101.66 Compliance and penalties.
SUBCHAPTER III
MANUFACTURED BUILDING CODE
101.72 Dwelling code council.
101.73 Departmental duties.
101.74 Departmental powers.
101.75 Inspections, insignia and alterations.
101.76 Municipal authority.
101.761 Certain municipalities excepted.
SUBCHAPTER IV
INSPECTION OF ELECTRICAL CONSTRUCTION
AND CERTIFICATION OF MASTER
ELECTRICIANS, CONTRACTORS, JOURNEYMEN
AND BEGINNING ELECTRICIANS
101.82 Departmental duties.
101.84 Departmental powers.
101.86 Municipal authority.
101.865 Regulation of electric wiring.
101.88 Compliance and penalties.
SUBCHAPTER V
MANUFACTURED HOMES AND MOBILE HOMES;
REGULATION OF MANUFACTURERS
101.92 Departmental powers and duties.
101.93 Departmental powers and duties.
101.94 Manufactured home and mobile home manufacturers, distributors and dealers: design and construction of manufactured homes and mobile homes.
101.95 Manufactured home and mobile home manufacturers regulated.
101.96 Advisory committee.
SUBCHAPTER VI
MULTIFAMILY DWELLING CODE
101.972 Multifamily dwelling code council duties.
101.973 Department duties.
101.974 Department powers.
101.975 Local government authority.
101.976 Fire chief and inspector powers and duties.
REGULATION OF INDUSTRY: GENERAL PROVISIONS
101.01
101.01
Definitions. In this chapter, the following words and phrases have the designated meanings unless a different meaning is expressly provided:
101.01(1m)
(1m) "Department" means the department of commerce.
101.01(2m)
(2m) "Deputy" means any person employed by the department designated as a deputy, who possesses special, technical, scientific, managerial or personal abilities or qualities in matters within the jurisdiction of the department, and who may be engaged in the performance of duties under the direction of the secretary, calling for the exercise of such abilities or qualities.
101.01(3)
(3) "Employe" means any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.
101.01(4)
(4) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employe.
101.01(5)
(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, except in such private domestic service as does not involve the use of mechanical power and in farm labor as used in
sub. (11).
101.01(6)
(6) "Frequenter" means every person, other than an employe, who may go in or be in a place of employment or public building under circumstances which render such person other than a trespasser. Such term includes a pupil or student when enrolled in or receiving instruction at an educational institution.
101.01(7)
(7) "General order" means such order as applies generally throughout the state to all persons, employments, places of employment or public buildings, or all persons, employments or places of employment or public buildings of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.
101.01(8)
(8) "Local order" means any ordinance, order, rule or determination of any common council, board of alderpersons, board of trustees or the village board, of any village or city, a regulation or order of the local board of health, as defined in
s. 250.01 (3), or an order or direction of any official of a municipality, upon any matter over which the department has jurisdiction.
101.01(9)
(9) "Order" means any decision, rule, regulation, direction, requirement or standard of the department, or any other determination arrived at or decision made by the department.
101.01(10)
(10) "Owner" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any manager, representative, officer, or other person having ownership, control or custody of any place of employment or public building, or of the construction, repair or maintenance of any place of employment or public building, or who prepares plans for the construction of any place of employment or public building. This subchapter shall apply, so far as consistent, to all architects and builders.
101.01(11)
(11) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in
s. 102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employes for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in
s. 50.01 (1), or, except for the purposes of
s. 101.11, a previously constructed building used as a community-based residential facility, as defined in
s. 50.01 (1g), which serves 20 or fewer unrelated residents.
101.01(12)
(12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a previously constructed building used as a community-based residential facility as defined in
s. 50.01 (1g) which serves 20 or fewer unrelated residents or an adult family home, as defined in
s. 50.01 (1)
101.01(13)
(13) "Safe" or "safety", as applied to an employment or a place of employment or a public building, means such freedom from danger to the life, health, safety or welfare of employes or frequenters, or the public, or tenants, or fire fighters, and such reasonable means of notification, egress and escape in case of fire, and such freedom from danger to adjacent buildings or other property, as the nature of the employment, place of employment, or public building, will reasonably permit.
101.01(14)
(14) "Secretary" means the secretary of commerce.
101.01(15)
(15) "Welfare" includes comfort, decency and moral well-being.
101.01 Annotation
In a safe-place action by a plaintiff injured through contact with home power lines while installing aluminum trim on the premises, the power lines did not constitute a place of employment under (2) (a), for although a "process or operation" was carried on by the transmission of electricity through the lines, no person was employed by the power company on the premises at the time of the injury. Barthel v. Wisconsin Electric Power Co. 69 W (2d) 446, 230 NW (2d) 863.
101.01 Annotation
Vocational school was not place of employment. Korenak v. Curative Workshop Adult Rehabil. Ctr. 71 W (2d) 77, 237 NW (2d) 43.
101.01 Annotation
Right to make progress inspections and to stop construction for noncompliance with specifications is not exercise of control sufficient to make architect an owner under (2) (i). Luterbach v. Mochon etc., Inc. 84 W (2d) 1, 267 NW (2d) 13 (1978).
101.01 Annotation
See note to 101.11, citing Leitner v. Milwaukee County, 94 W (2d) 186, 287 NW (2d) 803 (1980).
101.01 Annotation
Elks club was "place of employment". Schmorrow v. Sentry Ins. Co., 138 W (2d) 31, 405 NW (2d) 672 (Ct. App. 1987).
101.01 Annotation
A person seeking directions to the location of an intended, but unknown, destination is a frequenter under sub. (2) (d). Where such inquiry is not made, or has concluded, frequenter status is lost when the person deviates into an area he or she is not explicitly or impliedly invited into. Monsivais v. Winzenried, 179 W (2d) 758, 508 NW (2d) 620 (Ct. App. 1993).
101.02
101.02
Powers, duties and jurisdiction of department. 101.02(1)(1) The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.
101.02(2)
(2) The department may sue and be sued.
101.02(3)
(3) The department shall employ, promote and remove deputies, clerks and other assistants as needed, to fix their compensation, and to assign to them their duties; and shall appoint advisers who shall, without compensation except reimbursement for actual and necessary expenses, assist the department in the execution of its duties.
101.02(4)
(4) The department shall collect, collate and publish statistical and other information relating to the work under its jurisdiction and shall make public reports in its judgment necessary.
101.02(5)(a)(a) The department shall conduct such investigations, hold such public meetings and attend or be represented at such meetings, conferences and conventions inside or outside of the state as may, in its judgment, tend to better the execution of its functions.
101.02(5)(b)
(b) For the purpose of making any investigation with regard to any employment or place of employment or public building, the secretary may appoint, by an order in writing, any deputy who is a citizen of the state, or any other competent person as an agent whose duties shall be prescribed in such order.
101.02(5)(c)
(c) In the discharge of his or her duties such agent shall have every power of an inquisitorial nature granted in this subchapter to the department, the same powers as a court commissioner with regard to the taking of depositions and all powers granted by law to a court commissioner relative to depositions.
101.02(5)(d)
(d) The department may conduct any number of such investigations contemporaneously through different agents, and may delegate to such agent the taking of all testimony bearing upon any investigation or hearing. The decision of the department shall be based upon its examination of all testimony and records. The recommendations made by such agents shall be advisory only and shall not preclude the taking of further testimony if the department so orders nor preclude further investigation.
101.02(5)(e)
(e) The secretary may direct any deputy who is a citizen to act as special prosecutor in any action, proceeding, investigation, hearing or trial relating to the matters within its jurisdiction.
101.02(5)(f)
(f) Upon the request of the department, the department of justice or district attorney of the county in which any investigation, hearing or trial had under this subchapter is pending, shall aid the department in the investigation, hearing or trial and, under the supervision of the department, prosecute all necessary actions or proceedings for the enforcement and punishment of violations of this subchapter and all other laws of this state relating to the protection of life, health, safety and welfare.
101.02(6)(a)(a) All orders of the department in conformity with law shall be in force, and shall be prima facie lawful; and all such orders shall be valid and in force, and prima facie reasonable and lawful until they are found otherwise upon judicial review thereof pursuant to
ch. 227 or until altered or revoked by the department.
101.02(6)(b)
(b) All general orders shall take effect as provided in
s. 227.22. Special orders shall take effect as therein directed.
101.02(6)(c)
(c) The department shall, upon application of any employer or owner, grant such time as may be reasonably necessary for compliance with any order.
101.02(6)(d)
(d) Any person may petition the department for an extension of time, which the department shall grant if it finds such an extension of time necessary.
101.02(6)(e)
(e) Any employer or other person interested either because of ownership in or occupation of any property affected by any such order, or otherwise, may petition for a hearing on the reasonableness of any order of the department in the manner provided in this subchapter.
101.02(6)(f)
(f) Such petition for hearing shall be by verified petition filed with the department, setting out specifically and in full detail the order upon which a hearing is desired and every reason why such order is unreasonable, and every issue to be considered by the department on the hearing. The petitioner shall be deemed to have finally waived all objections to any irregularities and illegalities in the order upon which a hearing is sought other than those set forth in the petition. All hearings of the department shall be open to the public.
101.02(6)(g)
(g) Upon receipt of such petition, if the issues raised in such petition have theretofore been adequately considered, the department shall determine the same by confirming without hearing its previous determination, or if such hearing is necessary to determine the issues raised, the department shall order a hearing thereon and consider and determine the matter or matters in question at such times as shall be prescribed. Notice of the time and place of such hearing shall be given to the petitioner and to such other persons as the department may find directly interested in such decision.
