Chapter 101

101.14(4r)(c) (c)

101.14(4r)(c)1. 1. The department shall promulgate rules establishing procedures and requirements for issuing certifications for purposes of par. (b). The department shall include in the rules a requirement that the person hold a valid certification from the national fire protection association qualifying him or her as a certified fire inspector I or that he or she hold a valid equivalent certification.

101.14(4r)(c)2. 2. The department shall determine which certifications issued by other entities will qualify as valid equivalent certifications. Notwithstanding s. 227.10 (1), determinations under this subdivision shall not be promulgated as rules.

101.14(4r)(d) (d) The department shall provide assistance to any nationwide or statewide organization that represents fire chiefs and that is engaged in providing training and certification opportunities for persons seeking to receive certification by the department under this subsection.

101.14 History History: 1971 c. 185 s. 1; 1971 c. 228; Stats. 1971 s. 101.14; 1973 c. 324, 326, 336; 1975 c. 39, 94; 1977 c. 29, 413; 1979 c. 221; 1981 c. 320, 341; 1983 a. 36; 1983 a. 189 s. 329 (8); 1983 a. 295, 410; 1985 a. 29; 1985 a. 135 s. 83 (3); 1987 a. 288, 321, 399; 1989 a. 31, 109, 359; 1991 a. 187, 269; 1993 a. 261; 1995 a. 27; 1997 a. 27; 1999 a. 9, 43, 186; 2003 a. 269; 2005 a. 78, 220; 2007 a. 148, 149, 173; 2011 a. 257; 2013 a. 20, 270; 2015 a. 240, 333; 2017 a. 331.

101.14 Cross-reference Cross-reference: See s. 66.0119 for provision authorizing special inspection warrants.

101.14 Cross-reference Cross-reference: See also chs. SPS 314 and 362, Wis. adm. code.

101.14 Annotation Inspection of buildings for safety and fire prevention purposes under this section does not involve a quasi-judicial function within the meaning of s. 895.43 (3) [now s. 893.80 (4)]. Coffey v. City of Milwaukee, 74 Wis. 2d 526, 247 N.W.2d 132 (1976).

101.14 Annotation Sub. (4m) (b) limits the authority of the Department of Commerce [now the Department of Safety and Professional Services] under sub. (4) (a) and s. 101.02 (15) only insofar as it mandates the department to require sprinkler systems in multifamily dwellings that exceed twenty units or the specified floor area. Sub. (4m) (b) plainly does not restrict the authority of the department under other statutory provisions to promulgate rules requiring fire protection devices in multifamily dwellings that have fewer dwelling units or a smaller floor area than that specified in the statute. Wisconsin Builders Ass’n v. Department of Commerce, 2009 WI App 20, 316 Wis. 2d 301, 762 N.W.2d 845, 08-1438.

101.141 101.141 Record keeping of fires.

101.141(1) (1) Each city, village, and town fire department shall file a report for each fire that involves a building and that occurs within the boundaries of the city, village, or town with the U.S. fire administration for placement in the fire incident reporting system maintained by the U.S. fire administration. The report shall be filed within 60 days after the fire occurs.

101.141(2) (2) Each report filed under sub. (1) shall include all of the following information:

101.141(2)(a) (a) The age of the building.

101.141(2)(b) (b) The purpose for which the building was used at the time of the fire.

101.141(2)(c) (c) If the building was used as a home, whether the building was a multifamily dwelling complex, a single-family dwelling, or a mixed-use building with one or more dwelling units.

101.141(2)(d) (d) The number of dwelling units in the building, if the building was a multifamily dwelling complex or a mixed-use building.

101.141(2)(e) (e) Whether the building had an automatic fire sprinkler system at the time of the fire and, if so, whether the system was operational.

101.141(2)(f) (f) Whether the building had a fire alarm system at the time of the fire and, if so, whether the system was operational.

101.141(2)(g) (g) The cause of the fire.

101.141(2)(gg) (gg) An estimate of the amount of damages to the building as a result of the fire.

101.141(2)(gm) (gm) The number of human deaths due to the fire, if any.

101.141(2)(gr) (gr) The number of human injuries due to the fire, if any.

101.141(2)(h) (h) Any other relevant information concerning the building, as determined by the fire department.

101.141(3) (3) The department may review, correct, and update any report filed by a fire department under this section.

101.141 History History: 1975 c. 224; 2007 a. 75.

101.145 101.145 Smoke detectors.

101.145(1) (1) Definitions. As used in this section:

101.145(1)(a) (a) “Residential building” means any public building which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children’s home, community-based residential facility or dormitory but does not include a hospital or nursing home.

101.145(1)(b) (b) “Sleeping area” means the area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.

101.145(1)(c) (c) “Smoke detector” means a device which detects particles or products of combustion other than heat.

101.145(1)(d) (d) “Unit” means a residential building or that part of a residential building which is intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.

101.145(2) (2) Approval. A smoke detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization.

101.145(3) (3) Installation and maintenance.

101.145(3)(a) (a) The owner of a residential building shall install any smoke detector required under this section according to the directions and specifications of the manufacturer of the smoke detector.

101.145(3)(b) (b) The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building.

101.145(3)(c) (c) The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.

101.145(4) (4) Requirement. The owner of a residential building the initial construction of which is commenced before, on or after May 23, 1978, shall install and maintain a functional smoke detector in the basement and at the head of any stairway on each floor level of the building and shall install a functional smoke detector either in each sleeping area of each unit or elsewhere in the unit within 6 feet of each sleeping area and not in a kitchen.

101.145(5) (5) Penalty. Whoever violates this section shall forfeit to the state not more than $50 for each day of violation.

101.145(6) (6) Department inspection and orders. The department may inspect all residential buildings, except the interior of private dwellings, as may be necessary to ensure compliance with this section. The department may inspect the interior of private dwellings at the request of the owner or renter as may be necessary to ensure compliance with this section. The department may issue orders as may be necessary to ensure compliance with this section.

101.145 History History: 1977 c. 388; 1983 a. 189; 1987 a. 376; 1989 a. 109; 2007 a. 205; 2011 a. 146.

101.1472 101.1472 Contractor regulation.

101.1472(1) (1) In this section:

101.1472(1)(a) (a) “Construction work” means construction, renovation, improvements, remodeling, installations, alterations, repairs, or demolition activities.

101.1472(1)(b) (b) “License” means a license, a permit, or a certificate of certification or registration.

101.1472(2) (2) The department may not promulgate or enforce any rule that requires that a person who is engaged, or who offers to be engaged, in a business to do construction work hold a license issued under this chapter or ch. 145 unless the rule relates to a license specifically required by this chapter or ch. 145.

101.1472 History History: 2013 a. 20.

101.148 101.148 Contractor notices.

101.148(1) (1) Definitions. In this section:

101.148(1)(a) (a) “Consumer” means a person who enters into a written or oral contract with a contractor to construct or remodel a dwelling.

101.148(1)(b) (b) “Contractor” means a person who enters into a written or oral contract with a consumer to construct or remodel a dwelling.

101.148(1)(c) (c) “Deliver” means any of the following:

101.148(1)(c)1. 1. Depositing the document or written notice in the U.S. mail or with a commercial delivery service, addressed to the applicable person.

101.148(1)(c)2. 2. Giving the document or written notice personally to the applicable person.

101.148(1)(d) (d) “Dwelling” means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. “Dwelling” includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements.

101.148(1)(e) (e) “Remodel” means to alter or reconstruct a dwelling. “Remodel” does not include maintenance or repair work.

101.148(2) (2) Notice required at time of contracting.

101.148(2)(a) (a) Before entering into a written contract to construct or remodel a dwelling, or, if the parties enter into an oral contract, as soon as reasonably possible, but before commencing any work to construct or remodel a dwelling, the contractor shall deliver to the consumer a copy of the brochure prepared under s. 895.07 (13) and a notice worded substantially as follows:

NOTICE CONCERNING CONSTRUCTION DEFECTS

Wisconsin law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your dwelling or completed your remodeling project or against a window or door supplier or manufacturer. Section 895.07 (2) and (3) of the Wisconsin statutes requires you to deliver to the contractor a written notice of any construction conditions you allege are defective before you file your lawsuit, and you must provide your contractor or window or door supplier the opportunity to make an offer to repair or remedy the alleged construction defects. You are not obligated to accept any offer made by the contractor or window or door supplier. All parties are bound by applicable warranty provisions.

101.148(2)(b) (b) The notice required under par. (a) shall be conspicuous and in writing and may be included within the contract between the contractor and the consumer.

101.148 History History: 2005 a. 201.

101.149 101.149 Carbon monoxide detectors.

101.149(1) (1) Definitions. In this section:

101.149(1)(ag) (ag) “Bed and breakfast establishment” has the meaning given in s. 97.01 (1g).

101.149(1)(am) (am) “Carbon monoxide detector” means an electronic or battery-operated device or system that sounds an alarm when an unsafe level of carbon monoxide is in the air.

101.149(1)(as) (as) “Fuel-burning appliance” means a device that burns fossil fuel or carbon-based fuel and that produces carbon monoxide as a combustion by-product.

101.149(1)(b) (b) “Residential building” means a tourist rooming house, a bed and breakfast establishment, or any public building that is used for sleeping or lodging purposes. “Residential building” does not include a hospital or nursing home.

101.149(1)(c) (c) “Sleeping area” has the meaning given in s. 101.145 (1) (b).

101.149(1)(cm) (cm) “Tourist rooming house” has the meaning given in s. 97.01 (15k).

101.149(1)(d) (d) “Unit” means a part of a residential building that is occupied by one or more persons as a home, residence, or sleeping place.

101.149(2) (2) Installation requirements.

101.149(2)(ac) (ac) Carbon monoxide detectors required. Except as provided in sub. (5), the owner of a residential building shall provide carbon monoxide detectors at the locations specified in par. (ax) as required under pars. (ag) to (at).

101.149(2)(ag) (ag) Fuel-burning appliances. Carbon monoxide detectors shall be provided in units that contain a fuel-burning appliance.

101.149(2)(aL) (aL) Forced-air furnaces. Carbon monoxide detectors shall be provided in units served by a fuel-burning, forced-air furnace, except that carbon monoxide detectors are not required in a unit if a carbon monoxide detector is provided in the first room or area served by each main duct leaving the furnace and one of the following is satisfied:

101.149(2)(aL)1. 1. The carbon monoxide alarm signals are automatically transmitted to all units served by the furnace and to a designated location at a facility staffed by trained personnel on a continuous basis where alarm and supervisory signals are monitored and facilities are provided for notification of the fire department.

101.149(2)(aL)2. 2. In addition to the first room or area served by each main duct leaving the furnace, a carbon monoxide detector is installed in every 4th unit on the same floor as that first room or area.

101.149(2)(ap) (ap) Fuel-burning appliances outside of units. Carbon monoxide detectors shall be provided in units located in residential buildings that contain fuel-burning appliances, except as follows:

101.149(2)(ap)1. 1. Carbon monoxide detectors are not required in units where there are no openings between the fuel-burning appliance and the unit through which carbon monoxide can get into the unit.

101.149(2)(ap)2. 2. Carbon monoxide detectors are not required in units where a carbon monoxide detector is provided in one of the following locations:

101.149(2)(ap)2.a. a. Between the fuel-burning appliance and the unit.

101.149(2)(ap)2.b. b. On the ceiling of the room containing the fuel-burning appliance.

101.149(2)(at) (at) Private garages. Carbon monoxide detectors shall be provided in units in buildings with attached private garages, except as follows:

101.149(2)(at)1. 1. Carbon monoxide detectors are not required where there are no openings between the private garage and the unit through which carbon monoxide can get into the unit.

101.149(2)(at)2. 2. Carbon monoxide detectors are not required in units located more than one story above or below the private garage.

101.149(2)(at)3. 3. Carbon monoxide detectors are not required where the private garage connects to the building through an open-ended corridor.

101.149(2)(at)4. 4. Where carbon monoxide detectors are provided between openings to the private garage and units, carbon monoxide detectors are not required in the units.

101.149(2)(at)5. 5. Carbon monoxide detectors are not required where the private garage has openings designed to provide natural ventilation, or is mechanically ventilated, in accordance with rules for natural and mechanical ventilation in public parking garages promulgated by the department.

101.149(2)(ax) (ax) Locations. If required under pars. (ag) to (at), carbon monoxide detectors shall be installed in the following locations:

101.149(2)(ax)1. 1. ‘Units.’ In units, outside of each separate sleeping area in the immediate vicinity of the sleeping rooms.