101.177
101.177
Refrigeration equipment and ozone-depleting refrigerant. 101.177(1)(a)
(a) "Approved refrigerant reclaiming equipment" means equipment that the department or an independent standards testing organization approved by the department determines will treat ozone-depleting refrigerant removed from refrigeration equipment so that the ozone-depleting refrigerant meets the standard of purity for reclaimed refrigerant established under
sub. (4) (a) 1.
101.177(1)(am)
(am) "Approved refrigerant recycling equipment" means equipment that the department or an independent standards testing organization approved by the department determines will reduce contaminants in used ozone-depleting refrigerant by oil separation and passes through devices that reduce moisture, acidity and particulate matter.
101.177(1)(c)
(c) "Refrigeration equipment" means mechanical vapor compression refrigeration equipment except for a mobile air conditioner, as defined in
s. 100.45 (1) (b), or trailer refrigeration equipment, as defined in
s. 100.45 (1) (e).
101.177(1)(d)
(d) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.
101.177(2)
(2) Servicing. No person, including a state agency, may install or service a piece of refrigeration equipment that contains ozone-depleting refrigerant unless the person certifies all of the following to the department:
101.177(2)(a)
(a) That the person does not use ozone-depleting refrigerant for cleaning purposes, including to clean the interior or exterior surfaces of refrigeration equipment.
101.177(2)(b)
(b) That the person transfers the ozone-depleting refrigerant from refrigeration equipment to storage containers using equipment that is approved by the department whenever the person removes ozone-depleting refrigerant from refrigeration equipment.
101.177(2)(c)
(c) That the individuals who use the equipment to transfer ozone-depleting refrigerant under
par. (b) have the qualifications established under
sub. (4) (a) 2.
101.177(2)(d)
(d) That the person does not knowingly or negligently release ozone-depleting refrigerant to the environment, except for minimal releases that occur as a result of efforts to recover, reclaim or recycle ozone-depleting refrigerant removed from refrigeration equipment.
101.177(2)(e)
(e) That the person inspects and, if necessary, repairs refrigeration equipment that leaks, or is suspected of leaking, before putting additional ozone-depleting refrigerant into that refrigeration equipment.
101.177(2)(g)
(g) That, for the purposes of determining whether repairs are necessary under
par. (e), the person uses a yearly leak rate identified by the federal environmental protection agency.
101.177(3)(a)(a) After December 31, 1991, no person, including a state agency, may sell used ozone-depleting refrigerant removed from refrigeration equipment for reuse unless the person certifies all of the following to the department:
101.177(3)(a)1.
1. That the person or another person reclaims the ozone-depleting refrigerant using approved refrigerant reclaiming equipment.
101.177(3)(a)2.
2. That the individuals who use the approved refrigerant reclaiming equipment under
subd. 1. have the qualifications established under
sub. (4) (a) 3.
101.177(3)(b)
(b) Paragraph (a) does not apply to a person that sells used ozone-depleting refrigerant removed from refrigeration equipment to another person for reclaiming, as provided in
par. (a) 1., by that other person if the person informs the other person that the ozone-depleting refrigerant has not been reclaimed as provided in
par. (a) 1.
101.177(3m)
(3m) Sale of new or reclaimed refrigerant. No person may sell or offer to sell new or reclaimed ozone-depleting refrigerant except as authorized in
s. 100.45 (3) (b) or to one of the following:
101.177(3m)(a)
(a) A person who intends to resell the ozone-depleting refrigerant.
101.177(3m)(b)
(b) A person who provides certification to the department under
sub. (2).
101.177(4)
(4) Department duties. The department shall do all of the following:
101.177(4)(a)
(a) Promulgate rules for the administration of this section including establishing all of the following:
101.177(4)(a)1.
1. A standard of purity for reclaimed refrigerant that is based on recognized national industry standards.
101.177(4)(a)2.
2. Qualifications, which may include training or certification requirements, for individuals who use equipment to transfer ozone-depleting refrigerant from refrigeration equipment to storage containers.
101.177(4)(a)2m.
2m. Qualifications, which may include training or certification requirements, for individuals who transfer ozone-depleting refrigerant from storage containers to approved refrigerant recycling equipment, approved refrigerant reclaiming equipment or other storage containers.
101.177(4)(a)3.
3. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment.
101.177(4)(a)3m.
3m. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant reclaiming equipment.
101.177(4)(b)
(b) Identify approved refrigerant recycling equipment or approve independent testing organizations that may identify approved refrigerant recycling equipment.
101.177(4)(bm)
(bm) Identify approved refrigerant reclaiming equipment or approve independent testing organizations that may identify approved refrigerant reclaiming equipment.
101.177(4)(c)
(c) Approve equipment for the transfer of ozone-depleting refrigerant from refrigeration equipment to storage containers.
101.177(4m)
(4m) Department powers. The department may promulgate rules providing that any portion of
sub. (2),
(3) or
(3m) applies with respect to a substance used as a substitute for an ozone-depleting refrigerant.
101.177(5)(a)(a) Any person who violates
sub. (2) shall be required to forfeit not less than $50 nor more than $1,000. Each installation or servicing in violation of
sub. (2) constitutes a violation.
101.177(5)(b)
(b) Any person who violates
sub. (3) or
(3m) shall be required to forfeit not less than $50 nor more than $1,000. Each sale in violation of
sub. (3) or
(3m) constitutes a violation.
101.178
101.178
Installation and servicing of heating, ventilating and air conditioning equipment. 101.178(1)
(1) In this section, "political subdivision" means a city, village, town or county.
101.178(2)
(2) No person may engage in the business of installing or servicing heating, ventilating or air conditioning equipment unless the person registers with the department.
101.178(3)(a)(a) The department shall promulgate rules for a voluntary program under which a person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment may obtain certification by passing an examination developed or selected by the department.
101.178(3)(b)
(b) A political subdivision may not require a person to obtain certification under
par. (a) in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in that political subdivision unless all of the following apply:
101.178(3)(b)1.
1. On April 23, 1994, the political subdivision requires certification, licensure or other approval by the political subdivision in order to engage in that business in the political subdivision.
101.178(3)(b)2.
2. The political subdivision allows a person who has the approval under
subd. 1. on April 23, 1994, to continue to engage in that business in the political subdivision without obtaining certification under
par. (a).
101.178(3)(c)
(c) A political subdivision may not require a person who is certified under
par. (a) to obtain certification, licensure or other approval by the political subdivision in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in that political subdivision.
101.178(3)(d)
(d) A political subdivision may not require a person to obtain certification, licensure or other approval by the political subdivision in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in the political subdivision unless the political subdivision requires that approval before November 1, 1993.
101.178(4)
(4) The department may establish fees to cover the costs of administering this section.
101.178(5)
(5) Any person who violates
sub. (2) shall be required to forfeit not less than $50 nor more than $1,000. Each installation or servicing in violation of
sub. (2) constitutes a separate violation.
101.178 History
History: 1993 a. 243.
101.178 Cross-reference
Cross Reference: See also ss.
Comm 5.70,
5.71, and
5.72, Wis. adm. code.
101.18
101.18
Electric fences. The department shall ascertain, fix and order such reasonable standards, rules or regulations for the erection, construction, repair and maintenance of electric fences as shall render them safe.
101.18 History
History: 1971 c. 185 s.
1;
1971 c. 228; Stats. 1971 s. 101.18.
101.19
101.19
Fees and records. 101.19(1)(1) The department, by rule promulgated under
ch. 227, shall fix and collect fees which shall, as closely as possible, equal the cost of providing the following services:
101.19(1)(a)
(a) The examination of plans for public buildings, public structures, places of employment and the components thereof.
101.19(1)(b)
(b) The required inspection of boilers, pressure vessels, refrigeration plants, liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, elevators, ski towing and lift devices, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.
101.19(1)(c)
(c) Determining and certifying the competency of inspectors, blasters and welders.
101.19(1)(d)
(d) Each inspection of a facility conducted to ensure that the construction is in accordance with the plans approved by the department.
101.19(1)(e)
(e) The review of plans, construction inspections, department labels and licensing of manufacturers of manufactured homes.
101.19(1)(f)
(f) Defraying the cost of the manufactured dwelling program, the one- and two-family dwelling programs and the multifamily dwelling program.
101.19(1)(g)
(g) The inspection and investigation of accidents.
101.19(1)(h)
(h) Inspections of mines, tunnels, quarries, pits and explosives.
101.19(2)
(2) The department shall issue and record required certificates of inspection or of registration for equipment listed in
sub. (1) (b).
101.19(3)(a)
(a) "Amusement attraction" means any game of skill, show, or exhibition that does not constitute an amusement or thrill ride entertainment device.
101.19(3)(b)
(b) "Amusement or thrill ride" means any device that carries frequenters in an unusual, entertaining or thrilling mode of motion or any vehicle providing entertainment or transportation to, from or within an amusement area.
101.19 Cross-reference
Cross Reference: See also chs.
Comm 2 and
61, Wis. adm. code.
101.211
101.211
Lunchrooms. The department shall require a suitable space in which lunches may be eaten in any place of employment if found by the department to be reasonably necessary for the protection of the life, health, safety and welfare of employees therein.
101.211 History
History: 1971 c. 185 s.
1;
1971 c. 228 s.
42; Stats. 1971 s. 101.211;
1977 c. 29.
101.55
101.55
Executive agreements to control sources of radiation. When the joint legislative council determines that it is in the interest of the state to enter into agreement with the government of the United States to provide for the discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by the state pursuant to authority granted by
P.L. 86-373, it shall convey its determination to the governor together with its estimate of the initial and ultimate cost of the assumption of this responsibility by the state and the governor, on behalf of the state, may, after a finding by both the governor and the U.S. nuclear regulatory commission as to the adequacy of the state's program of regulation, enter into such an agreement.
101.55 History
History: 1977 c. 29;
1993 a. 52.
101.563
101.563
Payments without regard to eligibility; calendar years 2000 to 2004. 101.563(1)(a)(a)
Payments from calendar year 2000 dues. Notwithstanding
ss. 101.573 (3) (a) and
101.575 (1) and
(3) to
(5), the department shall pay the amount determined under
sub. (2) (a) to every city, village, and town that was ineligible to receive a proportionate share of fire department dues collected for calendar year 2000 as a result of that city, village, or town failing to satisfy all eligibility requirements under
s. 101.575 (1) and
(3) to
(5) or to demonstrate to the department that the city, village, or town was eligible under
s. 101.575 (1) and
(3) to
(5) to receive a proportionate share of the fire department dues.
101.563(1)(b)
(b)
Payments from dues for calendar years 2001 to 2004. Notwithstanding
ss. 101.573 (3) (a) and
101.575 (1) and
(3) to
(5) and except as otherwise provided in this paragraph, the department may not withhold payment of a proportionate share of fire department dues under
ss. 101.573 and
101.575 to a city, village, or town based upon the failure of that city, village, or town to satisfy all eligibility requirements under
s. 101.575 (1) and
(3) to
(5) or to demonstrate to the department that the city, village, or town is eligible under
s. 101.575 (1) and
(3) to
(5) to receive a proportionate share of fire department dues. This paragraph applies only to the payment of a proportionate share of fire department dues collected for calendar years 2001 to 2004.
101.563(2)(a)(a)
Payments from calendar year 2000 dues. Notwithstanding
s. 101.573 (3) (a), the department shall pay every city, village, and town that is entitled to payment under
sub. (1) (a) the amount to which that city, village, or town would have been entitled to receive on or before August 1, 2001, had the city, village, or town been eligible to receive a payment on that date. The department shall calculate the amount due under this paragraph as if every city, village, and town maintaining a fire department was eligible to receive a payment on that date. By the date on which the department provides a certification or recertification to the secretary of administration under
par. (b) 1., the department shall certify to the secretary of administration the amount to be paid to each city, village, and town under this paragraph. On or before August 1, 2002, the secretary of administration shall pay the amount certified by the department under this paragraph to each such city, village, and town. The secretary of administration may combine any payment due under this paragraph with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under
par. (b) 1.
101.563(2)(b)
(b)
Payments from dues for calendar years 2001 to 2004. 101.563(2)(b)1.1. `Payments from calendar year 2001 dues.' Notwithstanding
s. 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall compile the fire department dues paid by all insurers under
s. 601.93 and the dues paid by the state fire fund under
s. 101.573 (1) and funds remaining under
s. 101.573 (3) (b), subtract the total amount due to be paid under
par. (a), withhold 0.5%, and certify to the secretary of administration the proper amount to be paid from the appropriation under
s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under
sub. (1) (b) and
s. 101.575. If the department has previously certified an amount to the secretary of administration under
s. 101.573 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the secretary of administration shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under
sub. (1) and
s. 101.575. The secretary of administration may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under
par. (a).
101.563(2)(b)2.
2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding
s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under
s. 601.93 and the dues paid by the state fire fund under
s. 101.573 (1) and funds remaining under
s. 101.573 (3) (b), withhold 0.5% and certify to the secretary of administration the proper amount to be paid from the appropriation under
s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under
sub. (1) (b) and
s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.
101.563(2)(b)3.
3. `Payments to correct errors.' The amounts withheld under
subds. 1. and
2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the secretary of administration the amount that must be disbursed to correct an error and the secretary of administration shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under
subd. 1. or
2., as applicable, that is not disbursed under this subdivision shall be included in the total compiled by the department under
subd. 2. for the next calendar year, except that amounts withheld under
subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under
s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.
101.563(3)
(3) Notices of ineligibility and departmental audits; exceptions. Except as otherwise provided in this subsection and notwithstanding
s. 101.575 (1) (am) and
(4) (a) 2., the department may not issue a notice of noncompliance with regard to a city, village, or town that fails to satisfy all eligibility requirements under
s. 101.575 (1) and
(3) to
(5) and may not audit any city, village, town, or fire department for purposes of determining whether the city, village, town, or fire department complies with
s. 101.575 (6) and
s. 101.14 (2). This subsection does not apply after August 1, 2005.
