101.16(4)(c)5. 5. A copy of the provisions under s. 101.16 (4) (b).
101.16(5) (5)Penalties.
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 retailer 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 and not more than $5,000 for each subsequent offense.
Effective date note Note: Par. (b) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (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 retailer 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 and not more than $2,000 for each subsequent offense if the retailer is one of the following:
101.16(5)(c)1. 1. A retailer who only fills department of transportation cylinders.
101.16(5)(c)2. 2. A retailer who only fills containers for engine and recreational vehicle fueling systems.
Effective date note Note: Par. (c) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (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:
Effective date text 1. A retail supplier who only fills department of transportation cylinders.
Effective date text 2. A retail supplier who only fills containers for engine and recreational vehicle fueling systems.
101.16(5)(cg) (cg) Paragraphs (b) and (c) do not apply to intentional violations of subs. (3g) or (3r).
101.16(5)(cm) (cm) Except as provided in par. (cn), any retailer who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days and not more than 6 months or shall be fined not less than $500 and not more than $1,000 for the first offense and not less than $2,000 and not more than $5,000 for each subsequent offense.
Effective date note Note: Par. (cm) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (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 retailer 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 and not more than 6 months or shall be fined not less than $200 and not more than $400 for the first offense and not less than $800 and not more than $2,000 for each subsequent offense.
Effective date note Note: Par. (cn) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (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)(cr)1.1. Each day of violation of sub. (3) constitutes a separate offense.
101.16(5)(cr)2. 2. Each day of violation of sub. (3g) constitutes a separate offense.
101.16(5)(cr)3. 3. Each day of violation of sub. (3r) constitutes a separate offense.
101.16(5)(cr)4. 4. Each day of violation of sub. (4) constitutes a separate offense.
101.16(5)(d) (d) If a retailer is found in violation of sub. (3g) or (3r), the court shall require that the retailer cease distributing liquefied petroleum gas at retail until the retailer is issued the license required under sub. (3g).
Effective date note Note: Par. (d) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (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) (5m)Civil liability.
101.16(5m)(a)(a) Any retailer 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 retailer who is not so licensed may bring an action against the unlicensed retailer to do any of the following:
101.16(5m)(a)1. 1. Enjoin the unlicensed retailer from distributing liquefied petroleum gas at retail until the retailer 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 retailer is not licensed under sub. (3g).
Effective date note Note: Par. (a) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (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:
Effective date text 1. Enjoin the unlicensed retail supplier from distributing liquefied petroleum gas at retail until the retail supplier receives the required license.
Effective date text 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 retailer who prevails in an action under par. (a) shall be awarded reasonable attorney fees.
Effective date note Note: Par. (b) is shown as amended eff. 10-1-16 by 2015 Wis. Act 327. Prior to 10-1-16 it reads:
Effective date text (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; 2015 a. 327.
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.
101.17 Cross-reference Cross-reference: See also chs. SPS 318, 333, 334, 341, 343, and 345, Wis. adm. code.
101.175 101.175 Local energy resource systems.
101.175(1) (1) In this section:
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 a 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 History History: 1979 c. 350; 1983 a. 27 s. 2202 (25); 1985 a. 120; s. 35.17 correction in (1) (d).
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) (3)
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. SPS 305.70 and 305.71 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(1b)(1b) In this section:
101.19(1b)(a) (a) "Amusement attraction" means any game of skill, show, or exhibition that does not constitute an amusement or thrill ride entertainment device.
101.19(1b)(b) (b) "Amusement or thrill ride" means any device that carries frequenters in an unusual, entertaining or thrilling mode of motion or any vehicle providing entertainment or transportation to, from or within an amusement area.
101.19(1g) (1g) 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:
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 392 and all Supreme Court Orders entered before June 18, 2016. Published and certified under s. 35.18. Changes effective after June 18, 2016 are designated by NOTES. (Published 6-18-16)