This bill makes numerous changes to the laws governing the regulation of
professions and buildings and safety that are administered by the Department of
Safety and Professional Services.
Uniform professional credentialing and occupational licensing
procedures
The bill makes uniform many of the standards and procedures that apply to the
following approvals that are under the authority of DSPS:
1. Licenses, permits, and certificates of certification or registration issued by
DSPS, an examining board, or an affiliated credentialing board with respect to
various professions, including cosmetology, accounting, architecture, boxing, mixed
martial arts, and health professions (professional credentials).
2. Licenses, permits, certificates, registrations, or other approvals issued by
DSPS with respect to trades (occupational licenses).
Specifically, this bill requires that any rules promulgated by DSPS that define
uniform procedures for the following must conform with rules related to professional
credentials: receiving, filing, and investigating complaints against holders of
occupational licenses; commencing disciplinary proceedings against holders of
occupational licenses; and conducting hearings on matters relating to occupational
licenses.
The bill also provides that many laws that apply to professional credentials also
apply to occupational licenses, including laws that do all of the following:
1. Govern how and when an application for an initial professional credential
or a renewal is granted or denied.
2. Prescribe standards and procedures for how a person may file a complaint
against a professional credential holder.
3. Set forth standards and procedures for conducting investigations,
commencing disciplinary proceedings, holding hearings, and making findings
regarding violations of laws and rules governing professional credential holders.
4. Prescribe the process and procedure for issuing administrative warnings to
professional credential holders, reprimanding professional credential holders, and
denying, limiting, suspending, and revoking professional credentials.
5. Set forth certain rights and obligations of professional credential holders.
Multifamily dwelling code
The bill repeals the statutes, and the authority of DSPS to promulgate rules,
that establish standards for the construction of multifamily dwellings and their
components. Those statutes and rules are commonly known as the multifamily
dwelling code.
Under current law, a county, city, village, or town (political subdivision) is
prohibited from enforcing any ordinance that does not comply with the multifamily
dwelling code, except with respect to a preexisting stricter sprinkler ordinance that
meets certain requirements. The bill repeals the multifamily dwelling code,
including the exception for preexisting stricter sprinkler ordinances, but retains
certain powers of DSPS which are incorporated into the provisions that regulate
public buildings and buildings that are places of employment (commercial building
code).
Under current law, a multifamily dwelling is subject to the commercial building
code if the multifamily dwelling is a “public building," which current law defines to
include a building used by the public or by three or more tenants for lodging or
occupancy, or is a place of employment. The bill does not change the applicability of
the commercial building code to multifamily dwellings.
Safety glazing material in hazardous locations
The bill repeals existing statutory requirements related to labeling, installing,
and selling safety glazing material located or to be located in hazardous locations.
Under the bill, DSPS must promulgate rules regulating safety glazing material
manufactured, distributed, imported, sold, or installed for use in a hazardous
location.
Aging schools program
The bill repeals an outdated requirement under the aging schools program that
DSPS inspect all public schools constructed prior to January 1, 1950, for compliance
with certain safety and building requirements.
Alternative dispute resolution for manufactured housing industry
disputes
The bill eliminates the requirement that DSPS establish by rule an alternative
dispute resolution program for disputes concerning defects in or installation of
manufactured homes. Under current law, the ADR program must provide for the
timely, nonjudicial resolution of disputes among manufacturers, salespersons,
dealers, and installers of manufactured homes if those disputes are reported to DSPS
within one year of the date on which a manufactured home is installed.
Temporary revocable permits for master and journeyman plumbers
The bill eliminates the authority of DSPS to issue temporary revocable permits
to master and journeyman plumbers pending an examination. The bill also
eliminates the authority of DSPS to promulgate rules governing the issuance of those
permits.
Septic tank installers
The bill eliminates references under current law to “septic tank installers" in
requirements related to installation of private on-site wastewater treatment
systems.
Definition of public swimming pools
The bill changes the definition of public swimming pool to exclude an inflated
mobile structure, basin, chamber, or tank; a swim pond; or an individual therapeutic
pod, tub, or bath. Under current law, DSPS must review and approve any plans for
the construction, alteration, or reconstruction of a public swimming pool, and no one
may maintain, manage, or operate a public swimming pool unless DSPS has
approved the plans and the public swimming pool conforms to those plans.
Other changes
The bill makes various other changes and corrections to various laws governing
the regulation professions, including requiring a jurisprudence examination for
applicants for licensure as a funeral director that tests an applicant's knowledge of
state law relating to funeral directing. The bill does not otherwise affect current
examination requirements for funeral directors.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB749,1
1Section
1. 20.165 (2) (j) of the statutes is amended to read:
SB749,4,92
20.165
(2) (j)
Safety and building operations. The amounts in the schedule for
3the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and
4(2m), and 236.335 and for the purpose of transferring the amounts in the schedule
5under par. (ke) to the appropriation account under par. (ke). All moneys received
6under ch. 145, ss. 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4),
7101.955 (2),
101.973 (7), 167.35 (2) (f), and 236.12 (7)
and all moneys transferred
8under 2005 Wisconsin Act 45, section 76 (6), shall be credited to this appropriation
9account.
SB749,2
1Section
2. 20.165 (2) (j) of the statutes, as affected by
2017 Wisconsin Act 59 2and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
SB749,5,73
20.165
(2) (j)
Safety and building operations. The amounts in the schedule for
4the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and
5(2m), and 236.335. All moneys received under ch. 145, ss. 101.178, 101.19, 101.63
6(9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 167.35 (2) (f), and 236.12 (7), shall
7be credited to this appropriation account.
SB749,3
8Section
3. 43.09 (1) of the statutes is amended to read:
SB749,5,189
43.09
(1) Public librarians. The division shall issue certificates to public
10librarians and promulgate, under ch. 227, necessary standards for public librarians.
11The qualifications for public librarians shall be based on education, professional
12training and experience. Any relevant instruction, as defined in s.
101.02 (24) (a) 1. 13440.075 (1), that an applicant for a certificate has obtained in connection with any
14military service, as defined in s. 111.32 (12g), counts toward satisfying any
15requirement for instruction for a certificate under this subsection if the applicant
16demonstrates to the satisfaction of the division that the instruction obtained by the
17applicant is substantially equivalent to the instruction required for the certificate.
18Certificates already granted prior to December 17, 1971, shall remain in effect.
SB749,4
19Section
4. 45.44 (1) (a) 6. of the statutes is amended to read:
SB749,5,2120
45.44
(1) (a) 6.
A An occupational license,
permit, certificate, or registration
21specified as defined in s.
101.19 (1r) 101.02 (1) (a) 2.
SB749,5
22Section
5. 45.44 (1) (a) 16. of the statutes is amended to read:
SB749,5,2423
45.44
(1) (a) 16. A
license, permit, or certificate of certification or registration
24issued under chs. 440 to 480 credential, as defined in s. 440.01 (2) (a).
SB749,6
25Section
6. 49.857 (1) (b) of the statutes is amended to read:
SB749,6,2
149.857
(1) (b) “Credential"
means a license, permit, certificate or registration
2that is granted under chs. 440 to 480 has the meaning given in s. 440.01 (2) (a).
SB749,7
3Section
7. 49.857 (1) (d) 7. of the statutes is amended to read:
SB749,6,54
49.857
(1) (d) 7.
A An occupational license,
permit or certificate of certification
5or registration specified as defined in s. 101.02
(21) (1) (a)
2.
SB749,8
6Section
8. 66.1019 (3) of the statutes is repealed.
SB749,9
7Section
9. 73.0301 (1) (d) 5. of the statutes is amended to read:
SB749,6,98
73.0301
(1) (d) 5.
A
An occupational license, as defined in s. 101.02
(20) (1) (a)
92.
SB749,10
10Section
10. 100.21 (1) (a) of the statutes is amended to read:
SB749,6,1411
100.21
(1) (a) “Dwelling unit" means a dwelling, as defined under s. 101.61
(1),
12a modular home, as defined under s. 101.71 (6), a manufactured home, as defined
13under s. 101.91 (2), or a multifamily dwelling, as defined under s.
101.971 (2) 101.01
14(8m).
SB749,11
15Section
11. 101.02 (1) of the statutes is renumbered 101.02 (1) (b) and
16amended to read:
SB749,6,2017
101.02
(1) (b) The department shall adopt reasonable and proper rules and
18regulations relative to the exercise of its powers and authorities and proper rules to
19govern its proceedings and to regulate the mode and manner of all investigations and
20hearings
, subject to par. (c).
SB749,12
21Section
12. 101.02 (1) (a) of the statutes is created to read:
SB749,6,2222
101.02
(1) (a) In this subsection:
SB749,6,2323
1. “Credential” has the meaning given in s. 440.01 (2) (a).
SB749,7,224
2. “Occupational license” means a license, permit, certificate, registration, or
25other approval for an occupation, trade, or profession issued by the department
1under this chapter, under ch. 145, under rules promulgated under this chapter or ch.
2145, or under s. 167.10 (6m).
SB749,13
3Section
13. 101.02 (1) (c) of the statutes is created to read:
SB749,7,94
101.02
(1) (c) If the department promulgates rules under s. 440.03 (1) defining
5uniform procedures to be used by the department for receiving, filing, and
6investigating complaints against holders of credentials, for commencing disciplinary
7proceedings against holders of credentials, and for conducting hearings on matters
8relating to credentials, the department's rules under par. (b) with respect to
9occupational licenses shall conform with the rules promulgated under s. 440.03 (1).
SB749,14
10Section
14. 101.02 (1m) of the statutes is amended to read:
SB749,7,1311
101.02
(1m) Notwithstanding sub. (1)
(b), the department may not promulgate
12or enforce a rule related to fire safety that prohibits the seasonal placement of a
13Christmas tree in the rotunda of the state capitol building or in a church.
SB749,15
14Section
15. 101.02 (7m) of the statutes is repealed.
SB749,16
15Section
16. 101.02 (7r) (a) of the statutes is amended to read:
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.