101.136(1)(e)
(e) "State inspector" means the state thermal system insulation inspector.
101.136(1)(f)
(f) "Thermal system insulation" means a product that is used in a heating, ventilating, cooling, plumbing, or refrigeration system to insulate any hot or cold surface, including a pipe, duct, valve, boiler, flue, or tank, or equipment on or in a building.
101.136(2)
(2) Standards. The department shall promulgate rules establishing standards for the installation and maintenance of thermal system insulation in buildings. The department shall base the standards, to the extent possible, on national industry standards for installing and maintaining thermal system insulation. Beginning on February 1, 2011, thermal system insulation in buildings shall conform to these standards.
101.136(3)
(3) Duties of the thermal system insulation council. 101.136(3)(a)1.
1. Recommend rules for promulgation by the department to establish standards for the installation and maintenance of thermal system insulation in buildings.
101.136(3)(a)2.
2. Recommend to the department requirements for the licensure of mechanics and circumstances under which the department may take disciplinary action against a mechanic, including suspension and revocation of a license.
101.136(3)(a)3.
3. Recommend to the department qualifications for the state inspector.
101.136(3)(a)4.
4. Recommend to the department training and continuing education requirements for mechanics.
101.136(3)(b)
(b) The council may consult with engineering authorities and other organizations concerned with safety and health issues related to thermal system insulation and mold in performing its duties under this subsection.
101.136(4)(a)(a) The department shall employ a person who has at least 10 years of experience as a mechanic, and who has successfully completed an apprenticeship program in installing and maintaining thermal system insulation that is approved by the department and that meets the requirements of the department of workforce development under
subch. I of ch. 106, as the state inspector. The state inspector shall work under the direct supervision of the secretary or his or her designee.
101.136(4)(b)
(b) The state inspector shall do all of the following:
101.136(4)(b)1.
1. Inspect buildings constructed, or in which the mechanical systems have been altered, to determine whether the installation or maintenance of thermal system insulation in those buildings complies with the standards established by the department under
sub. (2). The state inspector shall conduct the inspections on a random basis and whenever requested to do so by a building inspector. This subdivision applies to buildings constructed, and mechanical systems that have been altered, on or after February 1, 2011.
101.136(4)(b)2.
2. Provide assistance and information to building inspectors who inspect buildings for compliance with the standards established by the department under
sub. (2).
101.136(4)(b)3.
3. Keep complete and accurate records of all inspected buildings, including a list identifying all buildings that are in compliance with the standards established by the department under
sub. (2), a list of all buildings that are not in compliance with the standards established by the department under
sub. (2), and a list of all orders that the state inspector issues under
par. (c).
101.136(4)(b)4.
4. Give written notice of noncompliance to the owner of every building that the state inspector determines does not comply with the standards established by the department under
sub. (2).
101.136(4)(c)
(c) The state inspector may issue an order requiring the owner of a building to make repairs or alterations that the state inspector determines are necessary in order for the building to comply with the standards established by the department under
sub. (2). The inspector shall issue such an order in writing.
101.136(5)
(5) Rules. The department shall promulgate rules establishing all of the following:
101.136(5)(a)
(a) Requirements for the licensing of mechanics. The rules shall provide that a license issued to a mechanic under this section is valid for 2 years and is renewable.
101.136(5)(c)
(c) License fees for mechanics. The rules shall establish fees for the licensing of mechanics that are not less than $250 nor more than $1,000 for each license period.
101.136(5)(d)
(d) Training and continuing education requirements for mechanics.
101.136(5)(e)
(e) Procedures governing the assessment of forfeitures under
sub. (11), including the procedure for issuing an order for an alleged violation of this section, the procedure for contesting an order issued for an alleged violation of this section, and the procedure for contesting the assessment of a forfeiture for an alleged violation of this section.
101.136(6)(a)1.1. Except as provided in
subd. 2., beginning on July 1, 2011, no person may install or maintain thermal system insulation in any building unless that person is a mechanic licensed by the department under this section, is working under the direct supervision of a licensed mechanic, or is serving an apprenticeship in the installation and maintenance of thermal system insulation that meets the requirements specified under
subch. I of ch. 106.
101.136(6)(a)2.
2. Subdivision 1. does not apply to a person who makes only minor repairs to thermal system insulation.
101.136(6)(b)
(b) A person wishing to obtain a mechanic's license shall apply for a license by submitting an application on a form provided by the department together with the applicable fee.
101.136(6)(c)
(c) Except as provided in
par. (d), the department may not issue a license to a mechanic unless the mechanic meets the requirements established by the department by rule and either of the following requirements:
101.136(6)(c)1.
1. He or she has at least 1,000 hours of experience in each of 4 consecutive years installing and maintaining thermal system insulation under the supervision of a licensed mechanic and has passed an examination approved by the department.
101.136(6)(c)2.
2. He or she has successfully completed training in installing and maintaining thermal system insulation under an apprenticeship program that is approved by the department and that meets the requirements of the department of workforce development under
subch. I of ch. 106.
101.136(6)(d)
(d) The department may waive any requirement, or any portion of a requirement under
par. (c) for any person with experience in installing or maintaining thermal system insulation upon submission of evidence satisfactory to the department that the person is qualified for licensure.
101.136(6)(e)
(e) The department may not renew a license issued to a mechanic under this section unless the mechanic submits a certificate to the department that demonstrates that the mechanic has attended and successfully completed during the previous license period a continuing education course approved by the department, upon consultation with the council.
101.136(7)
(7) Licensing exceptions. The department may waive a licensing requirement under
sub. (6) for any person who is licensed as a mechanic in another state in which the standards for licensure are at least as strict as the requirements under
sub. (6).
101.136(8)
(8) Temporary and emergency licenses. The department may promulgate rules establishing standards and procedures for the issuance of temporary and emergency licenses for mechanics. The rule shall provide that a temporary or emergency license issued under this subsection is valid for 30 days.
101.136(9)
(9) Prohibitions. No person may do any of the following:
101.136(9)(a)
(a) Make a false statement of material fact in an application for the issuance or renewal of a license under this section.
101.136(9)(b)
(b) Engage in fraud, misrepresentation, or bribery to obtain a license under this section.
101.136(10)
(10) Penalties. A person who violates this section or who fails to comply with an order issued by the state inspector under this section is subject to a forfeiture of not less than $2,000 nor more than $5,000 for each violation.
101.136(11)
(11) Assessment of forfeitures by the department. 101.136(11)(a)(a) The department may directly assess a forfeiture by issuing an order against any person who violates this section or who fails to comply with an order issued by the state inspector under this section.
101.136(11)(b)
(b) The department shall remit all forfeitures paid to the department under this subsection to the secretary of administration for deposit into the school fund.
101.136(11)(c)
(c) All forfeitures that are not paid to the department as required under this subsection shall accrue interest at the rate of 12 percent per year.
101.136(11)(d)
(d) The attorney general may bring an action in the name of the state to collect any forfeiture imposed by the department, or interest accrued, if the forfeiture or interest has not been paid after the exhaustion of all administrative and judicial reviews. The only contestable issue in such an action is whether the forfeiture has been paid.
101.136 History
History: 2009 a. 16,
291.
101.137
101.137
Fire suppression; ozone-depleting substances. 101.137(2)
(2) Servicing portable fire extinguishers. Beginning on August 1, 1994, no person may perform portable fire extinguisher servicing that releases or may release a class I substance unless the person uses equipment approved by the department or an independent testing organization approved by the department to capture the class I substance for recycling or reclaiming.
101.137(3)
(3) Fire fighting training. Beginning on August 1, 1994, no person may conduct fire fighting training using a portable fire extinguisher that contains a class I substance.
101.137(4)
(4) Testing fire suppression systems. Beginning on August 1, 1994, no person may test a fire suppression system that contains a class I substance by releasing the class I substance into the air from the system. This subsection does not apply to the testing of a fire suppression system on a ship that was constructed or is being constructed for an agency of the federal government.
101.137(4m)
(4m) Servicing fire suppression systems. Beginning on August 1, 1994, no person may perform servicing on a fire suppression system that releases or may release a class I substance unless the person uses equipment approved by the department or an independent testing organization approved by the department to capture the class I substance for recycling or reclaiming.
101.137(5)
(5) Penalty. Any person who violates this section shall be required to forfeit not less than $250 nor more than $1,000. Each act of servicing in violation of
sub. (2) constitutes a separate offense.
101.137 History
History: 1993 a. 243.
101.14
101.14
Fire inspections, prevention, detection and suppression. 101.14(1)(a)(a) The department may make reasonable orders for the repair or removal of any building or other structure which for want of repair or by reason of age or dilapidated condition or for any other cause is especially liable to fire, and which is so situated as to endanger other buildings or property and for the repair or removal of any combustible or explosive material or inflammable conditions, dangerous to the safety of any building or premises or the occupants thereof or endangering or hindering fire fighters in case of fire.
101.14(1)(am)
(am) Notwithstanding
par. (a), the department may not require the owner or operator of a mobile kitchen to install or maintain an automatic fire suppression system or an exhaust hood in, or as part of, the mobile kitchen if all of the following apply:
101.14(1)(am)1.
1. The mobile kitchen is less than 365 square feet in size.
101.14(1)(am)2.
2. The mobile kitchen is used on fewer than 12 days a year for the purpose of cooking.
101.14(1)(b)
(b) The secretary and any deputy may at all reasonable hours enter into and upon all buildings, premises and public thoroughfares excepting only the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to the fire hazard or to the prevention of fire.
101.14(1)(bm)
(bm) The secretary and any deputy may, at all reasonable hours, enter the interior of private dwellings at the request of the owner or renter for the purpose of
s. 101.145 (6) or
101.645 (4).
101.14(1)(c)
(c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the state superintendent of public instruction.
101.14(2)(a)(a) The chief of the fire department in every city, village or town, except cities of the 1st class, is constituted a deputy of the department, subject to the right of the department to relieve any such chief from duties as such deputy for cause, and upon such suspension to appoint some other person to perform the duty imposed upon such deputy. The department may appoint either the chief of the fire department or the building inspector as its deputy in cities of the 1st class.
101.14(2)(b)
(b) The chief of every fire department shall provide for the inspection of every public building and place of employment to determine and cause to be eliminated any fire hazard or any violation of any law relating to fire hazards or to the prevention of fires.
101.14(2)(c)1.1. Except as provided under
subd. 2., the chief of every fire department shall provide that the inspections required under
par. (b) be made at least once in each nonoverlapping 6-month period per calendar year in all of the territory served by his or her fire department. The chief of a fire department may require more frequent inspections than required under this subdivision. The department by rule shall provide for general exceptions, based on the type of occupancy or use of the premises, where less frequent inspections are required. Upon written request by the chief of a fire department, the department by special order may grant an exception to a city, village or town to conduct less frequent inspections than required under this subdivision.
101.14(2)(c)2.
2. In 1st class cities, the fire chief may establish the schedule of fire inspections in that city. The fire chief shall base the frequency of the inspections on hazardous classification, the proportion of public area, the record of fire code violations, the ratio of occupancy to size and any other factor the chief deems significant. Property other than residential property with 4 dwelling units or less shall be inspected at least once annually.
101.14(2)(cm)
(cm) In addition to the requirements of
pars. (b) and
(c), a fire department shall provide public fire education services.
101.14(2)(d)
(d) The chief of every fire department, or, in 1st class cities, the building inspector appointed by the department under
par. (a), shall designate a sufficient number of inspectors to make the inspections required under
pars. (b) and
(c).
101.14(2)(e)
(e) Written reports of inspection shall be made and kept on file by the authority having jurisdiction to conduct inspections, or its designee, in the manner and form required by the department.
101.14(2)(f)
(f) Every inspection required under
pars. (b) and
(c) is subject to the supervision and direction of the department, which shall, after audit, certify to the commissioner of insurance after the expiration of each calendar year each city, village or town where the inspections for the year have been made, and where records have been made and kept on file as required under
par. (e).
101.14(3)
(3) The department shall annually conduct training sessions and provide manuals and other materials and services to assist deputies and inspectors in the fulfillment of their duties under
sub. (2).
101.14(4)(a)(a) The department shall make rules, pursuant to
ch. 227, requiring owners of places of employment and public buildings to install such fire detection, prevention or suppression devices as will protect the health, welfare and safety of all employers, employees and frequenters of places of employment and public buildings.
101.14(4)(b)1m.1m. In this paragraph, "private student residential building" means a privately owned and operated residential building that has a capacity of at least 100 occupants, that is occupied by persons at least 80 percent of whom are enrolled in an institution of higher education, and that has attributes usually associated with a student residence hall or dormitory such as a food service plan or occupancy by a resident advisor.
101.14(4)(b)1r.
1r. Except as provided in
subds. 2. and
3., the rules of the department shall require all such places and buildings over 60 feet in height, the construction of which is begun after July 3, 1974, to contain an automatic fire sprinkler system on each floor.
101.14(4)(b)2.a.a. Subdivision 1r. does not apply to any open parking structure, as defined by the department.
101.14(4)(b)2.b.
b. If the department determines that water would cause irreparable damage and undue economic loss if discharged in such places or buildings, it shall require a suppression device which has a substance other than water.
101.14(4)(b)2.c.
c. Except as provided in
subd. 3.,
subd. 1r. does not apply to any building over 60 feet in height the construction of which is completed or is begun prior to July 3, 1974.
101.14(4)(b)3.
3. The rules of the department shall require all of the following:
101.14(4)(b)3.a.
a. Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin System to contain an automatic fire sprinkler system on each floor by January 1, 2006, except that those rules shall not apply to Ogg Residence Hall at the University of Wisconsin-Madison until January 1, 2008.
101.14(4)(b)3.b.
b. Every residence hall and dormitory, the initial construction of which is begun on or after April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin System to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.
101.14(4)(b)3.c.
c. Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System, to contain an automatic fire sprinkler system on each floor by January 1, 2014.
101.14(4)(b)3.d.
d. Every residence hall and dormitory, the initial construction of which is begun on or after January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System, to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.
101.14(4)(b)3.e.
e. Every student residential facility operated by a fraternity, sorority, or other organization authorized or sponsored by an institution of higher education, the initial construction of which was begun before January 7, 2006, and every private student residential building over 60 feet in height, the initial construction of which was begun before January 7, 2006, to contain an automatic fire sprinkler system on each floor by January 1, 2014.
