SB698: Bill Text

SB698,19,25 101.121 (3) (a) For any rule under this chapter or ch. 145 which applies to buildings, the department may provide an alternative rule which accomplishes the same general purpose and applies only to qualified historic buildings. These alternative rules shall permit, to the maximum extent possible, the use of original or duplicates of original materials, the maintenance of the original appearance of all components of a historic building and the use of original construction techniques. The department shall consult with the historic building code council regarding the development of alternative rules. All alternative rules taken together constitute the historic building code.

SB698,62 Section 62. 101.121 (3) (b) of the statutes is amended to read:

SB698,20,9 101.121 (3) (b) In order to permit the proper preservation or restoration of a qualified historic building, the department may grant a variance to any rule or alternative rule under this chapter or ch. 145 if the owner demonstrates that an alternative proposed by the owner accomplishes the same purpose as the rule or alternative rule. With respect to any variances requested under this chapter or ch. 145, the department shall give priority to processing variance requests by owners of qualified historic buildings. The department shall maintain a list of variances granted under this paragraph to owners of qualified historic buildings.

SB698,63 Section 63. 101.125 (2), (3) (b) and (c) and (4m) of the statutes are repealed.

SB698,64 Section 64. 101.125 (2m) of the statutes is created to read:

SB698,20,14 101.125 (2m) Rules. The department shall promulgate rules regulating safety glazing material manufactured, distributed, imported, sold, or installed for use in a hazardous location.

SB698,65 Section 65. 101.125 (3) (intro.) and (a) of the statutes are consolidated, renumbered 101.125 (3) and amended to read:

SB698,20,24 101.125 (3) Safety glazing materials required. No material supplier, builder, contractor, or subcontractor may knowingly install, cause to be installed, consent to the installation, or sell for installation in any hazardous location , transparent or translucent materials other than safety glazing materials, except that: (a) In in buildings contracted for or existing on or before November 30, 1976, the department may by rule require the installation of a vertical or horizontal bar, rail, grill, or screen as a protective device in lieu of safety glazing material in hazardous locations where safety glazing would be impractical because of the size of the lite required.

SB698,66 Section 66. 101.125 (4) (a) of the statutes is amended to read:

SB698,21,3 101.125 (4) (a) No employee of a person responsible for compliance with this section or the rules promulgated under sub. (2m) is liable for the employer's failure to comply.

SB698,67 Section 67. 101.125 (5) of the statutes is amended to read:

SB698,21,7 101.125 (5) Penalty. Whoever violates this section or the rules promulgated under sub. (2m) may be required to forfeit not less than $100 nor more than $500 $1,000. Each day of continued violation constitutes a separate offense.

SB698,68 Section 68. 101.14 (4) (g) 1. of the statutes is amended to read:

SB698,21,10 101.14 (4) (g) 1. "Automatic fire sprinkler system" has the meaning provided in s. 145.01 101.9911 (2).

SB698,69 Section 69. 101.14 (4m) (a) 1. of the statutes is amended to read:

SB698,21,13 101.14 (4m) (a) 1. "Automatic fire sprinkler system" has the meaning given in s. 145.01 101.9911 (2).

SB698,70 Section 70. 101.14 (4m) (a) 3. of the statutes is repealed.

SB698,71 Section 71. 101.1472 (2) of the statutes is amended to read:

SB698,21,19 101.1472 (2) The department may not promulgate or enforce any rule that requires that a person who is engaged, or who offers to be engaged, in a business to do construction work hold a license issued under this chapter or ch. 145 unless the rule relates to a license specifically required by this chapter or ch. 145.

SB698,72 Section 72. 101.148 (3) of the statutes is created to read:

SB698,21,23 101.148 (3) Penalty. Any person who violates this section shall forfeit not more than $1,000 for each offense. Each day of continued violation constitutes a separate offense.

SB698,73 Section 73. 101.16 (3g) (a) of the statutes is renumbered 101.16 (3g) and amended to read:

SB698,22,6 101.16 (3g) No retail supplier may distribute liquefied petroleum gas without holding a license issued by the department. The department, subject to s. 101.02 (20) and (21) ss. 440.12 and 440.13, shall issue a license to be a retail supplier upon receiving the fee established under s. 101.19 (1g) (L) or (1m) and upon obtaining proof of financial responsibility as required under sub. (3r) (c). The term of the license shall be set by the department, not to exceed 2 years.

SB698,74 Section 74. 101.16 (3g) (b) of the statutes is repealed.

SB698,75 Section 75. 101.17 of the statutes is amended to read:

SB698,22,15 101.17 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).

SB698,76 Section 76. 101.19 (1r) of the statutes is repealed.

SB698,77 Section 77. 101.596 (title) of the statutes is repealed and recreated to read:

SB698,22,18 101.596 (title) Review of building inspectors.

SB698,78 Section 78. 101.596 (1) (a) of the statutes is repealed.

SB698,79 Section 79. 101.596 (2) (a) and (b) of the statutes are amended to read:

SB698,22,23 101.596 (2) (a) The review board department shall review complaints received from permittees concerning possible incompetent, negligent, or unethical conduct by building inspectors.

SB698,23,2 (b) After reviewing a complaint received under par. (a), the review board department may reprimand a building inspector or deny, limit, suspend, or revoke the certification of a building inspector if the board department determines that the building inspector has engaged in incompetent, negligent, or unethical conduct.

SB698,80 Section 80. 101.596 (2) (c) of the statutes is repealed.

SB698,81 Section 81. 101.596 (3) of the statutes is repealed.

SB698,82 Section 82. 101.63 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act 49, is amended to read:

SB698,23,21 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to the construction and inspection of camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 101.9911 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 254.61 (1), except that the rules apply to all of the following:

SB698,83 Section 83. 101.63 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Acts 55 and .... (this act), is repealed and recreated to read:

SB698,24,13 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to the construction and inspection of camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 101.9911 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 97.01 (1g), except that the rules apply to all of the following:

SB698,84 Section 84. 101.63 (2) of the statutes is amended to read:

SB698,25,2 101.63 (2) Adopt rules for the certification, including provisions for suspension and revocation thereof, of inspectors for the purpose of inspecting building construction, electrical wiring, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 101.9911 (10), of one- and 2-family dwellings under sub. (1). The rules shall specify that the department may suspend or revoke the certification of an inspector under this subsection for knowingly authorizing the issuance of a building permit to a contractor who is not in compliance with s. 101.654. Persons certified as inspectors may be employees of the department, a city, village, town, county or an independent inspection agency. The department may not adopt any rule which prohibits any city, village, town or county from licensing persons for performing work on a dwelling in which the licensed person has no legal or equitable interest.

SB698,85 Section 85. 101.642 (2) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB698,25,7 101.642 (2) The department may not promulgate or enforce a rule that requires that any one- or 2-family dwelling contain an automatic fire sprinkler system, as defined in s. 145.01 101.9911 (2).

SB698,86 Section 86. 101.648 (1) (b) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB698,25,14 101.648 (1) (b) "Dwelling construction standard" means a requirement imposed under s. 101.645 (3) or 101.647 (3) or a requirement imposed under any provision of ch.101 or 145 this chapter or under any ordinance of a political subdivision relating to standards for electrical wiring or plumbing in one- and 2-family dwellings.

SB698,87 Section 87. 101.653 (5) (b) 2. of the statutes is amended to read:

SB698,25,17 101.653 (5) (b) 2. A written determination by the department, issued every 3 5 years, of whether or not the county, city, village, or town complies with par. (a).

SB698,88 Section 88. 101.654 (1) (c) 1. of the statutes is amended to read:

SB698,25,20 101.654 (1) (c) 1. In this paragraph, "license" has the meaning given means an occupational license, as defined in s. 101.02 (21) (a) (1) (a) 2.

SB698,89 Section 89. 101.66 (3) of the statutes is amended to read:

SB698,25,24 101.66 (3) Whoever violates this subchapter shall forfeit to the state not less than $25 $100 nor more than $500 $5,000 for each violation. Each day that such of continued violation continues constitutes a separate offense.

SB698,90 Section 90. 101.73 (2) of the statutes is amended to read:

SB698,26,7 101.73 (2) Adopt rules for the examination of plans and specifications and for periodic in-plant and on-site inspections of manufacturing facilities, processes, fabrication, assembly and installation of modular homes to ensure that examinations and inspections are made in compliance with the rules adopted for construction, electrical wiring, heating, ventilating, air conditioning and other systems under ss. 101.70 to 101.77 and with the rules for indoor plumbing adopted by the department under ch. 145 subch. VIII.

SB698,91 Section 91. 101.77 of the statutes is amended to read:

SB698,26,11 101.77 Penalties. Whoever violates this subchapter shall forfeit to the state not less than $25 $100 nor more than $500 $5,000 for each violation and each. Each day that such of continued violation continues constitutes a separate offense.

SB698,92 Section 92. 101.84 (1) of the statutes is amended to read:

SB698,26,16 101.84 (1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings, except that hearings related to occupational licenses, as defined in s. 101.02 (1) (a) 2., shall be conducted as provided in s. 101.022.

SB698,93 Section 93. 101.862 (4) (p) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB698,26,23 101.862 (4) (p) A person engaged in installing, repairing, or maintaining a private on-site wastewater treatment system, as defined in s. 145.01 101.9911 (12), if the activity only involves installing or modifying a conductor going from the system's junction, pull, or device box to the nearest disconnecting point and the conductor is buried with the system.

SB698,94 Section 94. 101.88 (3) of the statutes is amended to read:

SB698,27,4 101.88 (3) Any person who violates this subchapter or any rule promulgated under this subchapter shall forfeit to the state not less than $25 $100 nor more than $500 $5,000 for each violation. Each day of continued violation constitutes a separate offense.

SB698,95 Section 95. 101.94 (5) of the statutes is created to read:

SB698,27,8 101.94 (5) The department shall prepare and submit all reports required under federal law related to manufactured home construction and safety including reports to the federal department of housing and urban development.

SB698,96 Section 96. 101.94 (8) (a) of the statutes is amended to read:

SB698,27,17 101.94 (8) (a) Except as provided in par. (c), a person who violates this subchapter, a rule promulgated under this subchapter, or an order issued under this subchapter shall forfeit not more than $1,000 $1,100 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 $1,375,000 for a related series of violations occurring within one year of the first violation.

SB698,97 Section 97. 101.951 (7) (a) of the statutes is amended to read:

SB698,28,2 101.951 (7) (a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof of the application by written notice to the applicant, stating the grounds for the denial. Within 30 days after such the notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21) 440.13.

SB698,98 Section 98. 101.951 (7) (b) of the statutes is amended to read:

SB698,28,16 101.951 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department of safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such a license shall not be effective until after 10 days' written notice thereof to the licensee, after such the hearing has been had; except that the department of safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department of safety and professional services shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21) 440.13.

SB698,99 Section 99. 101.952 (5) of the statutes is amended to read:

SB698,28,22 101.952 (5) The provision of s. 218.0116 relating to the denial, suspension, and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension, and revocation of a manufactured home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension, or revocation of a license under s. 101.02 (21) (b) 440.13.

SB698,100 Section 100. 101.957 of the statutes is repealed.

SB698,101 Section 101. 101.965 (1p) of the statutes is amended to read:

SB698,29,4 101.965 (1p) Any person who violates s. 101.96 or any rule promulgated under that section may be required to forfeit not less than $25 $100 nor more than $500 $5,000 for each violation. Each day of continued violation constitutes a separate violation offense.

SB698,102 Section 102. Subchapter VI (title) of chapter 101 [precedes 101.971] of the statutes is repealed.

SB698,103 Section 103. 101.971 (intro.), (1), (3) and (4) of the statutes are repealed.

SB698,104 Section 104. 101.971 (2) of the statutes is renumbered 101.01 (8m) and amended to read:

SB698,29,15 101.01 (8m) "Multifamily dwelling" means an apartment building, rowhouse, town house, condominium, or modular home, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units, as defined in s. 101.61 (1), the initial construction of which is begun on or after January 1, 1993. "Multifamily dwelling" does not include a facility licensed under ch. 50.

SB698,105 Section 105. 101.973 of the statutes is repealed.

SB698,106 Section 106. 101.974 (intro.), (1), (3) and (5) of the statutes are repealed.

SB698,107 Section 107. 101.974 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

SB698,108 Section 108. 101.974 (4) of the statutes is renumbered 101.02 (25) and amended to read:

SB698,29,23 101.02 (25) Promulgate The department may promulgate rules prescribing procedures for approving new building materials, methods, and equipment.

SB698,109 Section 109. 101.975, 101.976, 101.977 and 101.978 of the statutes are repealed.

SB698,110 Section 110. 101.985 (4) of the statutes is repealed.

SB698,111 Section 111. 101.985 (5) (a) of the statutes is amended to read:

SB698,30,8 101.985 (5) (a) Issuance and term. Except as provided under s. 101.02 (20) (b) and (21) (b) ss. 440.12 and 440.13, the department shall issue a license to any applicant who satisfies the applicable requirements of subs. (1) to (3) and any rules promulgated under subs. (1) to (3) and who pays any applicable fee required by rule of the department under s. 101.19 (1g) (k). Except as provided under sub. (2) (c) and (d), the term of each license is 2 years.

SB698,112 Section 112. 101.988 (3) of the statutes is amended to read:

SB698,30,15 101.988 (3) Penalties. Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 $5,000 or imprisoned for not more than 30 days or both, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance. Each day of continued violation constitutes a separate offense.