101.02(7)(c)
(c) Upon receipt of such petition the department shall order a hearing thereon, to consider and determine the issues raised by such appeal, such hearing to be held in the village, city or municipality where the local order appealed from was made. Notice of the time and place of such hearing shall be given to the petitioner and such other persons as the department may find directly interested in such decision, including the clerk of the municipality or town from which such appeal comes. If upon such investigation it shall be found that the local order appealed from is unreasonable and in conflict with the order of the department, the department may modify its order and shall substitute for the local order appealed from such order as shall be reasonable and legal in the premises, and thereafter the said local order shall, in such particulars, be void and of no effect.
101.02(7m)
(7m) Notwithstanding
sub. (7) (a), no city, village or town may make or enforce any ordinance that is applied to any multifamily dwelling, as defined in
s. 101.971 (2), and that does not conform to
subch. VI and this section or is contrary to an order of the department under this subchapter, except that if a city, village or town has a preexisting stricter sprinkler ordinance, as defined in
s. 101.975 (3) (a), that ordinance remains in effect, except that the city, village or town may take any action with regard to that ordinance that a political subdivision may take under
s. 101.975 (3) (b).
101.02(8)(a)(a) No action, proceeding or suit to set aside, vacate or amend any order of the department or to enjoin the enforcement thereof, shall be brought unless the plaintiff shall have applied to the department for a hearing thereon at the time and as provided in
s. 101.02 (6) (e) to
(i), and in the petition therefor shall have raised every issue raised in such action.
101.02(8)(b)
(b) Every order of the department shall, in every prosecution for violation thereof, be conclusively presumed to be just, reasonable and lawful, unless prior to the institution of prosecution for such violation a proceeding for judicial review of such order shall have been instituted, as provided in
ch. 227.
101.02(9)
(9) A substantial compliance with the requirements of this subchapter shall be sufficient to give effect to the orders of the department, and no order may be declared inoperative, illegal or void for any omission of a technical nature with respect to the requirements of this subchapter.
101.02(10)
(10) Orders of the department under this subchapter shall be subject to review in the manner provided in
ch. 227.
101.02(11)
(11) Proof by any person, firm or corporation employing a contractor to construct, repair, alter or improve any building or structure, that such contractor in performing such work has failed to comply with any applicable order or regulation of the department promulgated under this chapter shall constitute a defense to any action for payment by such contractor to the extent that it shall bar recovery for any part of the work which fails to comply. Advancements paid to the contractor for work which fails to comply as well as any reasonable amount expended to effectuate compliance with any applicable order or regulation may be recovered from such contractor by way of counterclaim or in a separate action. This section shall not apply where plans or specifications were prepared by an architect or engineer licensed to do business in this state and the contract performed in accordance therewith.
101.02(12)
(12) Every day during which any person or corporation, or any officer, agent or employe of a person or corporation, fails to observe and comply with any order of the department or to perform any duty specified under this subchapter shall constitute a separate and distinct violation of the order or of the requirements of this subchapter, whichever is applicable.
101.02(13)(a)(a) If any employer, employe, 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 employer, employe, owner or other person shall forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each such offense.
101.02(13)(b)
(b) It shall be the duty of all officers of the state, the counties and municipalities, upon request of the department, to enforce in their respective departments, all lawful orders of the department, insofar as the same may be applicable and consistent with the general duties of such officers.
101.02(14)(a)(a) The secretary or any examiner appointed by the secretary may hold hearings and take testimony.
101.02(14)(b)
(b) Each witness who appears before the department by its order shall receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the secretary, and charged to the proper appropriation for the department. No witness subpoenaed at the instance of an attorney under
par. (cm) or at the instance of a party other than the department is entitled to compensation from the state for attendance or travel unless the department certifies that the testimony was material to the matter investigated.
101.02(14)(c)
(c) The department or any party may in any investigation cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts. The expense incurred by the state in the taking of such depositions shall be charged against the proper appropriations for the department.
101.02(14)(cm)
(cm) A party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in
s. 805.07 (4) and must be served in the manner provided in
s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal or other representative of the department responsible for conducting the proceeding.
101.02(14)(d)
(d) A full and complete record shall be kept of all proceedings had before the department on any investigation and all testimony shall be taken down by the stenographer appointed by the department.
101.02(15)(a)(a) The department has such supervision of every employment, place of employment and public building in this state as is necessary adequately to enforce and administer all laws and all lawful orders requiring such employment, place of employment or public building to be safe, and requiring the protection of the life, health, safety and welfare of every employe in such employment or place of employment and every frequenter of such place of employment, and the safety of the public or tenants in any such public building. This paragraph does not apply to occupational safety and health issues covered by standards established and enforced by the federal occupational safety and health administration.
101.02(15)(b)
(b) The department shall administer and enforce, so far as not otherwise provided for in the statutes, the laws relating to laundries, stores, licensed occupations, school attendance, bakeries, intelligence offices and bureaus, manufacture of cigars, sweatshops, corn shredders, woodsawing machines, fire escapes and means of egress from buildings, scaffolds, hoists, ladders and other matters relating to the erection, repair, alteration or painting of buildings and structures, and all other laws protecting the life, health, safety and welfare of employes in employments and places of employment and frequenters of places of employment.
101.02(15)(c)
(c) Upon petition by any person that any employment or place of employment or public building is not safe, the department shall proceed, with or without notice, to make such investigation as may be necessary to determine the matter complained of.
101.02(15)(d)
(d) After such hearing as may be necessary, the department may enter such order relative thereto as may be necessary to render such employment or place of employment or public building safe.
101.02(15)(e)
(e) Whenever the department shall learn that any employment or place of employment or public building is not safe it may of its own motion, summarily investigate the same, with or without notice, and enter such order as may be necessary relative thereto.
101.02(15)(f)
(f) The department shall investigate, ascertain and determine such reasonable classifications of persons, employments, places of employment and public buildings, as shall be necessary to carry out the purposes of this subchapter.
101.02(15)(g)
(g) The secretary or any deputy of the department may enter any place of employment or public building, for the purpose of collecting facts and statistics, examining the provisions made for the health, safety and welfare of the employes, frequenters, the public or tenants therein and bringing to the attention of every employer or owner any law, or any order of the department, and any failure on the part of such employer or owner to comply therewith. No employer or owner may refuse to admit the secretary or any deputy of the department to his or her place of employment or public building.
101.02(15)(h)
(h) The department shall investigate, ascertain, declare and prescribe what safety devices, safeguards or other means or methods of protection are best adapted to render the employes of every employment and place of employment and frequenters of every place of employment safe, and to protect their welfare as required by law or lawful orders.
101.02(15)(i)
(i) The department shall ascertain and fix such reasonable standards and shall prescribe, modify and enforce such reasonable orders for the adoption of safety devices, safeguards and other means or methods of protection to be as nearly uniform as possible, as may be necessary to carry out all laws and lawful orders relative to the protection of the life, health, safety and welfare of employes in employments and places of employment or frequenters of places of employment.
101.02(15)(j)
(j) The department shall ascertain, fix and order such reasonable standards or rules for the construction, repair and maintenance of places of employment and public buildings, as shall render them safe.
101.02(15)(jm)
(jm) Paragraphs (a) to
(j) do not apply to public employe occupational safety and health issues covered under
s. 101.055.
101.02(15)(k)
(k) Every employer and every owner shall furnish to the department all information that the department requires to administer and enforce this subchapter, and shall provide specific answers to all questions that the department asks relating to any information that the department requires.
101.02(15)(L)
(L) Any employer receiving from the department any form requesting information that the department requires to administer and enforce this subchapter, along with directions to complete the form, shall properly complete the form and answer fully and correctly each question asked in the form. If the employer is unable to answer any question, the employer shall give a good and sufficient reason for his or her inability to answer the question. The employer's answers shall be verified under oath by the employer, or by the president, secretary or other managing officer of the corporation, if the employer is a corporation, and the completed form shall be returned to the department at its office within the period fixed by the department.
101.02(16)
(16) The department shall comply with the requirements of
ch. 160 in the administration of any program, responsibility or activity assigned or delegated to it by law.
101.02(18)
(18) The department may establish a schedule of fees for publications and seminars provided by the department for which no fee is otherwise authorized, required or prohibited by statute. Fees established under this subsection for publications and seminars provided by the department may not exceed the actual cost incurred in providing those publications and seminars.
101.02(18m)
(18m) The department may perform testing of petroleum products other than testing provided under
ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under
s. 20.143 (3) (ga). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.
101.02(19)(a)(a) The department shall, after consulting with the department of health and family services, develop a report form to document significant exposure to blood or body fluids, for use under
s. 252.15 (2) (a) 7. ak. The form shall contain the following language for use by a person who may have been significantly exposed: "REMEMBER — WHEN YOU ARE INFORMED OF AN HIV TEST RESULT BY USING THIS FORM, IT IS A VIOLATION OF THE LAW FOR YOU TO REVEAL TO ANYONE ELSE THE IDENTITY OF THE PERSON WHO IS THE SUBJECT OF THAT TEST RESULT. (PENALTY: POSSIBLE JAIL AND UP TO $10,000 FINE)".
101.02(19)(b)
(b) The department shall determine whether a report form that is not the report form under
par. (a) that is used or proposed for use to document significant exposure to blood or body fluids, is substantially equivalent to the report form under
par. (a).
101.02 History
History: 1971 c. 185 ss.
1 to
5,
7;
1971 c. 228 ss.
16,
42; Stats. 1971 s. 101.02;
1975 c. 39,
94;
1977 c. 29;
1981 c. 360;
1983 a. 410;
1985 a. 182 s.
57;
1987 a. 343;
1989 a. 31,
56,
139;
1991 a. 39,
269;
1993 a. 27,
184,
252,
414,
492;
1995 a. 27 ss.
3631 to
3649r,
9126 (19);
1995 a. 215.
101.02 Cross-reference
Cross-reference: See s.
66.122 for provision authorizing special inspection warrants.
101.02 Annotation
Safety rules promulgated under (15) (h) applied to frequenter of new home construction site. Failure to instruct jury that violation of safety standard constituted negligence per se was reversible error. Nordeen v. Hammerlund, 132 W (2d) 164, 389 NW (2d) 878 (Ct. App. 1986).
101.02 Annotation
Every infrequent business-related activity in the home does not subject the homeowner to liability under the safe-place statute. Geiger v. Milwaukee Guardian Insurance Co. 188 W (2d) 333, 524 NW (2d) 909 (Ct. App. 1994).
101.02 Annotation
The department's authority to adopt rules covering the safety of frequenters while engaged in recreational activities at youth camps is limited by 101.10 (2), (3), (4) and (5), Stats. 1969, to orders relating to the construction of public buildings on the premises, but only as to the structural aspects thereof, and by 101.01 (1), Stats. 1969, as to places of employment, but only as to those camps operated for profit. 59 Atty. Gen. 35.
101.02 Annotation
The department has the power to promulgate reasonable safety standards for the protection of employes while working in and around motor vehicles used on the job. 59 Atty. Gen. 181.
101.02 Annotation
The department may inspect those parts of boarding homes designed for 3 or more persons where employes work or those used by the public, but not interiors of private dwellings. It has no authority to license or register boarding homes nor to charge an inspection fee based upon number of beds or rooms. 62 Atty. Gen. 107.
101.02 Annotation
The department cannot enact a rule which would alter the common law rights and duties of adjoining landowners with respect to lateral support, although the department may specify 30 days as the minimum safety period in which an excavating owner must give notice to a neighbor of an intent to excavate. 62 Atty. Gen. 287.
101.025
101.025
Ventilation requirements for public buildings and places of employment. 101.025(1)
(1) Notwithstanding
s. 101.02 (1) and
(15), any rule which requires the intake of outside air for ventilation in public buildings or places of employment shall establish minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants and other pertinent criteria determined by the department. The department shall set standards where the mandatory intake of outside air may be waived. The department may waive the requirement for the intake of outside air where the owner has demonstrated that the resulting air quality is equivalent to that provided by outdoor air ventilation. The department may not waive the mandatory intake of outside air unless smoking is prohibited in the building or place of employment. In this subsection "smoking" means carrying any lighted tobacco product.
101.025(2)
(2) In the case where the intake of outside air is waived, any person may file a written complaint with the department requesting the enforcement of ventilation requirements for the intake of outside air for a particular public building or place of employment. The complaints shall be processed in the same manner and be subject to the same procedures as provided in
s. 101.02 (6) (e) to
(i) and
(8).
101.025(3)
(3) The department may order the owner of any public building or place of employment which is the subject of a complaint under
sub. (2) to comply with ventilation requirements adopted under
sub. (1) unless the owner can verify, in writing, that the elimination of the provision for outside air in the structure in question does not impose a significant detriment to the employes or frequenters of the structure and that the health, safety and welfare of the occupants is preserved. Upon receipt of a written verification from the owner, the department shall conduct an investigation, and the department may issue an order to comply with ventilation requirements under
sub. (1) if it finds that the health, safety and welfare of the employes or frequenters of the structure in question is best served by reinstating the ventilation requirements for that structure.
101.025(4)
(4) For ventilation systems in public buildings and places of employment, the department shall adopt rules setting:
101.025(4)(a)
(a) A maximum rate of leakage allowable from outside air dampers when the dampers are closed.
101.025(4)(b)
(b) Maintenance standards for ventilation systems in public buildings and places of employment existing on April 30, 1980.
101.025(5)
(5) To the extent that the historic building code applies to the subject matter of this section, this section does not apply to a qualified historic building if the owner elects to be subject to
s. 101.121.
101.025 History
History: 1979 c. 221;
1981 c. 341.
101.027
101.027
Energy conservation code for public buildings and places of employment. 101.027(1)(a)
(a) "Energy conservation code" means the energy conservation code promulgated by the department that sets design requirements for construction and equipment for the purpose of energy conservation in public buildings and places of employment.
101.027(1)(b)
(b) "Standard 90.1 - 1989" means the American society of heating, refrigerating and air-conditioning engineers standard 90.1 - 1989 — energy efficient design of new buildings except low-rise residential buildings.
101.027(2)
(2) The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under
s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including standard 90.1 - 1989 or an energy efficiency code other than standard 90.1 - 1989 if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.
101.027(3)(a)(a) The department shall begin a review under
sub. (2) whenever one of the following occurs:
101.027(3)(a)2.
2. Five years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.
101.027(3)(b)
(b) The department shall complete a review under
sub. (2) as follows:
101.027(3)(b)1.
1. If the department begins a review under
sub. (2) because a revision of standard 90.1 - 1989 is published, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 18 months after the date on which the revision of standard 90.1 - 1989 is published.
101.027(3)(b)2.
2. If the department begins a review under
sub. (2) because 5 years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 9 months after the last day of the 5-year period.
101.027 History
History: 1993 a. 242.
101.03
101.03
Testimonial powers of secretary and deputy. The secretary or any deputy secretary may certify to official acts, and take testimony.
101.03 History
History: 1971 c. 228 s.
21; Stats. 1971 s. 101.03;
1977 c. 29;
1995 a. 27.
101.05
101.05
Exempt buildings and projects. 101.05(1)
(1) No building code adopted by the department under this chapter shall affect buildings located on research or laboratory farms of public universities or other state institutions and used primarily for housing livestock or other agricultural purposes.
101.05(2)
(2) A bed and breakfast establishment, as defined under
s. 254.61 (1), is not subject to rules on residential occupancy or to other building codes adopted by the department under this subchapter, except that the uniform dwelling code adopted in rules promulgated under
s. 101.63 (1) applies to the 3rd floor level of a bed and breakfast establishment that uses, other than as storage, the 3rd floor level of the bed and breakfast establishment structure.
101.05(3)
(3) No standard, rule, code or regulation of the department under this subchapter applies to construction undertaken by the state for the purpose of renovation of the state capitol building.
101.05(4)
(4) No standard, rule, order, code or regulation adopted, promulgated, enforced or administered by the department under this chapter applies to a rural school building if all of the following are satisfied:
101.05(4)(a)
(a) The school building consists of one classroom.
101.05(4)(b)
(b) The school building is used as a school that is operated by and for members of a bona fide religious denomination in accordance with the teachings and beliefs of the denomination.
101.05(4)(c)
(c) The teachings and beliefs of the bona fide religious denomination that operates the school prohibit the use of certain products, devices or designs that are necessary to comply with a standard, rule, order, code or regulation adopted, promulgated, enforced or administered by the department under this chapter.
101.055
101.055
Public employe safety and health. 101.055(2)
(2) Definitions. In this section, unless the context requires otherwise:
101.055(2)(a)
(a) "Agency" means an office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, and includes the legislature and the courts.
101.055(2)(b)
(b) "Public employe" or "employe" means any employe of the state, of any agency or of any political subdivision of the state.
101.055(2)(c)
(c) "Public employe representative" or "employe representative" means an authorized collective bargaining agent, an employe who is a member of a workplace safety committee or any person chosen by one or more public employes to represent those employes.
101.055(2)(d)
(d) "Public employer" or "employer" means the state, any agency or any political subdivision of the state.
101.055(3)(a)(a) The department shall adopt, by administrative rule, standards to protect the safety and health of public employes. The standards shall provide protection at least equal to that provided to private sector employes under standards promulgated by the federal occupational safety and health administration, but no rule may be adopted by the department which defines a substance as a "toxic substance" solely because it is listed in the latest printed edition of the national institute for occupational safety and health registry of toxic effects of chemical substances. The department shall revise the safety and health standards adopted for public employes as necessary to provide protection at least equal to that provided to private sector employes under federal occupational safety and health administration standards, except as otherwise provided in this paragraph. Notwithstanding
ss. 35.93 and
227.21, if the standards adopted by the department are identical to regulations adopted by a federal agency, the standards need not be duplicated as provided in
ss. 35.93 and
227.21 if the identical federal regulations are made available to the public at a reasonable cost, promulgated in accordance with
ch. 227, except
s. 227.21, and distributed in accordance with
s. 35.84.
101.055(3)(b)
(b) Standards adopted by the department shall contain appropriate provisions for informing employes about hazards in the workplace, precautions to be taken and emergency treatment practices to be used in the event of an accident or overexposure to a toxic substance. Standards shall include provisions for providing information to employes through posting, labeling or other suitable means. Where appropriate, standards adopted by the department shall contain provisions for the use of protective equipment and technological procedures to control hazards.
