101.12(5)(a)2.a. a. For the safekeeping of large sums of money, negotiable instruments, securities or other valuables;
101.12(5)(a)2.b. b. As a jail, correctional facility or other secure facility for persons in detention;
101.12(5)(a)2.c. c. For the safekeeping or evaluation of evidence in criminal proceedings or investigations;
101.12(5)(a)2.d. d. For the safekeeping of weapons, ordnance or explosives; or
101.12(5)(a)2.e. e. In the generation, transmission or distribution of electric power, fuels or communications.
101.12(5)(b) (b) A person requesting to inspect or copy plans shall submit a written application identifying the structure or proposed structure whose plans are sought to be inspected or copied, providing the full name and address of the requester and stating that any information obtained from the inspection or copying will not be used for any unlawful or unfair competitive purpose and that the information set forth in the application is true and correct.
101.12(5)(c) (c) If an application submitted under par. (b) requests inspection or copying of plans for a secure structure or proposed secure structure that is or is anticipated to be owned by or leased to the state, the plans are not subject to the right of inspection or copying except as the department of administration otherwise provides by rule. If an application submitted under par. (b) requests inspection or copying of plans for any other secure structure or proposed secure structure, the department, city, village, town or county shall consider the information supplied in the application and weigh the possible harm to the public interest which may result from permitting inspection and copying of the plans against the benefits of allowing such inspection or copying. If the department, city, village, town or county determines that the possible harm to the public interest outweighs the benefit to the requester and to the public interest of allowing such inspection or copying, it may deny the application or grant it upon such conditions as it determines are necessary to protect the public interest. This paragraph does not apply to an application submitted by a law enforcement agency or person authorized to have access to the plans by lawful subpoena.
101.12(5)(d) (d) The department, city, village, town or county may charge a reasonable amount to defray its costs in providing copies of the plans.
101.12(6) (6)The department shall promulgate rules relating to the enforcement of this subchapter and subch. IV and ch. 145 for public schools constructed before 1930 and establishing life-safety plans for all public schools.
101.12 History History: 1971 c. 185; 1971 c. 228 s. 42; Stats. 1971 s. 101.12; 1973 c. 326; 1979 c. 64, 243; 1983 a. 27; 1989 a. 31, 347; 1991 a. 39; 1993 a. 16; 1995 a. 27 ss. 3660, 3660m, 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2011 a. 199; 2013 a. 270; 2015 a. 55; 2017 a. 198, 329, 330, 331; s. 13.92 (1) (bm) 2.; s. 35.17 correction in (3g) (b) 5.
101.12 Cross-reference Cross-reference: See also chs. SPS 318, 334, and 361, Wis. adm. code.
101.12 Annotation The state statutes and building code have not preempted the field as to school buildings; local building codes apply to the extent that they are not inconsistent. Hartford Union High School v. Hartford, 51 Wis. 2d 591, 187 N.W.2d 849 (1971).
101.12 Annotation Plans and specifications filed under this section are public records and are available for public inspection. 67 Atty. Gen. 214.
101.1206 101.1206 Erosion control; construction of public buildings and buildings that are places of employment.
101.1206(1)(1)The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings and buildings that are places of employment.
101.1206(2) (2)The department shall require the submission of plans for erosion control at construction sites described in sub. (1) to the department or to a county, city, village, or town to which the department has delegated authority under sub. (4) and shall require approval of those plans by the department or the county, city, village, or town.
101.1206(3) (3)The department shall require inspection of erosion control activities and structures at construction sites described in sub. (1) by the department or a county, city, village, or town to which the department has delegated authority under sub. (4).
101.1206(4) (4)The department may delegate authority under this section to a county, city, village or town.
101.1206(5) (5)Except as provided in sub. (5m), the authority of a county, city, village, or town with respect to erosion control at sites described in sub. (1) is limited to that authority delegated under sub. (4) and any other authority provided in rules promulgated under this section.
101.1206(5m) (5m)Notwithstanding subs. (1) and (5), a county, city, village, or town that has in effect on January 1, 1994, an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under sub. (1).
101.1206(6) (6)The department, or a county, city, village, or town to which the department delegates the authority to act under this subsection, may issue a special order directing the immediate cessation of work on a construction site described in sub. (1) until any required plan approval is obtained or until the site complies with standards established by rules promulgated under this section.
101.1206(7) (7)The department shall promulgate rules for the administration of this section.
101.1206 History History: 2011 a. 32 ss. 2331, 2898c to 2905; Stats. 2011 s. 101.1206; 2013 a. 20.
101.121 101.121 State historic building code.
101.121(1)(1)Purpose. It is the purpose of this section to provide alternative standards, when necessary, for the preservation or restoration of buildings or structures designated as historic buildings. The development and application of these alternative standards is a matter of statewide concern. These alternative standards are intended to facilitate the restoration of historic buildings so as to preserve their original or restored architectural elements and features, to encourage energy conservation, to permit a cost-effective approach to preservation and restoration and to provide for the health, safety and welfare of occupants and visitors in historic buildings.
101.121(2) (2)Definitions. In this section:
101.121(2)(a) (a) “Certified local register of historic property" means a register of historic property which is part of a historic preservation ordinance promulgated by a city, village, town or county if the ordinance is certified by the state historical society under s. 44.44.
101.121(2)(am) (am) “Historic building" means any building or structure that is significant in the history, architecture or culture of this state, its rural or urban communities or the nation.
101.121(2)(b) (b) “National register of historic places in Wisconsin" means the places in Wisconsin that are listed on the national register of historic places maintained by the U.S. department of the interior.
101.121(2)(c) (c) “Qualified historic building" means a historic building which:
101.121(2)(c)1. 1. Is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places;
101.121(2)(c)2. 2. Is included in a district which is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places, and has been determined by the state historical society to contribute to the historic significance of the district;
101.121(2)(c)2m. 2m. Is determined by the state historical society to be eligible for listing on the national register of historic places in Wisconsin or the state register of historic places;
101.121(2)(c)3. 3. Is listed on a certified local register of historic property; or
101.121(2)(c)4. 4. Is included in a district which is listed on a certified local register of historic property, and has been determined by the city, village, town or county to contribute to the historic significance of the district.
101.121(2)(d) (d) “State register of historic places" means the places in Wisconsin listed by the state historical society under s. 44.36, except for a place listed as an interim listing by the state historical society under s. 44.36 (5) (a) 3.
101.121(3) (3)Rules.
101.121(3)(a) (a) For any rule under this chapter or ch. 145 which applies to buildings, the department may provide an alternative rule which accomplishes the same general purpose and applies only to qualified historic buildings. These alternative rules shall permit, to the maximum extent possible, the use of original or duplicates of original materials, the maintenance of the original appearance of all components of a historic building and the use of original construction techniques. The department shall consult with the historic building code council regarding the development of alternative rules. All alternative rules taken together constitute the historic building code.
101.121(3)(b) (b) In order to permit the proper preservation or restoration of a qualified historic building, the department may grant a variance to any rule or alternative rule under this chapter or ch. 145 if the owner demonstrates that an alternative proposed by the owner accomplishes the same purpose as the rule or alternative rule. With respect to any variances requested under this chapter or ch. 145, the department shall give priority to processing variance requests by owners of qualified historic buildings. The department shall maintain a list of variances granted under this paragraph to owners of qualified historic buildings.
101.121(4) (4)Election.
101.121(4)(a) (a) Except as provided in par. (b), the owner of any qualified historic building may elect to be subject to the historic building code promulgated under sub. (3). Except as provided in s. 101.127, no owner who elects to be subject to the historic building code may be required to comply with any provision of any other building code, including but not limited to any county or municipal building code, or of any other local ordinance or regulation, if that provision concerns a matter dealt with in the historic building code.
101.121(4)(b) (b) Paragraph (a) does not apply to any owner of a nursing home as defined in s. 50.01 (3), a hospital as defined in s. 50.33 (2) (a) and (c) or an approved public or private treatment facility for alcoholics and persons who are drug dependent as defined in s. 51.45 (2) (b) and (c).
101.121 Cross-reference Cross-reference: See also ch. SPS 366, 375, 376, 377, 378, and 379, Wis. adm. code.
101.1215 101.1215 Abrasive cleaning of historic buildings.
101.1215(1)(1)In this section:
101.1215(1)(a) (a) “Abrasive cleaning method" means any cleaning procedure that uses any of the following materials or tools:
101.1215(1)(a)1. 1. Abrasive materials, including sand, glass beads, ground slag, volcanic ash, crushed nutshells, rice husks, ground corncobs or crushed eggshells, carried in high-pressure or low-pressure air or water.
101.1215(1)(a)2. 2. High-pressure water.
101.1215(1)(b) (b) “Qualified historic building" has the meaning given in s. 101.121 (2) (c).
101.1215(2) (2)No person may use an abrasive cleaning method on the exterior of qualified historic buildings, except as authorized by department rule.
101.1215(3) (3)The department, in consultation with the state historical society and the department of administration, shall promulgate rules on the use of abrasive cleaning methods on the exterior of qualified historic buildings. The department may permit the use of any specific abrasive cleaning method on any specific building material only if it determines that the abrasive cleaning method will not cause irreparable damage to the building material to which it is applied.
101.1215(4)(a)(a) Any person who uses an abrasive cleaning method in violation of this section may be required to forfeit not less than $100 nor more than $1,000 for each offense. Each day of continued violation constitutes a separate offense.
101.1215(4)(b) (b) Any owner of a qualified historic building who causes or permits the use of an abrasive cleaning method in violation of this section may be required to forfeit not less than $100 nor more than $1,000 for each offense. Each day of continued violation constitutes a separate offense.
101.1215 History History: 1993 a. 471.
101.1215 Cross-reference Cross-reference: See also ch. SPS 372, Wis. adm. code.
101.123 101.123 Smoking prohibited.
101.123(1)(1)Definitions. In this section:
101.123(1)(ab) (ab) “Assisted living facility" means a community-based residential facility, as defined in s. 50.01 (1g), a residential care apartment complex, as defined in s. 50.01 (6d), or an adult family home, as defined in s. 50.01 (1) (b).
101.123(1)(abm) (abm) “Child care center" has the meaning given in s. 49.136 (1) (ad).
101.123(1)(ac) (ac) “Correctional facility" means any of the following:
101.123(1)(ac)1. 1. A state prison, as defined or named in s. 302.01, except a correctional institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's place of residence and no one is employed there to ensure the prisoner's incarceration.
101.123(1)(ac)2. 2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.
101.123(1)(ac)3. 3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under s. 302.30.
101.123(1)(ae) (ae) “Educational facility" means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.
101.123(1)(aj) (aj) Notwithstanding s. 101.01 (5), “employment" means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.
101.123(1)(ak) (ak) “Enclosed place" means a structure or area that has all of the following:
101.123(1)(ak)1. 1. A roof.
101.123(1)(ak)2. 2. More than 2 substantial walls.
101.123(1)(ar) (ar) “Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. “Immediate vicinity of the state capitol" does not include any location that is more than six feet from the state capitol building.
101.123(1)(b) (b) “Inpatient health care facility" means a hospital, as defined in s. 50.33 (2), a county home established under s. 49.70, a county infirmary established under s. 49.72, a nursing home, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a Wisconsin veterans home under s. 45.50, or a treatment facility.
101.123(1)(bn) (bn) “Lodging establishment" means any of the following:
101.123(1)(bn)1. 1. A bed and breakfast establishment, as defined in s. 97.01 (1g).
101.123(1)(bn)2. 2. A hotel, as defined in s. 97.01 (7).
101.123(1)(bn)3. 3. A tourist rooming house, as defined in s. 97.01 (15k).
101.123(1)(d) (d) “Person in charge" means the person, or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or at a location where smoking is prohibited or regulated under this section.
101.123(1)(dj) (dj) Notwithstanding s. 101.01 (11), “place of employment" means any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.
101.123(1)(dn) (dn) “Private club" means a facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.
101.123(1)(e) (e) “Public conveyance" means a mass transit vehicle as defined in s. 340.01 (28m), a school bus as defined in s. 340.01 (56), or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within this state, but does not include such a device while providing transportation in interstate commerce.
101.123(1)(eg) (eg) “Public place" means any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.
101.123(1)(f) (f) “Restaurant" has the meaning given in s. 97.01 (14g).
101.123(1)(g) (g) “Retail establishment" means any store or shop in which retail sales is the principal business conducted.
101.123(1)(gg) (gg) “Retail tobacco store" means a retail establishment that does not have a “Class B" intoxicating liquor license or a Class “B" fermented malt beverages license and that generates 75 percent or more of its gross annual income from the retail sale of tobacco products and accessories.
101.123(1)(h) (h) “Smoking" means burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:
101.123(1)(h)1. 1. A lighted cigar.
101.123(1)(h)2. 2. A lighted cigarette.
101.123(1)(h)3. 3. A lighted pipe.
101.123(1)(h)4. 4. Any other lighted smoking equipment.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances Board Orders effective on or before July 4, 2018. Published and certified under s. 35.18. Changes effective after July 4, 2018 are designated by NOTES. (Published 7-4-18)