101.145(6)
(6) Department inspection and orders. The department may inspect all residential buildings, except the interior of private dwellings, as may be necessary to ensure compliance with this section. The department may inspect the interior of private dwellings at the request of the owner or renter as may be necessary to ensure compliance with this section. The department may issue orders as may be necessary to ensure compliance with this section.
101.148
101.148
Contractor notices. 101.148(1)(a)
(a) "Consumer" means a person who enters into a written or oral contract with a contractor to construct or remodel a dwelling.
101.148(1)(b)
(b) "Contractor" means a person who enters into a written or oral contract with a consumer to construct or remodel a dwelling.
101.148(1)(c)1.
1. Depositing the document or written notice in the U.S. mail or with a commercial delivery service, addressed to the applicable person.
101.148(1)(c)2.
2. Giving the document or written notice personally to the applicable person.
101.148(1)(d)
(d) "Dwelling" means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. "Dwelling" includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements.
101.148(1)(e)
(e) "Remodel" means to alter or reconstruct a dwelling. "Remodel" does not include maintenance or repair work.
101.148(2)
(2) Notice required at time of contracting. 101.148(2)(a)(a) Before entering into a written contract to construct or remodel a dwelling, or, if the parties enter into an oral contract, as soon as reasonably possible, but before commencing any work to construct or remodel a dwelling, the contractor shall deliver to the consumer a copy of the brochure prepared under
s. 895.07 (13) and a notice worded substantially as follows:
NOTICE CONCERNING CONSTRUCTION
DEFECTS
Wisconsin law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your dwelling or completed your remodeling project or against a window or door supplier or manufacturer.
Section 895.07 (2) and
(3) of the Wisconsin statutes requires you to deliver to the contractor a written notice of any construction conditions you allege are defective before you file your lawsuit, and you must provide your contractor or window or door supplier the opportunity to make an offer to repair or remedy the alleged construction defects. You are not obligated to accept any offer made by the contractor or window or door supplier. All parties are bound by applicable warranty provisions.
101.148(2)(b)
(b) The notice required under
par. (a) shall be conspicuous and in writing and may be included within the contract between the contractor and the consumer.
101.148 History
History: 2005 a. 201.
101.15
101.15
Mines, tunnels, quarries and pits. 101.15(1)
(1) If any shaft or workings of a mine, or any tunnel, trench, caisson, quarry, or gravel or sand pit is being operated or used in violation of the safety orders of the department applicable thereto, the owner or operator upon receiving notice of such violation from the department shall immediately cease such operation or use. The operation or use of such shaft or workings of a mine, or of such tunnel, trench, caisson, quarry or gravel or sand pit, shall not be resumed until such safety orders have been complied with.
101.15(2)(a)1.
1. "Excavation" or "workings" means any or all parts of a mine excavated or being excavated, including shafts, tunnels, drifts, cross cuts, raises, winzes, stopes and all other working places in a mine.
101.15(2)(a)2.
2. "Mineral" means a product recognized by standard authorities as mineral, whether metalliferous or nonmetalliferous.
101.15(2)(a)3.
3. "Shaft" means an opening made for mining minerals, for hoisting and lowering persons or material, or for ventilating underground workings.
101.15(2)(b)
(b) No excavation of a shaft may be commenced unless a permit is first issued therefor by the department. Permits for such excavation shall be issued upon fee payment and application filed with the department, if the department is satisfied that the shaft or the excavation and workings will be in compliance with the safety orders adopted by the department and applicable thereto. Application shall be made upon forms prescribed by the department and shall be furnished upon request.
101.15(2)(c)
(c) Paragraph (b) does not apply to shafts which will be less than 50 feet in depth wherein persons are not employed, or which are not equipped with power driven hoists used for hoisting persons in and out of the shafts, or which are not covered with a flammable building.
101.15(2)(d)1.
1. Employ additional mining inspectors, who shall have had at least 10 years experience in underground mining or be a graduate of a recognized college with a degree of mining engineering.
101.15(2)(d)2.
2. Cause the inspection of all underground mines, quarries, pits, zinc works or other excavations.
101.15(2)(e)
(e) The department shall promulgate rules to effect the safety of mines, explosives, quarries and related activities. Such rules shall provide for the establishment of uniform limits on permissible levels of blasting resultants to reasonably assure that blasting resultants do not cause injury, damage or unreasonable annoyance to any person or property outside any controlled blasting site area.
101.15(2)(f)1.1. The department shall cause the inspections of underground mines and similar establishments at least once every 2 months and shall cause the inspections of surface mines and similar establishments at least once each year. In the making of the inspections the owner and the labor union identified as the bargaining representative of the employees of the mine or establishment shall be permitted to accompany the inspector engaged in the tour of inspection. The department shall cause a report of any inspection so made, to be submitted to representatives of the operator and of the employees.
101.15(2)(f)2.
2. The department may apply to a court of record for the closing of any underground mine, quarry, pit, zinc works or other excavation where the same is being operated in violation of any of its rules or orders, and the owners or operators have failed within a reasonable time to correct any unsafe methods of operation. The failure of any owner or operator to comply with the order or judgment of the court subjects the party or parties to contempt proceedings.
101.15 Cross-reference
Cross Reference: See also ss.
Comm 7.01,
7.60, and
8.01, Wis. adm. code.
101.15 Annotation
When a deputy inspector determines that there is a violation of safety orders and a condition of extreme and imminent danger to a workman's life exists, he or she may seek the assistance of a local law enforcement officer. The local law enforcement officer has a duty to render assistance unless in the officer's opinion other priority assignments take precedence. 59 Atty. Gen. 12.
101.16
101.16
Liquefied petroleum gas. 101.16(1)
(1) The term "liquefied petroleum gas" as used in this section, shall mean and include any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes, normal butane or isobutane and butylenes.
101.16(2)
(2) The department shall ascertain, fix and order such reasonable standards, rules or regulations for the design, construction, location, installation, operation, repair and maintenance of equipment for storage, handling, use, and transportation by tank truck or tank trailer, of liquefied petroleum gases for fuel purposes, and for the odorization of said gases used therewith, as shall render such equipment safe. The promulgation, effect and review of standards, rules and regulations adopted under this section shall be controlled by this chapter.
101.16(3)
(3) No person, firm or corporation, except the owner thereof and those duly authorized by the owner so to do, shall fill, refill or use in any manner a liquefied petroleum gas container or receptacle for any purpose whatsoever.
101.16(4)
(4) Every person, firm, association or corporation actually performing the work of installing, on and after the effective date of regulations promulgated by the department pursuant to this section, equipment utilizing liquefied petroleum gas for fuel purposes, shall furnish the customer or user of said equipment, a statement, the form of which shall be prescribed by the department, showing that the design, construction, location and installation of said equipment conforms with the rules and regulations adopted by the department pursuant to this section.
101.16(5)
(5) Any person, firm, association or corporation violating this section, or any standard, rule or regulation adopted by the department pursuant to this section, or issuing a false statement under
sub. (4), shall be fined not less than $25 nor more than $100, or imprisoned not less than 30 days nor more than 6 months.
101.16(6)
(6) This section shall not apply to railroads engaged in interstate commerce or to equipment used by them.
101.16 History
History: 1971 c. 185 s.
1; Stats. 1971 s. 101.16.
101.16 Cross-reference
Cross Reference: See also s.
Comm 40.40, Wis. adm. code.
101.17
101.17
Machines and boilers, safety requirement. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employees and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with this subchapter. Any person violating this section shall be subject to the forfeitures provided in
s. 101.02 (12) and
(13).
101.17 History
History: 1971 c. 185 ss.
1,
7;
1971 c. 228 ss.
19,
43; Stats. 1971 s. 101.17;
1995 a. 27.
101.17 Cross-reference
Cross Reference: See also chs.
Comm 18,
33,
34,
41,
43, and
45, Wis. adm. code.
101.175
101.175
Local energy resource systems. 101.175(1)(a)
(a) "Local energy resource system" means a solar energy system, a wind energy system or a wood energy system.
101.175(1)(b)
(b) "Solar energy system" means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.
101.175(1)(c)
(c) "Wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy.
101.175(1)(d)
(d) "Wood energy system" means woodburning stove or furnace.
101.175(1m)
(1m) The purpose of this section is to establish statewide local energy resource system standards to promote accurate consumer evaluation of local energy resource systems and components thereof.
101.175(2)
(2) Any manufacturer or retailer prior to the sale in this state of any local energy resource system or components thereof may request the department to issue a seal of quality for each system or component which meets or exceeds the quality standards established by the department under
sub. (4).
101.175(3)
(3) The department, in consultation with the department of agriculture, trade and consumer protection, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:
101.175(3)(a)
(a) Promote accurate consumer evaluation of local energy resource systems and components thereof.
101.175(3)(b)
(b) Conform, where feasible, with national performance standards promulgated or recognized by the federal government for local energy resource systems.
101.175(3)(c)
(c) Promote the production, marketing and installation of local energy resource systems.
101.175(4)
(4) The quality standards under
sub. (3) shall include but are not limited to:
101.175(4)(a)
(a) The requirement of a warranty and minimum requirements for the contents thereof.
101.175(4)(b)
(b) The requirement of an operation and maintenance manual and minimum requirements for the contents thereof.
101.175(4)(c)
(c) Minimum specifications for materials, workmanship, durability and efficiency.
101.175(5)
(5) Upon request by any manufacturer or retailer of any local energy resource system or components thereof which meet or exceed the quality standards established under
sub. (4), the department shall issue an appropriate seal of quality. The department may charge a fee to cover the cost of the seal and to cover the cost of examining the system or its components.
101.175(6)
(6) Misrepresentation, misuse or duplication of the department seal of quality issued under
sub. (5) shall be deemed deceptive advertising under
s. 100.18 (9m).
101.175(7)
(7) At the request of any buyer of a local energy resource system the department may inspect any local energy resource system necessary to ascertain compliance with this section.
101.175 Cross-reference
Cross Reference: See also s.
Comm 71.01, Wis. adm. code.
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 , that 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, the Wisconsin Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority.
101.177 Note
Note: Par. (d) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
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.
