SB453: Bill Text

SB453,14,25 59.70 (5) (a) Every governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall enact an ordinance governing private sewage on-site wastewater treatment systems, as defined in s. 145.01 (12), which conforms with the state plumbing code. The ordinance shall apply to the entire area of the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5). After July 1, 1980, no municipality may enact or enforce a private sewage on-site wastewater treatment system ordinance unless it is a governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5).

SB453, s. 15 Section 15. 59.70 (5) (b) of the statutes is amended to read:

SB453,15,5 59.70 (5) (b) The governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall administer the private sewage on-site wastewater treatment system ordinance under s. 145.20 and the rules promulgated under s. 145.20.

SB453, s. 16 Section 16. 60.70 (5) of the statutes is amended to read:

SB453,15,8 60.70 (5) "Private sewage on-site wastewater treatment system" has the meaning given under s. 145.01 (12).

SB453, s. 17 Section 17. 60.72 (4) of the statutes is amended to read:

SB453,15,15 60.72 (4) Finding. Following the public hearing, the department shall determine if private sewage on-site wastewater treatment systems or private domestic water systems, or both, in the affected towns constitute a threat to public health, safety, convenience or welfare or of pollution of waters of the state, and that there is no local action to correct the situation. The department shall issue its determination as written findings.

SB453, s. 18 Section 18. 60.726 (title) of the statutes is amended to read:

SB453,15,18 60.726 (title) Property with private sewage on-site wastewater treatment system included.

SB453, s. 19 Section 19. 60.726 (2) of the statutes is amended to read:

SB453,16,11 60.726 (2) If a property owner installed on his or her property a private sewage on-site wastewater treatment system, as defined in s. 145.01 (12), that conforms with the state plumbing code, before a town sanitary district that encompasses that property came into existence, that property shall be included in the town sanitary district. If the private sewage on-site wastewater treatment system was installed on or after 10 years before May 14, 1992, and if the property owner provides the town sanitary district with any information about the cost of the private sewage on-site wastewater treatment system required by the district, the town sanitary district, when the district issues any assessment or charges or imposes property taxes to construct a sewage service system, shall pay or credit the property owner an amount equal to 10% of the cost of the private sewage on-site wastewater treatment system, less any grants or aids received by the property owner for construction of the private sewage on-site wastewater treatment system, multiplied by the number of years of remaining life of the private sewage on-site wastewater treatment system. The number of years of remaining life of the private sewage on-site wastewater treatment system is equal to 10 minus the number of years that the private sewage on-site wastewater treatment system has been in operation.

SB453, s. 20 Section 20. 60.77 (5) (b) of the statutes is amended to read:

SB453,16,14 60.77 (5) (b) Require the installation of private sewage on-site wastewater treatment systems.

SB453, s. 21 Section 21. 60.77 (5) (bm) of the statutes is amended to read:

SB453,16,20 60.77 (5) (bm) Require the inspection of private sewage on-site wastewater treatment systems that have been already installed to determine compliance with the state plumbing code and may report violations of the state plumbing code to the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems for enforcement under s. 145.20.

SB453, s. 22 Section 22. 60.77 (5) (bs) of the statutes is amended to read:

SB453,16,24 60.77 (5) (bs) Provide direct financial assistance for costs related to the replacement of private sewage on-site wastewater treatment systems, as defined in s. 145.01 (12), that are failing.

SB453, s. 23 Section 23. 60.77 (5) (j) of the statutes is amended to read:

SB453,17,2 60.77 (5) (j) Administer the private sewage on-site wastewater treatment system program if authorized under s. 145.20 (1) (am).

SB453, s. 24 Section 24. 101.01 (11) of the statutes is renumbered 101.01 (11) (intro.) and amended to read:

SB453,17,18 101.01 (11) (intro.) "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 the farm or employees 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 any of the following:

SB453,17,19 (a) An adult family home, as defined in s. 50.01 (1), or, except.

SB453,17,22 (b) 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 residents who are not related to the operator or administrator.

SB453, s. 25 Section 25. 101.01 (11) (c) of the statutes is created to read:

SB453,17,24 101.01 (11) (c) A home-based business, as defined by the department by rule.

SB453, s. 26 Section 26. 101.01 (12) of the statutes is renumbered 101.01 (12) (intro.) and amended to read:

SB453,18,7 101.01 (12) (intro.) "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 any of the following:

SB453,18,10 (a) A previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an.

SB453,18,11 (b) An adult family home, as defined in s. 50.01 (1).

SB453, s. 27 Section 27. 101.01 (12) (c) of the statutes is created to read:

SB453,18,13 101.01 (12) (c) A home-based business, as defined by the department by rule.

SB453, s. 28 Section 28. 101.02 (20) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453,18,23 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under ss. s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

SB453, s. 29 Section 29. 101.02 (21) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453,19,8 101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

SB453, s. 30 Section 30. 101.05 (5) of the statutes is created to read:

SB453,19,12 101.05 (5) No standard, rule, order, code, or regulation adopted, promulgated, enforced, or administered by the department under this subchapter applies to a building used for farming, as defined by the department by rule.

SB453, s. 31 Section 31. 101.07 of the statutes is repealed.

SB453, s. 32 Section 32. 101.145 (2) of the statutes is amended to read:

SB453,19,17 101.145 (2) Approval. A smoke detector required under this section shall be approved by bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization.

SB453, s. 33 Section 33. 101.177 of the statutes, as affected by 2011 Wisconsin Act 10, is repealed.

SB453, s. 34 Section 34. 101.563 of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

SB453, s. 35 Section 35. 101.745 (2) of the statutes is amended to read:

SB453,20,2 101.745 (2) Approval. A smoke detector required under this section shall be approved by underwriters laboratory bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization.

SB453, s. 36 Section 36. 101.952 (3) of the statutes is amended to read:

SB453,20,8 101.952 (3) Every licensee shall carry his or her license when engaged in his or her business and display the same upon request. The license shall name his or her employer, and, in case of a change of employer, the manufactured home salesperson shall immediately mail his or her license to the department, which shall endorse that change on the license without charge.

SB453, s. 37 Section 37. 101.985 (2) (title) of the statutes is amended to read:

SB453,20,10 101.985 (2) (title) Elevator mechanic mechanics' licenses.

SB453, s. 38 Section 38. 101.985 (2) (a) (title) of the statutes is repealed and recreated to read:

SB453,20,13 101.985 (2) (a) (title) Issuance.

SB453, s. 39 Section 39. 101.985 (2) (a) (intro.) of the statutes is renumbered 101.985 (2) (a) and amended to read:

SB453,20,20 101.985 (2) (a) Except as provided in pars. (am) to (d), the The department shall issue an elevator mechanic's license to each individual who satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or who satisfies all of the following: meets the requirements in either par. (ab) or (ad).

SB453, s. 40 Section 40. 101.985 (2) (a) 2. of the statutes is renumbered 101.985 (2) (ab) 2. and amended to read:

SB453,21,2 101.985 (2) (ab) 2. During the 3 years preceding the date of application, he or she was continuously employed in a position requiring the individual to perform work that is at a journeyman level and that is relevant to the erection, construction, alteration, replacement, maintenance, repair, removal, or dismantling or servicing of conveyances, as verified by the individual's employers.

SB453, s. 41 Section 41. 101.985 (2) (a) 3. of the statutes is renumbered 101.985 (2) (ab) 3. and amended to read:

SB453,21,10 101.985 (2) (ab) 3. Satisfactorily He or she satisfactorily completes a written examination administered by the department covering the provisions of this subchapter, and rules promulgated under this subchapter, that are relevant to the license applied for or satisfactorily completes an elevator mechanic's examination approved by the department and administered by a nationally recognized training program established by the elevator industry.

SB453, s. 42 Section 42. 101.985 (2) (ab) (intro.) of the statutes is created to read:

SB453,21,16 101.985 (2) (ab) Requirements; apprenticeship and journeyman level. (intro.) An individual is eligible for an elevator mechanic's license if he or she satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or if he or she satisfies all of the following requirements:

SB453, s. 43 Section 43. 101.985 (2) (ad) of the statutes is created to read:

SB453,21,20 101.985 (2) (ad) Requirements; training program. 1. An individual is eligible for an elevator mechanic's license if he or she satisfies all of the following requirements:

SB453,21,24 a. He or she verifies to the department that he or she has been certified as having successfully completed a 4-year program established by the National Elevator Industry Educational Program or an equivalent nationally recognized 4-year training program that is approved by the department.

SB453,21,25 b. He or she meets one of the requirements specified in subd. 2.

SB453,22,3 2. In order to meet the requirement under subd. 1. b. for an elevator mechanic's license, an individual applying for a license shall satisfy one of the following requirements:

SB453,22,7 a. He or she verifies to the department that, during the 5 years immediately preceding the date of the license application, he or she was employed for at least 1,000 hours in each of the 5 years performing work described under s. 101.984 (2) (a) or (b).

SB453,22,15 b. He or she verifies to the department that he or she has continuous experience in the elevator industry for at least 5 years immediately preceding the date of the license application in a capacity, other than in the capacity of preforming work described under s. 101.984 (2) (a) or (b), that has allowed him or her to remain familiar with elevator equipment, technology, and industry practices. This experience may include performing management activities for a company that engages in the sale, installation, repair, or maintenance of conveyances, being involved in elevator industry labor relations, or supervising elevator mechanics.

SB453,22,24 c. He or she verifies to the department that he or she, during any 5 years preceding the date of the license application, was employed for at least 1,000 hours in each of those 5 years performing work that is relevant to the erection, construction, alteration, replacement, maintenance, repair, or servicing of conveyances and that this work included work described under s. 101.984 (2) (a) or (b). If the 5 years were not the 5 years immediately preceding the date of application, the applicant shall verify that this is due to the applicant's work being disrupted by high unemployment in the elevator industry, military service, illness, disability, or another factor beyond the applicant's control in order to meet the requirement under this subd. 2. c.

SB453, s. 44 Section 44. 101.985 (2) (am) of the statutes is amended to read:

SB453,23,7 101.985 (2) (am) Requirements for individuals with prior experience. The department shall promulgate rules that establish requirements for issuing an elevator mechanic's license to an individual who has performed work described under s. 101.984 (2) (a) or (b) within the scope of his or her employment before June 1, 2007, but who does not satisfy the requirements under par. (a) (ab) or (ad) to be issued a license. The rules may contain a deadline before which an individual must apply for a license issued under this paragraph.

SB453, s. 45 Section 45. 101.985 (2) (b) of the statutes is amended to read:

SB453,23,14 101.985 (2) (b) Licensing out-of-state mechanics. The requirements under par. (a) pars. (ab) and (ad) do not apply to an individual who is licensed as an elevator mechanic under the laws of another state, if, in the opinion of the department, that state's regulation of elevator mechanics is substantially the same as this state's. The department may summarily issue an elevator mechanic's license to such an individual.

SB453, s. 46 Section 46. 101.985 (2) (c) of the statutes is amended to read:

SB453,24,8 101.985 (2) (c) Emergency licensing. If the governor declares that a state of emergency exists in this state under s. 323.10 and the department determines that the number of individuals in the state who hold an elevator mechanic's licenses license issued by the department under this section on the date of the declaration is insufficient to cope with the emergency, the department shall summarily issue an emergency elevator mechanic's license to any individual who is certified by an elevator contractor licensed under this subchapter as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision, who the department determines is so qualified and able, and who applies for an emergency elevator mechanic's license on a form prescribed by the department. An individual certified by a contractor under this paragraph may perform work as an elevator mechanic for up to a total of 5 days preceding the date the individual is issued the license. An emergency elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing emergency. The department shall specify on an emergency elevator mechanic's license the geographic area in which the licensee may provide services under the license. The requirements under par. (a) pars. (ab) and (ad) do not apply to an individual who applies for an emergency elevator mechanic's license.

SB453, s. 47 Section 47. 101.985 (2) (d) of the statutes is amended to read:

SB453,24,23 101.985 (2) (d) Temporary licensing. If there are no elevator mechanics licensed under this subchapter available to provide services contracted for by an elevator contractor licensed under this subchapter, the elevator contractor may notify the department and request the issuance of a temporary elevator mechanic's license to any individual who is certified by the elevator contractor as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision and who applies for a temporary elevator mechanic's license on a form prescribed by the department. A temporary elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing shortage of licensed elevator mechanics. The department shall specify on a temporary elevator mechanic's license the elevator contractor in whose employ the licensee must remain to provide services under the temporary elevator mechanic's license. The requirements under par. (a) pars. (ab) and (ad) do not apply to an individual who applies for a temporary elevator mechanic's license.

SB453, s. 48 Section 48. 101.985 (4) of the statutes is amended to read:

SB453,25,7 101.985 (4) Criminal background check. Upon receipt of an application for a license under sub. (1), (2) (a), (ab) or (ad), or (3), the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant to determine if the information provided by the applicant under sub. (7) (a) 10. is true and if the applicant has any arrests or convictions tending to indicate that the applicant is not adequately qualified and able to provide services authorized under the license applied for.

SB453, s. 49 Section 49. 101.985 (5) (b) 1. of the statutes is amended to read:

SB453,25,16 101.985 (5) (b) 1. Except as otherwise provided in this subdivision, an applicant for renewal of a license under sub. (1), (2) (a) (ab), (ad), or (b), or (3) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires, the applicant has satisfactorily met with the education requirements established by rule under subd. 2. If the applicant is not an individual, the certificate shall indicate that the education requirements were satisfactorily met by an individual who, as of the date of the application, is an agent of the applicant.

SB453, s. 50 Section 50. 101.985 (7) (a) (intro.) of the statutes is amended to read:

SB453,25,20 101.985 (7) (a) (intro.) Each application for a license under subs. (1), (2) (a) (ab) or (ad), or (3) shall be made on a form prescribed by the department, and each application shall contain at least the following information:

SB453, s. 51 Section 51. 145.01 (4m) of the statutes is amended to read:

SB453,25,24 145.01 (4m) Failing private sewage on-site wastewater treatment system. "Failing private sewage on-site wastewater treatment system" has the meaning specified under s. 145.245 (4).

SB453, s. 52 Section 52. 145.01 (5) of the statutes is amended to read:

SB453,26,6 145.01 (5) Governmental unit responsible for regulation of private sewage on-site wastewater treatment systems. "Governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems" or "governmental unit", unless otherwise qualified, means the county except that in a county with a population of 500,000 or more these terms mean the city, village or town where the private sewage on-site wastewater treatment system is located.

SB453, s. 53 Section 53. 145.01 (10) (a) 2. of the statutes is amended to read:

SB453,26,13 145.01 (10) (a) 2. The construction, connection, installation, service, or repair of any drain or wastewater piping system that connects to the mains or other terminal within the bounds of, or beneath an area subject to easement for highway purposes, including private sewage on-site wastewater treatment systems and stormwater treatment and dispersal systems, and the alteration of any such systems, drains or wastewater piping.

SB453, s. 54 Section 54. 145.01 (12) of the statutes is amended to read:

SB453,26,23 145.01 (12) Private sewage on-site wastewater treatment system. "Private sewage on-site wastewater treatment system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage on-site wastewater treatment system may be owned by the property owner or by a special purpose district.

SB453, s. 55 Section 55. 145.045 (1) of the statutes is amended to read: