101.12 Approval and inspection of public buildings and places of employment and components. (1) Except for plans that are reviewed by the department of health services
May 22, 2026, are designated by NOTES. (Published 5-22-26)
101.12
REGULATION OF INDUSTRY, BUILDINGS AND SAFETY
under s. 50.02 (2) (b), 50.025, 50.36 (2), or 50.92 (3m), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components: (a) Heating, ventilation, air conditioning and fire detection, prevention or suppression systems. (b) Industrial exhaust systems. (c) Elevators, escalators, lifts, as defined in s. 167.33 (1) (f), and power dumbwaiters. (d) Stadiums, grandstands and bleachers. (e) Amusement and thrill rides equipment. (2) Plans of said buildings, structures and components shall be examined for compliance with the rules of the department and a statement of the examination returned to the designer and owner before construction is started. Nothing in this section shall relieve the designer of the responsibility for designing a safe building, structure or component. (3) The department shall: (a) Accept the examination of essential drawings, calculations and specifications in accordance with sub. (1) performed by cities of the 1st class provided the same are examined in a manner approved by the department. (am) Accept the examination of essential drawings, calculations and specifications in accordance with sub. (1) performed by a 2nd class city that is certified pursuant to sub. (3m). (b) Accept the examination of essential drawings, calculations, and specifications in accordance with sub. (1) for buildings containing less than 50,000 cubic feet of volume and alterations of spaces involving less than 100,000 cubic feet of volume performed by cities, villages, towns, or counties, provided the same are examined in a manner approved by the department. The department shall determine and certify the competency of all such examiners. (bg) Accept the examination of essential drawings, calculations, and specifications in accordance with sub. (1) for buildings and alterations not specified in par. (b) if all of the following are satisfied: 1. The department appoints the city, village, town, or county as an agent of the department under sub. (3g). 2. The drawings, calculations, and specifications are examined in a manner approved by the department. 3. The department determines and certifies the competency of all such examiners. (bm) Accept the review and determination performed by 1st class cities on variances for buildings if the variances are reviewed and decided on in a manner approved by the department. (bq) Accept the review and determination performed by 2nd class cities that are certified pursuant to sub. (3m) on variances for buildings if the variances are reviewed and decided on in a manner approved by the department. (br) Accept the review and determination on variances for buildings containing less than 50,000 cubic feet of volume and alterations of spaces involving less than 100,000 cubic feet of volume performed by cities, villages, towns, and counties certified under par. (b) if the department has certified the competency of the city, village, town, or county to issue variances and if the variances are reviewed in a manner approved by the department. Owners may submit variances to the city, village, town, or county or to the department. (bw) Accept the review and determination on variances for buildings and alterations not specified in par. (br) performed by cities, villages, towns, or counties certified under par. (b) that the department has appointed as agents under sub. (3g), if the depart-
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ment has certified the competency of the city, village, town, or county to issue variances and if the variances are reviewed in a manner approved by the department. Owners may submit variances to the city, village, town, or county or to the department. (c) Determine and certify the competency of inspectors of boilers, unfired pressure vessels, refrigeration plants, elevators, escalators and power dumbwaiters. (d) Accept inspections at no cost performed by inspectors for whom evidence of competency has been furnished to the department. (e) Approve inspection service maintained or employed by owners or operators of boilers and unfired pressure vessels. (f) Accept inspections at no cost performed by approved owner or operator inspection service and provide shop inspection service when deemed necessary. (g) Accept inspection at no cost when performed by qualified and authorized inspectors for a city, village, town or county for the inspection of buildings and equipment located within the city, village, town or county. The department shall determine and certify the competency of all such inspectors. (h) Require all local officers not authorized by the department to grant approvals as provided in pars. (a) and (b) to deny permits or licenses for construction or use of public buildings, public structures and places of employment until the required drawings and calculations have been examined by the department. (3c) If the department has delegated authority to perform building inspection services under this section to a city, village, town, or county and the city, village, town, or county has assumed that responsibility, the department may not perform building inspection services within the scope of that delegation in the city, village, town, or county. (3g) (a) This subsection establishes the manner under which a city, village, town, or county may examine plans and make inspections for buildings and alterations not specified under sub. (3) (b) as an appointed agent of the department. (b) Before assuming any of the department’s plan examination or inspection responsibilities for buildings and alterations not specified in sub. (3) (b), a city, village, town, or county shall comply with all of the following: 1. Submit a written request to the department at least 30 days prior to the date upon which the city, village, town, or county desires to assume agent responsibilities for plan examination or building inspection. 2. Include a description of the desired responsibilities in the request under subd. 1. 3. Include in the request under subd. 1. a description of the qualifications and ability the city, village, town, or county has for assuming the desired responsibilities. 4. Adopt the commercial building code in its entirety by ordinance. 5. Forward to the department a copy of the ordinance specified in subd. 4. and any subsequent revisions to that ordinance. 6. Receive from the department a written statement prescribing the responsibilities that are to be assumed. (c) The department shall review and make a determination on a request submitted under par. (b) 1. within 20 business days of receipt. (d) While appointed as an agent, a city, village, town, or county is subject to s. SPS 361.60 (5) (d) to (h) and (6), Wis. Adm. Code, and shall comply with all of the following: 1. Submit to the department the fees specified in s. SPS 302.31 (1) (h), Wis. Adm. Code. 2. Provide a monthly report to the department of all projects
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completed under this subsection, in an electronic-based format prescribed by the department. 3. Forward to the department any revisions to the ordinance specified in par. (b) 4. 4. Notify the department, in writing, at least 30 days prior to the date upon which the city, village, town, or county intends to relinquish the responsibilities assumed under this subsection. (e) The department may revoke the appointment of an agent if the plan examiners or inspectors of the agent do not meet the standards specified by the department or if other requirements of this subchapter are not met. (3m) (a) The department shall promulgate rules for the administration of a program to certify 2nd class cities to perform the examination of essential drawings, calculations and specifications in accordance with sub. (1). (b) A 2nd class city may apply for certification by the department under this subsection if that city employs at least one architect or one professional engineer who has been granted a certificate of registration under s. 443.10. The department shall certify a 2nd class city when the department determines and certifies the competency of all examiners employed by the city. The department shall review the competency of the examiners of a city that is certified under this subsection on a regular basis and may revoke the certification of a city if the examiners do not meet standards specified by the department. (c) Owners within the 2nd class city may obtain examinations from the city or the department. (d) The department shall certify 2nd class cities to perform reviews and determinations of variances under sub. (3) (bq) if the 2nd class city has been certified for purposes of sub. (3) (b). (e) The department shall by rule set fees, to be collected by the 2nd class city and remitted to the department, to meet the department’s costs in enforcing and administering its duties under sub. (3) (am) and this subsection. (3o) (a) In this subsection: 1. “Agent appointment” means appointment as an agent of the department under sub. (3g) or s. SPS 361.61, Wis. Adm. Code, in effect on April 4, 2018. 2. “Certification” means certification under sub. (3) (b) or (3m). (b) The department shall establish requirements for cities, villages, towns, and counties to electronically renew their agent appointments and certifications every 5 years. The process shall allow cities, villages, towns, and counties with agent appointments and certifications made 5 years or more before April 5, 2018, to renew those agent appointments and certifications within deadlines specified by the department. (3r) An owner of a building may request, and the department may grant, a variance from standards contained in a rule relating to constructing, altering, and adding to public buildings and buildings that are places of employment if the department finds that the requested variance will impose an equivalent standard that meets the intent of the rule. (4) (a) Except as provided in par. (b), any inspection performed to determine compliance with the rules promulgated by the department that relate to constructing, altering, or adding to public buildings and buildings that are places of employment may be performed only by a person who is certified under rules promulgated by the department to make such inspections. (b) The certification requirement under par. (a) does not apply to any of the following: 1. An inspection performed under s. 101.14 (2) (b) or (c) by an inspector who is designated under s. 101.14 (2) (d) to make such inspections.
101.1206
2. An inspection performed by an inspector who has received certification under s. 101.14 (4r). (5) (a) In this subsection: 1. “Plans” means construction plans, designs, specifications and related materials filed with the department, city, village, town or county concerning a structure. 2. “Secure structure” means a building or other structure of a type which the department, city, village, town or county determines to have extraordinary security requirements, including but not limited to structures used: a. For the safekeeping of large sums of money, negotiable instruments, securities or other valuables; b. As a jail, correctional facility or other secure facility for persons in detention; c. For the safekeeping or evaluation of evidence in criminal proceedings or investigations; d. For the safekeeping of weapons, ordnance or explosives; or e. In the generation, transmission or distribution of electric power, fuels or communications. (b) A person requesting to inspect or copy plans shall submit a written application identifying the structure or proposed structure whose plans are sought to be inspected or copied, providing the full name and address of the requester and stating that any information obtained from the inspection or copying will not be used for any unlawful or unfair competitive purpose and that the information set forth in the application is true and correct. (c) If an application submitted under par. (b) requests inspection or copying of plans for a secure structure or proposed secure structure that is or is anticipated to be owned by or leased to the state, the plans are not subject to the right of inspection or copying except as the department of administration otherwise provides by rule. If an application submitted under par. (b) requests inspection or copying of plans for any other secure structure or proposed secure structure, the department, city, village, town or county shall consider the information supplied in the application and weigh the possible harm to the public interest which may result from permitting inspection and copying of the plans against the benefits of allowing such inspection or copying. If the department, city, village, town or county determines that the possible harm to the public interest outweighs the benefit to the requester and to the public interest of allowing such inspection or copying, it may deny the application or grant it upon such conditions as it determines are necessary to protect the public interest. This paragraph does not apply to an application submitted by a law enforcement agency or person authorized to have access to the plans by lawful subpoena. (d) The department, city, village, town or county may charge a reasonable amount to defray its costs in providing copies of the plans. (6) The department shall promulgate rules relating to the enforcement of this subchapter and subch. IV and ch. 145 for public schools constructed before 1930 and establishing life-safety plans for all public schools. History: 1971 c. 185; 1971 c. 228 s. 42; Stats. 1971 s. 101.12; 1973 c. 326; 1979 c. 64, 243; 1983 a. 27; 1989 a. 31, 347; 1991 a. 39; 1993 a. 16; 1995 a. 27 ss. 3660, 3660m, 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2011 a. 199; 2013 a. 270; 2015 a. 55; 2017 a. 198, 329, 330, 331; 2021 a. 238 ss. 44, 45; 2021 a. 240 s. 30. Cross-reference: See also chs. SPS 318, 334, and 361, Wis. adm. code. The state statutes and building code have not preempted the field as to school buildings; local building codes apply to the extent that they are not inconsistent. Hartford Union High School v. City of Hartford, 51 Wis. 2d 591, 187 N.W.2d 849 (1971). Plans and specifications filed under this section are public records and are available for public inspection. 67 Atty. Gen. 214.
101.1206 Erosion control; construction of public buildings and buildings that are places of employment.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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REGULATION OF INDUSTRY, BUILDINGS AND SAFETY
(1) The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings and buildings that are places of employment. (2) The department shall require the submission of plans for erosion control at construction sites described in sub. (1) to the department or to a county, city, village, or town to which the department has delegated authority under sub. (4) and shall require approval of those plans by the department or the county, city, village, or town. (3) The department shall require inspection of erosion control activities and structures at construction sites described in sub. (1) by the department or a county, city, village, or town to which the department has delegated authority under sub. (4). (4) The department may delegate authority under this section to a county, city, village or town. (5) Except as provided in sub. (5m), the authority of a county, city, village, or town with respect to erosion control at sites described in sub. (1) is limited to that authority delegated under sub. (4) and any other authority provided in rules promulgated under this section. (5m) Notwithstanding subs. (1) and (5), a county, city, village, or town that has in effect on January 1, 1994, an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under sub. (1). (6) The department, or a county, city, village, or town to which the department delegates the authority to act under this subsection, may issue a special order directing the immediate cessation of work on a construction site described in sub. (1) until any required plan approval is obtained or until the site complies with standards established by rules promulgated under this section. (7) The department shall promulgate rules for the administration of this section. History: 2011 a. 32 ss. 2331, 2898c to 2905; Stats. 2011 s. 101.1206; 2013 a. 20.
101.121 State historic building code. (1) PURPOSE. It is the purpose of this section to provide alternative standards, when necessary, for the preservation or restoration of buildings or structures designated as historic buildings. The development and application of these alternative standards is a matter of statewide concern. These alternative standards are intended to facilitate the restoration of historic buildings so as to preserve their original or restored architectural elements and features, to encourage energy conservation, to permit a cost-effective approach to preservation and restoration and to provide for the health, safety and welfare of occupants and visitors in historic buildings. (2) DEFINITIONS. In this section: (a) “Certified local register of historic property” means a register of historic property which is part of a historic preservation ordinance promulgated by a city, village, town or county if the ordinance is certified by the state historical society under s. 44.44. (am) “Historic building” means any building or structure that is significant in the history, architecture or culture of this state, its rural or urban communities or the nation. (b) “National register of historic places in Wisconsin” means the places in Wisconsin that are listed on the national register of historic places maintained by the U.S. department of the interior. (c) “Qualified historic building” means a historic building which: 1. Is listed on, or has been nominated by the state historical
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society for listing on, the national register of historic places in Wisconsin or the state register of historic places; 2. Is included in a district which is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places, and has been determined by the state historical society to contribute to the historic significance of the district; 2m. Is determined by the state historical society to be eligible for listing on the national register of historic places in Wisconsin or the state register of historic places; 3. Is listed on a certified local register of historic property; or 4. Is included in a district which is listed on a certified local register of historic property, and has been determined by the city, village, town or county to contribute to the historic significance of the district. (d) “State register of historic places” means the places in Wisconsin listed by the state historical society under s. 44.36, except for a place listed as an interim listing by the state historical society under s. 44.36 (5) (a) 3. (3) RULES. (a) For any rule under this chapter or ch. 145 which applies to buildings, the department may provide an alternative rule which accomplishes the same general purpose and applies only to qualified historic buildings. These alternative rules shall permit, to the maximum extent possible, the use of original or duplicates of original materials, the maintenance of the original appearance of all components of a historic building and the use of original construction techniques. The department shall consult with the historic building code council regarding the development of alternative rules. All alternative rules taken together constitute the historic building code. (b) In order to permit the proper preservation or restoration of a qualified historic building, the department may grant a variance to any rule or alternative rule under this chapter or ch. 145 if the owner demonstrates that an alternative proposed by the owner accomplishes the same purpose as the rule or alternative rule. With respect to any variances requested under this chapter or ch. 145, the department shall give priority to processing variance requests by owners of qualified historic buildings. The department shall maintain a list of variances granted under this paragraph to owners of qualified historic buildings. (4) ELECTION. (a) Except as provided in par. (b), the owner of any qualified historic building may elect to be subject to the historic building code promulgated under sub. (3). Except as provided in s. 101.127, no owner who elects to be subject to the historic building code may be required to comply with any provision of any other building code, including but not limited to any county or municipal building code, or of any other local ordinance or regulation, if that provision concerns a matter dealt with in the historic building code. (b) Paragraph (a) does not apply to any owner of a nursing home as defined in s. 50.01 (3), a hospital as defined in s. 50.33 (2) (a) and (c) or an approved public or private treatment facility for alcoholics and persons who are drug dependent as defined in s. 51.45 (2) (b) and (c). History: 1981 c. 341; 1981 c. 391 s. 210; 1983 a. 189 s. 329 (5); 1985 a. 332; 1987 a. 395; 1991 a. 39; 1993 a. 471; 2017 a. 34. Cross-reference: See also chs. SPS 366, 375, 376, 377, 378, and 379, Wis. adm. code.
101.1215 Abrasive cleaning of historic buildings. (1) In this section: (a) “Abrasive cleaning method” means any cleaning procedure that uses any of the following materials or tools: 1. Abrasive materials, including sand, glass beads, ground slag, volcanic ash, crushed nutshells, rice husks, ground corncobs
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or crushed eggshells, carried in high-pressure or low-pressure air or water. 2. High-pressure water. (b) “Qualified historic building” has the meaning given in s. 101.121 (2) (c). (2) No person may use an abrasive cleaning method on the exterior of qualified historic buildings, except as authorized by department rule. (3) The department, in consultation with the state historical society and the department of administration, shall promulgate rules on the use of abrasive cleaning methods on the exterior of qualified historic buildings. The department may permit the use of any specific abrasive cleaning method on any specific building material only if it determines that the abrasive cleaning method will not cause irreparable damage to the building material to which it is applied. (4) (a) Any person who uses an abrasive cleaning method in violation of this section may be required to forfeit not less than $100 nor more than $1,000 for each offense. Each day of continued violation constitutes a separate offense. (b) Any owner of a qualified historic building who causes or permits the use of an abrasive cleaning method in violation of this section may be required to forfeit not less than $100 nor more than $1,000 for each offense. Each day of continued violation constitutes a separate offense. History: 1993 a. 471. Cross-reference: See also ch. SPS 372, Wis. adm. code.
101.123 Smoking prohibited. (1) DEFINITIONS. In this section: (ab) “Assisted living facility” means a community-based residential facility, as defined in s. 50.01 (1g), a residential care apartment complex, as defined in s. 50.01 (6d), or an adult family home, as defined in s. 50.01 (1) (b). (abm) “Child care center” has the meaning given in s. 49.136 (1) (ad). (ac) “Correctional facility” means any of the following: 1. A state prison, as defined or named in s. 302.01, except a correctional institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner’s place of residence and no one is employed there to ensure the prisoner’s incarceration. 2. A juvenile detention facility, as defined in s. 938.02 (10r), a secured residential care center for children and youth, as defined in s. 938.02 (15g), or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody. 3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under s. 302.30. (ae) “Educational facility” means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board. (aj) Notwithstanding s. 101.01 (5), “employment” means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged. (ak) “Enclosed place” means a structure or area that has all of the following: 1. A roof. 2. More than 2 substantial walls.
101.123
(ar) “Immediate vicinity of the state capitol” means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. “Immediate vicinity of the state capitol” does not include any location that is more than six feet from the state capitol building. (b) “Inpatient health care facility” means a hospital, as defined in s. 50.33 (2), a county home established under s. 49.70, a county infirmary established under s. 49.72, a nursing home, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a Wisconsin veterans home under s. 45.50, or a treatment facility. (bn) “Lodging establishment” means any of the following: 1. A bed and breakfast establishment, as defined in s. 97.01 (1g). 2. A hotel, as defined in s. 97.01 (7). 3. A tourist rooming house, as defined in s. 97.01 (15k). (d) “Person in charge” means the person, or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or at a location where smoking is prohibited or regulated under this section. (dj) Notwithstanding s. 101.01 (11), “place of employment” means any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria. (dn) “Private club” means a facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose. (e) “Public conveyance” means a mass transit vehicle as defined in s. 340.01 (28m), a school bus as defined in s. 340.01 (56), or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within this state, but does not include such a device while providing transportation in interstate commerce. (eg) “Public place” means any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited. (f) “Restaurant” has the meaning given in s. 97.01 (14g). (g) “Retail establishment” means any store or shop in which retail sales is the principal business conducted. (gg) “Retail tobacco store” means a retail establishment that does not have a “Class B” intoxicating liquor license or a Class “B” fermented malt beverages license and that generates 75 percent or more of its gross annual income from the retail sale of tobacco products and accessories. (h) “Smoking” means burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco: 1. A lighted cigar. 2. A lighted cigarette. 3. A lighted pipe. 4. Any other lighted smoking equipment. (hm) “Sports arena” means any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held. (i) “State institution” means a mental health institute, as defined in s. 51.01 (12), a center for the developmentally disabled, as defined in s. 51.01 (3), or a secure mental health facility at which persons are committed under s. 980.06. (id) “Substantial wall” means a wall with no opening or with an opening that either does not allow air in from the outside or is less than 25 percent of the wall’s surface area. (im) “Tavern” means an establishment, other than a restau-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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REGULATION OF INDUSTRY, BUILDINGS AND SAFETY
rant, that holds a “Class B” intoxicating liquor license or Class “B” fermented malt beverages license. (in) “Tobacco bar” means a tavern that generates 15 percent or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and tobacco for pipes. (io) “Tobacco product” means any form of tobacco prepared in a manner suitable for smoking but not including a cigarette. (ip) “Treatment facility” means a publicly or privately operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons. (j) “Type 1 juvenile correctional facility” has the meaning given in s. 938.02 (19). (2) PROHIBITION AGAINST SMOKING. (a) Except as provided in sub. (3), no person may smoke in any of the following enclosed places: 1g. The state capitol. 1m. Residence halls or dormitories owned or operated by a college or university. 1r. Child care centers. 2. Educational facilities. 3. Inpatient health care facilities. 4. Theaters. 5m. Correctional facilities. 5t. State institutions. 7. Restaurants. 7m. Taverns. 7r. Private clubs. 8. Retail establishments. 8d. Common areas of multiple-unit residential properties. 8g. Lodging establishments. 8r. State, county, city, village, or town buildings. 9. All enclosed places, other than those listed in subds. 1g. to 8r., that are places of employment or that are public places. (d) No person may smoke at any of the following outdoor locations: 1. In the immediate vicinity of the state capitol. 2. Anywhere on the premises of a child care center when children who are receiving child care services are present. 3. Anywhere on the grounds of a Type 1 juvenile correctional facility. 4. A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System. (e) No person may smoke in any of the following: 1. A sports arena. 2. A bus shelter. 3. A public conveyance. (2m) RESPONSIBILITY OF PERSONS IN CHARGE. (a) No person in charge may allow any person to smoke in violation of sub. (2) at a location that is under the control or direction of the person in charge. (b) A person in charge may not provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited. (c) A person in charge shall make reasonable efforts to prohibit persons from smoking at a location where smoking is prohibited by doing all of the following: 1. Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.
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2. Refusing to serve a person, if the person is smoking in a restaurant, tavern, or private club. 3. Asking a person who is smoking to refrain from smoking and, if the person refuses to do so, asking the person to leave the location. (d) If a person refuses to leave a location after being requested to do so as provided in par. (c) 3., the person in charge shall immediately notify an appropriate law enforcement agency of the violation. (e) A person in charge may take measures in addition to those listed in pars. (b) and (c) to prevent persons from being exposed to others who are smoking or to further ensure compliance with this section. (3) EXCEPTIONS. The prohibition against smoking in sub. (2) (a) does not apply to the following: (h) A private residence. (i) A room used by only one person in an assisted living facility as his or her residence. (j) A room in an assisted living facility in which 2 or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed. (L) A retail tobacco store that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed. (m) A tobacco bar that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed. (4m) LOCAL AUTHORITY. This section does not limit the authority of any county, city, village or town to enact ordinances or of any school district to adopt policies that, complying with the purpose of this section, protect the health and comfort of the public. If a county, city, village, or town enacts an ordinance, or if a school district adopts a policy, regulating or prohibiting outside smoking in certain areas as authorized under this subsection, the ordinance may apply only to public property under the jurisdiction of the county, city, village, town, or school district. Such ordinance shall provide that the person in charge of a restaurant, tavern, private club, or retail establishment located in an area subject to the ordinance may designate an outside area that is a reasonable distance from any entrance to the restaurant, tavern, private club, or retail establishment where customers, employees, or persons associated with the restaurant, tavern, private club, or retail establishment may smoke. Such ordinance may not define the term “reasonable distance” or set any specified measured distance as being a “reasonable distance.” (6) UNIFORM SIGNS. The department shall, by rule, specify uniform dimensions and other characteristics of the signs required under sub. (2m). These rules may not require the use of signs that are more expensive than is necessary to accomplish their purpose. (7) SIGNS FOR STATE AGENCIES. The department shall arrange with the department of administration to have signs prepared and made available to state agencies for use in state facilities that set forth the prohibition against smoking. (8) PENALTIES. (a) Any person who violates sub. (2) shall be subject to a forfeiture of not less than $100 nor more than $250 for each violation. (d) Except as provided in par. (dm) or (em), any person in charge who violates sub. (2m) (b) to (d) shall be subject to a forfeiture of $100 for each violation. (dm) For violations subject to the forfeiture under par. (d), if the person in charge has not previously received a warning notice for a violation of sub. (2m) (b) to (d), the law enforcement officer
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shall issue the person in charge a warning notice and may not issue a citation. (em) No person in charge may be required under par. (d) to forfeit more than $100 in total for all violations of sub. (2m) (b) to (d) occurring on a single day. (9) INJUNCTION. Notwithstanding s. 165.60, state or local officials or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of this section. History: 1983 a. 211; 1985 a. 332 s. 253; 1987 a. 161 s. 13m; 1987 a. 403 s. 256; 1989 a. 97, 107, 251, 336; 1991 a. 28, 39, 130; 1993 a. 27, 313; 1995 a. 27 ss. 3661, 9126 (19); 1995 a. 77, 201, 404; 1999 a. 9, 72; 2001 a. 16; 2003 a. 268; 2005 a. 344; 2007 a. 20 s. 9121 (6) (a); 2009 a. 12, 185, 276; 2013 a. 165 s. 114; 2015 a. 55; 2019 a. 8.
101.125 Safety glazing in hazardous locations. (1) DEFINITIONS. In this section: (a) “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. (b) “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. (c) “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: 1. The nearest vertical edge of such panel is located within 2 feet of the nearest vertical edge of the door; and 2. The lower horizontal edge of such panel is less than 2 feet from the floor. (d) “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. (e) “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. (f) “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. (g) “Storm or combination door” means a door which protects an entrance or exit door against weather elements and affects indoor temperature control. (2m) RULES. 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. (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.
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(b) 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. (5) PENALTY. Whoever violates the rules promulgated under sub. (2m) may be required to forfeit not less than $100 nor more than $500. History: 1975 c. 293; 1981 c. 341; 1983 a. 189 s. 329 (4); 1995 a. 27; 2005 a. 45; 2017 a. 331.
101.126 Recycling space. (1) 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) or (4), likely to be generated by the occupants of the building: (a) The construction of a public building. (b) An increase in the size of a public building by 50 percent or more. (c) 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. (1m) In developing the requirements under sub. (1), the department shall consult with the council on recycling. History: 1989 a. 335, 359; 1995 a. 227. Cross-reference: See also s. SPS 362.0400, Wis. adm. code.
101.127 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. History: 1975 c. 413; 1975 c. 422 s. 163; Stats. 1975 s. 101.125; Stats. 1975 s. 101.127; 1981 c. 341; 1987 a. 161 s. 13m; 1995 a. 27 s. 9126 (19); 1997 a. 237; 2007 a. 20 s. 9121 (6) (a); 2007 a. 144. Cross-reference: See also s. SPS 362.0400 (4), Wis. adm. code.
101.128 Restroom equity. (1) DEFINITIONS. In this section: (a) “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. (b) “Facility where the public congregates” means any of the following that has a general capacity or a seating capacity of 500 or more persons: 1. An amusement facility. 2. A convention or trade hall or center. 3. A specialty event center. 4. A sports or entertainment arena, center or building. 5. A stadium. 6. An airport, bus terminal, train station or other transportation center. (c) “Hotel” has the meaning given in s. 97.01 (7). (d) “Renovation” means any structural remodeling, improve-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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REGULATION OF INDUSTRY, BUILDINGS AND SAFETY
ment or alteration of an existing facility where the public congregates. “Renovation” does not include any of the following: 1. Reroofing. 2. Cosmetic remodeling, including painting or the installation of wall covering, of paneling, of floor covering or of suspended ceilings. 3. An alteration to an electrical or mechanical system. (e) “Restaurant” has the meaning given in s. 97.01 (14g). (f) “School” means a public or private elementary or secondary school. (g) “Specialty event center” means an open arena used for rallies, concerts, exhibits or other assemblies, with no permanent structure for such assembly. (2) RESTROOM REQUIREMENTS. (a) 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. (b) Standards. 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). (3) EXEMPTIONS. (a) Exemptions established. This section does not apply to any of the following: 1. A hotel. 2. A restaurant. 3. A school. (b) Mixed-use facilities. 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. (4) APPLICABILITY. (a) 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: 1. If the facility is a new structural facility, initial construction of any structure. 2. 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. 3. If the facility is an existing structural facility, renovations that affect more than 50 percent of the facility’s square footage. 4. 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. 5. 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. (b) Renovations or additions. In any existing facility where the public congregates to which this section applies under par. (a) 3. to 5., the requirements of this section apply only to the renovated portion of the facility or to the structural or land addition of the facility. History: 1991 a. 110; 1993 a. 27; 2015 a. 55.
Updated 23-24 Wis. Stats.
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