Notwithstanding s. 814.04 (1)
, a retailer who prevails in an action under par. (a)
shall be awarded reasonable attorney fees.
An action under this subsection shall be commenced within 180 days after the cause of action accrues or be barred.
This section does not apply to railroads engaged in interstate commerce or to equipment used by them.
See also ss. SPS 305.73
, Wis. adm. code.
Machines and boilers, safety requirement. 101.17(1)(1)
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)
Chemical recovery boiler inspections. 101.17(2)(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.
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.
History: 1971 c. 185
; 1971 c. 228
; Stats. 1971 s. 101.17; 1995 a. 27
; 2021 a. 110
Local energy resource systems. 101.175(1)(a)
“Local energy resource system" means a solar energy system, a wind energy system or a wood energy system.
“Solar energy system" means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.
“Wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy.
“Wood energy system" means a woodburning stove or furnace.
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.
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)
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:
Promote accurate consumer evaluation of local energy resource systems and components thereof.
Conform, where feasible, with national performance standards promulgated or recognized by the federal government for local energy resource systems.
Promote the production, marketing and installation of local energy resource systems.
The quality standards under sub. (3)
shall include but are not limited to:
The requirement of a warranty and minimum requirements for the contents thereof.
The requirement of an operation and maintenance manual and minimum requirements for the contents thereof.
Minimum specifications for materials, workmanship, durability and efficiency.
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.
Misrepresentation, misuse or duplication of the department seal of quality issued under sub. (5)
shall be deemed deceptive advertising under s. 100.18 (9m)
At the request of any buyer of a local energy resource system the department may inspect any local energy resource system necessary to ascertain compliance with this section.
See also ch. SPS 371
, Wis. adm. code.
Installation and servicing of heating, ventilating and air conditioning equipment. 101.178(1)(1)
In this section, “political subdivision" means a city, village, town or county.
No person may engage in the business of installing or servicing heating, ventilating or air conditioning equipment unless the person registers with the department.
The department shall promulgate rules for a voluntary program under which a person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment may obtain certification by passing an examination developed or selected by the department.
A political subdivision may not require a person to obtain certification under par. (a)
in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in that political subdivision unless all of the following apply:
On April 23, 1994, the political subdivision requires certification, licensure or other approval by the political subdivision in order to engage in that business in the political subdivision.
The political subdivision allows a person who has the approval under subd. 1.
on April 23, 1994, to continue to engage in that business in the political subdivision without obtaining certification under par. (a)
A political subdivision may not require a person who is certified under par. (a)
to obtain certification, licensure or other approval by the political subdivision in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in that political subdivision.
A political subdivision may not require a person to obtain certification, licensure or other approval by the political subdivision in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment in the political subdivision unless the political subdivision requires that approval before November 1, 1993.
The department may establish fees to cover the costs of administering this section.
Any person who violates sub. (2)
shall be required to forfeit not less than $50 nor more than $1,000. Each installation or servicing in violation of sub. (2)
constitutes a separate violation.
History: 1993 a. 243
See also ss. SPS 305.70
Wis. adm. code.
The department shall ascertain, fix and order such reasonable standards, rules or regulations for the erection, construction, repair and maintenance of electric fences as shall render them safe.
History: 1971 c. 185
; 1971 c. 228
; Stats. 1971 s. 101.18.
Fees and records. 101.19(1b)(a)
“Amusement attraction" means any game of skill, show, or exhibition that does not constitute an amusement or thrill ride entertainment device.
“Amusement or thrill ride" means any device that carries frequenters in an unusual, entertaining or thrilling mode of motion or any vehicle providing entertainment or transportation to, from or within an amusement area.
The department, by rule promulgated under ch. 227
, shall fix and collect fees which shall, as closely as possible, equal the cost of providing the following services:
The examination of plans for public buildings, public structures, places of employment and the components thereof.
The required inspection of boilers, pressure vessels, refrigeration plants, liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.
Determining and certifying the competency of inspectors, blasters and welders.
Each inspection of a facility conducted to ensure that the construction is in accordance with the plans approved by the department.
Administration of the manufactured dwelling program, the one-family and two-family dwelling programs, and the manufactured home and mobile home program.
Inspections of mines, tunnels, quarries, pits and explosives.
Administering subch. VII
, except that the department may not charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (c)
The department shall collect an annual fee of $20 for issuing a license under s. 101.16 (3g)
to a retailer who only fills department of transportation cylinders.
The department shall issue and record required certificates of inspection or of registration for equipment listed in sub. (1g) (b)
See also chs. SPS 302
, Wis. adm. code.
The department shall require a suitable space in which lunches may be eaten in any place of employment if found by the department to be reasonably necessary for the protection of the life, health, safety and welfare of employees therein.
History: 1971 c. 185
; 1971 c. 228
; Stats. 1971 s. 101.211; 1977 c. 29
Executive agreements to control sources of radiation.
When the joint legislative council determines that it is in the interest of the state to enter into agreement with the government of the United States to provide for the discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by the state pursuant to authority granted by P.L. 86-373
, it shall convey its determination to the governor together with its estimate of the initial and ultimate cost of the assumption of this responsibility by the state and the governor, on behalf of the state, may, after a finding by both the governor and the U.S. nuclear regulatory commission as to the adequacy of the state's program of regulation, enter into such an agreement.
History: 1977 c. 29
; 1993 a. 52
Fire dues distribution. 101.573(1)(1)
The department shall include in the compilation and certification of fire department dues under sub. (3)
2 percent of the premiums paid to the state fire fund for the insurance of any public property, other than state property. The department shall notify the secretary of administration of the amount certified under this subsection and the secretary of administration shall charge the amount to the state fire fund.
On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93
and the dues paid by the state fire fund under sub. (1)
and funds remaining under par. (b)
, withhold .5 percent and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.165 (2) (L)
to each city, village, or town entitled to fire department dues under s. 101.575
. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575
The amount withheld under par. (a)
shall be disbursed to correct errors of the department or the commissioner of insurance or for payments to cities, villages, or towns which are first determined to be eligible for payments under par. (a)
after May 1. The department shall certify to the secretary of administration, as near as is practical, the amount which would have been payable to the municipality if payment had been properly disbursed under par. (a)
on or prior to May 1, except the amount payable to any municipality first eligible after May 1 shall be reduced by 1.5 percent for each month or portion of a month which expires after May 1 and prior to the eligibility determination. The secretary of administration shall pay the amount certified to the city, village, or town. The balance of the amount withheld in a calendar year under par. (a)
which is not disbursed under this paragraph shall be included in the total compiled by the department under par. (a)
for the next calendar year. If errors in payments exceed the amount set aside for error payments, adjustments shall be made in the distribution for the next year.
The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it, and the commissioner of insurance shall furnish to the secretary of administration, upon request, a list of the insurers paying dues under s. 601.93
and the amount paid by each.
History: 1981 c. 20
; Stats. 1981 s. 101.58; 1981 c. 364
; Stats. 1981 s. 101.573; 1987 a. 27
; 1995 a. 27
; 2001 a. 109
; 2003 a. 33
; 2011 a. 32
Entitlement to dues. 101.575(1)(a)
Except as provided in par. (am)
, every city, village or town maintaining a fire department that complies with this subsection and the requirements of subs. (3)
is entitled to a proportionate share of all fire department dues collected under ss. 101.573
after deducting the administrative expenses of the department under s. 101.573
, based on the equalized valuation of real property improvements upon land within the city, village or town, but not less than the amount the municipality received under s. 601.93 (3)
, 1977 stats., and chapter 26, laws of 1979
, in calendar year 1979.
If the department determines that a city, village or town fire department has failed to satisfy the requirements of this subsection or subs. (3)
, the department shall nonetheless pay dues for that calendar year to that city, village or town. The department shall issue a notice of noncompliance to the chief of the fire department, the governing body and the highest elected official of the city, village or town. If the fire department cannot demonstrate to the department that the fire department has met all requirements within one year after receipt of the notice or prior to the next audit by the department, whichever is later, the city, village or town shall not be entitled to dues under par. (a)
for that year in which the city, village or town becomes not entitled to dues and for all subsequent calendar years until the requirements are met.
Every city, village or town that contracts for fire protection and fire prevention services that comply with s. 101.14 (2)
from another city, village or town is entitled to the dues specified in par. (a)
if the department determines that the fire department furnishing the protection can provide the agreed protection without endangering property within its own limits and the fire prevention services comply with s. 101.14 (2)
Any city, village or town, not maintaining a fire department, that for the purpose of obtaining fire protection and prevention services for itself enters into an agreement with another city, village or town, is entitled to the dues specified in par. (a)
if the department determines that the fire prevention services comply with s. 101.14 (2)
. Two or more municipalities that together have entered into a fire protection agreement in the manner prescribed in this paragraph shall each be entitled to dues under par. (a)
If a city or village contracts to provide fire protection and the services of its fire department outside of its boundaries, it is subject to the same liability for property damage and personal injury when responding to calls and providing services outside of its boundaries as when providing the same services within its boundaries.