101.122 Cross-reference
Cross Reference: See also ch.
Comm 70, Wis. adm. code.
101.123
101.123
Smoking prohibited. 101.123(1)(a)
(a) "Educational facility" means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.
101.123(1)(am)
(am) "Hospital" has the meaning given in
s. 50.33 (2), except that "hospital" does not include a nursing home licensed under
s. 50.03 that is operated in connection with a hospital or a retirement home that is operated in connection with a hospital.
101.123(1)(ar)
(ar) "Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. "Immediate vicinity of the state capitol" does not include any location that is more than one fathom from the state capitol building.
101.123(1)(b)
(b) "Inpatient health care facility" means a county home established under
s. 49.70, a county infirmary established under
s. 49.72 or a community-based residential facility or a nursing home licensed under
s. 50.03.
101.123(1)(bg)
(bg) "Jail" means a county jail, rehabilitation facility established by
s. 59.53 (8), county house of correction under
s. 303.16 or secure detention facility as defined in
s. 48.02 (16).
101.123(1)(c)
(c) "Office" means any area, whether publicly or privately owned or occupied, that serves as a place of work at which the principal activities consist of professional, clerical or administrative services.
101.123(1)(d)
(d) "Person in charge" means the person who ultimately controls, governs or directs the activities aboard a public conveyance or within a place where smoking is regulated under this section, regardless of the person's status as owner or lessee.
101.123(1)(dg)
(dg) "Physician's office" means a place, other than a residence or a hospital, that is used primarily to provide medical care and treatment.
101.123(1)(dm)
(dm) "Prison" means a prison described in
s. 302.01, except it does not include the correctional institution under
s. 301.046 (1) if the institution is the prisoner's place of residence and does not include a Type 2 prison, as defined in
s. 301.01 (6).
101.123(1)(f)
(f) "Restaurant" means an establishment defined in
s. 254.61 (5) with a seating capacity of more than 50 persons.
101.123(1)(g)
(g) "Retail establishment" means any store or shop in which retail sales is the principal business conducted, except a tavern operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license, and except bowling centers.
101.123(1)(gm)
(gm) "Retirement home" means a residential facility where 3 or more unrelated adults or their spouses have their principal residence and where support services, including meals from a common kitchen, are available to residents.
101.123(1)(h)
(h) "Smoking" means carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
101.123(1)(i)
(i) "State institution" means a prison, a mental health institute as defined in
s. 51.01 (12) or a center for the developmentally disabled as defined in
s. 51.01 (3).
101.123(2)(a)(a) Except as provided in
sub. (3), no person may smoke in the following places:
101.123(2)(a)10.
10. Any enclosed, indoor area of a state, county, city, village or town building.
101.123(2)(am)1.1. Notwithstanding
par. (a) and
sub. (3) and except as provided in
subd. 2., no person may smoke in a motor bus, in a hospital or in a physician's office.
101.123(2)(am)2.
2. Notwithstanding
subd. 1., a person who is an adult patient of a hospital or unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism or drug abuse and who has the written permission of a physician may smoke in a room that is designated as a smoking area under
sub. (4) (a) 2.
101.123(2)(ar)
(ar) Notwithstanding
par. (a) and
sub. (3), no person may smoke in the state capitol building or in the immediate vicinity of the state capitol.
101.123(2)(bm)
(bm) Notwithstanding
par. (a) and
sub. (3), no person may smoke on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present.
101.123(2)(br)
(br) Notwithstanding
par. (a) and
sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 secured correctional facility or on the grounds of a Type 1 secured correctional facility.
101.123(2)(c)
(c) This section does not limit the authority of any county, city, village or town to enact ordinances or of any school district to adopt policies that, complying with the purpose of this section, protect the health and comfort of the public.
101.123(3)
(3) Exceptions. The regulation of smoking in
sub. (2) (a) does not apply to the following places:
101.123(3)(b)
(b) Rooms in which the main occupants are smokers, even if nonsmokers are periodically present in the office or room.
101.123(3)(c)
(c) Entire rooms or halls used for private functions, if the arrangements for the function are under the control of the sponsor of the function.
101.123(3)(d)
(d) Restaurants holding a "Class B" intoxicating liquor or Class "B" fermented malt beverage license if the sale of intoxicating liquors or fermented malt beverages or both accounts for more than 50% of the restaurant's receipts.
101.123(3)(f)
(f) Any area of a facility used principally to manufacture or assemble goods, products or merchandise for sale.
101.123(3)(gm)
(gm) The correctional institution under
s. 301.046 (1) if the institution is the prisoner's place of residence.
101.123(4)(a)1.1. Except as provided in
subd. 2., a person in charge or his or her agent may designate smoking areas in the places where smoking is regulated under
sub. (2) (a) unless a fire marshal, law, ordinance or resolution prohibits smoking.
101.123(4)(a)2.
2. A person in charge or his or her agent may not designate an entire building as a smoking area or designate any smoking areas in the state capitol building, in the immediate vicinity of the state capitol, in a Type 1 secured correctional facility, on the grounds of a Type 1 secured correctional facility, in a motor bus, hospital or physician's office or on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present, except that in a hospital or a unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism or drug abuse a person in charge or his or her agent may designate one or more enclosed rooms with outside ventilation as smoking areas for the use of adult patients who have the written permission of a physician. Subject to this subdivision and
sub. (3) (b), a person in charge or his or her agent may not designate an entire room as a smoking area.
101.123(4)(am)1.1. The secretary of health and family services or his or her designee may designate areas where smoking is permitted in a state institution other than a prison, unless a fire marshal, law or resolution prohibits smoking in the area. The secretary of corrections or his or her designee may designate areas where smoking is permitted in a prison, unless a fire marshal, law or resolution prohibits smoking in the area. Either secretary or his or her designee may designate an entire room as a smoking area in a state institution administered by the secretary's department.
101.123(4)(am)2.
2. A person in charge of a jail or lockup facility, or his or her agent, may designate areas where smoking is permitted in the jail or lockup facility, unless a fire marshal, law or resolution prohibits smoking in the area. The person in charge or his or her agent may designate an entire room in the jail or lockup facility as a smoking area.
101.123(4)(am)3.
3. Except in a prison, jail, or lockup facility, an entire building may not be designated as a smoking area.
101.123(4)(b)
(b) The person in charge or his or her agent shall post notice of the designation of a smoking area in or near the area designated. If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all entrances to the room normally used by the public. This paragraph does not apply to a place described in
par. (bm).
101.123(4)(bm)
(bm) The person in charge of a state institution, jail or lockup facility, or his or her agent, shall post notice of the designation of a smoking area under
par. (am) in or near the area designated. If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all normally used entrances to the room. If an entire building in a prison, jail, or lockup facility is designated a smoking area, the person in charge, or his or her agent, shall post notice of the designation on or near all normally used entrances to the building, but need not post notice of the designation on or near entrances to rooms within the building.
101.123(4)(c)
(c) The person in charge or his or her agent shall utilize, if possible, existing physical barriers and ventilation systems when designating smoking areas. This paragraph requires no new construction of physical barriers or ventilation systems in any building.
101.123(4)(d)
(d) This section requires the posting of signs only in areas where smoking is permitted.
101.123(5)
(5) Responsibilities. The person in charge or his or her agent shall:
101.123(5)(a)
(a) Post signs identifying designated smoking areas; and
101.123(5)(b)
(b) Arrange seating to accommodate nonsmokers if smoking areas are adjacent to nonsmoking areas.
101.123(6)
(6) Uniform signs. The department shall, by rule, specify uniform dimensions and other characteristics of signs used to designate smoking areas. These rules may not require the use of signs that are more expensive than is necessary to accomplish their purpose.
101.123(7)
(7) Signs for state agencies. The department shall arrange with the department of administration to have the signs prepared and made available to state agencies for use in state facilities.
101.123(8)(a)(a) Any person who willfully violates
sub. (2) (a),
(am) 1.,
(bm), or
(br) after being advised by an employee of the facility that smoking in the area is prohibited or any person in charge or his or her agent who willfully fails to comply with
sub. (5) shall forfeit not more than $10.
101.123(8)(b)
(b) Any person who willfully violates
sub. (2) (ar) after being advised by an employee of the facility that smoking in the area is prohibited shall forfeit not more than $50.
101.123(8)(c)
(c) A violation of this section does not constitute negligence as a matter of law.
101.123(9)
(9) Injunction. Notwithstanding
s. 165.60, state or local officials or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of this section.
101.123 History
History: 1983 a. 211;
1985 a. 332 s.
253;
1987 a. 161 s.
13m;
1987 a. 403 s.
256;
1989 a. 97,
107,
251,
336;
1991 a. 28,
39,
130;
1993 a. 27,
313;
1995 a. 27 ss.
3661,
9126 (19);
1995 a. 77,
201,
404;
1999 a. 9,
72;
2001 a. 16.
101.124
101.124
Heated sidewalks prohibited. In this section, "exterior pedestrian traffic surface" means any sidewalk, ramp, stair, stoop, step, entrance way, plaza or pedestrian bridge not fully enclosed within a building and "heated" means heated by electricity or energy derived from the combustion of fossil fuels, but not including the use of waste thermal energy. "Exterior pedestrian traffic surface" does not include any means of ingress and egress by the physically disabled required under
s. 101.13 (2). No person may construct a heated exterior pedestrian traffic surface. The department or any city, village, town or county is prohibited from approving any plan under
s. 101.12 which includes such heated surface. The department shall order any existing heated exterior pedestrian traffic surface in operation to be shut off. This section does not apply to any inpatient health care facility, as defined in
s. 50.135 (1), or community-based residential facility, as defined in
s. 50.01 (1g).
101.125
101.125
Safety glazing in hazardous locations. 101.125(1)(a)
(a) "Building" means a place of employment or a public building and includes, without limitation because of enumeration, wholesale and retail stores, storerooms, office buildings, factories, warehouses, governmental buildings, hotels, hospitals, motels, dormitories, sanatoriums, nursing homes, retirement homes, theaters, stadiums, gymnasiums, amusement park buildings, schools and other buildings used for educational purposes, places of worship and other places of public assembly and all residences including mobile homes, manufactured or industrialized housing, lodging homes and any other building used as a dwelling for one or more persons.
101.125(1)(b)
(b) "Entrance and exit door" means a hinged, pivoting, revolving or sliding door which is used alone or in combination with other such doors on interior or exterior walls of a residential, commercial or public building for passage, ingress or egress.
101.125(1)(c)
(c) "Fixed or operating, flat panels immediately adjacent to an entrance or exit door" means the first fixed or operating, flat panel on either or both sides of an interior or exterior door if:
101.125(1)(c)1.
1. The nearest vertical edge of such panel is located within 2 feet of the nearest vertical edge of the door; and
101.125(1)(c)2.
2. The lower horizontal edge of such panel is less than 2 feet from the floor.
101.125(1)(d)
(d) "Hazardous location" means the location of a structural element in a building which is used as an entrance and exit door to a compartment, room or building; the fixed or operating, flat panels immediately adjacent to an entrance or exit door; a sliding glass door unit; a storm or combination door; a shower and bathtub enclosure; and the adjacent sidelites of a door. In the case of a public building, the term also includes any other location designated by the department.
101.125(1)(e)
(e) "Safety glazing material" means any transparent or translucent material, including tempered glass, laminated glass, wire glass and rigid plastic, which is constructed, treated or combined with other materials to minimize the likelihood of cutting or piercing injuries to humans, and which is approved by rule of the department as meeting departmental standards for the location in which it is to be applied.
101.125(1)(f)
(f) "Sliding glass door unit" means a panel or an assembly of panels contained in a frame designed so that at least one panel is movable in a horizontal direction.
101.125(1)(g)
(g) "Storm or combination door" means a door which protects an entrance or exit door against weather elements and affects indoor temperature control.
