101.144(1)(aq)3.
3. An enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in
s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.
101.144(1)(bm)
(bm) "Petroleum storage tank" means a storage tank that is used to store petroleum products together with any on-site integral piping or dispensing system. "Petroleum storage tank" does not include a pipeline facility.
101.144(1)(c)
(c) "Remedial action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands and waters of this state.
101.144(1)(d)
(d) "Responsible person" means a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum storage tank or a person on whose property a petroleum storage tank is located.
101.144(2)(a)(a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under
par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under
par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources for the cleanup of discharges of hazardous substances.
101.144(2)(b)
(b) The program under this section covers a discharge of a petroleum product from a petroleum storage tank if all of the following apply:
101.144(2)(b)1.
1. The site of the discharge is classified, as provided under
sub. (3m) (a) 3., as medium risk or low risk, based on the threat that the discharge poses to public health, safety and welfare and to the environment.
101.144(2)(b)2.
2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product, including any additive, that was discharged from the petroleum storage tank.
101.144(3)
(3) The department of natural resources may take action under
s. 292.11 (7) (a) or may issue an order under
s. 292.11 (7) (c) in response to a discharge that is covered under
sub. (2) (b) only if one or more of the following apply:
101.144(3)(a)
(a) The action or order is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.
101.144(3)(b)
(b) The department of commerce requests the department of natural resources to take the action or issue the order.
101.144(3)(c)
(c) The secretary of natural resources approves the action or order in advance after notice to the secretary of commerce.
101.144(3)(d)
(d) The department of natural resources takes action under
s. 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under
s. 292.11 (7) (c) in compliance with this subsection.
101.144(3)(e)
(e) The department of natural resources takes the action under
s. 292.11 (7) (a) because the identity of the responsible person is unknown.
101.144(3g)(a)(a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
101.144(3g)(b)
(b) If, 6 months after rules under
par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce shall revise the rules using the procedure for promulgating the rules in
par. (a).
101.144(3m)(a)(a) The department of commerce and the department of natural resources shall enter into a memorandum of understanding that does all of the following:
101.144(3m)(a)1.
1. Establishes the respective functions of the 2 departments in the administration of this section and
s. 101.143.
101.144(3m)(a)2.
2. Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under
s. 292.11 (7).
101.144(3m)(a)3.
3. Establishes standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as medium risk or low risk and establishes procedures and schedules for classifying sites of discharges of petroleum products from petroleum storage tanks.
101.144(3m)(b)
(b) The department of commerce and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.
101.144(4)
(4) Any person who violates a rule promulgated or an order issued under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.
101.144 Cross-reference
Cross Reference: See also chs.
Comm 46 and
47, Wis. adm. code.
101.145(1)(1)
Definitions. As used in this section:
101.145(1)(a)
(a) "Residential building" means any public building which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children's home, community-based residential facility or dormitory but does not include a hospital or nursing home.
101.145(1)(b)
(b) "Sleeping area" means the area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.
101.145(1)(c)
(c) "Smoke detector" means a device which detects particles or products of combustion other than heat.
101.145(1)(d)
(d) "Unit" means a residential building or that part of a residential building which is intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
101.145(2)
(2) Approval. A smoke detector required under this section shall be approved by Underwriters Laboratories, Inc.
101.145(3)(a)(a) The owner of a residential building shall install any smoke detector required under this section according to the directions and specifications of the manufacturer of the smoke detector.
101.145(3)(b)
(b) The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building.
101.145(3)(c)
(c) The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.
101.145(4)
(4) Requirement. The owner of a residential building the initial construction of which is commenced before, on or after May 23, 1978, shall install and maintain a functional smoke detector in the basement and at the head of any stairway on each floor level of the building and shall install a functional smoke detector either in each sleeping area of each unit or elsewhere in the unit within 6 feet of each sleeping area and not in a kitchen.
101.145(5)
(5) Penalty. Whoever violates this section shall forfeit to the state not more than $50 for each day of violation.
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.
101.149
101.149
Carbon monoxide detectors. 101.149(1)(am)
(am) "Carbon monoxide detector" means an electronic or battery-operated device that sounds an alarm when an unsafe level of carbon monoxide is in the air.
101.149(1)(b)
(b) "Residential building" means a tourist rooming house, a bed and breakfast establishment, or any public building that is used for sleeping or lodging purposes. "Residential building" does not include a hospital or nursing home.
101.149(1)(d)
(d) "Unit" means a part of a residential building that is occupied by one or more persons as a home, residence, or sleeping place.
101.149(2)(a)(a) Except as provided in
par. (b), the owner of a residential building shall install a carbon monoxide detector in all of the following places not later than the date specified under
par. (c):
101.149(2)(a)1.
1. In the basement of the building if the basement has a fuel-burning appliance.
101.149(2)(a)2.
2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance.
101.149(2)(a)3.
3. Within 15 feet of each sleeping area of a unit that is immediately adjacent to a unit that has a fuel-burning appliance.
101.149(2)(a)4.
4. In each room that has a fuel-burning appliance and that is not used as a sleeping area. A carbon monoxide detector shall be installed under this subdivision not more than 75 feet from the fuel-burning appliance.
101.149(2)(a)5.
5. In each hallway leading from a unit that has a fuel-burning appliance, in a location that is within 75 feet from the unit, except that, if there is no electrical outlet within this distance, the owner shall place the carbon monoxide detector at the closest available electrical outlet in the hallway.
101.149(2)(b)
(b) If a unit is not part of a multiunit building, the owner of the residential building need not install more than one carbon monoxide detector in the unit.
101.149(2)(c)1.1. Except as provided under
subd. 2., the owner of a residential building shall comply with the requirements of this subsection before the building is occupied.
101.149(2)(c)2.
2. The owner of a residential building shall comply with the requirements of this subsection not later than April 1, 2010, if construction of the building was initiated before October 1, 2008, or if the department approved the plans for the construction of the building under
s. 101.12 before October 1, 2008.
101.149(2)(d)
(d) Any carbon monoxide detector that bears an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization satisfies the requirements of this subsection.
101.149(2)(e)
(e) The owner shall install every carbon monoxide detector required by this subsection according to the directions and specifications of the manufacturer of the carbon monoxide detector.
101.149(3)(a)(a) The owner of a residential building shall reasonably maintain every carbon monoxide detector in the residential building in the manner specified in the instructions for the carbon monoxide detector.
101.149(3)(b)
(b) An occupant of a unit in a residential building may give the owner of the residential building written notice that a carbon monoxide detector in the residential building is not functional or has been removed by a person other than the occupant. The owner of the residential building shall repair or replace the nonfunctional or missing carbon monoxide detector within 5 days after receipt of the notice.
101.149(3)(c)
(c) The owner of a residential building is not liable for damages resulting from any of the following:
101.149(3)(c)1.
1. A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the residential building.
101.149(3)(c)2.
2. The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner or the result of a faulty detector that was reasonably maintained by the owner as required under
par. (a).
101.149(4)
(4) Tampering prohibited. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.
101.149(5)
(5) Exceptions. Subsections (2) and
(3) do not apply to the owner of a residential building if the residential building does not have an attached garage and any of the following applies:
101.149(5)(a)
(a) The residential building does not have any fuel-burning appliances.
