Chapter 101

101.63 History History: 1975 c. 404; 1979 c. 221; 1981 c. 20; 1983 a. 27; 1983 a. 189 s. 329 (8); 1987 a. 343; 1993 a. 26, 126, 414; 1999 a. 9, 135; 2003 a. 90; 2005 a. 25, 200; 2007 a. 67; 2011 a. 78; 2013 a. 23; 2015 a. 29, 49, 55, 211; 2017 a. 59, 68, 240, 365, 366.

101.63 Cross-reference Cross-reference: See also chs. SPS 316, 320, 321, 322, 323, 324, 325, 327, 381, 382, 383, 384, 385, 386, and 387, Wis. adm. code.

101.64 101.64 Departmental powers.

101.64(1) (1) The department may:

101.64(1)(a) (a) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at such hearings.

101.64(1)(b) (b) Except as provided under sub. (2m), at the request of the owner or renter, enter, inspect, and examine a dwelling, dwelling unit, or premises necessary to ascertain compliance with the rules and special orders under this subchapter.

101.64(1)(c) (c) Revise the rules under this subchapter after consultation with the uniform dwelling code council.

101.64(1)(d) (d) Provide for or engage in the testing, approval and certification of materials, devices and methods of construction.

101.64(1)(e) (e) Collect and publish data secured from the building permits.

101.64(1)(f) (f) Adopt rules prescribing procedures for approving new building materials, methods and equipment.

101.64(1)(g) (g) Enter into reciprocal agreements with other states regarding the approval of building materials and methods where the standards of the other state meet the intent of the dwelling code and the rules promulgated under this subchapter.

101.64(1)(h) (h) Study the operation of the dwelling construction code and other laws related to the construction of dwelling units to determine their impact upon the cost of building construction and their effectiveness upon the health, safety and welfare of the occupants.

101.64(2m) (2m) The department may not inspect a dwelling, dwelling unit, or premises located in a city, village, town, or county that exercises jurisdiction under s. 101.65 (1) (a) or (b) or 101.651 (2m) (a), unless the city, village, town, or county has entered into a contract with the department under s. 101.65 (2) that authorizes the department to conduct the inspection.

101.64 History History: 1975 c. 404; 1993 a. 126; 2005 a. 200; 2015 a. 29; 2017 a. 240, 330.

101.642 101.642 Certain rules prohibited.

101.642(1) (1) The department may not promulgate or enforce a rule that requires that any one-family or 2-family dwelling that uses electricity for space heating be superinsulated.

101.642(2) (2) The department may not promulgate or enforce a rule that requires that any one- or 2-family dwelling contain an automatic fire sprinkler system, as defined in s. 145.01 (2).

101.642 History History: 2007 a. 67; 2015 a. 55.

101.645 101.645 Smoke detectors.

101.645(1) (1) Definition. The definition of “smoke detector” under s. 101.145 (1) (c) also applies to this section.

101.645(2) (2) Approval and installation. A smoke detector required under this section shall be approved and installed as required under s. 101.145 (2) and (3) (a).

101.645(3) (3) Requirement. The owner of a dwelling shall install a functional smoke detector in the basement of the dwelling and on each floor level except the attic or storage area of each dwelling unit. The occupant of such a dwelling unit shall maintain any smoke detector in that unit, except that if any occupant who is not the owner, or any 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 the smoke detector is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.

101.645(4) (4) Inspection. Except as provided under s. 101.64 (2m), the department or a municipal authority may inspect a new dwelling, may inspect the common areas of a dwelling, and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section.

101.645 History History: 1977 c. 388; 1983 a. 189 s. 329 (4); 1987 a. 376; 1989 a. 109; 2017 a. 330.

101.645 Cross-reference Cross-reference: See also ch. SPS 328, Wis. adm. code.

101.645 Annotation This section is a safety statute the violation of which constitutes negligence per se. Johnson v. Blackburn, 220 Wis. 2d 260, 582 N.W.2d 488 (Ct. App. 1998), 97-1414.

101.647 101.647 Carbon monoxide detectors.

101.647(1) (1) Definitions. In this section:

101.647(1)(a) (a) “Carbon monoxide detector” has the meaning given in s. 101.149 (1) (am).

101.647(1)(am) (am) Notwithstanding s. 101.61 (1), “dwelling” does not include a tourist rooming house, as defined in s. 97.01 (15k).

101.647(1)(b) (b) “Fuel-burning appliance” means a device that is installed in a dwelling, that burns fossil fuel or carbon-based fuel, and that produces carbon monoxide as a combustion by-product.

101.647(2) (2) Installation and safety certification. The owner of a dwelling shall install any carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector. A carbon monoxide detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark and may be a device that is combined with a smoke detector.

101.647(3) (3) Requirements.

101.647(3)(a) (a) The owner of a dwelling shall install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. A carbon monoxide detector wired to the dwelling’s electrical wiring system shall have a backup battery power supply. Except as provided under par. (b), the occupant of the dwelling unit shall maintain any carbon monoxide detector in that unit. This paragraph does not apply to the owner of a dwelling that has no attached garage, no fireplace, and no fuel-burning appliance.

101.647(3)(am) (am)

101.647(3)(am)1. 1. If the building permit for the initial construction of a dwelling was issued on or after February 1, 2011, and the electrical service for the dwelling is provided by a public utility, as defined in s. 196.01 (5), the owner of the dwelling shall install each carbon monoxide detector required under par. (a) so that it is powered by the dwelling’s electrical wiring system, except as provided under subd. 2.

101.647(3)(am)2. 2. The requirement that each carbon monoxide detector be installed in the manner provided under subd. 1. does not apply to a dwelling if the dwelling, when initially constructed, had no attached garage, no fireplace, and no fuel-burning appliance.

101.647(3)(b) (b) If any occupant who is not the owner of a dwelling, or any person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property, gives written notice to the owner that the carbon monoxide detector is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional.

101.647(4) (4) Inspection. Except as provided under s. 101.64 (2m), the department or person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property may inspect a new dwelling and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section.

101.647(5) (5) Liability exemption. The owner of a dwelling is not liable for damages resulting from any of the following:

101.647(5)(a) (a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling.

101.647(5)(b) (b) The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner of the dwelling or the result of a faulty detector that was reasonably maintained by the owner of the dwelling.

101.647(6) (6) Tampering prohibited. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.

101.647 History History: 2009 a. 158; 2015 a. 55; 2017 a. 330.

101.647 Cross-reference Cross-reference: See also ch. SPS 328, Wis. adm. code.

101.648 101.648 Waiver; smoke detector and carbon monoxide detector requirements; plumbing and electrical standards.

101.648(1) (1) In this section:

101.648(1)(a) (a) “Building permit” means a permit that authorizes the construction or occupancy of a one- or 2-family dwelling.

101.648(1)(b) (b) “Dwelling construction standard” means a requirement imposed under s. 101.645 (3) or 101.647 (3) or a requirement imposed under any provision of ch.101 or 145 applicable inside one- and 2-family dwellings or under any ordinance of a political subdivision relating to standards for electrical wiring or plumbing applicable inside one- and 2-family dwellings.

101.648(1)(c) (c) “Political subdivision” means a city, village, town, or county.

101.648(2) (2) Except as provided in sub. (9), a person who is issued a waiver from a requirement to comply with a dwelling construction standard under this section is not required to comply with that standard.

101.648(3) (3) 

101.648(3)(a) (a) Except as provided in par. (b), a person is eligible to obtain a waiver from the requirement to comply with a dwelling construction standard if the person submits a signed application form requesting the waiver to the political subdivision that is responsible for issuing building permits for dwellings. The application shall include an attachment containing the address or other identifying information that describes the location of the dwelling and specifying the dwelling construction standard from which the person seeks a compliance waiver.

101.648(3)(b) (b) If the department issues building permits for dwellings in a political subdivision, a person applying for the waiver shall submit the application to the department.

101.648(4) (4) The department shall prescribe and furnish a waiver application form to each political subdivision that issues building permits for dwellings. The form shall be written in simple and plain language and shall list, in a check-off format, each of the following statements:

101.648(4)(a) (a) The person’s religious beliefs and the established tenets or teachings of the religious sect of which the person is a member conflict with one or more dwelling construction standards.

101.648(4)(b) (b) The dwelling for which the waiver is requested will be used solely as a residence for the person or members of the person’s household.

101.648(4)(c) (c) The waiver is requested based upon the long-established tenets and teachings of the religious sect of which the person is a member and the religious sect did not establish these tenets and teachings solely to avoid compliance with dwelling construction standards.

101.648(4)(d) (d) The person agrees to modify the dwelling for which the waiver is requested to comply with dwelling construction standards if the person ceases to adhere to the tenets or teachings of the religious sect of which the person is a member and upon which the waiver is requested.

101.648(5) (5) A political subdivision that issues building permits and that receives a completed and signed waiver application form shall promptly issue a waiver to the applicant if all of the following apply:

101.648(5)(a) (a) The political subdivision has no reason to believe that the statements provided by the applicant on the waiver application form are untrue.

101.648(5)(b) (b) The political subdivision is satisfied that the waiver will not result in an unreasonable risk of harm to public health or safety.

101.648(5)(c) (c) The waiver specifies those dwelling construction standards with which the applicant is not required to comply.

101.648(6) (6) A political subdivision that finds that an applicant is not entitled to receive a waiver under this section shall promptly notify the department of its finding together with a description of the political subdivision’s basis for its finding. If the department agrees with the political subdivision’s finding, it shall deny the waiver and notify the applicant that the waiver is denied. If the department disagrees with the political subdivision’s finding, it shall issue the waiver to the applicant and notify the political subdivision that the department has issued the waiver. Upon receipt of the notice, the political subdivision shall waive the applicant’s requirement to comply with the dwelling construction standards specified in the waiver.

101.648(7) (7) A person is entitled to obtain a waiver under this section before, during, or after construction of a one- or 2-family dwelling.

101.648(8) (8) Neither a municipality nor the department may charge a person a fee to apply for or to receive a waiver under this section.

101.648(9) (9) A waiver issued under this section is invalid if the political subdivision that issued the waiver or the department find that any of the following applies:

101.648(9)(a) (a) A statement on the waiver form submitted by the person to whom the waiver was issued is untrue.

101.648(9)(b) (b) The basis upon which the waiver was issued no longer applies.

101.648(9)(c) (c) The dwelling is occupied by a person who does not hold the religious beliefs that form the basis for issuing the waiver.

101.648(10) (10) Neither the department nor a political subdivision may take any enforcement action, nor proceed with any enforcement action initiated on or before July 14, 2015, against a person with respect to a dwelling construction standard if the person has a valid waiver issued under this section that waives compliance with the requirement.

101.648 History History: 2015 a. 55; 2017 a. 240.

101.65 101.65 Municipal authority. Except as provided by s. 101.651, cities, villages, towns and counties:

101.65(1) (1) May:

101.65(1)(a) (a) Subject to sub. (1c), exercise jurisdiction over the construction and inspection of new dwellings by passage of ordinances. Except as provided by s. 101.651, a county ordinance shall apply in any city, village, or town that has not enacted those ordinances.

101.65(1)(b) (b) Under s. 66.0301, jointly exercise the jurisdiction granted under par. (a).

101.65(1)(c) (c) By ordinance establish and collect fees to defray the cost of jurisdiction exercised under par. (a) or (b).

101.65(1)(d) (d) By ordinance provide remedies and penalties for violation of the jurisdiction exercised under par. (a) or (b).

101.65(1c) (1c) May not make or enforce an ordinance under sub. (1) that is applied to a dwelling and that does not conform to this subchapter and the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter. If any provision of a contract between a city, village, town, or county and an owner requires the owner to comply with an ordinance that does not conform to this subchapter or the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter, the owner may waive the provision, and the provision, if waived, is void and unenforceable.

101.65(1g) (1g) May not exercise jurisdiction over the construction or inspection of primitive rural hunting cabins.

101.65(1m) (1m) May not issue a building permit to a person who is required to be certified under s. 101.654 unless that person, on applying for a building permit, produces a certificate issued by the department or other evidence satisfactory to the department showing that the person is in compliance with s. 101.654.

101.65(1r) (1r) Shall require an owner who applies for a building permit to sign a statement advising the owner that if the owner hires a contractor to perform work under the building permit and the contractor is not bonded or insured as required under s. 101.654 (2) (a), the following consequences might occur:

101.65(1r)(a) (a) The owner may be held liable for any bodily injury to or death of others or for any damage to the property of others that arises out of the work performed under the building permit or that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.

101.65(1r)(b) (b) The owner may not be able to collect from the contractor damages for any loss sustained by the owner because of a violation by the contractor of the one- and 2-family dwelling code or an ordinance enacted under sub. (1) (a), because of any bodily injury to or death of others or damage to the property of others that arises out of the work performed under the building permit or because of any bodily injury to or death of others or damage to the property of others that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.

101.65(2) (2) Shall contract with the department for those inspection services which the municipality does not perform or contract for under sub. (1) (a) or (b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services pursuant to s. 101.63 (9).

101.65(3) (3) Except as provided in par. (a), shall use the standard building permit form prescribed and furnished by the department or, if approved by the department under s. 101.63 (7m), a different building permit form. A city, village, town, or county may require an applicant to submit the form in paper or electronic form, but may not require that an applicant submit the form in both paper and electronic forms. If a city, village, town, or county requires submission of the form in paper form, both of the following apply:

101.65(3)(a) (a) The applicant may submit any of the following:

101.65(3)(a)1. 1. A printed copy of the form that the city, village, town, or county makes available electronically.

101.65(3)(a)2. 2. A printed copy of the form that the department makes available electronically.