101.14 Cross-reference
Cross-reference: See also chs.
Comm 14 and
62, Wis. adm. code.
101.14 Annotation
Inspection of buildings for safety and fire prevention purposes under s. 101.14 does not involve a quasi-judicial function within meaning of s. 895.43 (3) [now 893.80 (4)]. Coffey v. Milwaukee,
74 Wis. 2d 526,
247 N.W.2d 132 (1976).
101.14 Annotation
Sub. (4m) (b) limits the authority of the department of commerce under s. 101.02 (15) and sub. (4) (a) only insofar as it mandates the department to require sprinkler systems in multifamily dwellings that exceed twenty units or the specified floor area. Sub. (4m) (b) plainly does not restrict the authority of the department under other statutory provisions to promulgate rules requiring fire protection devices in multifamily dwellings that have fewer dwelling units or a smaller floor area than that specified in the statute. Wisconsin Builders Association v. Department of Commerce, 2009 WI App 20,
316 Wis. 2d 301,
762 N.W.2d 845,
08-1438.
101.141
101.141
Record keeping of fires. 101.141(1)
(1) Each city, village, and town fire department shall file a report for each fire that involves a building and that occurs within the boundaries of the city, village, or town with the U.S. fire administration for placement in the fire incident reporting system maintained by the U.S. fire administration. The report shall be filed within 60 days after the fire occurs.
101.141(2)
(2) Each report filed under
sub. (1) shall include all of the following information:
101.141(2)(b)
(b) The purpose for which the building was used at the time of the fire.
101.141(2)(c)
(c) If the building was used as a home, whether the building was a multifamily dwelling complex, a single-family dwelling, or a mixed-use building with one or more dwelling units.
101.141(2)(d)
(d) The number of dwelling units in the building, if the building was a multifamily dwelling complex or a mixed-use building.
101.141(2)(e)
(e) Whether the building had an automatic fire sprinkler system at the time of the fire and, if so, whether the system was operational.
101.141(2)(f)
(f) Whether the building had a fire alarm system at the time of the fire and, if so, whether the system was operational.
101.141(2)(gg)
(gg) An estimate of the amount of damages to the building as a result of the fire.
101.141(2)(gm)
(gm) The number of human deaths due to the fire, if any.
101.141(2)(gr)
(gr) The number of human injuries due to the fire, if any.
101.141(2)(h)
(h) Any other relevant information concerning the building, as determined by the fire department.
101.141(3)
(3) The department may review, correct, and update any report filed by a fire department under this section.
101.141 History
History: 1975 c. 224;
2007 a. 75.
101.142
101.142
Inventory of petroleum product storage tanks. 101.142(1)(a)
(a) "Petroleum product" means materials derived from petroleum, natural gas or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases and petrochemicals.
101.142(1)(b)
(b) "Storage tank" means an enclosed container with a capacity in excess of 60 gallons which is used to hold a petroleum product, regardless of the duration of storage and which is intended for use as a fixed, rather than as a portable, installation.
101.142(2)
(2) Inventory of storage tanks. The department shall undertake a program to inventory and determine the location of aboveground storage tanks and underground storage tanks. The department may require its deputies and any person engaged in the business of distributing petroleum products to provide information on the location of aboveground storage tanks and underground storage tanks. The department shall develop uniform procedures for reporting the location of aboveground storage tanks and underground storage tanks.
101.142 Cross-reference
Cross-reference: See also s.
Comm 47.11, Wis. adm. code.
101.143
101.143
Petroleum storage remedial action; financial assistance. 101.143(1)(ad)
(ad) "Bodily injury" does not include those liabilities which are excluded from coverage in liability insurance policies for bodily injury other than liabilities excluded because they are caused by a petroleum product discharge from a petroleum product storage system.
101.143(1)(am)
(am) "Case closure letter" means a letter provided by the department of natural resources that states that, based on information available to the department of natural resources, no further remedial action is necessary with respect to a discharge.
101.143(1)(cm)
(cm) "Home oil tank system" means an underground home heating oil tank used for consumptive use on the premises together with any on-site integral piping or dispensing system.
101.143(1)(cq)
(cq) "Natural attenuation" means the reduction in the concentration and mass of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes.
101.143(1)(cs)
(cs) "Occurrence" means a contiguous contaminated area resulting from one or more petroleum products discharges.
101.143(1)(d)1.
1. A person who operates a petroleum product storage system, regardless of whether the system remains in operation and regardless of whether the person operates or permits the use of the system at the time environmental pollution occurs.
101.143(1)(d)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
101.143(1)(e)1.
1. A person who owns, or has possession or control of, a petroleum product storage system, or who receives direct or indirect consideration from the operation of a system regardless of whether the system remains in operation and regardless of whether the person owns or receives consideration at the time environmental pollution occurs.
101.143(1)(e)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
101.143(1)(f)
(f) "Petroleum product" means gasoline, gasoline-alcohol fuel blends, kerosene, fuel oil, burner oil, diesel fuel oil or used motor oil.
101.143(1)(fg)
(fg) "Petroleum product storage system" means a storage tank that is located in this state and is used to store petroleum products together with any on-site integral piping or dispensing system. The term does not include pipeline facilities; tanks of 110 gallons or less capacity; residential tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale; farm tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale, except as provided in
sub. (4) (ei); tanks used for storing heating oil for consumptive use on the premises where stored, except for heating oil tanks owned by school districts and heating oil tanks owned by technical college districts and except as provided in
sub. (4) (ei); or tanks owned by this state or the federal government.
101.143(1)(g)
(g) "Program year" means the period beginning on August 1, and ending on the following July 31.
101.143(1)(gm)
(gm) "Property damage" does not include those liabilities that are excluded from coverage in liability insurance policies for property damage, other than liability for remedial action associated with petroleum product discharges from petroleum product storage systems. "Property damage" does not include the loss of fair market value resulting from contamination.
101.143(1)(gs)
(gs) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which a claim for reimbursement has been or will be filed under this section, or a subcontractor of such a person.
101.143(1)(h)
(h) "Subsidiary or parent corporation" means a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long-term contractual arrangement with a person to avoid direct responsibility for conditions at a petroleum product storage system site.
101.143(1)(hm)
(hm) "Terminal" means a petroleum product storage system that is itself connected to a pipeline facility, as defined in
49 USC 60101 (18) or is one of a number of connected petroleum product storage systems at least one of which is connected to a pipeline facility, as defined in
49 USC 60101 (18).
101.143(1)(i)
(i) "Underground petroleum product storage tank system" means an underground storage tank used for storing petroleum products together with any on-site integral piping or dispensing system with at least 10% of its total volume below the surface of the ground.
101.143(1m)
(1m) Rules concerning 3rd-party compensation. The commissioner of insurance shall promulgate rules defining "liabilities which are excluded from coverage in liability insurance policies for bodily injury" and "liabilities which are excluded from coverage in liability insurance policies for property damage" for the purposes of
sub. (1) (ad) and
(gm). The definitions shall be consistent with standard insurance industry practices.
101.143(2)
(2) Powers and duties of the department. 101.143(2)(b)(b) The department shall promote the program under this section to persons who may be eligible for awards under this section.
101.143(2)(c)
(c) The department shall keep records and statistics on the program under this section and shall periodically evaluate the effectiveness of the program.
101.143(2)(d)
(d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under
s. 20.143 (3) (v) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.
101.143(2)(e)
(e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under
sub. (3) (ae),
(ah),
(am) and
(ap) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under
sub. (4) after December 31, 1995.
101.143(2)(em)1.1. The department may promulgate rules that specify a fee that must be paid by a service provider as a condition of submitting a bid to conduct an activity under
sub. (3) (c) for which a claim for reimbursement under this section will be submitted. Any fees collected under the rules shall be deposited into the petroleum inspection fund.
101.143(2)(em)2.
2. If the department promulgates rules under
subd. 1., the department may purchase, or provide funding for the purchase of, insurance to cover the amount by which the costs of conducting activities under
sub. (3) (c) exceed the amount bid to conduct those activities.
101.143(2)(f)
(f) The department shall promulgate a rule establishing a priority system for paying awards under
sub. (4) for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.
101.143(2)(g)
(g) The department may promulgate, by rule, requirements for the certification or registration of persons who provide consulting services to owners and operators who file claims under this section. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
101.143(2)(h)
(h) The department of commerce and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:
101.143(2)(h)1.
1. Information that must be submitted under this section, including quarterly summaries of costs incurred with respect to a discharge for which a claim is intended to be submitted under
sub. (3) but for which a final claim has not been submitted.
101.143(2)(h)3.
3. Review procedures that must be followed by employees of the department of natural resources and the department of commerce in reviewing the information submitted under
subd. 1.
101.143(2)(i)
(i) The department of commerce and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of commerce and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following:
101.143(2)(i)1.
1. Annual reviews that include application of the method in the rules promulgated under
sub. (2e) (b) to determine the risk posed by discharges that are the subject of the remedial actions.
101.143(2)(i)2.
2. Annual reports by consultants estimating the additional costs that must be incurred to comply with
sub. (3) (c) 3. and with enforcement standards.
101.143(2)(i)3.
3. A definition of "reasonable time" for the purpose of determining whether natural attenuation may be used to achieve enforcement standards.
101.143(2)(i)4.
4. Procedures to be used to measure concentrations of contaminants.
101.143(2)(j)
(j) The department of commerce and the department of natural resources, jointly, shall promulgate rules specifying all of the following:
101.143(2)(j)1.
1. The conditions under which employees of the department of commerce and the department of natural resources must issue approvals under
sub. (3) (c) 4.
101.143(2)(j)2.
2. Training and management procedures to ensure that employees comply with the requirements under
subd. 1.
101.143(2)(k)
(k) In promulgating rules under
pars. (h) to
(j), the department of commerce and the department of natural resources shall attempt to reach an agreement that is consistent with those provisions. 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
pars. (h) to
(j). The department of commerce and the department of natural resources, jointly, 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.
101.143(2)(L)
(L) The department may promulgate rules for the assessment and collection of fees to recover its costs for providing approval under
sub. (3) (c) 4. and for providing other assistance requested by applicants under this section. Any moneys collected under this paragraph shall be credited to the appropriation account under
s. 20.143 (3) (Lm).
101.143(2e)(a)(a) The department of commerce and the department of natural resources shall attempt to agree on a method, which shall include individualized consideration of the routes for migration of petroleum product contamination at each site, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce receives notification under
sub. (3) (a) 3.
101.143(2e)(b)
(b) If the department of commerce and the department of natural resources are unable to reach an agreement under
par. (a), 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
par. (a). The department of commerce and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under
par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
101.143(2e)(c)
(c) The department of natural resources or, if the discharge is covered under
s. 101.144 (2) (b), the department of commerce shall apply the method in the rules promulgated under
par. (b) to determine the risk posed by a discharge for which the department of commerce receives notification under
sub. (3) (a) 3.
101.143(2m)
(2m) Interdepartmental coordination. Whenever the department of commerce receives a notification under
sub. (3) (a) 3. or the department of natural resources receives a notification of a petroleum product discharge under
s. 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.
101.143(3)
(3) Claims for petroleum product investigation, remedial action planning and remedial action activities. 101.143(3)(a)(a)
Who may submit a claim. Subject to
pars. (ae),
(ah),
(am) and
(ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under
sub. (4) to reimburse the owner or operator or the person for the eligible costs under
sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:
101.143(3)(a)1.
1. The owner or operator or the person is able to document that the source of a discharge is from a petroleum product storage system or home oil tank system.
101.143(3)(a)3.
3. The owner or operator or the person notifies the department, before conducting a site investigation or remedial action activity, of the discharge and the potential for submitting a claim under this section, except as provided under
par. (g).
101.143(3)(a)4.
4. The owner or operator registers the petroleum product storage system or the home oil tank system is registered with the department under
s. 101.09.
101.143(3)(a)5.
5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency management in the department of military affairs or to the department of natural resources, according to the requirements under
s. 292.11.
101.143(3)(a)6.
6. The owner or operator or the person investigates the extent of environmental damage caused by the petroleum product storage system or home oil tank system.
101.143(3)(a)7.
7. The owner or operator or the person recovers any recoverable petroleum products from the petroleum products storage system or home oil tank system.
