SB749,7,2016
101.02
(7r) (a) Notwithstanding sub. (7) (a), no city, village, or town may enact
17or enforce an ordinance that establishes minimum standards for constructing,
18altering, or adding to public buildings or buildings that are places of employment
19unless that ordinance strictly conforms to the applicable rules under sub. (15) (j),
20except as provided in pars. (b) to (d)
and sub. (7m).
SB749,17
21Section
17. 101.02 (7r) (b) 4. of the statutes is amended to read:
SB749,7,2322
101.02
(7r) (b) 4. The building is not a multifamily dwelling
, as defined in s.
23101.971 (2).
SB749,21
5Section
21. 101.022 of the statutes is created to read:
SB749,8,12
6101.022 Certain laws applicable to occupational licenses. Sections
7440.03 (1), (3m), (4), (11m), and (13) (a), (am), and (b) 75., 440.05 (1) (a) and (2) (b),
8440.075, 440.09 (2), 440.11, 440.12, 440.121, 440.13, 440.14, 440.15, 440.19, 440.20
9(1), (3), (4) (a), and (5) (a), 440.205, 440.21, and 440.22, and the requirements imposed
10on the department under those statutes, apply to occupational licenses, as defined
11in s. 101.02 (1) (a) 2., in the same manner as those statutes apply to credentials, as
12defined in s. 440.01 (2) (a).
SB749,22
13Section
22. 101.025 (1) of the statutes is amended to read:
SB749,8,2514
101.025
(1) Notwithstanding s. 101.02 (1)
(b) and (15), any rule
which that 15requires the intake of outside air for ventilation in public buildings or places of
16employment shall establish minimum quantities of outside air that must be supplied
17based upon the type of occupancy, the number of occupants, areas with toxic or
18unusual contaminants
, and other pertinent criteria determined by the department.
19The department shall set standards where the mandatory intake of outside air may
20be waived. The department may waive the requirement for the intake of outside air
21where the owner has demonstrated that the resulting air quality is equivalent to that
22provided by outdoor air ventilation. The department may not waive the mandatory
23intake of outside air unless smoking is prohibited in the building or place of
24employment. In this subsection
, “smoking" means carrying any lighted tobacco
25product.
SB749,23
1Section
23. 101.12 (6) (a) of the statutes is repealed.
SB749,24
2Section
24. 101.12 (6) (b) of the statutes is renumbered 101.12 (6).
SB749,25
3Section
25. 101.125 (2) of the statutes is repealed.
SB749,26
4Section
26. 101.125 (2m) of the statutes is created to read:
SB749,9,75
101.125
(2m) Rules. The department shall promulgate rules regulating safety
6glazing material manufactured, distributed, imported, sold, or installed for use in a
7hazardous location.
SB749,27
8Section
27. 101.125 (3) of the statutes is repealed.
SB749,28
9Section
28. 101.125 (4) (a) of the statutes is amended to read:
SB749,9,1210
101.125
(4) (a) No employee of a person responsible for compliance with
this
11section the rules promulgated under sub. (2m) is liable for the employer's failure to
12comply.
SB749,29
13Section
29. 101.125 (4m) of the statutes is repealed.
SB749,30
14Section
30. 101.125 (5) of the statutes is amended to read:
SB749,9,1615
101.125
(5) Penalty. Whoever violates
this section the rules promulgated
16under sub. (2m) may be required to forfeit not less than $100 nor more than $500.
SB749,31
17Section
31. 101.14 (4m) (a) 3. of the statutes is repealed.
SB749,32
18Section
32. 101.16 (3g) (a) of the statutes is amended to read:
SB749,9,2519
101.16
(3g) (a) No retailer may distribute liquefied petroleum gas without
20holding a license issued by the department. The department, subject to
s. 101.02 (20)
21and (21) ss. 440.12 and 440.13, shall issue a license to be a retailer upon receiving
22the fee established under s. 101.19 (1g) (L) or (1m) and upon the retailer's obtaining
23commercial general liability insurance as required under sub. (3r) (c). The
24department shall set the term of the license
shall be set by the department, not to
25exceed 2 years.
SB749,33
1Section
33. 101.19 (1g) (f) of the statutes is amended to read:
SB749,10,42
101.19
(1g) (f) Administration of the manufactured dwelling program, the
3one-
family and two-family dwelling programs,
and the manufactured home and
4mobile home program
, and the multifamily dwelling program.
SB749,35
7Section
35. 101.654 (1) (c) 1. of the statutes is amended to read:
SB749,10,98
101.654
(1) (c) 1. In this paragraph, “license"
has the meaning given means an
9occupational license, as defined in s. 101.02
(21) (1) (a)
2.
SB749,36
10Section
36. 101.84 (1) of the statutes is amended to read:
SB749,10,1411
101.84
(1) Hold hearings on any matter relating to this subchapter and issue
12subpoenas to compel the attendance of witnesses and the production of evidence at
13the hearings
, except that the department shall conduct hearings related to
14occupational licenses, as defined in s. 101.02 (1) (a) 2., as provided in s. 101.022.
SB749,37
15Section
37. 101.951 (7) (a) of the statutes is amended to read:
SB749,10,2416
101.951
(7) (a) The department of safety and professional services may, without
17notice, deny the application for a license within 60 days after receipt
thereof of the
18application by written notice to the applicant
, stating the grounds for the denial.
19Within 30 days after
such the date on which the written notice
of denial is mailed to
20the applicant, the applicant may petition the department of administration to
21conduct a hearing to review the denial, and
the department of administration shall
22schedule a hearing
shall be scheduled with reasonable promptness. The division of
23hearings and appeals shall conduct the hearing. This paragraph does not apply to
24denials of applications for licenses under s.
101.02 (21) 440.13.
SB749,38
25Section
38. 101.951 (7) (b) of the statutes is amended to read:
SB749,11,14
1101.951
(7) (b) No license may be suspended or revoked except after a hearing
2thereon. The department of safety and professional services shall give the licensee
3at least 5 days' notice of the time and place of the hearing. The order suspending or
4revoking
such a license
shall is not
be effective until after 10 days' written notice
5thereof to the licensee, after
such the hearing has been had; except that the
6department of safety and professional services, when in its opinion the best interest
7of the public or the trade demands it, may suspend a license upon not less than 24
8hours' notice of hearing and with not less than 24 hours' notice of the suspension of
9the license.
Matters The department of administration shall hear and decide upon
10matters involving suspensions and revocations brought before the department of
11safety and professional services
shall be heard and decided upon by the department
12of administration. The division of hearings and appeals shall conduct the hearing.
13This paragraph does not apply to licenses that are suspended or revoked under s.
14101.02 (21) 440.13.
SB749,39
15Section
39. 101.952 (5) of the statutes is amended to read:
SB749,11,2016
101.952
(5) The provision of s. 218.0116 relating to the denial, suspension
, and
17revocation of a motor vehicle salesperson's license shall apply to the denial,
18suspension
, and revocation of a manufactured home salesperson's license so far as
19applicable, except that such provision does not apply to the denial, suspension
, or
20revocation of a license under s.
101.02 (21) (b)
440.13.
SB749,40
21Section
40. 101.957 of the statutes is repealed.
SB749,41
22Section
41. Subchapter VI (title) of chapter 101 [precedes 101.971] of the
23statutes is repealed.
SB749,42
24Section
42. 101.971 (intro.) and (1) of the statutes are repealed.
SB749,43
1Section
43. 101.971 (2) of the statutes is renumbered 101.01 (8m) and
2amended to read:
SB749,12,83
101.01
(8m) “Multifamily dwelling" means an apartment building, rowhouse,
4town house, condominium, or modular home, as defined in s. 101.71 (6), that does not
5exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling
6units
, as defined in s. 101.61 (1), the initial construction of which is begun on or after
7January 1, 1993. “Multifamily dwelling" does not include a facility licensed under
8ch. 50.
SB749,44
9Section
44. 101.971 (3) and (4) of the statutes are repealed.
SB749,45
10Section
45. 101.973 of the statutes is repealed.
SB749,46
11Section
46. 101.974 (intro.), (1), (2) and (3) of the statutes are repealed.
SB749,47
12Section
47. 101.974 (4) of the statutes is renumbered 101.02 (25) and amended
13to read:
SB749,12,1514
101.02
(25) Promulgate
The department may promulgate rules prescribing
15procedures for approving new building materials, methods
, and equipment.
SB749,48
16Section
48. 101.974 (5) of the statutes is repealed.
SB749,49
17Section
49. 101.975 of the statutes is repealed.
SB749,50
18Section
50. 101.976 of the statutes is repealed.
SB749,51
19Section
51. 101.977 of the statutes is repealed.
SB749,52
20Section
52. 101.978 of the statutes is repealed.
SB749,53
21Section
53. 101.985 (4) of the statutes is repealed.
SB749,54
22Section
54. 101.985 (5) (a) of the statutes is amended to read:
SB749,13,323
101.985
(5) (a)
Issuance and term. Except as provided under
s. 101.02 (20) (b)
24and (21) (b) ss. 440.12 and 440.13, the department shall issue a license to any
25applicant who satisfies the applicable requirements of subs. (1) to (3) and any rules
1promulgated under subs. (1) to (3) and who pays any applicable fee required by rule
2of the department under s. 101.19 (1g) (k). Except as provided under sub. (2) (c) and
3(d), the term of each license is 2 years.
SB749,55
4Section
55. 108.227 (1) (e) 5. of the statutes is amended to read:
SB749,13,65
108.227
(1) (e) 5.
A
An occupational license, as defined in s. 101.02
(20) (1) (a)
62.
SB749,13,219
145.02
(2) (a) The department shall have general supervision of all
such 10plumbing
and described under sub. (1). The department shall
after public hearing
11prescribe and publish and enforce reasonable standards therefor which promulgate
12rules that shall
be uniform and of statewide concern so far as practicable. Any
13employee designated by the department may act for the department in holding the
14public hearing required under this subsection uniformly apply to all types of
15buildings, private or public, rural or urban, including buildings owned by the state
16or any political subdivision. The rules promulgated by the department shall
17constitute the state plumbing code. The state plumbing code shall comply with ch.
18160. To the extent that the historic building code applies to the subject matter of
19these standards, the standards do not apply to a qualified historic building if the
20owner elects to be subject to s. 101.121. The standards do not apply to a primitive
21rural hunting cabin, as defined in s. 101.61 (3).
SB749,57
22Section
57. 145.02 (3) (f) of the statutes is amended to read:
SB749,14,823
145.02
(3) (f) Issue special orders directing and requiring compliance with the
24rules and standards of the department promulgated under this chapter whenever,
25in the judgment of the department, the rules or standards are threatened with
1violation, are being violated or have been violated
, except that the department shall
2issue orders related to occupational licenses, as defined in s. 101.02 (1) (a) 2., as
3provided in s. 101.022. The circuit court for any county where violation of such an
4order occurs has jurisdiction to enforce and shall enforce any order brought before
5it by injunctive and other appropriate relief. The attorney general or the district
6attorney of the county where the violation of the order occurs shall bring action for
7its enforcement. The department may issue an order under this paragraph to abate
8a violation of s. 254.59.
SB749,58
9Section
58. 145.035 of the statutes is repealed.
SB749,59
10Section
59. 145.045 (2) of the statutes is repealed.
SB749,60
11Section
60. 145.045 (3) of the statutes is amended to read:
SB749,14,1512
145.045
(3) Plumbers and septic tank installers may be soil testers. A
13plumber
or septic tank installer may also be a soil tester and install any system after
14approval of the site or project by the department or the governmental unit
15responsible for the regulation of private on-site wastewater treatment systems.
SB749,61
16Section
61. 145.12 (4) of the statutes is amended to read:
SB749,14,2217
145.12
(4) Any person who violates any order under s. 145.02 (3) (f) or 145.20
18(2) (f) or any rule or standard adopted under s.
145.13 145.02 shall forfeit not less
19than $10 nor more than $1,000 for each violation. Each violation of an order under
20s. 145.02 (3) (f) or 145.20 (2) (f) or a rule or standard under s.
145.13 145.02 21constitutes a separate offense
, and each day of continued violation is a separate
22offense.
SB749,62
23Section
62. 145.13 of the statutes is repealed.
SB749,63
24Section
63. 145.24 (1) of the statutes is amended to read:
SB749,15,5
1145.24
(1) If an existing private on-site wastewater treatment system either
2is not located in soil meeting the siting standards or is not constructed in accordance
3with design standards promulgated under s. 145.02
or 145.13, the owner of the
4private on-site wastewater treatment system may petition the department for a
5variance to the siting or design standards.
SB749,64
6Section
64. 145.245 (7) (a) of the statutes is amended to read:
SB749,15,117
145.245
(7) (a) Except as provided in par. (e), costs allowable in determining
8grant funding under this section may not exceed the costs of rehabilitating or
9replacing a private on-site wastewater treatment system
which that would be
10necessary to allow the rehabilitated system or new system to meet the minimum
11requirements of the state plumbing code promulgated under s.
145.13 145.02.
SB749,65
12Section
65. 145.26 (1) of the statutes is amended to read:
SB749,15,2113
145.26
(1) In this section, “public swimming pool" means a fixed or mobile
14structure, basin, chamber
, or tank and appurtenant buildings and equipment that
15serve or are installed for use by the state, a political subdivision of the state, a motel,
16a hotel, a resort, a camp, a club, an association, a housing development, a school, a
17religious, charitable
, or youth organization, an educative or rehabilitative facility
, or
18another entity. “Public swimming pool" does not mean
an inflated mobile structure,
19basin, chamber, or tank; a swim pond; an individual therapeutic pod, tub, or bath;
20or a fixed or mobile structure, basin, chamber
, or tank that
only serves fewer than
213 individual residences.
SB749,66
22Section
66. 234.49 (1) (e) of the statutes is amended to read:
SB749,16,223
234.49
(1) (e) “Housing" means a residential structure having not more than
244 dwelling units in which at least one unit is occupied by the owner as a principal
25residence and, if a housing rehabilitation loan is granted for the property to
1implement energy conservation improvements, the structure is not subject to rules
2adopted under s.
101.02, 101.63,
or 101.73
, or 101.973.
SB749,67
3Section
67. 321.60 (1) (a) 7. of the statutes is amended to read:
SB749,16,54
321.60
(1) (a) 7.
A An occupational license, as defined in s. 101.02
(20) (1) (a)
52.
SB749,68
6Section
68. 321.60 (1) (a) 18. of the statutes is amended to read:
SB749,16,87
321.60
(1) (a) 18. A
license, permit, certificate, or registration that is granted
8under chs. 440 to 480 credential, as defined in s. 440.01 (2) (a).
SB749,69
9Section
69. 343.305 (6) (bm) of the statutes is amended to read:
SB749,16,1710
343.305
(6) (bm) Any relevant instruction, as defined in s.
101.02 (24) (a) 1. 11440.075 (1), that an applicant for an approval, certification, or permit under par. (b)
12has obtained in connection with any military service, as defined in s. 111.32 (12g),
13counts toward satisfying any requirement for instruction for an approval,
14certification, or permit under par. (b) if the applicant demonstrates to the satisfaction
15of the department of transportation that the instruction obtained by the applicant
16is substantially equivalent to the instruction required for the approval, certificate,
17or permit under par. (b).
SB749,70
18Section
70. 440.03 (3m) of the statutes is amended to read:
SB749,16,2019
440.03
(3m) The department may investigate complaints made against a
20person who has been issued a credential
under chs. 440 to 480.
SB749,71
21Section
71. 440.03 (7) of the statutes is amended to read:
SB749,17,222
440.03
(7) The department shall establish the style, content
, and format of all
23credentials and of all forms for applying for any
initial credential
issued or renewed
24under chs. 440 to 480 or credential renewal. All forms shall include a place for the
25information required under sub. (11m) (a). Upon request of any person who holds
1a credential and payment of a $10 fee, the department may issue a wall certificate
2signed by the governor.
SB749,72
3Section
72. 440.03 (7m) of the statutes is amended to read:
SB749,17,124
440.03
(7m) The department may promulgate rules that establish procedures
5for submitting an application for a credential or credential renewal by electronic
6transmission. Any rules promulgated under this subsection shall specify procedures
7for complying with any requirement that a fee be submitted with the application.
8The rules may also waive any requirement in chs. 440 to 480 that an application
9submitted to the department, an examining board
, or an affiliated credentialing
10board be executed, verified, signed, sworn
, or made under oath, notwithstanding ss.
11440.26 (2) (b), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2),
445.08 (4), 12445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1)
, and 480.08 (2m).
SB749,73
13Section
73. 440.03 (11m) (a) of the statutes is amended to read: