Chapter 101

101.149 History History: 2007 a. 20 s. 9121 (6) (a); 2007 a. 205; 2011 a. 32; 2013 a. 166 s. 77; 2015 a. 55; 2017 a. 330.

101.149 Cross-reference Cross-reference: See also ss. SPS 321.095, 362.0915, and 366.1011 (2), Wis. adm. code.

101.15 101.15 Mines, tunnels, quarries and pits.

101.15(1) (1) If any shaft or workings of a mine, or any tunnel, trench, caisson, quarry, or gravel or sand pit is being operated or used in violation of the safety orders of the department applicable thereto, the owner or operator upon receiving notice of such violation from the department shall immediately cease such operation or use. The operation or use of such shaft or workings of a mine, or of such tunnel, trench, caisson, quarry or gravel or sand pit, shall not be resumed until such safety orders have been complied with.

101.15(2) (2) 

101.15(2)(a) (a) For the purpose of this section:

101.15(2)(a)1. 1. “Excavation” or “workings” means any or all parts of a mine excavated or being excavated, including shafts, tunnels, drifts, cross cuts, raises, winzes, stopes and all other working places in a mine.

101.15(2)(a)2. 2. “Mineral” means a product recognized by standard authorities as mineral, whether metalliferous or nonmetalliferous.

101.15(2)(a)3. 3. “Shaft” means an opening made for mining minerals, for hoisting and lowering persons or material, or for ventilating underground workings.

101.15(2)(b) (b) No excavation of a shaft may be commenced unless a permit is first issued therefor by the department. Permits for such excavation shall be issued upon fee payment and application filed with the department, if the department is satisfied that the shaft or the excavation and workings will be in compliance with the safety orders adopted by the department and applicable thereto. Application shall be made upon forms prescribed by the department and shall be furnished upon request.

101.15(2)(c) (c) Paragraph (b) does not apply to shafts which will be less than 50 feet in depth wherein persons are not employed, or which are not equipped with power driven hoists used for hoisting persons in and out of the shafts, or which are not covered with a flammable building.

101.15(2)(d) (d) The department may:

101.15(2)(d)1. 1. Employ additional mining inspectors, each of whom shall have experience in mining or be a graduate of a recognized college with a degree of mining engineering.

101.15(2)(d)2. 2. Cause the inspection of all underground mines, quarries, pits, zinc works or other excavations.

101.15(2)(e) (e) The department shall promulgate rules to effect the safety of mines, explosives, quarries and related activities. Such rules shall provide for the establishment of uniform limits on permissible levels of blasting resultants to reasonably assure that blasting resultants do not cause injury, damage or unreasonable annoyance to any person or property outside any controlled blasting site area.

101.15(2)(f) (f)

101.15(2)(f)1. 1. The department shall cause the inspections of underground mines and similar establishments at least once every 2 months and shall cause the inspections of surface mines and similar establishments at least once each year. In the making of the inspections the owner and the labor union identified as the bargaining representative of the employees of the mine or establishment shall be permitted to accompany the inspector engaged in the tour of inspection. The department shall cause a report of any inspection so made, to be submitted to representatives of the operator and of the employees.

101.15(2)(f)2. 2. The department may apply to a court of record for the closing of any underground mine, quarry, pit, zinc works or other excavation where the same is being operated in violation of any of its rules or orders, and the owners or operators have failed within a reasonable time to correct any unsafe methods of operation. The failure of any owner or operator to comply with the order or judgment of the court subjects the party or parties to contempt proceedings.

101.15 History History: 1971 c. 185; 1971 c. 228 s. 44; Stats. 1971 s. 101.15; 1975 c. 94 s. 91 (9); 1977 c. 29; 1979 c. 257; 1983 a. 189; 1985 a. 29; 1993 a. 16; 2017 a. 329.

101.15 Cross-reference Cross-reference: See also chs. SPS 307 and 308, Wis. adm. code.

101.15 Annotation When 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.

101.16 101.16 Liquefied petroleum gas.

101.16(1) (1) Definitions. In this section:

101.16(1)(a) (a) “Department of transportation cylinder” means a container that holds liquefied petroleum gas and that meets the specifications established by the federal department of transportation.

101.16(1)(b) (b) “Liquefied petroleum gas” means any material which is composed predominantly of, or any mixtures of, any of the following hydrocarbons including their isomers:

101.16(1)(b)1. 1. Propane.

101.16(1)(b)2. 2. Propylene.

101.16(1)(b)3. 3. Butane.

101.16(1)(b)4. 4. Butylene.

101.16(1)(c) (c) “Propane gas system” means an assembly consisting of one or more containers that has a total water capacity of at least 100 gallons and a means of conveying propane gas from the container or containers to a point of connection with devices used to consume the propane gas. A “propane gas system” includes all piping and other components associated with the assembly that are used to control the quantity, flow, pressure, and physical state of the propane gas.

101.16(1)(d) (d) “Retailer” means a person engaged in the business of filling containers that have a water capacity of at least 4 pounds with liquefied petroleum gas that is intended to be used directly from the containers as fuel. “Retailer” does not include a person who fills such containers with liquefied petroleum gas for the person’s own use.

101.16(2) (2) Rules.

101.16(2)(a) (a) Except as provided in par. (b), the department shall promulgate rules to ascertain, fix, and order such reasonable standards, rules, or regulations for the design, construction, location, installation, operation, repair, and maintenance of equipment for storage, handling, use, and transportation by tank truck or tank trailer, of liquefied petroleum gases for fuel purposes, and for the odorization of said gases used therewith, as shall render such equipment safe.

101.16(2)(b) (b)

101.16(2)(b)1. 1. The department may not promulgate a rule that prohibits self-service dispensing by the general public of compressed natural gas or liquefied petroleum gases into an individual vehicle fuel tank.

101.16(2)(b)2. 2. The department may not promulgate a rule that requires completion of training to self-service dispense compressed natural gas or liquefied petroleum gases into an individual vehicle fuel tank.

101.16(2)(c) (c) The department shall promulgate rules ensuring that safety requirements under this section and federal law are satisfied during self-service dispensing by the general public of compressed natural gas and liquefied petroleum gases and rules establishing requirements for the signage required under sub. (4) (d).

101.16(3) (3) Filling, evacuating, and use of containers.

101.16(3)(a) (a) Except as provided in par. (b), no person, other than the owner of a liquefied petroleum gas container or a person authorized by the owner, may fill, refill, evacuate, or use in any other manner the container for any purpose.

101.16(3)(b) (b) A retailer may evacuate a liquefied petroleum gas container not under the retailer’s ownership in order to transfer the remaining liquefied petroleum gas that is in the container into a container that is under the retailer’s ownership.

101.16(3g) (3g) License required. No retailer may distribute liquefied petroleum gas without holding a license issued by the department. The department, subject to ss. 440.12 and 440.13, shall issue a license to be a retailer upon receiving the fee established under s. 101.19 (1g) (L) or (1m) and upon the retailer’s obtaining commercial general liability insurance as required under sub. (3r) (c). The department shall set the term of the license, not to exceed 2 years.

101.16(3r) (3r) Commercial general liability insurance.

101.16(3r)(a) (a) Except as provided in par. (b), a retailer shall maintain commercial general liability insurance in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.

101.16(3r)(b) (b) A retailer who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems shall maintain commercial general liability insurance in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.

101.16(3r)(c) (c) A retailer may meet the insurance requirement under par. (a) or (b) by obtaining commercial general liability insurance as an endorsement to an existing policy or as a separate policy from an insurer, or a risk retention group, that is licensed to transact the business of insurance in this state or that is eligible to provide insurance as a surplus lines insurer in one or more states.

101.16(3r)(d) (d) A retailer who fails to maintain commercial general liability insurance as required under par. (a) or (b) may not distribute liquefied petroleum gas at retail until the insurance is obtained.

101.16(3r)(e) (e) Each retailer shall file with the department proof of commercial general liability insurance coverage as required under this subsection. The department shall maintain a list on the department’s Internet site that contains the names of each retailer licensed under this section and the status of the retailer’s commercial general liability insurance coverage.

101.16(3r)(f) (f) A 3rd party that issues commercial general liability insurance to a retailer for purposes of this subsection shall provide written notice to the retailer and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the insurance.

101.16(3r)(g) (g) A retailer who cancels or fails to renew commercial general liability insurance shall notify the department at least 60 days before cancelling or failing to renew the insurance. Upon receipt of the notice, the department shall revoke the retailer’s license issued under sub. (3g).

101.16(4) (4) Requirements to provide information.

101.16(4)(a) (a) The person actually performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department, showing that the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.

101.16(4)(b) (b)

101.16(4)(b)1. 1. A person who owns, leases, or uses a propane gas system and who is a customer of a retailer shall notify the retailer of propane gas for the propane gas system of any interruption in the operation of the propane gas system due to the replacement, modification, repair, or servicing of the propane gas system by any person other than the retailer. The customer shall provide the notice at least 7 days in advance of the interruption in the operation of the propane gas system, except as provided in subd. 2. The retailer, or the person replacing, modifying, repairing, or servicing the propane gas system, shall perform a check for leaks or other defects in the propane gas system before placing the propane gas system back into operation in the manner required by rule.

101.16(4)(b)2. 2. If the interruption of a propane gas system subject to subd. 1. is due to emergency repair or servicing, the customer shall provide the notice to the retailer as soon as possible and no later than 24 hours after the repair or servicing is completed.

101.16(4)(c) (c) Each retailer filling a container that is part of a propane gas system shall provide written notice to each customer subject to par. (b) of the customer’s duty under par. (b) before the retailer’s first delivery of propane gas to that customer and shall provide subsequent notices on an annual basis. The notice shall include all of the following information concerning the duty to notify under par. (b):

101.16(4)(c)1. 1. The name, address, and telephone number of the retailer.

101.16(4)(c)2. 2. The purpose of giving the notification to the retailer.

101.16(4)(c)3. 3. A description of the type of propane gas system that is subject to the notification requirement.

101.16(4)(c)4. 4. A description of the types of activities that constitute a replacement, modification, repair, or servicing of a propane gas system.

101.16(4)(c)5. 5. A copy of the provisions under par. (b).

101.16(4)(d) (d) A person who owns a device used for self-service dispensing of compressed natural gas or liquefied petroleum gases shall display signage that provides step-by-step directions for fueling a vehicle and that advises users of safety requirements for fueling under state and federal law.

101.16(5) (5) Penalties.

101.16(5)(ac) (ac) Except as provided in par. (am), any person who violates sub. (3) or (4) or any rule promulgated under sub. (2) shall forfeit not less than $10 nor more than $1,000.

101.16(5)(am) (am) Any person who intentionally violates sub. (3) or (4) or any rule promulgated under sub. (2) shall be fined not less than $25 nor more than $2,000, or shall be imprisoned not less than 30 days nor more than 6 months.

101.16(5)(b) (b) Except as provided in par. (c), any retailer who violates sub. (3g) or (3r) shall forfeit not less than $500 and not more than $1,000 for the first offense and not less than $2,000 and not more than $5,000 for each subsequent offense.

101.16(5)(c) (c) Any retailer who violates sub. (3g) or (3r) shall forfeit not less than $200 and not more than $400 for the first offense and not less than $800 and not more than $2,000 for each subsequent offense if the retailer is one of the following:

101.16(5)(c)1. 1. A retailer who only fills department of transportation cylinders.

101.16(5)(c)2. 2. A retailer who only fills containers for engine and recreational vehicle fueling systems.

101.16(5)(cg) (cg) Paragraphs (b) and (c) do not apply to intentional violations of subs. (3g) or (3r).

101.16(5)(cm) (cm) Except as provided in par. (cn), any retailer who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days and not more than 6 months or shall be fined not less than $500 and not more than $1,000 for the first offense and not less than $2,000 and not more than $5,000 for each subsequent offense.

101.16(5)(cn) (cn) Any retailer who only fills department of transportation cylinders or containers for engine and recreational vehicles and who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days and not more than 6 months or shall be fined not less than $200 and not more than $400 for the first offense and not less than $800 and not more than $2,000 for each subsequent offense.

101.16(5)(cr) (cr)

101.16(5)(cr)1. 1. Each day of violation of sub. (3) constitutes a separate offense.

101.16(5)(cr)2. 2. Each day of violation of sub. (3g) constitutes a separate offense.

101.16(5)(cr)3. 3. Each day of violation of sub. (3r) constitutes a separate offense.

101.16(5)(cr)4. 4. Each day of violation of sub. (4) constitutes a separate offense.

101.16(5)(d) (d) If a retailer is found in violation of sub. (3g) or (3r), the court shall require that the retailer cease distributing liquefied petroleum gas at retail until the retailer is issued the license required under sub. (3g).

101.16(5m) (5m) Civil liability.

101.16(5m)(a) (a) Any retailer who is licensed under sub. (3g) and who suffers damages caused by the filling of a container that is not a department of transportation cylinder by another retailer who is not so licensed may bring an action against the unlicensed retailer to do any of the following:

101.16(5m)(a)1. 1. Enjoin the unlicensed retailer from distributing liquefied petroleum gas at retail until the retailer receives the required license.

101.16(5m)(a)2. 2. Receive monetary damages equal to 3 times the amount of any monetary loss sustained or $2,000, whichever is greater, multiplied by each day that the unlicensed retailer is not licensed under sub. (3g).

101.16(5m)(b) (b) Notwithstanding s. 814.04 (1), a retailer who prevails in an action under par. (a) shall be awarded reasonable attorney fees.

101.16(5m)(c) (c) An action under this subsection shall be commenced within 180 days after the cause of action accrues or be barred.

101.16(6) (6) Exemption. This section does not apply to railroads engaged in interstate commerce or to equipment used by them.

101.16 History History: 1971 c. 185 s. 1; Stats. 1971 s. 101.16; 2007 a. 203; 2009 a. 180; 2011 a. 209; 2011 a. 260 s. 81; 2015 a. 327; 2017 a. 329, 331; 2021 a. 240 s. 30; 2023 a. 163.

101.16 Cross-reference Cross-reference: See also ss. SPS 305.73 and 340.40, Wis. adm. code.

101.17 101.17 Machines and boilers, safety requirement.

101.17(1) (1) General prohibition. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employees and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with this subchapter. Any person violating this subsection shall be subject to the forfeitures provided in s. 101.02 (12) and (13).

101.17(2) (2) Chemical recovery boiler inspections.