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.
101.122 Cross-reference
Cross Reference: See also ch.
Comm 67 and ss.
66.0711 and
66.0808, 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 juvenile detention facility, as defined in
s. 48.02 (10r).
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 juvenile correctional facility or on the grounds of a Type 1 juvenile correctional facility.
101.123(2)(bv)
(bv) Notwithstanding
par. (a) and
sub. (3), no person may smoke in a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or in any location that is 25 feet or less from such a residence hall or dormitory.
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 juvenile correctional facility, on the grounds of a Type 1 juvenile 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, in a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System, or in any location that is 25 feet or less from such a residence hall or dormitory, 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 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.
