Chapter 101

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.

101.65(3)(a)3. 3. The form that the department makes available to the public in paper form.

101.65(3)(b) (b) The city, village, town, or county shall submit electronically to the department the information on the form submitted by the applicant under par. (a).

101.65(4) (4) Not later than the 15th day of the first month beginning after issuance of each building permit, electronically file a copy of the permit with the department. If a city, village, town, or county fails to file with the department an electronic copy of an issued permit not later than the last day of the first month beginning after the issuance of the permit, the city, village, town, or county shall refund to the person to whom the building permit was issued an amount equal to the difference between the amount paid by that person to the respective city, village, town, or county for that permit and the portion of the permit fee remitted by the city, village, town, or county to the department, if any. This subsection first applies to a city, village, town, or county beginning on the date the city, village, town, or county begins implementation of the system required under s. 101.63 (7m).

101.65 History History: 1975 c. 404; 1979 c. 221 s. 2025 (12); 1979 c. 355 s. 238; 1981 c. 20; 1993 a. 126; 1999 a. 150 s. 672; 2005 a. 200; 2009 a. 276; 2015 a. 211; 2017 a. 59, 243; 2019 a. 38.

101.65 Cross-reference Cross-reference: See also s. SPS 320.06, Wis. adm. code.

101.65 Annotation Municipalities may contract with independent contractors to provide inspection services under this section. Giffin v. Poetzl, 2001 WI App 207, 247 Wis. 2d 906, 634 N.W.2d 901, 00-2633.

101.651 101.651 Special requirements for smaller municipalities.

101.651(1) (1) Definition. In this section, “municipality” means a city, village or town with a population of 2,500 or less.

101.651(2m) (2m) Enforcement options. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions are met:

101.651(2m)(a) (a) The municipality adopts a resolution requesting under sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).

101.651(2m)(c) (c) Under sub. (3) (b), the department enforces this subchapter throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter.

101.651(3) (3) Departmental and county authority in municipalities; generally.

101.651(3)(a) (a) A county may not enforce this subchapter or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the county authority with respect to any other dwelling. For any services provided under this paragraph, the county shall collect costs under s. 101.65 (1) (c) from the person or municipality that requests the service.

101.651(3)(am) (am) Except as provided in s. 101.64 (2m), if a municipality exercises jurisdiction under sub. (2m) or adopts a resolution under sub. (2m) (a), the department may not enforce this subchapter in the municipality unless requested to do so by the municipality. For any services provided under this paragraph, the department shall collect costs under s. 101.63 (9) from the municipality.

101.651(3)(b) (b) The department shall provide inspection services and shall enforce this subchapter throughout any municipality that does not exercise jurisdiction under sub. (2m) and that has not adopted a resolution under sub. (2m) (a).

101.651(4) (4) Data relating to housing starts in municipalities. Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department.

101.651(5) (5) Effect of section on certain laws. This section does not affect the applicability of rules or an ordinance adopted under this subchapter to builders, designers and owners of dwellings located in a municipality.

101.651 History History: 1981 c. 20; 1989 a. 31; 1991 a. 309; 1999 a. 9; 2003 a. 90; 2017 a. 330.

101.652 101.652 Manufactured homes; responsibility for compliance.

101.652(1) (1) In this section:

101.652(1)(a) (a) “Manufactured home” has the meaning given in s. 101.91 (2).

101.652(1)(b) (b) “Manufactured home community” has the meaning given in s. 101.91 (5m).

101.652(1)(c) (c) “Manufactured home community operator” has the meaning given in s. 101.91 (8).

101.652(1)(d) (d) “Manufactured home owner” does not include a person that leases a manufactured home from another.

101.652(2) (2) If a requirement of the uniform dwelling code adopted by the department under this subchapter applies to a manufactured home or to an attachment to a manufactured home, the manufactured home owner shall comply with that requirement. If the manufactured home is located in a manufactured home community, the manufactured home community operator is not responsible for compliance with that requirement unless the manufactured home community operator is the manufactured home owner.

101.652 History History: 2017 a. 109.

101.653 101.653 Construction site erosion control.

101.653(1) (1) Definition. In this section, “best management practices” means practices, techniques or measures that the department determines to be effective means of preventing or reducing pollutants of surface water generated from construction sites.

101.653(2) (2) Soil erosion prevention rules. The department shall promulgate rules that establish standards for practices to prevent soil erosion related to the construction of one- and 2-family dwellings, subject to all of the following requirements:

101.653(2)(a) (a) At a minimum, the rules shall require the use of best management practices.

101.653(2)(b) (b) The rules shall require the use of more restrictive or additional practices on an area with a slope that is greater than 12 percent.

101.653(2m) (2m) Rules for administration. The department shall promulgate rules for the administration of construction site erosion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of building permits and the collection and distribution of fees.

101.653(4) (4) Applicability of local subdivision regulation. All powers granted to a county, city, village or town under s. 236.45 may be exercised by it with respect to construction site erosion control regulation if the county, city, village or town has or provides a planning commission or agency.

101.653(5) (5) Municipal responsibilities; department review.

101.653(5)(a) (a) Each city, village, town or county that enforces those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion shall do all of the following:

101.653(5)(a)1. 1. Obtain the services of an inspector certified to conduct all inspections related to the soil erosion control standards under this section.

101.653(5)(a)2. 2. Obtain the services of a plan reviewer certified to review all erosion control plans submitted under this section.

101.653(5)(a)3. 3. Review erosion control plans, conduct inspections of erosion control practices and enforce the requirements of this section as provided in s. 101.65 (1) (d).

101.653(5)(a)4. 4. Complete the review of an erosion control plan no later than the 15th working day after the day that the erosion control plan is submitted.

101.653(5)(b) (b) The department shall review the construction site erosion control program for one- and 2-family dwellings of each city, village, town or county that enforces those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion to ascertain compliance with par. (a) and the rules promulgated under this section. This review shall include all of the following:

101.653(5)(b)1. 1. A performance audit of the erosion control program of the county, city, village or town.

101.653(5)(b)2. 2. A written determination by the department, issued every 5 years, of whether or not the county, city, village, or town complies with par. (a).

101.653(6m) (6m) Review. The department and the department of natural resources shall enter into a memorandum of agreement that establishes a process for reviewing the standards established under sub. (2), periodically updating those standards and reviewing the training program. The memorandum of understanding shall ensure that local officials and other persons interested in the standards established under sub. (2) and the training program may participate in the process.

101.653(7) (7) Enforcement; remedies.

101.653(7)(a) (a) A county, city, village or town may submit orders to abate violations of those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion to the district attorney, the corporation counsel or the attorney general for enforcement. The district attorney, the corporation counsel or the attorney general may enforce those orders.