101.125(3)(b)
(b) The department may by rule exempt from the requirements of this section and, if it deems necessary, prescribe other less stringent protective requirements for:
101.125(3)(b)1.
1. Any lite which is 8 inches or less in the least dimension, or no more than 4 inches in either dimension, and which is used in an application which the department finds is not hazardous.
101.125(3)(b)2.
2. Leaded stained glass which is used in an application which the department finds is not hazardous.
101.125(3)(c)
(c) Any mirror, framed glazed picture or similar decorative object which is attached to a door or wall in a hazardous location and which does not in whole or in part conceal any opening in such door or wall is exempt from the requirements of this section.
101.125(4)
(4) Liability of employers and sellers. 101.125(4)(a)(a) No employe of a person responsible for compliance with this section is liable for the employer's failure to comply.
101.125(4)(b)
(b) No seller of glazing materials is subject to the penalty under
sub. (5) or is liable for injuries occurring to any person if the seller has exercised reasonable care to see that the glazing materials sold by him or her are properly used.
101.125(4m)
(4m) Exception. 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, as defined under
s. 101.121 (2) (c), if the owner elects to be subject to
s. 101.121.
101.125(5)
(5) Penalty. Whoever violates this section may be required to forfeit not less than $100 nor more than $500.
101.126(1)(1) The department shall establish, by rule, requirements for a person engaging in any of the following to provide adequate space in or adjacent to the building for the separation, temporary storage and collection of the materials listed in
s. 287.07 (3) or
(4), likely to be generated by the occupants of the building:
101.126(1)(b)
(b) An increase in the size of a public building by 50% or more.
101.126(1)(c)
(c) An alteration of 50% or more of the existing area of a public building that is 10,000 square feet or more in area.
101.126(1m)
(1m) In developing the requirements under
sub. (1), the department shall consult with the council on recycling.
101.126 History
History: 1989 a. 335,
359;
1995 a. 227.
101.127
101.127
Building requirements for certain residential facilities. The department, after consultation with the department of health and family services, shall develop a building code for previously constructed buildings converted to use as community-based residential facilities as defined in
s. 50.01 (1g) which serve between 9 and 20 unrelated residents. In setting standards, the department shall consider the criteria enumerated in
ss. 46.03 (25) and
50.02 (3) (b), and in addition shall consider the relationship of the development and enforcement of the code to any relevant codes of the department of health and family services. The objectives of the code shall be to guarantee health and safety and to maintain insofar as possible a homelike environment. The department shall consult with the residential facilities council in developing the code. Notwithstanding
s. 101.121, a historic building as defined in
s. 101.121 (2) (am) which is converted to use as a community-based residential facility serving between 9 and 20 unrelated residents is governed only by the building code promulgated under this section.
101.127 History
History: 1975 c. 413;
1975 c. 422 s.
163; Stats. 1975 s. 101.125; s. 13.93 (1) (b); Stats. 1975 s. 101.127;
1981 c. 341;
1987 a. 161 s.
13m;
1995 a. 27 s.
9126 (19).
101.128(1)(a)
(a) "Amusement facility" means any zoo, state or local park, amusement or theme park, state fair park, county or other local fairgrounds, or any similar facility, as determined by department rule.
101.128(1)(b)
(b) "Facility where the public congregates" means any of the following that has a general capacity or a seating capacity of 500 or more persons:
101.128(1)(b)6.
6. An airport, bus terminal, train station or other transportation center.
101.128(1)(d)
(d) "Renovation" means any structural remodeling, improvement or alteration of an existing facility where the public congregates. "Renovation" does not include any of the following:
101.128(1)(d)2.
2. Cosmetic remodeling, including painting or the installation of wall covering, of paneling, of floor covering or of suspended ceilings.
101.128(1)(f)
(f) "School" means a public or private elementary or secondary school.
101.128(1)(g)
(g) "Specialty event center" means an open arena used for rallies, concerts, exhibits or other assemblies, with no permanent structure for such assembly.
101.128(2)(a)(a)
Equal speed of access required. The owner of a facility where the public congregates shall equip and maintain the restrooms in the facility where the public congregates with a sufficient number of permanent or temporary toilets to ensure that women have a speed of access to toilets in the facility where the public congregates that equals the speed of access that men have to toilets and urinals in that facility where the public congregates when the facility where the public congregates is used to its maximum capacity.
101.128(2)(b)
(b)
Standards. The department shall promulgate rules that establish standards that the owner of a facility where the public congregates shall meet to achieve the equal speed of access required under
par. (a).
101.128(3)(a)(a)
Exemptions established. This section does not apply to any of the following:
101.128(3)(b)
(b)
Mixed-use facilities. If a facility where the public congregates contains a hotel, restaurant or school, the requirements of this section shall apply only to the portion of the facility where the public congregates that is not part of the hotel, restaurant or school.
101.128(4)(a)(a)
Six months after rules promulgated. This section applies to any facility where the public congregates at which the following events begin on or after the first day of the 7th month beginning after the department promulgates rules under this section:
101.128(4)(a)1.
1. If the facility is a new structural facility, initial construction of any structure.
101.128(4)(a)2.
2. If the facility is a new facility that will contain no permanent structure to serve the public, other than structures to house restrooms or other minor structures, the establishment of the facility.
101.128(4)(a)3.
3. If the facility is an existing structural facility, renovations that affect more than 50% of the facility's square footage.
101.128(4)(a)4.
4. If the facility is an existing structural facility, the initial construction of any structural addition to the facility that has a square footage equal to or larger than 51% of the existing facility's square footage.
101.128(4)(a)5.
5. If the facility is an existing facility with no permanent structure to serve the public, other than structures to house restrooms or other minor structures, the addition of land to the facility that has an acreage equal to or larger than 51% of the existing facility's acreage.
101.128(4)(b)
(b)
Renovations or additions. In any existing facility where the public congregates to which this section applies under
par. (a) 3. to
5., the requirements of this section apply only to the renovated portion of the facility or to the structural or land addition of the facility.
101.128 History
History: 1991 a. 110;
1993 a. 27.
101.13
101.13
Physically disabled persons; building requirements. 101.13(1)(1) In this section, "access" means the physical characteristics of a place which allow persons with functional limitations caused by impairments of sight, hearing, coordination or perception or persons with semiambulatory or nonambulatory disabilities to enter, circulate within and leave a place of employment or public building and to use the public toilet facilities and passenger elevators in the place of employment or public building without assistance.
101.13(1m)(a)(a) Except as provided in
par. (b), the department shall by rule provide minimum requirements to facilitate the use of public buildings and places of employment by physically disabled persons where traffic might reasonably be expected by such persons.
101.13(1m)(b)
(b) The department may not promulgate a rule requiring that a unisex toilet room be provided in any public building or place of employment.
101.13(2)(a)(a) Any place of employment or public building, the initial construction of which is commenced after July 1, 1970, but prior to May 27, 1976, shall be so designed and constructed as to provide reasonable means of ingress and egress by the physically disabled with the exception of:
101.13(2)(a)1.
1. Apartment houses with less than 20 units, row houses and rooming houses;
101.13(2)(a)7.
7. State buildings specifically built for field service purposes such as but not limited to conservation fire towers, fish hatcheries, tree nursery buildings; and
101.13(2)(a)8.
8. University residence halls at universities which have at least 3 residence halls for men and 3 residence halls for women so constructed as to allow physically disabled persons reasonable means of ingress and egress to such buildings.
101.13(2)(b)
(b) The requirements of
par. (a) may be accomplished by at least one ground or street level entrance and exit without steps, by ramps with slopes not more than one foot of rise in 12 feet, coated with a nonskid surface, or by elevator or such other arrangement as may be reasonably appropriate under the circumstances and which meets with the approval of the department or in lieu thereof with the approval of the municipality wherein the building is located. The doors of such entrance and exit must have a clear opening of at least 40 inches in width and shall otherwise conform to the department building code.
101.13(2)(c)
(c) If any ground or street level entrance or exit is not so designed or constructed a sign shall be placed at such entrance or exit indicating the location of the entrance or exit available for wheelchair service.
101.13(2)(d)
(d) Any place of employment or public building, unless exempted by rule of the department, the initial construction of which is commenced on or after May 27, 1976, shall be designed and constructed so as to provide reasonable means of access. Buildings, as defined in s.
703.02 (5), 1975 stats., of 2 stories or less in height shall be exempt from requirements relating to parking space, ramps and grade-level entrances.
101.13(2)(e)
(e) The department shall by rule provide minimum regulations to ensure the access to and use of buildings prescribed in
pars. (a) to
(d).
101.13(2)(f)1.1. Except as provided in
subd. 2., no governmental unit may issue any authorization to occupy any place of employment or public building prescribed in
pars. (a) to
(d) unless the owner thereof files with that governmental unit a true certification of compliance with the rules under
par. (e) applicable to that place of employment or public building relating to the reservation and marking of parking spaces for use by a motor vehicle used by a physically disabled person.
101.13(2)(f)2.
2. An authorization to occupy a place of employment or public building prescribed in
pars. (a) to
(d) may be issued prior to the completion of parking facilities for that place of employment or public building if the owner files a true certification that upon completion of any parking facility for that place of employment or public building that parking facility shall comply with the rules under
par. (e) applicable to that place of employment or public building as specified in
subd. 1.
101.13(3)
(3) Any place of employment or public building subject to
sub. (2) shall be so designed and constructed to allow physically disabled persons reasonable means of access from a parking lot, if any, ancillary to such buildings.
101.13(4)
(4) The owner of any building who fails to meet the requirements of this section may be required to reconstruct the same by mandatory injunction in a circuit court suit brought by any interested person. Such person shall be reimbursed, if successful, for all costs and disbursements plus such actual attorney fees as may be allowed by the court.
101.13(5)(a)(a) Every place of employment and public building, except those described in
sub. (2) (a) 1. to
8., the construction of which is begun after May 24, 1974 but prior to May 27, 1976, on each floor that is accessible to disabled persons, including persons in wheelchairs, which has public toilets shall have:
101.13(5)(a)1.
1. All public toilet rooms and at least one toilet compartment therein so designed and constructed that they will be suitable for entry and use by handicapped persons, including persons in wheelchairs;
101.13(5)(a)2.
2. The toilet compartment specified under
par. (a) so designed and constructed to allow sufficient space between the front entrance of the compartment and adjacent furniture, fixtures or walls to permit the compartment door to open at least 95° and to allow a person in a wheelchair ample room to readily maneuver himself or herself or the wheelchair into the compartment; and
101.13(5)(a)3.
3. At least one lavatory, sink, mirror and towel dispenser or hand drier in each public toilet room accessible to a disabled person, including a person in a wheelchair, if such item is provided.
101.13(5)(b)
(b) Within 90 days after May 24, 1974, the department shall adopt, by rule, specifications to effect the requirements of
par. (a). The department, in so adopting rules, shall consider the specifications established in the most current revision of "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", published by the American standards association of New York.
101.13(6)(g)(g) The owner of any public building who fails to comply with this subsection may be compelled to meet its requirements in a circuit court suit by any interested person. Such person shall be reimbursed, if successful, for all costs and disbursements plus such actual attorney fees as may be allowed by the court.
101.13(6)(h)
(h) Each toilet room accommodation provided for disabled persons as required under this section shall be identified on its entrance as a disabled accommodation, and directions to such accommodations shall appear at the building's primary entrance.
101.13(7)
(7) The international symbol of accessibility as adopted by the rehabilitation international in 1969 is established as the official state symbol designating buildings and facilities constructed and designed to be accessible. The symbol may be used only in buildings or other facilities, or parts thereof, which meet the standards for access established by rule of the department. If anyone uses or causes the use of the symbol in violation of department standards, the department shall order the discontinuance of such use until such standards are met. Whoever fails to comply with a department order under this subsection shall be fined $50.
