental unit for the purpose of determining whether to issue a certificate under sub. (4). If an owner, after reasonable effort, is unable to procure an inspection, the department, within 14 days after receipt of a request by the owner shall perform the inspection and determine whether to issue a certificate. The department may establish a special fee under s. 101.19 (1g) for an inspection under which it performs this subsection. If any inspector determines not to issue a certificate, the inspector shall specify in writing the energy conservation measures necessary to make the rental unit comply with applicable standards under sub. (2) (a).
101.122(6) (6)Proof of certification or exclusion required for recordation. A register of deeds may not accept for recording any deed or other document of transfer of real estate which includes a rental unit unless the deed or document is accompanied by the certificate required under sub. (4) (a), a waiver under sub. (4) (b) or a stipulation under sub. (4) (c). The department shall prescribe for use under s. 77.22 (2) a form setting forth the reasons why transferred real estate is not subject to certification under sub. (4) (a), waiver under sub. (4) (b) or stipulation under sub. (4) (c). A register of deeds shall record the certificate, waiver or stipulation.
101.122(6m) (6m)Report to legislature. Annually, before March 1, the department shall submit a written report to the chief clerk of each house of the legislature, for distribution to the legislature, under s. 13.172 (2), on the impact of the requirements of this section.
101.122(6r) (6r)Municipal codes. After the effective date of the rules under sub. (4) (a), no city or village may enforce a code of minimum energy efficiency standards for rental units in the city or village unless the requirements of the code are at least as strict as the requirements of the code under sub. (2) (a).
101.122(6w) (6w)Exception. To the extent that the historic building code applies to the subject matter of this section, this section does not apply to a qualified historic building, as defined under s. 101.121 (2) (c), if the owner elects to be subject to s. 101.121.
101.122(7) (7)Penalty.
101.122(7)(a)(a) Inspectors. Any inspector falsifying a certificate issued under sub. (4) shall have his or her certification revoked and may be required to forfeit not more than $500 per dwelling unit in the rental unit for which the certificate is issued.
101.122(7)(b) (b) New owners. Any person who offers documents evidencing transfer of ownership for recordation and who, with intent to evade the requirements of this section, falsely states on the form under s. 77.22 (1) that the real property involved does not include a rental unit may be required to forfeit not more than $500 per dwelling unit in the rental unit being transferred.
101.122(7)(c) (c) Waiver. Any person who fails to comply with the requirements of a waiver issued under sub. (4) (b) may be required to forfeit not more than $500 per dwelling unit in the rental unit for which the waiver is issued.
101.122(7)(d) (d) Stipulation. Any person who fails to comply with the requirements of a stipulation under sub. (4) (c) may be required to forfeit not more than $500 per dwelling unit.
101.122(7)(e) (e) Citation. If a person fails to comply with the requirements of a stipulation under sub. (4) (c) by the date specified in the stipulation, the department or the city, village or town that entered into the stipulation with the person may, anytime after the first day of the first month beginning after the date specified in the stipulation, proceed under s. 778.25 to recover a forfeiture under par. (d). A person may be charged with multiple violations under par. (d) if each violation covers a period of at least 90 consecutive days of continued failure to comply, if there is no overlap between periods and if each period begins after the date by which a rental unit was to have been brought into compliance.
Effective date note Note: This section is repealed eff. 1-1-18 by 2017 Wis. Act 59.
101.122 Cross-reference Cross-reference: See also ss. SPS 366.0711 and 366.0808 and ch. SPS 367, Wis. adm. code.
101.122 AnnotationThis section applies to the state. 76 Atty. Gen. 207.
101.123 101.123 Smoking prohibited.
101.123(1) (1)Definitions. In this section:
101.123(1)(ab) (ab) “Assisted living facility" means a community-based residential facility, as defined in s. 50.01 (1g), a residential care apartment complex, as defined in s. 50.01 (6d), or an adult family home, as defined in s. 50.01 (1) (b).
101.123(1)(abm) (abm) “Child care center" has the meaning given in s. 49.136 (1) (ad).
101.123(1)(ac) (ac) “Correctional facility" means any of the following:
101.123(1)(ac)1. 1. A state prison, as defined or named in s. 302.01, except a correctional institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's place of residence and no one is employed there to ensure the prisoner's incarceration.
101.123(1)(ac)2. 2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.
101.123(1)(ac)3. 3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under s. 302.30.
101.123(1)(ae) (ae) “Educational facility" means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.
101.123(1)(aj) (aj) Notwithstanding s. 101.01 (5), “employment" means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.
101.123(1)(ak) (ak) “Enclosed place" means a structure or area that has all of the following:
101.123(1)(ak)1. 1. A roof.
101.123(1)(ak)2. 2. More than 2 substantial walls.
101.123(1)(ar) (ar) “Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. “Immediate vicinity of the state capitol" does not include any location that is more than six feet from the state capitol building.
101.123(1)(b) (b) “Inpatient health care facility" means a hospital, as defined in s. 50.33 (2), a county home established under s. 49.70, a county infirmary established under s. 49.72, a nursing home, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a Wisconsin veterans home under s. 45.50, or a treatment facility.
101.123(1)(bn) (bn) “Lodging establishment" means any of the following:
101.123(1)(bn)1. 1. A bed and breakfast establishment, as defined in s. 97.01 (1g).
101.123(1)(bn)2. 2. A hotel, as defined in s. 97.01 (7).
101.123(1)(bn)3. 3. A tourist rooming house, as defined in s. 97.01 (15k).
101.123(1)(d) (d) “Person in charge" means the person, or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or at a location where smoking is prohibited or regulated under this section.
101.123(1)(dj) (dj) Notwithstanding s. 101.01 (11), “place of employment" means any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.
101.123(1)(dn) (dn) “Private club" means a facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.
101.123(1)(e) (e) “Public conveyance" means a mass transit vehicle as defined in s. 340.01 (28m), a school bus as defined in s. 340.01 (56), or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within this state, but does not include such a device while providing transportation in interstate commerce.
101.123(1)(eg) (eg) “Public place" means any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.
101.123(1)(f) (f) “Restaurant" has the meaning given in s. 97.01 (14g).
101.123(1)(g) (g) “Retail establishment" means any store or shop in which retail sales is the principal business conducted.
101.123(1)(gg) (gg) “Retail tobacco store" means a retail establishment that does not have a “Class B" intoxicating liquor license or a Class “B" fermented malt beverages license and that generates 75 percent or more of its gross annual income from the retail sale of tobacco products and accessories.
101.123(1)(h) (h) “Smoking" means burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:
101.123(1)(h)1. 1. A lighted cigar.
101.123(1)(h)2. 2. A lighted cigarette.
101.123(1)(h)3. 3. A lighted pipe.
101.123(1)(h)4. 4. Any other lighted smoking equipment.
101.123(1)(hm) (hm) “Sports arena" means any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held.
101.123(1)(i) (i) “State institution" means a mental health institute, as defined in s. 51.01 (12), a center for the developmentally disabled, as defined in s. 51.01 (3), or a secure mental health facility at which persons are committed under s. 980.06.
101.123(1)(id) (id) “Substantial wall" means a wall with no opening or with an opening that either does not allow air in from the outside or is less than 25 percent of the wall's surface area.
101.123(1)(im) (im) “Tavern" means an establishment, other than a restaurant, that holds a “Class B" intoxicating liquor license or Class “B" fermented malt beverages license.
101.123(1)(in) (in) “Tobacco bar" means a tavern that generates 15 percent or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and tobacco for pipes.
101.123(1)(io) (io) “Tobacco product" means any form of tobacco prepared in a manner suitable for smoking but not including a cigarette.
101.123(1)(ip) (ip) “Treatment facility" means a publicly or privately operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.
101.123(1)(j) (j) “Type 1 juvenile correctional facility" has the meaning given in s. 938.02 (19).
101.123(2) (2)Prohibition against smoking.
101.123(2)(a)(a) Except as provided in sub. (3), no person may smoke in any of the following enclosed places:
101.123(2)(a)1g. 1g. The state capitol.
101.123(2)(a)1m. 1m. Residence halls or dormitories owned or operated by a college or university.
101.123(2)(a)1r. 1r. Child care centers.
101.123(2)(a)2. 2. Educational facilities.
101.123(2)(a)3. 3. Inpatient health care facilities.
101.123(2)(a)4. 4. Theaters.
101.123(2)(a)5m. 5m. Correctional facilities.
101.123(2)(a)5t. 5t. State institutions.
101.123(2)(a)7. 7. Restaurants.
101.123(2)(a)7m. 7m. Taverns.
101.123(2)(a)7r. 7r. Private clubs.
101.123(2)(a)8. 8. Retail establishments.
101.123(2)(a)8d. 8d. Common areas of multiple-unit residential properties.
101.123(2)(a)8g. 8g. Lodging establishments.
101.123(2)(a)8r. 8r. State, county, city, village, or town buildings.
101.123(2)(a)9. 9. All enclosed places, other than those listed in subds. 1g. to 8r., that are places of employment or that are public places.
101.123(2)(d) (d) No person may smoke at any of the following outdoor locations:
101.123(2)(d)1. 1. In the immediate vicinity of the state capitol.
2015-16 Wisconsin Statutes updated through 2017 Wis. Act 135 and all Supreme Court and Controlled Substances Board Orders effective on or before December 14, 2017. Published and certified under s. 35.18. Changes effective after December 14, 2017 are designated by NOTES. (Published 12-14-17)