101.647(1)(b)
(b) “Fuel-burning appliance" means a device that is installed in a dwelling, that burns fossil fuel or carbon-based fuel, and that produces carbon monoxide as a combustion by-product.
101.647(2)
(2) Installation and safety certification. The owner of a dwelling shall install any carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector. A carbon monoxide detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark and may be a device that is combined with a smoke detector.
101.647(3)(a)(a) The owner of a dwelling shall install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. A carbon monoxide detector wired to the dwelling's electrical wiring system shall have a backup battery power supply. Except as provided under
par. (b), the occupant of the dwelling unit shall maintain any carbon monoxide detector in that unit. This paragraph does not apply to the owner of a dwelling that has no attached garage, no fireplace, and no fuel-burning appliance.
101.647(3)(am)1.1. If the building permit for the initial construction of a dwelling was issued on or after February 1, 2011, and the electrical service for the dwelling is provided by a public utility, as defined in
s. 196.01 (5), the owner of the dwelling shall install each carbon monoxide detector required under
par. (a) so that it is powered by the dwelling's electrical wiring system, except as provided under
subd. 2.
101.647(3)(am)2.
2. The requirement that each carbon monoxide detector be installed in the manner provided under
subd. 1. does not apply to a dwelling if the dwelling, when initially constructed, had no attached garage, no fireplace, and no fuel-burning appliance.
101.647(3)(b)
(b) If any occupant who is not the owner of a dwelling, or any person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property, gives written notice to the owner that the carbon monoxide detector is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional.
101.647(4)
(4) Inspection. The department or person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property may inspect new dwellings and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section.
101.647(5)
(5) Liability exemption. The owner of a dwelling is not liable for damages resulting from any of the following:
101.647(5)(a)
(a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling.
101.647(5)(b)
(b) 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 of the dwelling or the result of a faulty detector that was reasonably maintained by the owner of the dwelling.
101.647(6)
(6) 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.
101.647 History
History: 2009 a. 158;
2015 a. 55.
101.647 Cross-reference
Cross-reference: See also ch.
SPS 328, Wis. adm. code.
101.648
101.648
Waiver; smoke detector and carbon monoxide detector requirements; plumbing and electrical standards. 101.648(1)(a)
(a) “Building permit" means a permit that authorizes the construction or occupancy of a one- or 2-family dwelling.
101.648(1)(b)
(b) “Dwelling construction standard" means a requirement imposed under
s. 101.645 (3) or
101.647 (3) or a requirement imposed under any provision of
ch.101 or
145 or under any ordinance of a political subdivision relating to standards for electrical wiring or plumbing in one- and 2-family dwellings.
101.648(1)(c)
(c) “Political subdivision" means a city, village, town, or county.
101.648(2)
(2) Except as provided in
sub. (9), a person who is issued a waiver from a requirement to comply with a dwelling construction standard under this section is not required to comply with that standard.
101.648(3)(a)(a) Except as provided in
par. (b), a person is eligible to obtain a waiver from the requirement to comply with a dwelling construction standard if the person submits a signed application form requesting the waiver to the political subdivision that is responsible for issuing building permits for dwellings. The application shall include an attachment containing the address or other identifying information that describes the location of the dwelling and specifying the dwelling construction standard from which the person seeks a compliance waiver.
101.648(3)(b)
(b) If the department issues building permits for dwellings in a political subdivision, a person applying for the waiver shall submit the application to the department.
101.648(4)
(4) The department shall prescribe and furnish a waiver application form to each political subdivision that issues building permits for dwellings. The form shall be written in simple and plain language and shall list, in a check-off format, each of the following statements:
101.648(4)(a)
(a) The person's religious beliefs and the established tenets or teachings of the religious sect of which the person is a member conflict with one or more dwelling construction standards.
101.648(4)(b)
(b) The dwelling for which the waiver is requested will be used solely as a residence for the person or members of the person's household.
101.648(4)(c)
(c) The waiver is requested based upon the long-established tenets and teachings of the religious sect of which the person is a member and the religious sect did not establish these tenets and teachings solely to avoid compliance with dwelling construction standards.
101.648(4)(d)
(d) The person agrees to modify the dwelling for which the waiver is requested to comply with dwelling construction standards if the person ceases to adhere to the tenets or teachings of the religious sect of which the person is a member and upon which the waiver is requested.
101.648(5)
(5) A political subdivision that issues building permits and that receives a completed and signed waiver application form shall promptly issue a waiver to the applicant if all of the following apply:
101.648(5)(a)
(a) The political subdivision has no reason to believe that the statements provided by the applicant on the waiver application form are untrue.
101.648(5)(b)
(b) The political subdivision is satisfied that the waiver will not result in an unreasonable risk of harm to public health or safety.
101.648(5)(c)
(c) The waiver specifies those dwelling construction standards with which the applicant is not required to comply.
101.648(6)
(6) A political subdivision that finds that an applicant is not entitled to receive a waiver under this section shall promptly notify the department of its finding together with a description of the political subdivision's basis for its finding. If the department agrees with the political subdivision's finding, it shall deny the waiver and notify the applicant that the waiver is denied. If the department disagrees with the political subdivision's finding, it shall issue the waiver to the applicant and notify the political subdivision that the department has issued the waiver. Upon receipt of the notice, the political subdivision shall waive the applicant's requirement to comply with the dwelling construction standards specified in the waiver.
101.648(7)
(7) A person is entitled to obtain a waiver under this section before, during, or after construction of a one- or 2-family dwelling.
101.648(8)
(8) Neither a municipality nor the department may charge a person a fee to apply for or to receive a waiver under this section.
101.648(9)
(9) A waiver issued under this section is invalid if the political subdivision that issued the waiver or the department find that any of the following applies:
101.648(9)(a)
(a) A statement on the waiver form submitted by the person to whom the waiver was issued is untrue.
101.648(9)(b)
(b) The basis upon which the waiver was issued no longer applies.
101.648(9)(c)
(c) The dwelling is occupied by a person who does not hold the religious beliefs that form the basis for issuing the waiver.
101.648(10)
(10) Neither the department nor a political subdivision may take any enforcement action, nor proceed with any enforcement action initiated on or before July 14, 2015, against a person with respect to a dwelling construction standard if the person has a valid waiver issued under this section that waives compliance with the requirement.
101.648 History
History: 2015 a. 55.
101.65
101.65
Municipal authority. Except as provided by
s. 101.651, cities, villages, towns and counties:
101.65(1)(a)
(a) Exercise jurisdiction over the construction and inspection of new dwellings by passage of ordinances, provided such ordinances meet the requirements of the one- and 2-family dwelling code adopted in accordance with this subchapter. Except as provided by
s. 101.651, a county ordinance shall apply in any city, village or town which has not enacted such ordinance.
101.65(1)(c)
(c) By ordinance establish and collect fees to defray the cost of jurisdiction exercised under
par. (a) or
(b).
101.65(1)(d)
(d) By ordinance provide remedies and penalties for violation of the jurisdiction exercised under
par. (a) or
(b).
101.65(1m)
(1m) May not issue a building permit to a person who is required to be certified under
s. 101.654 unless that person, on applying for a building permit, produces a certificate issued by the department or other evidence satisfactory to the department showing that the person is in compliance with
s. 101.654.
101.65(1r)
(1r) Shall require an owner who applies for a building permit to sign a statement advising the owner that if the owner hires a contractor to perform work under the building permit and the contractor is not bonded or insured as required under
s. 101.654 (2) (a), the following consequences might occur:
101.65(1r)(a)
(a) The owner may be held liable for any bodily injury to or death of others or for any damage to the property of others that arises out of the work performed under the building permit or that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.
101.65(1r)(b)
(b) The owner may not be able to collect from the contractor damages for any loss sustained by the owner because of a violation by the contractor of the one- and 2-family dwelling code or an ordinance enacted under
sub. (1) (a), because of any bodily injury to or death of others or damage to the property of others that arises out of the work performed under the building permit or because of any bodily injury to or death of others or damage to the property of others that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.
101.65(2)
(2) Shall contract with the department for those inspection services which the municipality does not perform or contract for under
sub. (1) (a) or
(b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services pursuant to
s. 101.63 (9).
101.65(3)
(3) Shall use the standard building permit form prescribed and furnished by the department.
101.65(4)
(4) Not later than the 15th day of the first month beginning after issuance of each building permit, electronically file a copy of the permit with the department. If a city, village, town, or county fails to file with the department an electronic copy of an issued permit not later than the last day of the first month beginning after the issuance of the permit, the city, village, town, or county shall refund to the person to whom the building permit was issued an amount equal to the difference between the amount paid by that person to the respective city, village, town, or county for that permit and the portion of the permit fee remitted by the city, village, town, or county to the department, if any. This subsection first applies to a city, village, town, or county beginning on the date the city, village, town, or county begins implementation of the system required under
s. 101.63 (7m).
101.65 Cross-reference
Cross-reference: See also s.
SPS 320.06, Wis. adm. code.
101.651
101.651
Special requirements for smaller municipalities. 101.651(1)(1)
Definition. In this section, “municipality" means a city, village or town with a population of 2,500 or less.
101.651(2m)
(2m) Enforcement options. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under
s. 101.65 (1) (a) or shall exercise the jurisdiction granted under
s. 101.65 (1) (a) jointly under
s. 101.65 (1) (b), unless any of the following conditions are met:
101.651(2m)(a)
(a) The municipality adopts a resolution requesting under
sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under
s. 101.65 (1) (a).
101.651(2m)(c)
(c) Under
sub. (3) (b), the department enforces this subchapter throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter.
101.651(3)
(3) Departmental and county authority in municipalities; generally. 101.651(3)(a)(a) Except as provided in
par. (b), the department or a county may not enforce this subchapter or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the department or a county authority with respect to any other dwelling. Costs shall be collected under
s. 101.65 (1) (c) or
ss. 101.63 (9) and
101.65 (2) from a person or municipality making a request under this subsection.
101.651(3)(b)
(b) The department shall provide inspection services and shall enforce this subchapter throughout any municipality that does not exercise jurisdiction under
sub. (2m) and that has not adopted a resolution under
sub. (2m) (a).
101.651(4)
(4) Data relating to housing starts in municipalities. Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department.
101.651(5)
(5) Effect of section on certain laws. This section does not affect the applicability of rules or an ordinance adopted under this subchapter to builders, designers and owners of dwellings located in a municipality.
101.653
101.653
Construction site erosion control. 101.653(1)
(1)
Definition. In this section, “best management practices" means practices, techniques or measures that the department determines to be effective means of preventing or reducing pollutants of surface water generated from construction sites.
101.653(2)
(2) Soil erosion prevention rules. The department shall promulgate rules that establish standards for practices to prevent soil erosion related to the construction of one- and 2-family dwellings, subject to all of the following requirements:
101.653(2)(a)
(a) At a minimum, the rules shall require the use of best management practices.
101.653(2)(b)
(b) The rules shall require the use of more restrictive or additional practices on an area with a slope that is greater than 12 percent.
101.653(2m)
(2m) Rules for administration. The department shall promulgate rules for the administration of construction site erosion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of building permits and the collection and distribution of fees.
101.653(4)
(4) Applicability of local subdivision regulation. All powers granted to a county, city, village or town under
s. 236.45 may be exercised by it with respect to construction site erosion control regulation if the county, city, village or town has or provides a planning commission or agency.
101.653(5)
(5) Municipal responsibilities; department review. 101.653(5)(a)(a) Each city, village, town or county that enforces those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion shall do all of the following:
101.653(5)(a)1.
1. Obtain the services of an inspector certified to conduct all inspections related to the soil erosion control standards under this section.
101.653(5)(a)2.
2. Obtain the services of a plan reviewer certified to review all erosion control plans submitted under this section.
101.653(5)(a)3.
3. Review erosion control plans, conduct inspections of erosion control practices and enforce the requirements of this section as provided in
s. 101.65 (1) (d).
101.653(5)(a)4.
4. Complete the review of an erosion control plan no later than the 15th working day after the day that the erosion control plan is submitted.
101.653(5)(b)
(b) The department shall review the construction site erosion control program for one- and 2-family dwellings of each city, village, town or county that enforces those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion to ascertain compliance with
par. (a) and the rules promulgated under this section. This review shall include all of the following:
101.653(5)(b)1.
1. A performance audit of the erosion control program of the county, city, village or town.
101.653(5)(b)2.
2. A written determination by the department, issued every 3 years, of whether or not the county, city, village or town complies with
par. (a).
101.653(6m)
(6m) Review. The department and the department of natural resources shall enter into a memorandum of agreement that establishes a process for reviewing the standards established under
sub. (2), periodically updating those standards and reviewing the training program. The memorandum of understanding shall ensure that local officials and other persons interested in the standards established under
sub. (2) and the training program may participate in the process.
101.653(7)(a)(a) A county, city, village or town may submit orders to abate violations of those provisions of an ordinance enacted under
s. 101.65 (1) (a) related to construction site erosion to the district attorney, the corporation counsel or the attorney general for enforcement. The district attorney, the corporation counsel or the attorney general may enforce those orders.
101.653(7)(b)
(b) The department or a city, village, town or county may issue a special order directing the immediate cessation of work on a one- or 2-family dwelling until the necessary plan approval is obtained or until the site complies with the rules promulgated under
sub. (2).
