101.11 Annotation
The length of time a safe-place defect must exist, in order to impose constructive notice of it on an owner, varies according to the nature of the business, the nature of the defect, and the public policy involved. May v. Skelley Oil Co. 83 W (2d) 30, 264 NW (2d) 574 (1978).
101.11 Annotation
See note to 895.045, citing Brons v. Bischoff, 89 W (2d) 80, 277 NW (2d) 854 (1979).
101.11 Annotation
Indemnity in safe-place action creates effect identical to that of contribution. Barrons v. J. H. Findorff & Sons, Inc. 89 W (2d) 444, 278 NW (2d) 827 (1979).
101.11 Annotation
Non-negligent indemnitor was liable to indemnitee whose breach of safe-place duty was solely responsible for damages, under circumstances of case. Dykstra v. Arthur G. McKee & Co. 92 W (2d) 17, 284 NW (2d) 692 (Ct. App. 1979); (aff'd) 100 W (2d) 120, 301 NW (2d) 201 (1981).
101.11 Annotation
Architect's liability discussed. Hortman v. Becker Const. Co., Inc. 92 W (2d) 210, 284 NW (2d) 621 (1979).
101.11 Annotation
Safe employment and safe place of employment distinguished. Leitner v. Milwaukee County, 94 W (2d) 186, 287 NW (2d) 803 (1980).
101.11 Annotation
Evidence of prior accident was admissible to prove notice of unsafe condition. Callan v. Peters Construction Co. 94 W (2d) 225, 288 NW (2d) 146 (Ct. App. 1979).
101.11 Annotation
That lease allocates safe place duties between owner and employer/tenant does not nullify mutually shared statutory duties. Hannebaum v. Dirienzo & Bomier, 162 W (2d) 488, 469 NW (2d) 900 (Ct. App. 1991).
101.11 Annotation
Safe place duty to keep swimming pool in a condition to protect customers from injury is overcome when person unreasonably dives into pool of unknown depth. Wisnicky v. Fox Hills Inn, 163 W (2d) 1023, 473 NW (2d) 523 (Ct. App. 1991).
101.11 Annotation
A county house of correction is subject to the safe place statute. Henderson v. Milwaukee County, 198 W (2d) 748, 543 NW (2d) 544 (Ct. App. 1995).
101.11 Annotation
An alarm system does not relate to the structure of a building and therefore does not relate to a safe place of employment. It is a safety device which is the responsibility of the employer and not the building owner. Naaj v. Aetna Insurance Co. 218 W (2d) 121, 579 NW (2d) 875 (Ct. App. 1998).
101.11 Annotation
Safe-place statute not extended to vehicles. Hopkins v. Ros Stores, Inc. 750 F Supp. 379 (1990).
101.111
101.111
Excavations; protection of adjoining property and buildings. 101.111(1)(1)
Definition. In this section "excavator" means any owner of an interest in land making or causing to be made an excavation.
101.111(2)
(2) Cave-in prevention. Any excavator shall protect the excavation site in such a manner so as to prevent the soil of adjoining property from caving in or settling.
101.111(3)
(3) Liability for underpinning and foundation extensions. 101.111(3)(a)(a) If the excavation is made to a depth of 12 feet or less below grade, the excavator may not be held liable for the expense of any necessary underpinning or extension of the foundations of buildings on adjoining properties.
101.111(3)(b)
(b) If the excavation is made to a depth in excess of 12 feet below grade, the excavator shall be liable for the expense of any necessary underpinning or extension of the foundations of any adjoining buildings below the depth of 12 feet below grade. The owners of adjoining buildings shall be liable for the expense of any necessary underpinning or extension of the foundations of their buildings to the depth of 12 feet below grade.
101.111(4)
(4) Notice. Unless waived by adjoining owners, at least 30 days prior to commencing the excavation the excavator shall notify, in writing, all owners of adjoining buildings of his or her intention to excavate. The notice shall state that adjoining buildings may require permanent protection. The owners of adjoining property shall have access to the excavation site for the purpose of protecting their buildings.
101.111(5)
(5) Employes not liable. No worker who is an employe of an excavator may be held liable for his or her employer's failure to comply with this section.
101.111(6)
(6) Failure to comply; injunction. If any excavator fails to comply with this section, any aggrieved person may commence an action to obtain an order under
ch. 813 directing such excavator to comply with this section and restraining the excavator from further violation thereof. If the aggrieved person prevails in the action, he or she shall be reimbursed for all his or her costs and disbursements together with such actual attorney fees as may be approved by the court.
101.111(7)(a)(a) Subject to
par. (b), this section applies to any excavation made after January 1, 1978.
101.111(7)(b)
(b) This section does not apply to any excavation made under a contract awarded on or before January 1, 1978.
101.111 History
History: 1977 c. 88.
101.12
101.12
Approval and inspection of public buildings and places of employment and components. 101.12(1)
(1) Except for plans that are reviewed by the department of health and family services under
ss. 50.02 (2) (b) and
50.36 (2), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components:
101.12(1)(a)
(a) Heating, ventilation, air conditioning and fire detection, prevention or suppression systems.
101.12(1)(c)
(c) Elevators, escalators, ski lift and towing devices and power dumbwaiters.
101.12(2)
(2) Plans of said buildings, structures and components shall be examined for compliance with the rules of the department and a statement of the examination returned to the designer and owner before construction is started. Nothing in this section shall relieve the designer of the responsibility for designing a safe building, structure or component.
101.12(3)(a)
(a) Accept the examination of essential drawings, calculations and specifications in accordance with
sub. (1) performed by cities of the 1st class provided the same are examined in a manner approved by the department.
101.12(3)(am)1.1. Accept the examination of essential drawings, calculations and specifications in accordance with
sub. (1) performed by a 2nd class city in conformity with the requirements of this paragraph.
101.12(3)(am)2.
2. The department shall promulgate rules for the administration of a program to certify 2nd class cities to perform the examination of essential drawings, calculations and specifications in accordance with
sub. (1).
101.12(3)(am)3.
3. A 2nd class city may apply for certification by the department for the purposes of this paragraph if that city employs at least one architect or one professional engineer who has been granted a certificate of registration under
s. 443.10. The department shall certify a 2nd class city when the department determines and certifies the competency of all examiners employed by the city. The department shall review the competency of the examiners of a city that is certified under this paragraph on a regular basis and may revoke the certification of a city if the examiners do not meet standards specified by the department.
101.12(3)(am)4.
4. Owners within the 2nd class city may obtain examinations from the city or the department.
101.12(3)(am)5.
5. The department shall by rule set fees, to be collected by the 2nd class city and remitted to the department, to meet the department's costs in enforcing and administering its duties under this paragraph.
101.12(3)(b)
(b) Accept the examination of essential drawings, calculations and specifications in accordance with
sub. (1) for buildings containing less than 50,000 cubic feet of volume and alterations to buildings containing less than 100,000 cubic feet of volume performed by cities, villages, towns or counties, provided the same are examined in a manner approved by the department. The department shall determine and certify the competency of all such examiners.
101.12(3)(bm)
(bm) Accept the review and determination performed by 1st class cities on variances for buildings if the variances are reviewed and decided on in a manner approved by the department.
101.12(3)(br)
(br) Accept the review and determination on variances for buildings containing less than 50,000 cubic feet of volume and alterations to buildings containing less than 100,000 cubic feet of volume performed by certified municipalities if the department has certified the competency of a municipality to issue variances and if the variances are reviewed in a manner approved by the department. Owners may submit variances to the municipality or the department.
101.12(3)(c)
(c) Determine and certify the competency of inspectors of boilers, unfired pressure vessels, refrigeration plants, elevators, escalators and power dumbwaiters.
101.12(3)(d)
(d) Accept inspections at no cost performed by inspectors for whom evidence of competency has been furnished to the department.
101.12(3)(e)
(e) Approve inspection service maintained or employed by owners or operators of boilers and unfired pressure vessels.
101.12(3)(f)
(f) Accept inspections at no cost performed by approved owner or operator inspection service and provide shop inspection service when deemed necessary.
101.12(3)(g)
(g) Accept inspection at no cost when performed by qualified and authorized inspectors for a city, village, town or county for the inspection of buildings and equipment located within the city, village, town or county. The department shall determine and certify the competency of all such inspectors.
101.12(3)(h)
(h) Require all local officers not authorized by the department to grant approvals as provided in
pars. (a) and
(b) to deny permits or licenses for construction or use of public buildings, public structures and places of employment until the required drawings and calculations have been examined by the department.
101.12(5)(a)1.
1. "Plans" means construction plans, designs, specifications and related materials filed with the department, city, village, town or county concerning a structure.
101.12(5)(a)2.
2. "Secure structure" means a building or other structure of a type which the department, city, village, town or county determines to have extraordinary security requirements, including but not limited to structures used:
101.12(5)(a)2.a.
a. For the safekeeping of large sums of money, negotiable instruments, securities or other valuables;
101.12(5)(a)2.b.
b. As a jail, correctional facility or other secure facility for persons in detention;
101.12(5)(a)2.c.
c. For the safekeeping or evaluation of evidence in criminal proceedings or investigations;
101.12(5)(a)2.e.
e. In the generation, transmission or distribution of electric power, fuels or communications.
101.12(5)(b)
(b) A person requesting to inspect or copy plans shall submit a written application identifying the structure or proposed structure whose plans are sought to be inspected or copied, providing the full name and address of the requester and stating that any information obtained from the inspection or copying will not be used for any unlawful or unfair competitive purpose and that the information set forth in the application is true and correct. The department, city, village, town or county shall promptly transmit a copy of the application to the owner of the structure or proposed structure and the submitter of the plans being inspected or copied.
101.12(5)(c)
(c) If an application submitted under
par. (b) requests inspection or copying of plans for a secure structure or proposed secure structure that is or is anticipated to be owned by or leased to the state, the plans are not subject to the right of inspection or copying except as the department of administration otherwise provides by rule. If an application submitted under
par. (b) requests inspection or copying of plans for any other secure structure or proposed secure structure, the department, city, village, town or county shall consider the information supplied in the application and weigh the possible harm to the public interest which may result from permitting inspection and copying of the plans against the benefits of allowing such inspection or copying. If the department, city, village, town or county determines that the possible harm to the public interest outweighs the benefit to the requester and to the public interest of allowing such inspection or copying, it may deny the application or grant it upon such conditions as it determines are necessary to protect the public interest. This paragraph does not apply to an application submitted by a law enforcement agency or person authorized to have access to the plans by lawful subpoena.
101.12(5)(d)
(d) The department, city, village, town or county may charge a reasonable amount to defray its costs in providing copies of the plans.
101.12(6)(a)(a) By January 1, 1990, the department shall inspect all public schools constructed prior to January 1, 1950, to determine whether the schools comply with this subchapter and
subch. IV, ch.
145 and life-safety plans established under
par. (b) and to review the maintenance schedules established by school boards under
s. 120.12 (5).
101.12(6)(b)
(b) The department shall promulgate rules relating to the enforcement of this subchapter and
subch. IV and ch.
145 for public schools constructed before 1930 and establishing life-safety plans for all public schools.
101.12 Annotation
The state statutes and building code have not preempted the field as to school buildings; local building codes apply to the extent that they are not inconsistent. Hartford Union High School v. Hartford, 51 W (2d) 591, 187 NW (2d) 849.
101.12 Annotation
See note to 19.21, citing 67 Atty. Gen. 214.
101.1205
101.1205
Erosion control; construction of public buildings and buildings that are places of employment. 101.1205(1)(1) The department, in consultation with the department of natural resources, shall establish statewide standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment.
101.1205(2)
(2) The department shall require the submission of plans for erosion control at construction sites described in
sub. (1) to the department or to a county, city, village or town to which the department has delegated authority under
sub. (4) and shall require approval of those plans by the department or the county, city, village or town.
101.1205(3)
(3) The department shall require inspection of erosion control activities and structures at construction sites described in
sub. (1) by the department or a county, city, village or town to which the department has delegated authority under
sub. (4).
101.1205(4)
(4) The department may delegate authority under this section to a county, city, village or town.
101.1205(5)
(5) Except as provided in
sub. (5m), the authority of a county, city, village or town with respect to erosion control at sites described in
sub. (1) is limited to that authority delegated under
sub. (4) and any other authority provided in rules promulgated under this section.
101.1205(5m)
(5m) Notwithstanding
subs. (1) and
(5), a county, city, village or town that has in effect on January 1, 1994, an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under
sub. (1).
101.1205(6)
(6) The department, or a county, city, village or town to which the department delegates the authority to act under this subsection, may issue a special order directing the immediate cessation of work on a construction site described in
sub. (1) until any required plan approval is obtained or until the site complies with standards established by rules promulgated under this section.
101.1205(7)
(7) The department shall promulgate rules for the administration of this section.
101.1205 History
History: 1993 a. 16.
101.121
101.121
State historic building code. 101.121(1)
(1)
Purpose. It is the purpose of this section to provide alternative standards, when necessary, for the preservation or restoration of buildings or structures designated as historic buildings. The development and application of these alternative standards is a matter of statewide concern. These alternative standards are intended to facilitate the restoration of historic buildings so as to preserve their original or restored architectural elements and features, to encourage energy conservation, to permit a cost-effective approach to preservation and restoration and to provide for the health, safety and welfare of occupants and visitors in historic buildings.
101.121(2)(a)
(a) "Certified local register of historic property" means a register of historic property which is part of a historic preservation ordinance promulgated by a city, village, town or county if the ordinance is certified by the state historical society under
s. 44.44.
101.121(2)(am)
(am) "Historic building" means any building or structure that is significant in the history, architecture or culture of this state, its rural or urban communities or the nation.
101.121(2)(b)
(b) "National register of historic places in Wisconsin" means the places in Wisconsin that are listed on the national register of historic places maintained by the U.S. department of the interior.
101.121(2)(c)
(c) "Qualified historic building" means a historic building which:
101.121(2)(c)1.
1. Is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places;
101.121(2)(c)2.
2. Is included in a district which is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places, and has been determined by the state historical society to contribute to the historic significance of the district;
101.121(2)(c)2m.
2m. Is determined by the state historical society to be eligible for listing on the national register of historic places in Wisconsin or the state register of historic places;
101.121(2)(c)3.
3. Is listed on a certified local register of historic property; or
