101.16(5)(c)1.
1. A retail supplier who only fills department of transportation cylinders.
101.16(5)(c)2.
2. A retail supplier who only fills containers for engine and recreational vehicle fueling systems.
101.16(5)(cm)
(cm) Except as provided in
par. (cn), any retail supplier who intentionally violates
sub. (3g) or
(3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $500 nor more than $1,000 for the first offense and not less than $2,000 nor more than $5,000 for each subsequent offense.
101.16(5)(cn)
(cn) Any retail supplier who only fills department of transportation cylinders or containers for engine and recreational vehicles and who intentionally violates
sub. (3g) or
(3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $200 nor more than $400 for the first offense and not less than $800 nor more than $2,000 for each subsequent offense.
101.16(5)(d)
(d) If a retail supplier is found in violation of
sub. (3g) or
(3r), the court shall require that the retail supplier cease distributing liquefied petroleum gas at retail until the retail supplier is issued the license required under
sub. (3g).
101.16(5m)(a)(a) Any retail supplier who is licensed under
sub. (3g) and who suffers damages caused by the filling of a container that is not a department of transportation cylinder by another retail supplier who is not so licensed may bring an action against the unlicensed retail supplier to do any of the following:
101.16(5m)(a)1.
1. Enjoin the unlicensed retail supplier from distributing liquefied petroleum gas at retail until the retail supplier receives the required license.
101.16(5m)(a)2.
2. Receive monetary damages equal to 3 times the amount of any monetary loss sustained or $2,000, whichever is greater, multiplied by each day that the unlicensed supplier is not licensed under
sub. (3g).
101.16(5m)(b)
(b) Notwithstanding
s. 814.04 (1), a retail supplier who prevails in an action under
par. (a) shall be awarded reasonable attorney fees.
101.16(5m)(c)
(c) An action under this subsection shall be commenced within 180 days after the cause of action accrues or be barred.
101.16(6)
(6) Exemption. This section does not apply to railroads engaged in interstate commerce or to equipment used by them.
101.16 History
History: 1971 c. 185 s.
1; Stats. 1971 s. 101.16;
2007 a. 203;
2009 a. 180;
2011 a. 209;
2011 a. 260 s.
81.
101.16 Cross-reference
Cross-reference: See also ss.
SPS 305.73 and
340.40, Wis. adm. code.
101.17
101.17
Machines and boilers, safety requirement. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employees and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with this subchapter. Any person violating this section shall be subject to the forfeitures provided in
s. 101.02 (12) and
(13).
101.17 History
History: 1971 c. 185 ss.
1,
7;
1971 c. 228 ss.
19,
43; Stats. 1971 s. 101.17;
1995 a. 27.
101.175
101.175
Local energy resource systems. 101.175(1)(a)
(a) "Local energy resource system" means a solar energy system, a wind energy system or a wood energy system.
101.175(1)(b)
(b) "Solar energy system" means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.
101.175(1)(c)
(c) "Wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy.
101.175(1)(d)
(d) "Wood energy system" means woodburning stove or furnace.
101.175(1m)
(1m) The purpose of this section is to establish statewide local energy resource system standards to promote accurate consumer evaluation of local energy resource systems and components thereof.
101.175(2)
(2) Any manufacturer or retailer prior to the sale in this state of any local energy resource system or components thereof may request the department to issue a seal of quality for each system or component which meets or exceeds the quality standards established by the department under
sub. (4).
101.175(3)
(3) The department, in consultation with the department of agriculture, trade and consumer protection, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:
101.175(3)(a)
(a) Promote accurate consumer evaluation of local energy resource systems and components thereof.
101.175(3)(b)
(b) Conform, where feasible, with national performance standards promulgated or recognized by the federal government for local energy resource systems.
101.175(3)(c)
(c) Promote the production, marketing and installation of local energy resource systems.
101.175(4)
(4) The quality standards under
sub. (3) shall include but are not limited to:
101.175(4)(a)
(a) The requirement of a warranty and minimum requirements for the contents thereof.
101.175(4)(b)
(b) The requirement of an operation and maintenance manual and minimum requirements for the contents thereof.
101.175(4)(c)
(c) Minimum specifications for materials, workmanship, durability and efficiency.
101.175(5)
(5) Upon request by any manufacturer or retailer of any local energy resource system or components thereof which meet or exceed the quality standards established under
sub. (4), the department shall issue an appropriate seal of quality. The department may charge a fee to cover the cost of the seal and to cover the cost of examining the system or its components.
101.175(6)
(6) Misrepresentation, misuse or duplication of the department seal of quality issued under
sub. (5) shall be deemed deceptive advertising under
s. 100.18 (9m).
101.175(7)
(7) At the request of any buyer of a local energy resource system the department may inspect any local energy resource system necessary to ascertain compliance with this section.
101.175 Cross-reference
Cross-reference: See also ch.
SPS 371, Wis. adm. code.
101.178
101.178
Installation and servicing of heating, ventilating and air conditioning equipment. 101.178(1)
(1) In this section, "political subdivision" means a city, village, town or county.
101.178(2)
(2) No person may engage in the business of installing or servicing heating, ventilating or air conditioning equipment unless the person registers with the department.
101.178(3)(a)(a) The department shall promulgate rules for a voluntary program under which a person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment may obtain certification by passing an examination developed or selected by the department.
101.178(3)(b)
(b) A political subdivision may not require a person to obtain certification under
par. (a) in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in that political subdivision unless all of the following apply:
101.178(3)(b)1.
1. On April 23, 1994, the political subdivision requires certification, licensure or other approval by the political subdivision in order to engage in that business in the political subdivision.
101.178(3)(b)2.
2. The political subdivision allows a person who has the approval under
subd. 1. on April 23, 1994, to continue to engage in that business in the political subdivision without obtaining certification under
par. (a).
101.178(3)(c)
(c) A political subdivision may not require a person who is certified under
par. (a) to obtain certification, licensure or other approval by the political subdivision in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in that political subdivision.
101.178(3)(d)
(d) A political subdivision may not require a person to obtain certification, licensure or other approval by the political subdivision in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in the political subdivision unless the political subdivision requires that approval before November 1, 1993.
101.178(4)
(4) The department may establish fees to cover the costs of administering this section.
101.178(5)
(5) Any person who violates
sub. (2) shall be required to forfeit not less than $50 nor more than $1,000. Each installation or servicing in violation of
sub. (2) constitutes a separate violation.
101.178 History
History: 1993 a. 243.
101.18
101.18
Electric fences. The department shall ascertain, fix and order such reasonable standards, rules or regulations for the erection, construction, repair and maintenance of electric fences as shall render them safe.
101.18 History
History: 1971 c. 185 s.
1;
1971 c. 228; Stats. 1971 s. 101.18.
101.19
101.19
Fees and records. 101.19(1b)(a)
(a) "Amusement attraction" means any game of skill, show, or exhibition that does not constitute an amusement or thrill ride entertainment device.
101.19(1b)(b)
(b) "Amusement or thrill ride" means any device that carries frequenters in an unusual, entertaining or thrilling mode of motion or any vehicle providing entertainment or transportation to, from or within an amusement area.
101.19(1g)
(1g) The department, by rule promulgated under
ch. 227, shall fix and collect fees which shall, as closely as possible, equal the cost of providing the following services:
101.19(1g)(a)
(a) The examination of plans for public buildings, public structures, places of employment and the components thereof.
101.19(1g)(b)
(b) The required inspection of boilers, pressure vessels, refrigeration plants, liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.
101.19(1g)(c)
(c) Determining and certifying the competency of inspectors, blasters and welders.
101.19(1g)(d)
(d) Each inspection of a facility conducted to ensure that the construction is in accordance with the plans approved by the department.
101.19(1g)(f)
(f) Administration of the manufactured dwelling program, the one- and two-family dwelling programs, the manufactured home and mobile home program, and the multifamily dwelling program.
101.19(1g)(h)
(h) Inspections of mines, tunnels, quarries, pits and explosives.
101.19(1g)(k)
(k) Administering
subch. VII, except that the department may not charge a fee for an emergency elevator mechanic's license under
s. 101.985 (2) (c).
101.19(1m)
(1m) The department shall collect an annual fee of $20 for issuing a license under
s. 101.16 (3g) to a retail supplier who only fills department of transportation cylinders.
101.19(1r)
(1r) Notwithstanding
subs. (1g) and
(1m), the department shall waive any fee imposed on an individual who is eligible for the veterans fee waiver program under
s. 45.44 for a license, permit, or certificate of certification or registration issued by the department under
ss. 101.09 (3) (c),
101.122 (2) (c),
101.143 (2) (g),
101.147,
101.15 (2) (e),
101.16 (3g),
101.17,
101.177 (4) (a),
101.178 (2) or
(3) (a),
101.63 (2) or
(2m),
101.653,
101.73 (5) or
(6),
101.82 (1m),
(1v), and
(2),
101.935,
101.95,
101.951,
101.952,
101.985 (1) to
(3),
145.02 (4),
145.035,
145.045,
145.07 (12),
145.15,
145.16,
145.165,
145.17,
145.175,
145.18, or
167.10 (6m).
101.19 Note
Note: Section 101.177 was repealed. Corrective legislation is pending.
101.19(2)
(2) The department shall issue and record required certificates of inspection or of registration for equipment listed in
sub. (1g) (b).
101.19 Cross-reference
Cross-reference: See also chs.
SPS 302 and
361, Wis. adm. code.
101.211
101.211
Lunchrooms. The department shall require a suitable space in which lunches may be eaten in any place of employment if found by the department to be reasonably necessary for the protection of the life, health, safety and welfare of employees therein.
101.211 History
History: 1971 c. 185 s.
1;
1971 c. 228 s.
42; Stats. 1971 s. 101.211;
1977 c. 29.
101.31
101.31
Construction career academy grant program. 101.31(1)(1) The department shall award grants to eligible organizations that operate a construction career academy that provides high school pupils with training in construction-related careers.
