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.
101.14(4)(b)3.f.
f. 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 is begun on or after January 7, 2006, and every private student residential building, the initial construction of which is begun on or after January 7, 2006, to have an automatic fire sprinkler system installed on each floor at the time the facility is constructed.
101.14(4)(c)
(c) The rules of the department governing such places and buildings under 60 feet in height shall be based upon but may vary from those provisions in the International Code Council, Inc., building code which relate to fire detection, prevention and suppression in public buildings and places of employment.
101.14(4)(d)
(d) To the extent that the historic building code applies to the subject matter of this subsection, each qualified historic building, as defined under
s. 101.121 (2) (c), is exempt from this subsection if the owner elects to be subject to
s. 101.121.
101.14(4)(dm)
(dm) Each building required by rule under this subsection to contain fire detection, prevention and suppression devices shall have the necessary devices installed at the time of its construction.
101.14(4)(e)
(e) Whoever violates this subsection may be fined not less than $100 but not more than $500 for each day of violation.
101.14(4)(f)
(f) The department may inspect all buildings covered by this subsection and may issue such orders as may be necessary to assure compliance with it.
101.14(4)(g)2.
2. "Fire detection, prevention and suppression devices" include but are not limited to manual fire alarm systems, smoke and heat detection devices, fire extinguishers, standpipes, automatic fire suppression systems and automatic fire sprinkler systems.
101.14(4m)(a)4.
4. "Nondwelling unit portions" means the common use areas of a multifamily dwelling, including corridors, stairways, basements, cellars, vestibules, atriums, community rooms, laundry rooms or swimming pool rooms.
101.14(4m)(a)5.
5. "Political subdivision" means a county, city, village or town.
101.14(4m)(a)5m.
5m. "Two-hour fire resistance" means 2-hour fire separations for all walls that separate dwelling units, exit corridors and exit stair enclosures and for all floors and ceilings, so that the specified walls, floors and ceilings are capable of resisting fire for a period not shorter than 2 hours.
101.14(4m)(am)
(am) A political subdivision may enact ordinances, as provided in this paragraph, that require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling. Any ordinance enacted under this paragraph shall meet the standards established under
pars. (b) and
(c) or under
pars. (d) and
(e).
101.14(4m)(b)
(b) The department shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that contains any of the following:
101.14(4m)(b)1.
1. Total floor area, for all individual dwelling units, exceeding 16,000 square feet.
101.14(4m)(b)3.
3. Total floor area of its nondwelling unit portions exceeding the limits established in
par. (c).
101.14(4m)(c)
(c) An automatic fire sprinkler system or 2-hour fire resistance is required under
par. (b) in a multifamily dwelling constructed by any of the following types of construction if the total floor area of the nondwelling unit portions in the multifamily dwelling exceeds the following:
101.14(4m)(c)3.
3. Type 3 metal frame protected construction, 8,000 square feet.
101.14(4m)(c)6.
6. Type 5B exterior masonry unprotected, 5,600 square feet.
101.14(4m)(c)8.
8. Type 7 wood frame protected construction, 5,600 square feet.
101.14(4m)(c)9.
9. Type 8 wood frame unprotected construction, 4,800 square feet.
101.14(4m)(d)
(d) A political subdivision's ordinances, enacted to meet the requirements of this paragraph and
par. (e), shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that contains any of the following:
101.14(4m)(d)1.
1. Total floor area, for all individual dwelling units, exceeding 8,000 square feet.
