101.13(6)(g)(g) The owner of any public building who fails to comply with this subsection may be compelled to meet its requirements in a circuit court suit by any interested person. Such person shall be reimbursed, if successful, for all costs and disbursements plus such actual attorney fees as may be allowed by the court.
101.13(6)(h)
(h) Each toilet room accommodation provided for disabled persons as required under this section shall be identified on its entrance as a disabled accommodation, and directions to such accommodations shall appear at the building's primary entrance.
101.13(7)
(7) The international symbol of accessibility as adopted by the rehabilitation international in 1969 is established as the official state symbol designating buildings and facilities constructed and designed to be accessible. The symbol may be used only in buildings or other facilities, or parts thereof, which meet the standards for access established by rule of the department. If anyone uses or causes the use of the symbol in violation of department standards, the department shall order the discontinuance of such use until such standards are met. Whoever fails to comply with a department order under this subsection shall be fined $50.
101.13(8)
(8) Every passenger elevator installed in a place of employment or public building after October 1, 1978 shall be equipped with raised letters and numerals on the operating panel and the external door frame on each floor, and the letters and numerals shall be designed and placed to maximize the ability of persons with functional limitations to use the passenger elevator without assistance.
101.13(9)
(9) 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.
101.13 Cross-reference
Cross-reference: See also ch.
Comm 18, Wis. adm. code.
101.13 Annotation
While neither the U.S. nor Wisconsin constitutions compel states to require that public buildings and seats of government be constructed and maintained to be accessible to the physically handicapped, the legislature has an affirmative duty to address this problem and assure equal access to all constituted classes of citizens, including the physically handicapped. 63 Atty. Gen. 87.
101.132
101.132
Physically disabled persons; housing requirements. 101.132(1)(a)
(a) "Accessible" means able to be approached, entered and used by persons with disabilities.
101.132(1)(b)
(b) "Accessible route" means a continuous, unobstructed path connecting accessible elements and spaces in a building, within a site or from a site to a vehicular route, that can be negotiated by all persons with a disability.
101.132(1)(c)
(c) "ANSI A117.1" means the 1986 edition of the American national standards institute's code for buildings and facilities providing accessibility and usability for people with physical disabilities.
101.132(1)(d)
(d) "Covered multifamily housing" means any of the following:
101.132(1)(d)1.
1. Housing that is first ready for occupancy on or after October 1, 1993, consisting of 3 or more dwelling units if the housing has one or more elevators.
101.132(1)(d)2.
2. Grade-level dwelling units, in housing without elevators, that are first ready for occupancy on or after October 1, 1993, consisting of 3 or more dwelling units.
101.132(1)(h)
(h) "Remodel" means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but does not include maintenance, redecoration, reroofing or alteration of mechanical or electrical systems.
101.132(1)(i)
(i) "Vehicular route" means a route intended for vehicular traffic including, but not limited to, a street, driveway or parking lot.
101.132(2)
(2) Discrimination against persons with physical disabilities prohibited. 101.132(2)(a)(a) In addition to discrimination prohibited under
s. 106.50 (2),
(2m) and
(2r) (b) and
(bm), no person may design or construct covered multifamily housing unless it meets all of the following standards:
101.132(2)(a)1.
1. There is at least one accessible entrance for each building and that entrance is on an accessible route. All other entrances that are at grade level shall be accessible to the greatest extent feasible. The department shall promulgate rules that define "to the greatest extent feasible" to ensure maximum accessibility in a way that is not disproportionate to the entire project's cost and scope. If the covered multifamily housing units are at grade level and are served by separate entrances, each unit shall be on an accessible route. If the units have a minimum number of required exits, as determined by rules that shall be promulgated by the department, all required grade-level exits shall be accessible.
101.132(2)(a)2.
2. Public and common use areas are accessible to persons with disabilities.
101.132(2)(a)3.
3. Interior and exterior doors, and interior passages, are sufficiently wide to allow passage by persons with disabilities who use wheelchairs.
101.132(2)(a)4.
4. Light switches, electrical outlets, circuit controls, thermostats and other environmental controls are all located in accessible locations; reinforcements in bathroom walls are installed to allow later installation of grab bars around the toilet, tub, shower stall and shower seat, when such facilities are provided; kitchens and bathrooms allow an individual in a wheelchair to maneuver about the space; and, upon the request of a renter and without cost to a renter, lever door handles are on all doors and single lever controls, or other controls that are approved by the department by rule, are on all plumbing fixtures used by residents.
101.132(2)(b)1.1. If more than 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the entire housing shall conform to the standards in
par. (a), regardless of when the housing was first intended for occupancy.
101.132(2)(b)2.
2. If 25% to 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, that part of the housing that is to be remodeled shall conform to the standards in
par. (a), regardless of when the housing was first intended for occupancy.
101.132(2)(b)3.
3. If less than 25% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the remodeling is not subject to the standards in
par. (a) unless the alteration involves work on doors, entrances, exits or toilet rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the standards in
par. (a) regardless of when the housing was first intended for occupancy.
101.132(2)(b)4.
4. The department may grant a variance or waiver from the requirements under this paragraph relating to exterior accessibility using the standards and procedures under
par. (c).
101.132(2)(c)1.1. Plans and specifications for all covered multifamily housing subject to
par. (a) and proposed remodeling subject to
par. (b) shall be submitted to the department or its authorized representative for examination and approval before commencing work. The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.
101.132(2)(c)2.
2. The department may grant a variance from the requirements relating to exterior accessibility under
par. (a) 1. or
(b), or from administrative rules promulgated under
par. (e) 2., if the person designing, constructing or remodeling the housing shows that meeting those requirements is impractical because of the terrain or unusual characteristics of the site. The department shall use a slope analysis of the undisturbed site for covered multifamily housing under
par. (a) or the existing site for remodeling under
par. (b) to determine the minimum number of accessible entrances at each site, with a minimum goal of exterior accessibility of 50% of the dwelling units of covered multifamily housing at one site. The department may impose specific conditions in granting a variance to promote exterior accessibility of the housing to persons with disabilities. If the department finds that exterior accessibility is impractical as to all dwelling units at a site, it may grant a waiver from the requirements under
par. (a) 1. or
(b).
101.132(2)(d)1.1. Except as provided in
subd. 2., covered multifamily housing and remodeled housing are accessible for purposes of this subsection if they comply with one of the following:
101.132(2)(d)1.b.
b. Final guidelines issued by the federal department of housing and urban development, published in the federal register on March 6, 1991.
101.132(2)(d)1.c.
c. Another standard that affords persons with disabilities access that is essentially equivalent to or greater than that required by ANSI A117.1.
101.132(2)(d)2.
2. Subdivision 1. does not apply to remodeled or covered multifamily housing for which a building permit is issued on or after January 1, 1995.
101.132(2)(e)1.1. The requirements under this subsection are in addition to, and do not supplant, the requirements under
s. 101.13 relating to the use of public buildings by persons with disabilities. Any conflict between this subsection and
s. 101.13 or the rules promulgated under
s. 101.13 shall be resolved in favor of the provision providing the greatest degree of access by persons with disabilities, as determined by the department.
101.132(2)(e)2.
2. The department shall promulgate rules establishing minimum accessibility requirements for the design and construction of covered multifamily housing and the remodeling of housing that are consistent with this subsection, that incorporate the applicable standards under ANSI A117.1 and that set forth permit and variance procedures for purposes of
par. (c).
101.132 History
History: 1997 a. 237 ss.
330,
335 to
351;
1999 a. 32,
82.
101.135
101.135
Uniform firewall identification. 101.135(1)
(1) The department shall promulgate rules that specify uniform dimensions, design and other characteristics for signs used to identify firewalls. The rules may not specify firewall signs that are more expensive than necessary to accomplish their purpose.
101.135(2)
(2) Whenever a city, village or town provides by ordinance for the identification of firewalls, the provisions of the ordinance shall conform to the rules promulgated under
sub. (1).
101.135 History
History: 1991 a. 269.
101.136
101.136
Regulation of thermal system insulation installation. 101.136(1)(a)
(a) "Building" means a commercial, industrial, or residential building, structure, or facility, as defined by the department by rule, but does not include a residential building, structure, or facility that contains 3 or fewer residential units.
101.136(1)(b)
(b) "Building inspector" means a person who is certified under rules promulgated by the department to make inspections of public buildings and places of employment.
101.136(1)(c)
(c) "Council" means the thermal system insulation council.
101.136(1)(d)
(d) "Mechanic" means a person who installs or maintains thermal system insulation in heating, ventilating, cooling, plumbing, and refrigeration systems.
101.136(1)(e)
(e) "State inspector" means the state thermal system insulation inspector.
101.136(1)(f)
(f) "Thermal system insulation" means a product that is used in a heating, ventilating, cooling, plumbing, or refrigeration system to insulate any hot or cold surface, including a pipe, duct, valve, boiler, flue, or tank, or equipment on or in a building.
101.136(2)
(2) Standards. The department shall promulgate rules establishing standards for the installation and maintenance of thermal system insulation in buildings. The department shall base the standards, to the extent possible, on national industry standards for installing and maintaining thermal system insulation. Beginning on February 1, 2011, thermal system insulation in buildings shall conform to these standards.
101.136(3)
(3) Duties of the thermal system insulation council. 101.136(3)(a)1.
1. Recommend rules for promulgation by the department to establish standards for the installation and maintenance of thermal system insulation in buildings.
101.136(3)(a)2.
2. Recommend to the department requirements for the licensure of mechanics and circumstances under which the department may take disciplinary action against a mechanic, including suspension and revocation of a license.
101.136(3)(a)3.
3. Recommend to the department qualifications for the state inspector.
101.136(3)(a)4.
4. Recommend to the department training and continuing education requirements for mechanics.
101.136(3)(b)
(b) The council may consult with engineering authorities and other organizations concerned with safety and health issues related to thermal system insulation and mold in performing its duties under this subsection.
101.136(4)(a)(a) The department shall employ a person who has at least 10 years of experience as a mechanic, and who has successfully completed an apprenticeship program in installing and maintaining thermal system insulation that is approved by the department and that meets the requirements of the department of workforce development under
subch. I of ch. 106, as the state inspector. The state inspector shall work under the direct supervision of the secretary or his or her designee.
101.136(4)(b)
(b) The state inspector shall do all of the following:
101.136(4)(b)1.
1. Inspect buildings constructed, or in which the mechanical systems have been altered, to determine whether the installation or maintenance of thermal system insulation in those buildings complies with the standards established by the department under
sub. (2). The state inspector shall conduct the inspections on a random basis and whenever requested to do so by a building inspector. This subdivision applies to buildings constructed, and mechanical systems that have been altered, on or after February 1, 2011.
101.136(4)(b)2.
2. Provide assistance and information to building inspectors who inspect buildings for compliance with the standards established by the department under
sub. (2).
101.136(4)(b)3.
3. Keep complete and accurate records of all inspected buildings, including a list identifying all buildings that are in compliance with the standards established by the department under
sub. (2), a list of all buildings that are not in compliance with the standards established by the department under
sub. (2), and a list of all orders that the state inspector issues under
par. (c).
101.136(4)(b)4.
4. Give written notice of noncompliance to the owner of every building that the state inspector determines does not comply with the standards established by the department under
sub. (2).
101.136(4)(c)
(c) The state inspector may issue an order requiring the owner of a building to make repairs or alterations that the state inspector determines are necessary in order for the building to comply with the standards established by the department under
sub. (2). The inspector shall issue such an order in writing.
101.136(5)
(5) Rules. The department shall promulgate rules establishing all of the following:
101.136(5)(a)
(a) Requirements for the licensing of mechanics. The rules shall provide that a license issued to a mechanic under this section is valid for 2 years and is renewable.
101.136(5)(c)
(c) License fees for mechanics. The rules shall establish fees for the licensing of mechanics that are not less than $250 nor more than $1,000 for each license period.
101.136(5)(d)
(d) Training and continuing education requirements for mechanics.
101.136(5)(e)
(e) Procedures governing the assessment of forfeitures under
sub. (11), including the procedure for issuing an order for an alleged violation of this section, the procedure for contesting an order issued for an alleged violation of this section, and the procedure for contesting the assessment of a forfeiture for an alleged violation of this section.
101.136(6)(a)1.1. Except as provided in
subd. 2., beginning on July 1, 2011, no person may install or maintain thermal system insulation in any building unless that person is a mechanic licensed by the department under this section, is working under the direct supervision of a licensed mechanic, or is serving an apprenticeship in the installation and maintenance of thermal system insulation that meets the requirements specified under
subch. I of ch. 106.
101.136(6)(a)2.
2. Subdivision 1. does not apply to a person who makes only minor repairs to thermal system insulation.
101.136(6)(b)
(b) A person wishing to obtain a mechanic's license shall apply for a license by submitting an application on a form provided by the department together with the applicable fee.
101.136(6)(c)
(c) Except as provided in
par. (d), the department may not issue a license to a mechanic unless the mechanic meets the requirements established by the department by rule and either of the following requirements:
101.136(6)(c)1.
1. He or she has at least 1,000 hours of experience in each of 4 consecutive years installing and maintaining thermal system insulation under the supervision of a licensed mechanic and has passed an examination approved by the department.
101.136(6)(c)2.
2. He or she has successfully completed training in installing and maintaining thermal system insulation under an apprenticeship program that is approved by the department and that meets the requirements of the department of workforce development under
subch. I of ch. 106.
101.136(6)(d)
(d) The department may waive any requirement, or any portion of a requirement under
par. (c) for any person with experience in installing or maintaining thermal system insulation upon submission of evidence satisfactory to the department that the person is qualified for licensure.
