SB698: Bill Text

SB698,16,11 1. "Credential" has the meaning given in s. 440.01 (2) (a).

SB698,16,15 2. "Occupational license" means a license, permit, certificate, registration, or other approval for an occupation, trade, or profession issued by the department under this chapter, under rules promulgated under this chapter, or under s. 167.10 (6m).

SB698,44 Section 44. 101.02 (1) (c) of the statutes is created to read:

SB698,16,22 101.02 (1) (c) If the department promulgates rules under s. 440.03 (1) defining uniform procedures to be used by the department for receiving, filing, and investigating complaints against holders of credentials, for commencing disciplinary proceedings against holders of credentials, and for conducting hearings on matters relating to credentials, the department's rules under par. (b) with respect to occupational licenses shall conform with the rules promulgated under s. 440.03 (1).

SB698,45 Section 45. 101.02 (7m) of the statutes is repealed.

SB698,46 Section 46. 101.02 (7r) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB698,17,5 101.02 (7r) (a) Notwithstanding sub. (7) (a), no city, village, or town may enact or enforce an ordinance that establishes minimum standards for constructing, altering, or adding to public buildings or buildings that are places of employment unless that ordinance strictly conforms to the applicable rules under sub. (15) (j), except as provided in pars. (b) to (d) and sub. (7m).

SB698,47 Section 47. 101.02 (7r) (b) 4. of the statutes is amended to read:

SB698,17,8 101.02 (7r) (b) 4. The building is not a multifamily dwelling, as defined in s. 101.971 (2).

SB698,48 Section 48. 101.02 (7r) (g) of the statutes is created to read:

SB698,17,14 101.02 (7r) (g) 1. The department shall promulgate rules that establish procedures for the administration of the rules promulgated by the department under this subchapter. For purposes of this paragraph, "administration" includes the process an owner must follow when applying for a permit for constructing, altering, or adding to a public building or a building that is a place of employment.

SB698,17,18 2. Notwithstanding sub. (7) (a), no city, village, or town may enact or enforce an ordinance that establishes minimum standards for the administration of the rules promulgated by the department under this subchapter unless that ordinance strictly conforms to the rules promulgated by the department under subd. 1.

SB698,49 Section 49. 101.02 (12) of the statutes is repealed.

SB698,50 Section 50. 101.02 (13) (a) of the statutes is amended to read:

SB698,18,4 101.02 (13) (a) If any employer, employee, owner, or other person violates this subchapter, or fails or refuses to perform any duty specified under this subchapter, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects, or refuses to obey any lawful order given or made by the department, or any judgment or decree made by any court in connection with this subchapter, for each such violation, failure, or refusal, such the employer, employee, owner, or other person shall forfeit and pay into the state treasury a sum not less than $10 nor more than $100 $5,000 for each such offense. Each day of continued violation constitutes a separate offense.

SB698,51 Section 51. 101.02 (20) of the statutes is repealed.

SB698,52 Section 52. 101.02 (21) of the statutes is repealed.

SB698,53 Section 53. 101.02 (24) of the statutes is repealed.

SB698,54 Section 54. 101.022 of the statutes is created to read:

SB698,18,15 101.022 Certain laws applicable to occupational licenses. Sections 440.03 (1), (3m), (4), (11m), and (13) (a), (am), and (b) 75., 440.075, 440.09 (2), 440.11, 440.12, 440.121, 440.13, 440.14, 440.15, 440.19, 440.20 (1), (3), (4) (a), and (5) (a), 440.205, 440.21, and 440.22, and the requirements imposed on the department under those statutes, apply to occupational licenses, as defined in s. 101.02 (1) (a) 2., in the same manner as those statutes apply to credentials, as defined in s. 440.01 (2) (a).

SB698,55 Section 55. 101.10 (4) (a) of the statutes is amended to read:

SB698,18,19 101.10 (4) (a) Any person who violates a rule of the department promulgated under sub. (2) may be required to forfeit not less than $10 nor more than $100 $1,000 for each violation. Each day of continued violation constitutes a separate offense.

SB698,56 Section 56. 101.10 (4) (b) of the statutes is amended to read:

SB698,18,23 101.10 (4) (b) Except as provided in par. (c), any person who violates sub. (3) is guilty of a Class I felony. Notwithstanding s. 101.02 (12), each Each act in violation of sub. (3) constitutes a separate offense.

SB698,57 Section 57. 101.10 (4) (c) of the statutes is amended to read:

SB698,19,6 101.10 (4) (c) Any person who violates sub. (3) (a) or (b) while performing an agricultural activity or while performing an activity related to the construction, repair, alteration, location, installation, inspection, or operation of anhydrous ammonia equipment with the consent of the owner of the anhydrous ammonia equipment may be required to forfeit not less than $10 nor more than $100 $1,000 for each violation. Each day of continued violation constitutes a separate offense.

SB698,58 Section 58. 101.12 (1) (a) of the statutes is amended to read:

SB698,19,9 101.12 (1) (a) Heating, Plumbing, heating, ventilation, air conditioning, and fire detection, prevention, or suppression systems.

SB698,59 Section 59. 101.12 (6) (a) of the statutes is repealed.

SB698,60 Section 60. 101.12 (6) (b) of the statutes is renumbered 101.12 (6) and amended to read:

SB698,19,15 101.12 (6) The department shall promulgate rules relating to the enforcement of this subchapter and subch. subchs. IV and ch. 145 VIII for public schools constructed before 1930 and establishing life-safety plans for all public schools.

SB698,61 Section 61. 101.121 (3) (a) of the statutes is amended to read:

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.