101.64
101.64
Departmental powers. The department may:
101.64(1)
(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 such hearings.
101.64(2)
(2) At the request of the owner or renter enter, inspect and examine dwellings, dwelling units or premises necessary to ascertain compliance with the rules and special orders under this subchapter.
101.64(3)
(3) Revise the rules under this subchapter after consultation with the dwelling code council or with the contractor financial responsibility council, as appropriate.
101.64(4)
(4) Provide for or engage in the testing, approval and certification of materials, devices and methods of construction.
101.64(5)
(5) Collect and publish data secured from the building permits.
101.64(6)
(6) Adopt rules prescribing procedures for approving new building materials, methods and equipment.
101.64(7)
(7) Enter into reciprocal agreements with other states regarding the approval of building materials and methods where the standards of the other state meet the intent of the dwelling code and the rules promulgated under this subchapter.
101.64(8)
(8) Study the operation of the dwelling construction code and other laws related to the construction of dwelling units to determine their impact upon the cost of building construction and their effectiveness upon the health, safety and welfare of the occupants.
101.64 History
History: 1975 c. 404;
1993 a. 126.
101.645(2)
(2) Approval and installation. A smoke detector required under this section shall be approved and installed as required under
s. 101.145 (2) and
(3) (a).
101.645(3)
(3) Requirement. The owner of a dwelling shall install a functional smoke detector in the basement of the dwelling and on each floor level except the attic or storage area of each dwelling unit. The occupant of such a dwelling unit shall maintain any smoke detector in that unit, except that if any occupant who is not the owner, or any state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that the smoke detector is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.
101.645(4)
(4) Inspection. The department or a municipal authority may inspect new dwellings, may inspect the common areas of dwellings and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section.
101.645 Annotation
This section is a safety statute the violation of which constitutes negligence per se. Johnson v. Blackburn,
220 Wis. 2d 260,
582 N.W.2d 488 (Ct. App. 1998).
101.65
101.65
Municipal authority. Except as provided by
s. 101.651, cities, villages, towns and counties:
101.65(1)(a)
(a) Exercise jurisdiction over the construction and inspection of new dwellings by passage of ordinances, provided such ordinances meet the requirements of the one- and 2-family dwelling code adopted in accordance with this subchapter. Except as provided by
s. 101.651, a county ordinance shall apply in any city, village or town which has not enacted such ordinance.
101.65(1)(c)
(c) By ordinance establish and collect fees to defray the cost of jurisdiction exercised under
par. (a) or
(b).
101.65(1)(d)
(d) By ordinance provide remedies and penalties for violation of the jurisdiction exercised under
par. (a) or
(b).
101.65(1m)
(1m) May not issue a building permit to a person who is required to be certified under
s. 101.654 unless that person, on applying for a building permit, produces a certificate of financial responsibility issued by the department showing that the person is in compliance with
s. 101.654.
101.65(1r)
(1r) Shall provide an owner who applies for a building permit with a statement advising the owner that if the owner hires a contractor to perform work under the building permit and the contractor is not bonded or insured as required under
s. 101.654 (2) (a), the following consequences might occur:
101.65(1r)(a)
(a) The owner may be held liable for any bodily injury to or death of others or for any damage to the property of others that arises out of the work performed under the building permit or that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.
101.65(1r)(b)
(b) The owner may not be able to collect from the contractor damages for any loss sustained by the owner because of a violation by the contractor of the one- and 2-family dwelling code or an ordinance enacted under
sub. (1) (a), because of any bodily injury to or death of others or damage to the property of others that arises out of the work performed under the building permit or because of any bodily injury to or death of others or damage to the property of others that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.
101.65(2)
(2) Shall contract with the department for those inspection services which the municipality does not perform or contract for under
sub. (1) (a) or
(b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services pursuant to
s. 101.63 (9).
101.65(3)
(3) Shall use the standard building permit form prescribed and furnished by the department and file a copy of each such permit issued with the department.
101.651
101.651
Certain municipalities exempted. 101.651(1)
(1)
Definition. In this section, "municipality" means a city, village or town with a population of 2,500 or less.
101.651(2m)
(2m) Exemption by resolution. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under
s. 101.65 (1) (a) or shall exercise the jurisdiction granted under
s. 101.65 (1) (a) jointly under
s. 101.65 (1) (b), unless any of the following conditions are met:
101.651(2m)(a)
(a) The municipality adopts a resolution requesting under
sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a).
101.651(2m)(b)
(b) The municipality adopts a resolution determining not to exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings under
s. 101.65 (1) (a), not to exercise jurisdiction jointly under
s. 101.65 (1) (b), not to request under
sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a) throughout the municipality and not to request under
sub. (3) (a) that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a).
101.651(2m)(c)
(c) Under
sub. (3) (b), the department enforces this subchapter or an ordinance enacted under
s. 101.65 (1) (a) throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a).
101.651(3)
(3) Departmental and county authority in municipalities; generally. 101.651(3)(a)(a) Except as provided in
par. (b) or
sub. (3m), the department or a county may not enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the department or a county authority with respect to any other dwelling. Costs shall be collected under
s. 101.65 (1) (c) or
ss. 101.63 (9) and
101.65 (2) from a person or municipality making a request under this subsection.
101.651(3)(b)
(b) The department shall provide inspection services and shall enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a) throughout any municipality that does not exercise jurisdiction under
sub. (2m) and that has not adopted a resolution under
sub. (2m) (a) or
(b).
101.651(3m)
(3m) Authority over erosion control in towns, unincorporated areas and certain exempted municipalities. 101.651(3m)(a)(a) The department may enforce
s. 101.653 in a municipality that adopts a resolution under
sub. (2m) (b). A county may enforce those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion in any city or village that adopts a resolution under
sub. (2m) (b). The department or the county shall collect a fee for the inspection services under this subsection.
101.651(3m)(b)
(b) A county shall enforce those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion in its unincorporated area. A town may not enforce those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion unless the department delegates enforcement authority to the town. If the town requests delegation of enforcement authority, the department shall delegate that authority if the town submits information to the department that demonstrates the town's capacity to comply with
s. 101.653 (5) (a).
101.651(4)
(4) Data relating to housing starts in municipalities. Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department.
101.651(5)
(5) Effect of section on certain laws. This section does not affect the applicability of rules or an ordinance adopted under this subchapter to builders, designers and owners of dwellings located in a municipality.
101.651(6)
(6) Energy conservation rules; continuing effect. Any dwelling not inspected under
s. 101.65 shall comply with the rules adopted under
s. 101.63 (1) which take into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.
101.653
101.653
Construction site erosion control. 101.653(1)
(1)
Definition. In this section, "best management practices" means practices, techniques or measures that the department determines to be effective means of preventing or reducing pollutants of surface water generated from construction sites.
101.653(2)
(2) Soil erosion prevention rules. The department shall promulgate rules that establish standards for practices to prevent soil erosion related to the construction of one- and 2-family dwellings, subject to all of the following requirements:
101.653(2)(a)
(a) At a minimum, the rules shall require the use of best management practices.
101.653(2)(b)
(b) The rules shall require the use of more restrictive or additional practices on an area with a slope that is greater than 12%.
101.653(2m)
(2m) Rules for administration. The department shall promulgate rules for the administration of construction site erosion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of permits and the collection and distribution of fees.
101.653(4)
(4) Applicability of local subdivision regulation. All powers granted to a county, city, village or town under
s. 236.45 may be exercised by it with respect to construction site erosion control regulation if the county, city, village or town has or provides a planning commission or agency.
101.653(5)
(5) Municipal responsibilities; department review. 101.653(5)(a)(a) Each city, village, town or county that enforces those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion shall do all of the following:
101.653(5)(a)1.
1. Obtain the services of an inspector certified to conduct all inspections related to the soil erosion control standards under this section.
101.653(5)(a)2.
2. Obtain the services of a plan reviewer certified to review all erosion control plans submitted under this section.
101.653(5)(a)3.
3. Review erosion control plans, conduct inspections of erosion control practices and enforce the requirements of this section as provided in
s. 101.65 (1) (d).
101.653(5)(a)4.
4. Complete the review of an erosion control plan no later than the 15th working day after the day that the erosion control plan is submitted.
101.653(5)(b)
(b) The department shall review the construction site erosion control program for one- and 2-family dwellings of each city, village, town or county that enforces those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion to ascertain compliance with
par. (a) and the rules promulgated under this section. This review shall include all of the following:
101.653(5)(b)1.
1. A performance audit of the erosion control program of the county, city, village or town.
101.653(5)(b)2.
2. A written determination by the department, issued every 3 years, of whether or not the county, city, village or town complies with
par. (a).
101.653(6m)
(6m) Review. The department and the department of natural resources shall enter into a memorandum of agreement that establishes a process for reviewing the standards established under
sub. (2), periodically updating those standards and reviewing the training program. The memorandum of understanding shall ensure that local officials and other persons interested in the standards established under
sub. (2) and the training program may participate in the process.
101.653(7)(a)(a) A county, city, village or town may submit orders to abate violations of those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion to the district attorney, the corporation counsel or the attorney general for enforcement. The district attorney, the corporation counsel or the attorney general may enforce those orders.
101.653(7)(b)
(b) The department or a city, village, town or county may issue a special order directing the immediate cessation of work on a one- or 2-family dwelling until the necessary plan approval is obtained or until the site complies with the rules promulgated under
sub. (2).
101.653 History
History: 1991 a. 309.
101.654
101.654
Contractor financial responsibility certification. 101.654(1)(a)(a) Subject to
par. (b), no person may obtain a building permit unless the person annually obtains from the department a certificate of financial responsibility showing that the person is in compliance with
sub. (2).
101.654(1)(b)
(b) Paragraph (a) does not apply to an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on that dwelling.
101.654(2)
(2) An applicant for a certificate of financial responsibility shall provide to the satisfaction of the department proof of all of the following:
101.654(2)(a)
(a) That the applicant has in force one of the following:
101.654(2)(a)1.
1. A bond endorsed by a surety company authorized to do business in this state of not less than $5,000, conditioned upon the applicant complying with all applicable provisions of the one- and 2-family dwelling code and any ordinance enacted under
s. 101.65 (1) (a).
101.654(2)(a)2.
2. A policy of general liability insurance issued by an insurer authorized to do business in this state insuring the applicant in the amount of at least $250,000 per occurrence because of bodily injury to or death of others or because of damage to the property of others.
101.654(2)(b)
(b) If the applicant is required under
s. 102.28 (2) (a) to have in force a policy of worker's compensation insurance or if the applicant is self-insured in accordance with
s. 102.28 (2) (b), that the applicant has in force a policy of worker's compensation insurance issued by an insurer authorized to do business in this state or is self-insured in accordance with
s. 102.28 (2) (b).
101.654(2)(c)
(c) If the applicant is required to make state unemployment insurance contributions under
ch. 108 or is required to pay federal unemployment compensation taxes under
26 USC 3301 to
3311, that the applicant is making those contributions or paying those taxes as required.
101.654(2m)
(2m) If an applicant wishes to use a bond under
sub. (2) (a) 1. of less than $25,000 to comply with
sub. (2) (a), the applicant shall agree not to perform any work on a dwelling for which the estimated cost of completion is greater than the amount of the bond. The department shall indicate any restriction under this subsection on the certificate of financial responsibility issued under
sub. (3).
101.654(3)
(3) Upon receipt of the proof required under
sub. (2) and the fee required by rules promulgated under
s. 101.63 (2m), the department shall issue to the applicant a certificate of financial responsibility. A certificate of financial responsibility issued under this subsection is valid for one year after the date of issuance, unless sooner suspended or revoked.
101.654(4)(a)(a) A bond or insurance policy required under
sub. (2) may not be canceled by the person insured under the bond or policy or by the surety company or insurer except on 30 days' prior written notice served on the department in person or by 1st class mail or, if the cancellation is for nonpayment of premiums to the insurer, on 10 days' prior written notice served on the department in person or by 1st class mail. The person insured under the bond or policy shall file with the department proof to the satisfaction of the department of a replacement bond or replacement insurance within the 30-day notice period or 10-day notice period, whichever is applicable, and before the expiration of the bond or policy. The department shall suspend without prior notice or hearing the certificate of financial responsibility of a person who does not file satisfactory proof of a replacement bond or replacement insurance as required by this subsection.
101.654(4)(b)
(b) A bond under
sub. (2) (a) 1. shall be executed in the name of the state for the benefit of any person who sustains a loss as a result of the person insured under the bond not complying with an applicable provision of the one- and 2-family dwelling code or any ordinance enacted under
s. 101.65 (1) (a), except that the aggregate liability of the surety to all persons may not exceed the amount of the bond.
101.66
101.66
Compliance and penalties. 101.66(1)
(1) Every builder, designer and owner shall use building materials, methods and equipment which are in conformance with the one- and 2-family dwelling code.
101.66(2)
(2) All inspections shall be by persons certified by the department.
101.66(3)
(3) Whoever violates this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day that such violation continues constitutes a separate offense.
101.66 History
History: 1975 c. 404.
