“Building" means a place of employment or a public building and includes, without limitation because of enumeration, wholesale and retail stores, storerooms, office buildings, factories, warehouses, governmental buildings, hotels, hospitals, motels, dormitories, sanatoriums, nursing homes, retirement homes, theaters, stadiums, gymnasiums, amusement park buildings, schools and other buildings used for educational purposes, places of worship and other places of public assembly and all residences including mobile homes, manufactured homes, industrialized housing, lodging homes, and any other building used as a dwelling for one or more persons.
“Entrance and exit door" means a hinged, pivoting, revolving or sliding door which is used alone or in combination with other such doors on interior or exterior walls of a residential, commercial or public building for passage, ingress or egress.
“Fixed or operating, flat panels immediately adjacent to an entrance or exit door" means the first fixed or operating, flat panel on either or both sides of an interior or exterior door if:
The nearest vertical edge of such panel is located within 2 feet of the nearest vertical edge of the door; and
The lower horizontal edge of such panel is less than 2 feet from the floor.
“Hazardous location" means the location of a structural element in a building which is used as an entrance and exit door to a compartment, room or building; the fixed or operating, flat panels immediately adjacent to an entrance or exit door; a sliding glass door unit; a storm or combination door; a shower and bathtub enclosure; and the adjacent sidelites of a door. In the case of a public building, the term also includes any other location designated by the department.
“Safety glazing material" means any transparent or translucent material, including tempered glass, laminated glass, wire glass and rigid plastic, which is constructed, treated or combined with other materials to minimize the likelihood of cutting or piercing injuries to humans, and which is approved by rule of the department as meeting departmental standards for the location in which it is to be applied.
“Sliding glass door unit" means a panel or an assembly of panels contained in a frame designed so that at least one panel is movable in a horizontal direction.
“Storm or combination door" means a door which protects an entrance or exit door against weather elements and affects indoor temperature control.
The department shall promulgate rules regulating safety glazing material manufactured, distributed, imported, sold, or installed for use in a hazardous location.
(4) Liability of employers and sellers. 101.125(4)(a)(a)
No employee of a person responsible for compliance with the rules promulgated under sub. (2m)
is liable for the employer's failure to comply.
No seller of glazing materials is subject to the penalty under sub. (5)
or is liable for injuries occurring to any person if the seller has exercised reasonable care to see that the glazing materials sold by him or her are properly used.
Whoever violates the rules promulgated under sub. (2m)
may be required to forfeit not less than $100 nor more than $500.
The department shall establish, by rule, requirements for a person engaging in any of the following to provide adequate space in or adjacent to the building for the separation, temporary storage and collection of the materials listed in s. 287.07 (3)
, likely to be generated by the occupants of the building:
An increase in the size of a public building by 50 percent or more.
An alteration of 50 percent or more of the existing area of a public building that is 10,000 square feet or more in area.
In developing the requirements under sub. (1)
, the department shall consult with the council on recycling.
History: 1989 a. 335
; 1995 a. 227
See also s. SPS 362.0400
, Wis. adm. code.
Building requirements for certain residential facilities.
The department, after consultation with the department of health services, shall develop a building code for previously constructed buildings converted to use as community-based residential facilities as defined in s. 50.01 (1g)
which serve between 9 and 20 residents who are not related to the operator or administrator. In setting standards, the department shall consider the criteria enumerated in ss. 46.03 (25)
and 50.02 (3) (b)
, and in addition shall consider the relationship of the development and enforcement of the code to any relevant codes of the department of health services. The objectives of the code shall be to guarantee health and safety and to maintain insofar as possible a homelike environment. Notwithstanding s. 101.121
, a historic building as defined in s. 101.121 (2) (am)
which is converted to use as a community-based residential facility serving between 9 and 20 residents who are not related to the operator or administrator is governed only by the building code promulgated under this section.
See also s. SPS 362.0400 (4)
, Wis. adm. code.
“Amusement facility" means any zoo, state or local park, amusement or theme park, state fair park, county or other local fairgrounds, or any similar facility, as determined by department rule.
“Facility where the public congregates" means any of the following that has a general capacity or a seating capacity of 500 or more persons:
An airport, bus terminal, train station or other transportation center.
“Renovation" means any structural remodeling, improvement or alteration of an existing facility where the public congregates. “Renovation" does not include any of the following:
Cosmetic remodeling, including painting or the installation of wall covering, of paneling, of floor covering or of suspended ceilings.
“School" means a public or private elementary or secondary school.
“Specialty event center" means an open arena used for rallies, concerts, exhibits or other assemblies, with no permanent structure for such assembly.
Equal speed of access required.
The owner of a facility where the public congregates shall equip and maintain the restrooms in the facility where the public congregates with a sufficient number of permanent or temporary toilets to ensure that women have a speed of access to toilets in the facility where the public congregates that equals the speed of access that men have to toilets and urinals in that facility where the public congregates when the facility where the public congregates is used to its maximum capacity.
The department shall promulgate rules that establish standards that the owner of a facility where the public congregates shall meet to achieve the equal speed of access required under par. (a)
This section does not apply to any of the following:
If a facility where the public congregates contains a hotel, restaurant or school, the requirements of this section shall apply only to the portion of the facility where the public congregates that is not part of the hotel, restaurant or school.
Six months after rules promulgated.
This section applies to any facility where the public congregates at which the following events begin on or after the first day of the 7th month beginning after the department promulgates rules under this section:
If the facility is a new structural facility, initial construction of any structure.
If the facility is a new facility that will contain no permanent structure to serve the public, other than structures to house restrooms or other minor structures, the establishment of the facility.
If the facility is an existing structural facility, renovations that affect more than 50 percent of the facility's square footage.
If the facility is an existing structural facility, the initial construction of any structural addition to the facility that has a square footage equal to or larger than 51 percent of the existing facility's square footage.
If the facility is an existing facility with no permanent structure to serve the public, other than structures to house restrooms or other minor structures, the addition of land to the facility that has an acreage equal to or larger than 51 percent of the existing facility's acreage.
Renovations or additions.
In any existing facility where the public congregates to which this section applies under par. (a) 3.
, the requirements of this section apply only to the renovated portion of the facility or to the structural or land addition of the facility.
Physically disabled persons; place of employment and public building requirements. 101.13(1)(1)
In this section, “access" means the physical characteristics of a place which allow persons with functional limitations caused by impairments of sight, hearing, coordination or perception or persons with semiambulatory or nonambulatory disabilities to enter, circulate within and leave a place of employment or public building and to use the public toilet facilities and passenger elevators in the place of employment or public building without assistance.
Except as provided in par. (b)
, the department shall by rule provide minimum requirements to facilitate the use of public buildings and places of employment by physically disabled persons where traffic might reasonably be expected by such persons.
The department may not promulgate a rule requiring that a unisex toilet room be provided in any public building or place of employment.
Any place of employment or public building, the initial construction of which is commenced after July 1, 1970, but prior to May 27, 1976, shall be so designed and constructed as to provide reasonable means of ingress and egress by the physically disabled with the exception of:
Apartment houses with less than 20 units, row houses and rooming houses;
State buildings specifically built for field service purposes such as but not limited to conservation fire towers, fish hatcheries, tree nursery buildings; and
University residence halls at universities which have at least 3 residence halls for men and 3 residence halls for women so constructed as to allow physically disabled persons reasonable means of ingress and egress to such buildings.
The requirements of par. (a)
may be accomplished by at least one ground or street level entrance and exit without steps, by ramps with slopes not more than one foot of rise in 12 feet, coated with a nonskid surface, or by elevator or such other arrangement as may be reasonably appropriate under the circumstances and which meets with the approval of the department or in lieu thereof with the approval of the municipality wherein the building is located. The doors of such entrance and exit must have a clear opening of at least 40 inches in width and shall otherwise conform to the department building code.
If any ground or street level entrance or exit is not so designed or constructed a sign shall be placed at such entrance or exit indicating the location of the entrance or exit available for wheelchair service.
Any place of employment or public building, unless exempted by rule of the department, the initial construction of which is commenced on or after May 27, 1976, shall be designed and constructed so as to provide reasonable means of access. Buildings, as defined in s. 703.02 (5)
, 1975 stats., of 2 stories or less in height shall be exempt from requirements relating to parking space, ramps and grade-level entrances.
The department shall by rule provide minimum regulations to ensure the access to and use of buildings prescribed in pars. (a)
Except as provided in subd. 2.
, no governmental unit may issue any authorization to occupy any place of employment or public building prescribed in pars. (a)
unless the owner thereof files with that governmental unit a true certification of compliance with the rules under par. (e)
applicable to that place of employment or public building relating to the reservation and marking of parking spaces for use by a motor vehicle used by a physically disabled person.
An authorization to occupy a place of employment or public building prescribed in pars. (a)
may be issued prior to the completion of parking facilities for that place of employment or public building if the owner files a true certification that upon completion of any parking facility for that place of employment or public building that parking facility shall comply with the rules under par. (e)
applicable to that place of employment or public building as specified in subd. 1.
Any place of employment or public building subject to sub. (2)
shall be so designed and constructed to allow physically disabled persons reasonable means of access from a parking lot, if any, ancillary to such buildings.
The owner of any building who fails to meet the requirements of this section may be required to reconstruct the same by mandatory injunction in a circuit court suit brought by any interested person. Such person shall be reimbursed, if successful, for all costs and disbursements plus such actual attorney fees as may be allowed by the court.
Every place of employment and public building, except those described in sub. (2) (a) 1.
, the construction of which is begun after May 24, 1974 but prior to May 27, 1976, on each floor that is accessible to disabled persons, including persons in wheelchairs, which has public toilets shall have:
All public toilet rooms and at least one toilet compartment therein so designed and constructed that they will be suitable for entry and use by handicapped persons, including persons in wheelchairs;