Chapter 101

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.

101.17(2)(a) (a) If the owner or user of a chemical recovery boiler maintains insurance coverage for the boiler and is in good standing with the insurer that provides the coverage, no periodic inspection, including an internal inspection, of the boiler or any of its components that requires taking the boiler out of service may be required more frequently than once every 24 months.

101.17(2)(b) (b) If the owner or user of a chemical recovery boiler applies to the department for an exemption from a periodic inspection requirement, or an extension of the period between inspections that is required, and the application is made at least 120 days before the expiration of the inspection period that applies to the boiler, the department shall take final action on the application at least 90 days before the expiration of that inspection period.

101.17 History History: 1971 c. 185 ss. 1, 7; 1971 c. 228 ss. 19, 43; Stats. 1971 s. 101.17; 1995 a. 27; 2021 a. 110.

101.17 Cross-reference Cross-reference: See also chs. SPS 318, 333, 334, 341, 343, and 345, Wis. adm. code.

101.175 101.175 Local energy resource systems.

101.175(1) (1) In this section:

101.175(1)(a) (a) “Local energy resource system” means a solar energy system, a wind energy system or a wood energy system.

101.175(1)(b) (b) “Solar energy system” means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.

101.175(1)(c) (c) “Wind energy system” means equipment which converts and then transfers or stores energy from the wind into usable forms of energy.

101.175(1)(d) (d) “Wood energy system” means a woodburning stove or furnace.

101.175(1m) (1m) The purpose of this section is to establish statewide local energy resource system standards to promote accurate consumer evaluation of local energy resource systems and components thereof.

101.175(2) (2) Any manufacturer or retailer prior to the sale in this state of any local energy resource system or components thereof may request the department to issue a seal of quality for each system or component which meets or exceeds the quality standards established by the department under sub. (4).

101.175(3) (3) The department, in consultation with the department of agriculture, trade and consumer protection, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:

101.175(3)(a) (a) Promote accurate consumer evaluation of local energy resource systems and components thereof.

101.175(3)(b) (b) Conform, where feasible, with national performance standards promulgated or recognized by the federal government for local energy resource systems.

101.175(3)(c) (c) Promote the production, marketing and installation of local energy resource systems.

101.175(4) (4) The quality standards under sub. (3) shall include but are not limited to:

101.175(4)(a) (a) The requirement of a warranty and minimum requirements for the contents thereof.

101.175(4)(b) (b) The requirement of an operation and maintenance manual and minimum requirements for the contents thereof.

101.175(4)(c) (c) Minimum specifications for materials, workmanship, durability and efficiency.

101.175(5) (5) Upon request by any manufacturer or retailer of any local energy resource system or components thereof which meet or exceed the quality standards established under sub. (4), the department shall issue an appropriate seal of quality. The department may charge a fee to cover the cost of the seal and to cover the cost of examining the system or its components.

101.175(6) (6) Misrepresentation, misuse or duplication of the department seal of quality issued under sub. (5) shall be deemed deceptive advertising under s. 100.18 (9m).