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.
101.1205 Cross-reference
Cross Reference: See also s.
Comm 21.125, Wis. adm. code.
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
101.121(2)(c)4.
4. Is included in a district which is listed on a certified local register of historic property, and has been determined by the city, village, town or county to contribute to the historic significance of the district.
101.121(2)(d)
(d) "State register of historic places" means the places in Wisconsin listed by the state historical society under
s. 44.36, except for a place listed as an interim listing by the state historical society under
s. 44.36 (5) (a) 3.
101.121(3)(a)(a) For any rule under this chapter or
ch. 145 which applies to buildings, the department may provide an alternative rule which accomplishes the same general purpose and applies only to qualified historic buildings. These alternative rules shall permit, to the maximum extent possible, the use of original or duplicates of original materials, the maintenance of the original appearance of all components of a historic building and the use of original construction techniques. The department shall consult with the historic building code council regarding the development of alternative rules. All alternative rules taken together constitute the historic building code.
101.121(3)(b)
(b) In order to permit the proper preservation or restoration of a qualified historic building, the department may grant a variance to any rule or alternative rule under this chapter or
ch. 145 if the owner demonstrates that an alternative proposed by the owner accomplishes the same purpose as the rule or alternative rule. With respect to any variances requested under this chapter or
ch. 145, the department shall give priority to processing variance requests by owners of qualified historic buildings. The department shall maintain a list of variances granted under this paragraph to owners of qualified historic buildings.
101.121(4)(a)(a) Except as provided in
par. (b), the owner of any qualified historic building may elect to be subject to the historic building code promulgated under
sub. (3). Except as provided in
s. 101.127, no owner who elects to be subject to the historic building code may be required to comply with any provision of any other building code, including but not limited to any county or municipal building code, or of any other local ordinance or regulation, if that provision concerns a matter dealt with in the historic building code.
101.121 Cross-reference
Cross Reference: See also ch.
Comm 70, Wis. adm. code.
101.1215
101.1215
Abrasive cleaning of historic buildings. 101.1215(1)(a)
(a) "Abrasive cleaning method" means any cleaning procedure that uses any of the following materials or tools:
101.1215(1)(a)1.
1. Abrasive materials, including sand, glass beads, ground slag, volcanic ash, crushed nutshells, rice husks, ground corncobs or crushed eggshells, carried in high-pressure or low-pressure air or water.
101.1215(2)
(2) No person may use an abrasive cleaning method on the exterior of qualified historic buildings, except as authorized by department rule.
101.1215(3)
(3) The department, in consultation with the state historical society and the department of administration, shall promulgate rules on the use of abrasive cleaning methods on the exterior of qualified historic buildings. The department may permit the use of any specific abrasive cleaning method on any specific building material only if it determines that the abrasive cleaning method will not cause irreparable damage to the building material to which it is applied.
101.1215(4)(a)(a) Any person who uses an abrasive cleaning method in violation of this section may be required to forfeit not less than $100 nor more than $1,000 for each offense. Each day of continued violation constitutes a separate offense.
101.1215(4)(b)
(b) Any owner of a qualified historic building who causes or permits the use of an abrasive cleaning method in violation of this section may be required to forfeit not less than $100 nor more than $1,000 for each offense. Each day of continued violation constitutes a separate offense.
101.1215 History
History: 1993 a. 471.
101.122
101.122
Rental unit energy efficiency. 101.122(1)(a)
(a) "Dwelling unit" means a building or that part of a building which is used as a home or residence.
101.122(1)(b)
(b) "Energy conservation measure" means any measure which increases the energy efficiency of a rental unit, including, but not limited to, the installation of caulking, weatherstripping, insulation and storm windows.
101.122(1)(d)
(d) "Owner" means any person having a legal or equitable interest in a rental unit.
101.122(1)(e)
(e) "Rental unit" means any rented dwelling units. "Rental unit" does not include:
101.122(1)(e)1.
1. Any building containing up to 4 dwelling units, one of which is owner-occupied.
101.122(1)(e)2.
2. Any building constructed after December 1, 1978, which contains up to 2 dwelling units.
101.122(1)(e)3.
3. Any building constructed after April 15, 1976, which contains more than 2 dwelling units.
101.122(1)(e)4.
4. Any dwelling unit not rented at any time from November 1 to March 31.
101.122(1)(e)5.
5. A building that is subject to a condominium declaration under
ch. 703 and that contains 3 or more units, as defined in
s. 703.02 (15).
101.122(1)(em)
(em) "Thermal performance" means the gross heat loss from the building.
101.122(1)(f)
(f) "Transfer" means a conveyance of an ownership interest in a rental unit by deed, land contract or judgment or conveyance of an interest in a lease in excess of one year. "Transfer" does not include a conveyance under
chs. 851 to
879.
101.122(2)
(2) Departmental duties. The department shall:
101.122(2)(a)1.1. Promulgate rules which establish a code of minimum energy efficiency standards for the attics, sill boxes, heat and plumbing supply systems in unheated crawl spaces, shower heads, furnaces, boilers, air conditioners, appliances, lighting systems and storm windows and doors of rental units. The rules shall include a standard that establishes a maximum air infiltration rate of the thermal envelope, as defined by the department by rule. At the request of the owner of a rental unit, the department shall apply this air infiltration standard in lieu of the standard for storm windows and doors. The rules shall require installation of specified energy conservation measures. The present value benefits of each energy measure, in terms of saved energy over a 5-year period after installation, shall be more than the total present value cost of installing the measures.
101.122(2)(a)2.
2. In the rules adopted under this paragraph, the department may include a separate standard based on thermal performance.
101.122(2)(b)
(b) Adopt rules setting standards for inspections and certifications under
sub. (4), including but not limited to prescription of a standard certificate form.
101.122(2)(c)
(c) Adopt rules for the certification, including provisions for suspension and revocation thereof, of inspectors for the purpose of inspecting rental units subject to any rule under this section. The rules shall include a maximum fee schedule for inspection and certification of rental units under
sub. (4) by inspectors not employed by the department.
101.122(2)(d)
(d) Provide training, assistance and information services to any inspector or person seeking to be certified as an inspector under
par. (c).
101.122(2)(e)
(e) Review the rules adopted under this section at least once every 5 years and may determine whether new energy conservation technologies meet the standards under
sub. (3) (a) and whether the rules promulgated under
par. (a) should require the use of those technologies.
101.122(2)(f)
(f) Issue special orders which it deems necessary to secure compliance with this section and enforce the same by appropriate administrative and judicial proceedings.
101.122(2)(g)
(g) Hear petitions regarding the enforcement of rules and special orders under this section according to the procedure established under
s. 101.02 (6) (e) to
(i) and
(8).
101.122(3)
(3) Departmental powers. The department may:
101.122(3)(a)
(a) In rules adopted under
sub. (2) (a), incorporate nationally recognized energy efficiency standards and vary standards according to:
101.122(3)(a)1.
1. Classes of energy use systems, including, but not limited to, building envelopes; heating, ventilating and air conditioning systems; lighting systems; appliances; and other fixtures which consume energy resources.
101.122(3)(b)
(b) Hold hearings on any matter relating to this section and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings.
101.122(4)(a)(a) Except as provided under
pars. (b) and
(c), no owner may transfer a rental unit unless an inspector has inspected the unit and has issued a certificate stating that the unit satisfies applicable standards under
sub. (2) (a) 1. or
2.
101.122(4)(b)
(b) The department or an inspector employed by the city, village or town within which a rental unit scheduled for demolition within 2 years is located may issue a written waiver of the requirements of
par. (a). The waiver shall be conditioned on demolition of the rental unit within 2 years of the date of the waiver. If demolition does not take place within 2 years of the issuance of the waiver, the department or the city, village or town may do one or more of the following:
101.122(4)(b)1.
1. Order demolition of the rental unit no sooner than 90 days after the order.
101.122(4)(b)3.
3. Order energy conservation measures necessary to bring the rental unit into compliance with applicable standards under
sub. (2) (a).
101.122(4)(c)
(c) The transferee of a rental unit may present a stipulation signed by the transferee and by the department or by the city, village or town within which the rental unit is located stating that the owner of the rental unit will bring the rental unit into compliance with the standards under
sub. (2) (a) no later than one year after the date of the first transfer of the rental unit after the standards take effect under
par. (a). The department, city, village or town signing the stipulation shall keep a copy of the stipulation and shall conduct an inspection of the rental unit no later than 180 days after the stipulated compliance date.
101.122(5)
(5) Inspection. Any owner of a rental unit may request that an inspector inspect the owner's rental unit for the purpose of determining whether to issue a certificate under
sub. (4). If an owner, after reasonable effort, is unable to procure an inspection, the department, within 14 days after receipt of a request by the owner shall perform the inspection and determine whether to issue a certificate. The department may establish a special fee under
s. 101.19 (1) for an inspection under which it performs this subsection. If any inspector determines not to issue a certificate, the inspector shall specify in writing the energy conservation measures necessary to make the rental unit comply with applicable standards under
sub. (2) (a).
101.122(6)
(6) Proof of certification or exclusion required for recordation. A register of deeds may not accept for recording any deed or other document of transfer of real estate which includes a rental unit unless the deed or document is accompanied by the certificate required under
sub. (4) (a), a waiver under
sub. (4) (b) or a stipulation under
sub. (4) (c). The department shall prescribe for use under
s. 77.22 (2) a form setting forth the reasons why transferred real estate is not subject to certification under
sub. (4) (a), waiver under
sub. (4) (b) or stipulation under
sub. (4) (c). A register of deeds shall record the certificate, waiver or stipulation.
101.122(6m)
(6m) Report to legislature. Annually, before March 1, the department shall submit a written report to the chief clerk of each house of the legislature, for distribution to the legislature, under
s. 13.172 (2), on the impact of the requirements of this section.
101.122(6r)
(6r) Municipal codes. After the effective date of the rules under
sub. (4) (a), no city or village may enforce a code of minimum energy efficiency standards for rental units in the city or village unless the requirements of the code are at least as strict as the requirements of the code under
sub. (2) (a).
101.122(6w)
(6w) 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.
101.122(7)(a)(a)
Inspectors. Any inspector falsifying a certificate issued under
sub. (4) shall have his or her certification revoked and may be required to forfeit not more than $500 per dwelling unit in the rental unit for which the certificate is issued.
101.122(7)(b)
(b)
New owners. Any person who offers documents evidencing transfer of ownership for recordation and who, with intent to evade the requirements of this section, falsely states on the form under
s. 77.22 (1) that the real property involved does not include a rental unit may be required to forfeit not more than $500 per dwelling unit in the rental unit being transferred.
101.122(7)(c)
(c)
Waiver. Any person who fails to comply with the requirements of a waiver issued under
sub. (4) (b) may be required to forfeit not more than $500 per dwelling unit in the rental unit for which the waiver is issued.
101.122(7)(d)
(d)
Stipulation. Any person who fails to comply with the requirements of a stipulation under
sub. (4) (c) may be required to forfeit not more than $500 per dwelling unit.
101.122(7)(e)
(e)
Citation. If a person fails to comply with the requirements of a stipulation under
sub. (4) (c) by the date specified in the stipulation, the department or the city, village or town that entered into the stipulation with the person may, anytime after the first day of the first month beginning after the date specified in the stipulation, proceed under
s. 778.25 to recover a forfeiture under
par. (d). A person may be charged with multiple violations under
par. (d) if each violation covers a period of at least 90 consecutive days of continued failure to comply, if there is no overlap between periods and if each period begins after the date by which a rental unit was to have been brought into compliance.
