SB698: Bill Text

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.

SB698,113 Section 113. Subchapter VIII (title) of chapter 101 [precedes 101.9911] of the statutes is created to read:

SB698,30,18 chapter 101

SB698,30,19 SUBCHAPTER VIII

SB698,30,22 PLUMBING AND FIRE PROTECTION SYSTEMS AND SWIMMING POOL PLAN REVIEW

SB698,114 Section 114. 108.227 (1) (e) 5. of the statutes is amended to read:

SB698,30,25 108.227 (1) (e) 5. A An occupational license, as defined in s. 101.02 (20) (1) (a) 2.

SB698,115 Section 115. 115.33 (1) (a) of the statutes is amended to read:

SB698,31,4 115.33 (1) (a) "In compliance" means in compliance with subchs. I and, IV, and VIII of ch. 101, ch. 145 and ss. 254.11 to 254.178 and the rules promulgated under subchs. I and, IV, and VIII of ch. 101, ch. 145 and ss. 254.11 to 254.178.

SB698,116 Section 116. 118.135 (2) of the statutes is amended to read:

SB698,31,10 118.135 (2) A pupil who complies with a request under sub. (1) shall provide evidence of an eye examination or evaluation by December 31 following the pupil's enrollment in kindergarten. The school board or charter school shall provide pupils with the form distributed by the department of safety and professional services under s. 440.03 (16) for that purpose.

SB698,117 Section 117. Chapter 145 (title) of the statutes is repealed.

SB698,118 Section 118. 145.01 of the statutes is renumbered 101.9911, and 101.9911 (4m), (9), (14) and (15), as renumbered, are amended to read:

SB698,31,16 101.9911 (4m) Failing private on-site wastewater treatment system. "Failing private on-site wastewater treatment system" has the meaning specified under s. 145.245 101.9937 (4).

SB698,31,18 (9) Pipelayer. "Pipelayer" means a person registered under s. 145.07 101.9918 (11).

SB698,31,21 (14) Restricted plumber licensee. "Restricted plumber licensee" means any person licensed as a master plumber (restricted) or a journeyman plumber (restricted) under s. 145.14 101.9925.

SB698,31,23 (15) Utility contractor. "Utility contractor" means a person licensed under s. 145.07 101.9918 (10).

SB698,119 Section 119. 145.02 of the statutes, as affected by 2015 Wisconsin Act 49, is renumbered 101.9912, and 101.9912 (2) (a) and (3) (f), as renumbered, are amended to read:

SB698,32,14 101.9912 (2) (a) The department shall have general supervision of all such plumbing and under sub. (1). The department shall after public hearing prescribe and publish and enforce reasonable standards therefor which promulgate rules that shall be uniform and of statewide concern so far as practicable uniformly apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision. Any employee designated by the department may act for the department in holding the public hearing required under this subsection. The rules promulgated by the department shall constitute the state plumbing code. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s. 101.121.

SB698,32,24 (3) (f) Issue special orders directing and requiring compliance with the rules and standards of the department promulgated under this chapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated, except that orders related to occupational licenses, as defined in s. 101.02 (1) (a) 2., shall be issued as provided in s. 101.022. The circuit court for any county where violation of such an order occurs has jurisdiction to enforce and shall enforce any order brought before it by injunctive and other appropriate relief. The attorney general or the district attorney of the county where the violation of the order occurs shall bring action for its enforcement. The department may issue an order under this paragraph to abate a violation of s. 254.59.

SB698,120 Section 120. 145.035 of the statutes is repealed.

SB698,121 Section 121. 145.04 of the statutes is renumbered 101.9914.

SB698,122 Section 122. 145.045 (title) and (1) of the statutes are renumbered 101.9915 (title) and (1).

SB698,123 Section 123. 145.045 (2) of the statutes is repealed.

SB698,124 Section 124. 145.045 (3) of the statutes is renumbered 101.9915 (3) and amended to read:

SB698,33,10 101.9915 (3) Plumbers and septic tank installers. A plumber or septic tank installer may also be a soil tester and install any system after approval of the site or project by the department or the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

SB698,125 Section 125. 145.05 of the statutes is renumbered 101.9916.

SB698,126 Section 126. 145.06 of the statutes is renumbered 101.9917.

SB698,127 Section 127. 145.07 of the statutes is renumbered 101.9918, and 101.9918 (9), (10), (11) and (12), as renumbered, are amended to read:

SB698,33,16 101.9918 (9) Master plumbers, journeyman plumbers and apprentices are not subject to the restrictions under s. 145.14 101.9925.

SB698,33,24 (10) An application for a utility contractor's license shall be made to the department with fees required by the department under s. 145.08 101.9919 (1) (o). The department shall issue a utility contractor's license to any person who is skilled in the planning, superintending and practical installation, within public or private premises, of piping which conveys sewage, rain water or other liquid wastes to a legal point of disposal and who is skilled in the design, planning, superintending and practical installation of water service piping from the street main to the immediate inside building perimeter.

SB698,34,8 (11) An application for registration as a pipelayer shall be made to the department with the fees required by the department under s. 145.08 101.9919 (1) (q). The department shall approve the registration of any person as a pipelayer if the person is employed by a utility contractor and if the person is engaged in the practical installation, within public or private premises, of piping which conveys sewage, rain water or other liquid wastes to a legal point of disposal or engages in the practical installation of water service piping from the street main to the immediate inside building perimeter.

SB698,34,11 (12) An applicant for registration as a cross-connection control tester shall submit an application and registration fee to the department as prescribed by the rules promulgated under s. 145.02 101.9912 (4) (b).

SB698,128 Section 128. 145.08 of the statutes is renumbered 101.9919, and 101.9919 (1g), as renumbered, is amended to read:

SB698,34,17 101.9919 (1g) The department may not charge a plumbing supervisor employed by the department in accord with s. 145.02 101.9912 (3) (a) a fee for the appropriate 4-year license for which the plumbing supervisor has previously qualified.

SB698,129 Section 129. 145.09 of the statutes is renumbered 101.992, and 101.992 (intro.), as renumbered, is amended to read:

SB698,34,22 101.992 State comity. (intro.) Any person may be accepted for examination for the appropriate classification of license without submitting evidence required under s. 145.07 101.9918, if:

SB698,130 Section 130. 145.10 of the statutes is renumbered 101.9921, and 101.9921 (1) (c), as renumbered, is amended to read:

SB698,35,2 101.9921 (1) (c) Falsified information on an inspection form under s. 145.20 101.9934 (5).

SB698,131 Section 131. 145.11 of the statutes is renumbered 101.9922, and 101.9922 (4), as renumbered, is amended to read:

SB698,35,8 101.9922 (4) Subsection (1) does not apply to any person who advertises as providing services for which no license is required under s. 145.06 101.9917, unless the person holds himself or herself out as providing services for which a license is required.