Register February 2017 No. 734
The material contained in this appendix is for clarification purposes only and is numbered to correspond to the number of the rule as the rule appears in the text of this chapter.
A-314.01 (1) Statutory definitions of terms used in this chapter.
(a) Public buildings and places of employment.
Section 101.01 (11)
, Stats., reads:
“Place of employment” includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. “Farming” includes those activities specified in s. 102.04 (3)
, and also includes the transportation of farm products, supplies, or equipment directly to the farm by the operator of the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, “place of employment” does not include any of the following:
(a) An adult family home, as defined in s. 50.01 (1)
(b) Except for the purposes of s. 101.11
, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g)
, which serves 20 or fewer residents who are not related to the operator or administrator.
(c) A home-based business, as defined by the department by rule.
(12) “Public building” means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, “public building” does not include any of the following:
(a) A previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g)
which serves 20 or fewer residents who are not related to the operator or administrator.
(b) An adult family home, as defined in s. 50.01 (1)
(c) A home-based business, as defined by the department by rule.
(3) As used in this chapter “farming” means the operation of farm premises owned or rented by the operator. “Farm premises” means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants. “Farmer” means any person engaged in farming as defined. Operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur-bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above-named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities. The operation for not to exceed 30 days during any calendar year, by any person deriving the person's principal income from farming, of farm machinery in performing farming services for other farmers for a consideration other than exchange of labor shall be deemed farming. Operation of such premises shall be deemed to include also any other activities commonly considered to be farming whether conducted on or off such premises by the farm operator.
(1) “Adult family home” means one of the following and does not include a place that is specified in sub. (1g) (a) to (d), (f), or (g):
(a) A private residence to which all of the following apply:
1. Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in s. 51.01 (5)
, or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4, or more adults or children if all of the adults or all of the children are siblings.
2. The private residence was licensed under s. 48.62
as a home for the care of the adults specified in subd. 1. at least 12 months before any of the adults attained 18 years of age.
(b) A place where 3 or 4 adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to 7 hours per week of nursing care per resident.
(1g) “Community-based residential facility” means a place where 5 or more adults who are not related to the operator or administrator and who do not require care above intermediate level nursing care reside and receive care, treatment or services that are above the level of room and board but that include no more than 3 hours of nursing care per week per resident. “Community-based residential facility” does not include any of the following:
(a) A convent or facility owned or operated by members of a religious order exclusively for the reception and care or treatment of members of that order.
(b) A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in s. 49.165 (1) (a)
, and their children.
(d) A place that provides lodging for individuals and in which all of the following conditions are met:
1. Each lodged individual is able to exit the place under emergency conditions without the assistance of another individual.
2. No lodged individual receives from the owner, manager or operator of the place or the owner's, manager's or operator's agent or employee any of the following:
a. Personal care, supervision or treatment, or management, control or supervision of prescription medications.
b. Care or services other than board, information, referral,
advocacy or job guidance; location and coordination of social services by an agency that is not affiliated with the owner, manager or operator, for which arrangements were made for an individual before he or she lodged in the place; or, in the case of an emergency, arrangement for the provision of health care or social services by an agency that is not affiliated with the owner, manager or operator.
(e) An adult family home.
(f) A residential care apartment complex.
(g) A residential facility in the village of Union Grove that was authorized to operate without a license under a final judgment entered by a court before January 1, 1982, and that continues to comply with the judgment notwithstanding the expiration of the judgment.
(h) A private residence that is the home to adults who independently arrange for and receive care, treatment, or services for themselves from a person or agency that has no authority to exercise direction or control over the residence.
, Stats., reads:
101.05 Exempt buildings and projects. (1) No building code adopted by the department under this chapter shall affect buildings located on research or laboratory farms of public universities or other state institutions and used primarily for housing livestock or other agricultural purposes.
A bed and breakfast establishment, as defined under s. 97.01 (1g)
, is not subject to building codes adopted by the department under this subchapter.
(3) No standard, rule, code or regulation of the department under this subchapter applies to construction undertaken by the state for the purpose of renovation of the state capitol building.
(4) No standard, rule, order, code or regulation adopted, promulgated, enforced or administered by the department under this chapter applies to a rural school building if all of the following are satisfied:
(a) The school building consists of one classroom.
(b) The school building is used as a school that is operated by and for members of a bona fide religious denomination in accordance with the teachings and beliefs of the denomination.
(c) The teachings and beliefs of the bona fide religious denomination that operates the school prohibit the use of certain products, devices or designs that are necessary to comply with a standard, rule, order, code or regulation adopted, promulgated, enforced or administered by the department under this chapter.
97.01 (1g) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients.
(b) Provides no meals other than breakfast and provides the breakfast only to renters of the place.
(c) Is the owner's personal residence.
(d) Is occupied by the owner at the time of rental.
(e) Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging,
(g) The following tanks, containers, tank systems and facilities are not regulated by ch. ATCP 93
(a) Underground storage tanks that have a capacity of less than 60 gallons.
(b) Aboveground storage tanks and intermediate bulk containers that have a capacity of less than 110 gallons.
(c) Tanks storing products regulated under ch. ATCP 33
that are located either at facilities which are also regulated under ch. ATCP 33
or on farm premises.
Chapter ATCP 33
addresses bulk storage of pesticides and fertilizers.
(d) Aboveground storage tanks storing liquids that are used in processes covered in any of the following standards:
1. NFPA 33 Spray Application Using Flammable or Combustible Materials.
2. NFPA 34 Dipping & Coating Processes Using Flammable or Combustible Liquids.
3. NFPA 35 Manufacture of Organic Coatings.