101.02 Cross-referenceCross-reference: See s. 66.0119 for a provision authorizing special inspection warrants. 101.02 AnnotationSafety rules promulgated under sub. (15) (h) applied to a frequenter of a new home construction site. Failure to instruct the jury that a violation of a safety standard constituted negligence per se was reversible error. Nordeen v. Hammerlund, 132 Wis. 2d 164, 389 N.W.2d 828 (Ct. App. 1986). 101.02 AnnotationEvery infrequent business-related activity in the home does not subject the homeowner to liability under the safe place statute. Geiger v. Milwaukee Guardian Insurance Co., 188 Wis. 2d 333, 524 N.W.2d 909 (Ct. App. 1994). 101.02 AnnotationThe local “minimum standards” that are preempted by sub. (7r) (a) are limited to building code standards. The test to determine whether a local ordinance imposes a standard that is effectively a building code standard is to inquire whether the local ordinance sets minimum standards that are meant to ensure that buildings are constructed, altered, or added to in such a way that they are structurally sound and are equipped with systems and components—whether electrical, gas, plumbing, mechanical, or some other—such that the buildings are safe for employees, frequenters, and the public. Courts must look at the specific content and purpose of the ordinance, bearing in mind the considerations that inform the statewide code. Associated Builders & Contractors of Wisconsin, Inc. v. City of Madison, 2023 WI App 59, 409 Wis. 2d 660, 998 N.W.2d 549, 22-1468. 101.02 AnnotationWhen an inspector determines that there is a violation of safety orders and a condition of extreme and imminent danger to a worker’s life exists, the inspector may seek the assistance of a local law enforcement officer. The local law enforcement officer has a duty to render assistance unless in the officer’s opinion other priority assignments take precedence. 59 Atty. Gen. 12.
101.02 AnnotationThe department’s authority to adopt rules covering the safety of frequenters engaged in recreational activities at youth camps is limited to orders relating to the construction of public buildings on the premises, but only as to the structural aspects thereof, and to places of employment, but only as to those camps operated for profit. 59 Atty. Gen. 35.
101.02 AnnotationThe department has the power to promulgate reasonable safety standards for the protection of employees while working in and around motor vehicles used on the job. 59 Atty. Gen. 181.
101.02 AnnotationThe department may inspect those parts of boarding homes designed for three or more persons where employees work or those used by the public, but not interiors of private dwellings. It has no authority to license or register boarding homes nor to charge an inspection fee based upon the number of beds or rooms. 62 Atty. Gen. 107.
101.02 AnnotationThe department cannot enact a rule that would alter the common law rights and duties of adjoining landowners with respect to lateral support, although the department may specify 30 days as the minimum safety period in which an excavating owner must give notice to a neighbor of an intent to excavate. 62 Atty. Gen. 287.
101.022101.022 Certain laws applicable to occupational licenses. Sections 440.03 (1), (3m), (4), (11m), and (13) (a), (am), and (b) 75., 440.05 (1) (a) and (2) (b), 440.075, 440.09 (2), 440.11, 440.12, 440.121, 440.13, 440.14, 440.15, 440.19, 440.20 (1), (3), (4) (a), and (5) (a), 440.205, 440.21, and 440.22, and the requirements imposed on the department under those statutes, apply to occupational licenses, as defined in s. 101.02 (1) (a) 2., in the same manner as those statutes apply to credentials, as defined in s. 440.01 (2) (a). 101.022 HistoryHistory: 2017 a. 331. 101.023101.023 Commercial building code council duties. The commercial building code council shall review the rules relating to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. The council shall consider and make recommendations to the department pertaining to these rules and any other matters related to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. In preparing rules under this chapter that relate to public buildings and to buildings that are places of employment, the department shall consult with the commercial building code council. 101.025101.025 Ventilation requirements for public buildings and places of employment. 101.025(1)(1) Notwithstanding s. 101.02 (1) (b) and (15), any rule that requires the intake of outside air for ventilation in public buildings or places of employment shall establish minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants, and other pertinent criteria determined by the department. The department shall set standards where the mandatory intake of outside air may be waived. The department may waive the requirement for the intake of outside air where the owner has demonstrated that the resulting air quality is equivalent to that provided by outdoor air ventilation. The department may not waive the mandatory intake of outside air unless smoking is prohibited in the building or place of employment. In this subsection, “smoking” means carrying any lighted tobacco product. 101.025(2)(2) In the case where the intake of outside air is waived, any person may file a written complaint with the department requesting the enforcement of ventilation requirements for the intake of outside air for a particular public building or place of employment. The complaints shall be processed in the same manner and be subject to the same procedures as provided in s. 101.02 (6) (e) to (i) and (8). 101.025(3)(3) The department may order the owner of any public building or place of employment which is the subject of a complaint under sub. (2) to comply with ventilation requirements adopted under sub. (1) unless the owner can verify, in writing, that the elimination of the provision for outside air in the structure in question does not impose a significant detriment to the employees or frequenters of the structure and that the health, safety and welfare of the occupants is preserved. Upon receipt of a written verification from the owner, the department shall conduct an investigation, and the department may issue an order to comply with ventilation requirements under sub. (1) if it finds that the health, safety and welfare of the employees or frequenters of the structure in question is best served by reinstating the ventilation requirements for that structure. 101.025(4)(4) For ventilation systems in public buildings and places of employment, the department shall adopt rules setting: 101.025(4)(a)(a) A maximum rate of leakage allowable from outside air dampers when the dampers are closed. 101.025(4)(b)(b) Maintenance standards for ventilation systems in public buildings and places of employment existing on April 30, 1980. 101.025(5)(5) To the extent that the historic building code applies to the subject matter of this section, this section does not apply to a qualified historic building if the owner elects to be subject to s. 101.121. 101.025 Cross-referenceCross-reference: See also ch. SPS 364, Wis. adm. code. 101.027101.027 Energy conservation code for public buildings and places of employment. 101.027(1)(1) In this section, “energy conservation code” means the energy conservation code promulgated by the department that sets design requirements for construction and equipment for the purpose of energy conservation in public buildings and places of employment. 101.027(2)(2) The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including the International Energy Conservation Code or an energy efficiency code other than the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry. 101.027(3)(a)(a) The department shall begin a review under sub. (2) whenever one of the following occurs: 101.027(3)(a)1.1. A revision of the International Energy Conservation Code is published.