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.
101.13(8)
(8) Every passenger elevator installed in a place of employment or public building after October 1, 1978 shall be equipped with raised letters and numerals on the operating panel and the external door frame on each floor, and the letters and numerals shall be designed and placed to maximize the ability of persons with functional limitations to use the passenger elevator without assistance.
101.13(9)
(9) 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.
101.13 Annotation
While neither the U.S. nor Wisconsin Constitutions compels states to require that public buildings and seats of government be constructed and maintained as to be accessible to the physically handicapped, the legislature has an affirmative duty to address this problem and assure equal access to all constituted classes of citizens, including the physically handicapped. 63 Atty. Gen. 87.
101.135
101.135
Uniform firewall identification. 101.135(1)
(1) The department shall promulgate rules that specify uniform dimensions, design and other characteristics for signs used to identify firewalls. The rules may not specify firewall signs that are more expensive than necessary to accomplish their purpose.
101.135(2)
(2) Whenever a city, village or town provides by ordinance for the identification of firewalls, the provisions of the ordinance shall conform to the rules promulgated under
sub. (1).
101.135 History
History: 1991 a. 269.
101.137
101.137
Fire suppression; ozone-depleting substances. 101.137(2)
(2) Servicing portable fire extinguishers. Beginning on August 1, 1994, no person may perform portable fire extinguisher servicing that releases or may release a class I substance unless the person uses equipment approved by the department or an independent testing organization approved by the department to capture the class I substance for recycling or reclaiming.
101.137(3)
(3) Fire fighting training. Beginning on August 1, 1994, no person may conduct fire fighting training using a portable fire extinguisher that contains a class I substance.
101.137(4)
(4) Testing fire suppression systems. Beginning on August 1, 1994, no person may test a fire suppression system that contains a class I substance by releasing the class I substance into the air from the system. This subsection does not apply to the testing of a fire suppression system on a ship that was constructed or is being constructed for an agency of the federal government.
101.137(4m)
(4m) Servicing fire suppression systems. Beginning on August 1, 1994, no person may perform servicing on a fire suppression system that releases or may release a class I substance unless the person uses equipment approved by the department or an independent testing organization approved by the department to capture the class I substance for recycling or reclaiming.
101.137(5)
(5) Penalty. Any person who violates this section shall be required to forfeit not less than $250 nor more than $1,000. Each act of servicing in violation of
sub. (2) constitutes a separate offense.
101.137 History
History: 1993 a. 243.
101.14
101.14
Fire inspections, prevention, detection and suppression. 101.14(1)(a)(a) The department may make reasonable orders for the repair or removal of any building or other structure which for want of repair or by reason of age or dilapidated condition or for any other cause is especially liable to fire, and which is so situated as to endanger other buildings or property and for the repair or removal of any combustible or explosive material or inflammable conditions, dangerous to the safety of any building or premises or the occupants thereof or endangering or hindering fire fighters in case of fire.
101.14(1)(b)
(b) The secretary and any deputy may at all reasonable hours enter into and upon all buildings, premises and public thoroughfares excepting only the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to the fire hazard or to the prevention of fire.
101.14(1)(bm)
(bm) The secretary and any deputy may, at all reasonable hours, enter the interior of private dwellings at the request of the owner or renter for the purpose of
s. 101.145 (6) or
101.645 (4).
101.14(1)(c)
(c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the department of education.
Effective date note
NOTE: Par. (c) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the state superintendent of public instruction.
101.14(1)(d)
(d) The department may prepare and provide suitable forms for distribution to the school systems in the state, for the purpose of providing uniform reports on fire drills conducted during the year in accordance with
s. 118.07 (2).
101.14(2)(a)(a) The chief of the fire department in every city, village or town, except cities of the 1st class, is constituted a deputy of the department, subject to the right of the department to relieve any such chief from duties as such deputy for cause, and upon such suspension to appoint some other person to perform the duty imposed upon such deputy. The department may appoint either the chief of the fire department or the building inspector as its deputy in cities of the 1st class.
101.14(2)(b)
(b) The chief of every fire department shall provide for the inspection of every public building and place of employment to determine and cause to be eliminated any fire hazard or any violation of any law relating to fire hazards or to the prevention of fires.
101.14(2)(c)1.1. Except as provided under
subd. 2., the chief of every fire department shall provide that the inspections required under
par. (b) be made at least once in each nonoverlapping 6-month period per calendar year in all of the territory served by his or her fire department. The chief of a fire department may require more frequent inspections than required under this subdivision. The department by rule shall provide for general exceptions, based on the type of occupancy or use of the premises, where less frequent inspections are required. Upon written request by the chief of a fire department, the department by special order may grant an exception to a city, village or town to conduct less frequent inspections than required under this subdivision.
101.14(2)(c)2.
2. In 1st class cities, the fire chief may establish the schedule of fire inspections in that city. The fire chief shall base the frequency of the inspections on hazardous classification, the proportion of public area, the record of fire code violations, the ratio of occupancy to size and any other factor the chief deems significant. Property other than residential property with 4 dwelling units or less shall be inspected at least once annually.
101.14(2)(cm)
(cm) In addition to the requirements of
pars. (b) and
(c), a fire department shall provide public fire education services, in consultation with the department and the fire prevention council.
101.14(2)(d)
(d) The chief of every fire department, or, in 1st class cities, the building inspector appointed by the department under
par. (a), shall designate a sufficient number of inspectors to make the inspections required under
pars. (b) and
(c).
101.14(2)(e)
(e) Written reports of inspection shall be made and kept on file by the authority having jurisdiction to conduct inspections, or its designee, in the manner and form required by the department.
101.14(2)(f)
(f) Every inspection required under
pars. (b) and
(c) is subject to the supervision and direction of the department, which shall, after audit, certify to the commissioner of insurance after the expiration of each calendar year each city, village or town where the inspections for the year have been made, and where records have been made and kept on file as required under
par. (e).
101.14(3)
(3) The department shall annually conduct training sessions and provide manuals and other materials and services to assist deputies and inspectors in the fulfillment of their duties under
sub. (2).
101.14(4)(a)(a) The department shall make rules, pursuant to
ch. 227, requiring owners of places of employment and public buildings to install such fire detection, prevention or suppression devices as will protect the health, welfare and safety of all employers, employes and frequenters of places of employment and public buildings.
101.14(4)(b)1.1. Except as provided in
subd. 2., the rules of the department shall require all such places and buildings over 60 feet in height, the construction of which is begun after July 3, 1974, to contain an automatic fire sprinkler system on each floor.
101.14(4)(b)2.a.a. Subdivision 1. does not apply to any open parking structure, as defined by the department.
101.14(4)(b)2.b.
b. If the department determines that water would cause irreparable damage and undue economic loss if discharged in such places or buildings, it shall require a suppression device which has a substance other than water.
101.14(4)(b)2.c.
c. Subdivision 1. does not apply to any building over 60 feet in height the construction of which is completed or is begun prior to July 3, 1974.
101.14(4)(c)1.1. The rules of the department governing such places and buildings under 60 feet in height shall be based upon but may vary from those provisions in the building officials and code administrators international, inc., building code which relate to fire detection, prevention and suppression in public buildings and places of employment.
101.14(4)(c)2.a.
a. Consults with the chief of the fire department having authority over the place of employment or public building.
101.14(4)(c)2.b.
b. Determines that the variance provides protection, substantially equivalent to that of the rules mandated by
chapter 320, laws of 1981, of the health, safety and welfare of employers, employes and frequenters of the place of employment or public building.
101.14(4)(d)
(d) To the extent that the historic building code applies to the subject matter of this subsection, each qualified historic building, as defined under
s. 101.121 (2) (c), is exempt from this subsection if the owner elects to be subject to
s. 101.121.
101.14(4)(dm)
(dm) Each building required by rule under this subsection to contain fire detection, prevention and suppression devices shall have the necessary devices installed at the time of its construction.
101.14(4)(e)
(e) Whoever violates this subsection may be fined not less than $100 but not more than $500 for each day of violation.
101.14(4)(f)
(f) The department may inspect all buildings covered by this subsection and may issue such orders as may be necessary to assure compliance with it.
101.14(4)(g)2.
2. "Fire detection, prevention and suppression devices" include but are not limited to manual fire alarm systems, smoke and heat detection devices, fire extinguishers, standpipes, automatic fire suppression systems and automatic fire sprinkler systems.
