101.14 Fire inspections, prevention, detection and suppression. (1) (a) The department may make reasonable orders for the repair or removal of any building or other structure which for want of repair or by reason of age or dilapidated condition or for any other cause is especially liable to fire, and which is so situated as to endanger other buildings or property and for the repair or removal of any combustible or explosive material or inflammable conditions, dangerous to the safety of any building or premises or the occupants thereof or endangering or hindering fire fighters in case of fire. (am) Notwithstanding par. (a), the department may not require the owner or operator of a mobile kitchen to install or maintain an automatic fire suppression system or an exhaust hood in, or as part of, the mobile kitchen if all of the following apply: 1. The mobile kitchen is less than 365 square feet in size. 2. The mobile kitchen is used on fewer than 12 days a year for the purpose of cooking. (b) The secretary and any deputy may at all reasonable hours enter into and upon all buildings, premises and public thoroughfares excepting only the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to the fire hazard or to the prevention of fire. (bm) The secretary and any deputy may, at all reasonable hours, enter the interior of private dwellings at the request of the owner or renter for the purpose of s. 101.145 (6) or 101.645 (4). (c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the state superintendent of public instruction. (2) (a) The chief of the fire department in every city, village or town, except cities of the 1st class, is constituted a deputy of the department, subject to the right of the department to relieve any such chief from duties as such deputy for cause, and upon such suspension to appoint some other person to perform the duty imposed upon such deputy. The department may appoint either the chief of the fire department or the building inspector as its deputy in cities of the 1st class. (b) The chief of every fire department shall provide for the inspection of every public building and place of employment to determine and cause to be eliminated any fire hazard or any violation of any law relating to fire hazards or to the prevention of fires. For purposes of this paragraph, the seasonal placement of a Christmas tree in the rotunda of the state capitol building or in a church is presumed not to be a fire hazard. (c) 1. Except as provided under subd. 2., the chief of every fire department shall provide that the inspections required under par. (b) be made at least once in each nonoverlapping 6-month period per calendar year in all of the territory served by his or her fire department. The chief of a fire department may require more frequent inspections than required under this subdivision. The department by rule shall provide for general exceptions, based on the type of occupancy or use of the premises, where less frequent inspections are required. Upon written request by the chief of a fire department, the department by special order may grant an ex-
101.14
ception to a city, village or town to conduct less frequent inspections than required under this subdivision. 2. In 1st class cities, the fire chief may establish the schedule of fire inspections in that city. The fire chief shall base the frequency of the inspections on hazardous classification, the proportion of public area, the record of fire code violations, the ratio of occupancy to size and any other factor the chief deems significant. Property other than residential property with 4 dwelling units or less shall be inspected at least once annually. (cm) In addition to the requirements of pars. (b) and (c), a fire department shall provide public fire education services. (d) The chief of every fire department, or, in 1st class cities, the building inspector appointed by the department under par. (a), shall designate a sufficient number of inspectors to make the inspections required under pars. (b) and (c). (e) Written reports of inspection shall be made and kept on file by the authority having jurisdiction to conduct inspections, or its designee, in the manner and form required by the department. (f) Every inspection required under pars. (b) and (c) is subject to the supervision and direction of the department, which shall, after audit, certify to the commissioner of insurance after the expiration of each calendar year each city, village or town where the inspections for the year have been made, and where records have been made and kept on file as required under par. (e). (3) The department shall annually conduct training sessions and provide manuals and other materials and services to assist deputies and inspectors in the fulfillment of their duties under sub. (2). (4) (a) The department shall make rules, pursuant to ch. 227, requiring owners of places of employment and public buildings to install such fire detection, prevention or suppression devices as will protect the health, welfare and safety of all employers, employees and frequenters of places of employment and public buildings. (b) 1m. In this paragraph, “private student residential building” means a privately owned and operated residential building that has a capacity of at least 100 occupants, that is occupied by persons at least 80 percent of whom are enrolled in an institution of higher education, and that has attributes usually associated with a student residence hall or dormitory such as a food service plan or occupancy by a resident advisor. 1r. Except as provided in subds. 2. and 3., the rules of the department shall require all such places and buildings over 60 feet in height, the construction of which is begun after July 3, 1974, to contain an automatic fire sprinkler system on each floor. 2. a. Subdivision 1r. does not apply to any open parking structure, as defined by the department. b. If the department determines that water would cause irreparable damage and undue economic loss if discharged in such places or buildings, it shall require a suppression device which has a substance other than water. c. Except as provided in subd. 3., subd. 1r. does not apply to any building over 60 feet in height the construction of which is completed or is begun prior to July 3, 1974. 3. The rules of the department shall require all of the following: a. Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin System to contain an automatic fire sprinkler system on each floor by January 1, 2006. b. Every residence hall and dormitory, the initial construction of which is begun on or after April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin
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REGULATION OF INDUSTRY, BUILDINGS AND SAFETY
System to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed. c. Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System, to contain an automatic fire sprinkler system on each floor by January 1, 2014. d. Every residence hall and dormitory, the initial construction of which is begun on or after January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System, to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed. e. Every student residential facility operated by a fraternity, sorority, or other organization authorized or sponsored by an institution of higher education, the initial construction of which was begun before January 7, 2006, and every private student residential building over 60 feet in height, the initial construction of which was begun before January 7, 2006, to contain an automatic fire sprinkler system on each floor by January 1, 2014. f. Every student residential facility operated by a fraternity, sorority, or other organization authorized or sponsored by an institution of higher education, the initial construction of which is begun on or after January 7, 2006, and every private student residential building, the initial construction of which is begun on or after January 7, 2006, to have an automatic fire sprinkler system installed on each floor at the time the facility is constructed. (c) The rules of the department governing such places and buildings under 60 feet in height shall be based upon but may vary from those provisions in the International Code Council, Inc., building code which relate to fire detection, prevention and suppression in public buildings and places of employment. (d) To the extent that the historic building code applies to the subject matter of this subsection, each qualified historic building, as defined under s. 101.121 (2) (c), is exempt from this subsection if the owner elects to be subject to s. 101.121. (de) 1. Notwithstanding par. (a) and sub. (1) (a) and s. 101.02 (15) (j), the department may not require, and notwithstanding s. 101.02 (7) (a) and (7r), no city, village, or town may enact or enforce an ordinance that requires, a county or organized agricultural society, association, or board to install or maintain an automatic fire suppression system in, or as part of, a building on fairgrounds if all of the following are satisfied: a. The building is open to the public only for seasonal or temporary event use for 180 cumulative days or fewer per year. b. Public access to the building is provided by garage style doors that remain open when the building is open to the public. 2. Notwithstanding s. 101.02 (7) (a) and (7r), if a city, village, or town has in effect on March 3, 2016, an ordinance with a requirement that is inconsistent with subd. 1., the requirement does not apply and may not be enforced. (dm) Each building required by rule under this subsection to contain fire detection, prevention and suppression devices shall have the necessary devices installed at the time of its construction. (e) Whoever violates this subsection may be fined not less than $100 but not more than $500 for each day of violation. (f) The department may inspect all buildings covered by this subsection and may issue such orders as may be necessary to assure compliance with it.
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(g) As used in this subsection: 1. “Automatic fire sprinkler system” has the meaning provided in s. 145.01 (2). 2. “Fire detection, prevention and suppression devices” include but are not limited to manual fire alarm systems, smoke and heat detection devices, fire extinguishers, standpipes, automatic fire suppression systems and automatic fire sprinkler systems. (4m) (a) In this subsection: 1. “Automatic fire sprinkler system” has the meaning given in s. 145.01 (2). 2. “Dwelling unit” has the meaning given in s. 101.61 (1). 4. “Nondwelling unit portions” means the common use areas of a multifamily dwelling, including corridors, stairways, basements, cellars, vestibules, atriums, community rooms, laundry rooms or swimming pool rooms. 5. “Political subdivision” means a county, city, village or town. 5m. “Two-hour fire resistance” means 2-hour fire separations for all walls that separate dwelling units, exit corridors and exit stair enclosures and for all floors and ceilings, so that the specified walls, floors and ceilings are capable of resisting fire for a period not shorter than 2 hours. (am) A political subdivision may enact ordinances, as provided in this paragraph, that require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling. Any ordinance enacted under this paragraph shall meet the standards established under pars. (b) and (c) or under pars. (d) and (e). (b) The department shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that contains any of the following: 1. Total floor area, for all individual dwelling units, exceeding 16,000 square feet. 2. More than 20 dwelling units. 3. Total floor area of its nondwelling unit portions exceeding the limits established in par. (c). (c) An automatic fire sprinkler system or 2-hour fire resistance is required under par. (b) in a multifamily dwelling constructed by any of the following types of construction if the total floor area of the nondwelling unit portions in the multifamily dwelling exceeds the following: 1. Type 1 fire resistive construction, 16,000 square feet. 2. Type 2 fire resistive construction, 12,000 square feet. 3. Type 3 metal frame protected construction, 8,000 square feet. 4. Type 4 heavy timber construction, 5,600 square feet. 5. Type 5A exterior masonry protected, 5,600 square feet. 6. Type 5B exterior masonry unprotected, 5,600 square feet. 7. Type 6 metal frame unprotected, 5,600 square feet. 8. Type 7 wood frame protected construction, 5,600 square feet. 9. Type 8 wood frame unprotected construction, 4,800 square feet. (d) A political subdivision’s ordinances, enacted to meet the requirements of this paragraph and par. (e), shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that contains any of the following: 1. Total floor area, for all individual dwelling units, exceeding 8,000 square feet. 2. More than 8 dwelling units. 3. Total floor area of its nondwelling unit portions exceeding the limits established in par. (e).
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(e) A political subdivision’s ordinances, enacted to meet the standards established in par. (d) and this paragraph, shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that is constructed by any of the following types of construction if the total floor area of the nondwelling unit portions in the multifamily dwelling exceeds the following: 1. Type 1 fire resistive construction, 12,000 square feet. 2. Type 2 fire resistive construction, 10,000 square feet. 3. Type 3 metal frame protected construction, 8,000 square feet. 4. Type 4 heavy timber construction, 5,600 square feet. 5. Type 5A exterior masonry protected, 5,600 square feet. 6. Type 5B exterior masonry unprotected, 5,600 square feet. 7. Type 6 metal frame unprotected, 5,600 square feet. 8. Type 7 wood frame protected construction, 5,600 square feet. 9. Type 8 wood frame unprotected construction, 4,800 square feet. (4r) (a) In this subsection, “fire detection, prevention, and suppression devices” has the meaning given in sub. (4) (g) 2. (b) A person may perform inspections of fire detection, prevention, and suppression devices being installed during the construction or alteration of, or the addition to, public buildings and places of employment only if he or she has received certification as an inspector from the department. (c) 1. The department shall promulgate rules establishing procedures and requirements for issuing certifications for purposes of par. (b). The department shall include in the rules a requirement that the person hold a valid certification from the national fire protection association qualifying him or her as a certified fire inspector I or that he or she hold a valid equivalent certification. 2. The department shall determine which certifications issued by other entities will qualify as valid equivalent certifications. Notwithstanding s. 227.10 (1), determinations under this subdivision shall not be promulgated as rules. (d) The department shall provide assistance to any nationwide or statewide organization that represents fire chiefs and that is engaged in providing training and certification opportunities for persons seeking to receive certification by the department under this subsection. History: 1971 c. 185 s. 1; 1971 c. 228; Stats. 1971 s. 101.14; 1973 c. 324, 326, 336; 1975 c. 39, 94; 1977 c. 29, 413; 1979 c. 221; 1981 c. 320, 341; 1983 a. 36; 1983 a. 189 s. 329 (8); 1983 a. 295, 410; 1985 a. 29; 1985 a. 135 s. 83 (3); 1987 a. 288, 321, 399; 1989 a. 31, 109, 359; 1991 a. 187, 269; 1993 a. 261; 1995 a. 27; 1997 a. 27; 1999 a. 9, 43, 186; 2003 a. 269; 2005 a. 78, 220; 2007 a. 148, 149, 173; 2011 a. 257; 2013 a. 20, 270; 2015 a. 240, 333; 2017 a. 331. Cross-reference: See s. 66.0119 for provision authorizing special inspection warrants. Cross-reference: See also chs. SPS 314 and 362, Wis. adm. code. Inspection of buildings for safety and fire prevention purposes under this section does not involve a quasi-judicial function within the meaning of s. 895.43 (3) [now s. 893.80 (4)]. Coffey v. City of Milwaukee, 74 Wis. 2d 526, 247 N.W.2d 132 (1976). Sub. (4m) (b) limits the authority of the Department of Commerce [now the Department of Safety and Professional Services] under sub. (4) (a) and s. 101.02 (15) only insofar as it mandates the department to require sprinkler systems in multifamily dwellings that exceed 20 units or the specified floor area. Sub. (4m) (b) plainly does not restrict the authority of the department under other statutory provisions to promulgate rules requiring fire protection devices in multifamily dwellings that have fewer dwelling units or a smaller floor area than that specified in the statute. Wisconsin Builders Ass’n v. Department of Commerce, 2009 WI App 20, 316 Wis. 2d 301, 762 N.W.2d 845, 08-1438.
101.141 Record keeping of fires. (1) Each city, village, and town fire department shall file a report for each fire that involves a building and that occurs within the boundaries of the city, village, or town with the U.S. fire administration for placement in the fire incident reporting system maintained by the U.S.
101.145
fire administration. The report shall be filed within 60 days after the fire occurs. (2) Each report filed under sub. (1) shall include all of the following information: (a) The age of the building. (b) The purpose for which the building was used at the time of the fire. (c) If the building was used as a home, whether the building was a multifamily dwelling complex, a single-family dwelling, or a mixed-use building with one or more dwelling units. (d) The number of dwelling units in the building, if the building was a multifamily dwelling complex or a mixed-use building. (e) Whether the building had an automatic fire sprinkler system at the time of the fire and, if so, whether the system was operational. (f) Whether the building had a fire alarm system at the time of the fire and, if so, whether the system was operational. (g) The cause of the fire. (gg) An estimate of the amount of damages to the building as a result of the fire. (gm) The number of human deaths due to the fire, if any. (gr) The number of human injuries due to the fire, if any. (h) Any other relevant information concerning the building, as determined by the fire department. (3) The department may review, correct, and update any report filed by a fire department under this section. History: 1975 c. 224; 2007 a. 75.
101.145 Smoke detectors. (1) DEFINITIONS. As used in this section: (a) “Residential building” means any public building which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children’s home, community-based residential facility or dormitory but does not include a hospital or nursing home. (b) “Sleeping area” means the area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas. (c) “Smoke detector” means a device which detects particles or products of combustion other than heat. (d) “Unit” means a residential building or that part of a residential building which is intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. (2) APPROVAL. A smoke detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization. (3) INSTALLATION AND MAINTENANCE. (a) The owner of a residential building shall install any smoke detector required under this section according to the directions and specifications of the manufacturer of the smoke detector. (b) The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building. (c) The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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REGULATION OF INDUSTRY, BUILDINGS AND SAFETY
5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional. (4) REQUIREMENT. The owner of a residential building the initial construction of which is commenced before, on or after May 23, 1978, shall install and maintain a functional smoke detector in the basement and at the head of any stairway on each floor level of the building and shall install a functional smoke detector either in each sleeping area of each unit or elsewhere in the unit within 6 feet of each sleeping area and not in a kitchen. (5) PENALTY. Whoever violates this section shall forfeit to the state not more than $50 for each day of violation. (6) DEPARTMENT INSPECTION AND ORDERS. The department may inspect all residential buildings, except the interior of private dwellings, as may be necessary to ensure compliance with this section. The department may inspect the interior of private dwellings at the request of the owner or renter as may be necessary to ensure compliance with this section. The department may issue orders as may be necessary to ensure compliance with this section. History: 1977 c. 388; 1983 a. 189; 1987 a. 376; 1989 a. 109; 2007 a. 205; 2011 a. 146.
101.1472 Contractor regulation. (1) In this section: (a) “Construction work” means construction, renovation, improvements, remodeling, installations, alterations, repairs, or demolition activities. (b) “License” means a license, a permit, or a certificate of certification or registration. (2) The department may not promulgate or enforce any rule that requires that a person who is engaged, or who offers to be engaged, in a business to do construction work hold a license issued under this chapter or ch. 145 unless the rule relates to a license specifically required by this chapter or ch. 145. History: 2013 a. 20.
101.148 Contractor notices. (1) DEFINITIONS. In this section: (a) “Consumer” means a person who enters into a written or oral contract with a contractor to construct or remodel a dwelling. (b) “Contractor” means a person who enters into a written or oral contract with a consumer to construct or remodel a dwelling. (c) “Deliver” means any of the following: 1. Depositing the document or written notice in the U.S. mail or with a commercial delivery service, addressed to the applicable person. 2. Giving the document or written notice personally to the applicable person. (d) “Dwelling” means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. “Dwelling” includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements. (e) “Remodel” means to alter or reconstruct a dwelling. “Remodel” does not include maintenance or repair work. (2) NOTICE REQUIRED AT TIME OF CONTRACTING. (a) Before entering into a written contract to construct or remodel a dwelling, or, if the parties enter into an oral contract, as soon as reasonably possible, but before commencing any work to construct or remodel a dwelling, the contractor shall deliver to the consumer a copy of the brochure prepared under s. 895.07 (13) and a notice worded substantially as follows: NOTICE CONCERNING CONSTRUCTION DEFECTS Wisconsin law contains important requirements you must fol-
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low before you may file a lawsuit for defective construction against the contractor who constructed your dwelling or completed your remodeling project or against a window or door supplier or manufacturer. Section 895.07 (2) and (3) of the Wisconsin statutes requires you to deliver to the contractor a written notice of any construction conditions you allege are defective before you file your lawsuit, and you must provide your contractor or window or door supplier the opportunity to make an offer to repair or remedy the alleged construction defects. You are not obligated to accept any offer made by the contractor or window or door supplier. All parties are bound by applicable warranty provisions. (b) The notice required under par. (a) shall be conspicuous and in writing and may be included within the contract between the contractor and the consumer. History: 2005 a. 201.
101.149 Carbon monoxide detectors. (1) DEFINITIONS. In this section: (ag) “Bed and breakfast establishment” has the meaning given in s. 97.01 (1g). (am) “Carbon monoxide detector” means an electronic or battery-operated device or system that sounds an alarm when an unsafe level of carbon monoxide is in the air. (as) “Fuel-burning appliance” means a device that burns fossil fuel or carbon-based fuel and that produces carbon monoxide as a combustion by-product. (b) “Residential building” means a tourist rooming house, a bed and breakfast establishment, or any public building that is used for sleeping or lodging purposes. “Residential building” does not include a hospital or nursing home. (c) “Sleeping area” has the meaning given in s. 101.145 (1) (b). (cm) “Tourist rooming house” has the meaning given in s. 97.01 (15k). (d) “Unit” means a part of a residential building that is occupied by one or more persons as a home, residence, or sleeping place. (2) INSTALLATION REQUIREMENTS. (ac) Carbon monoxide detectors required. Except as provided in sub. (5), the owner of a residential building shall provide carbon monoxide detectors at the locations specified in par. (ax) as required under pars. (ag) to (at). (ag) Fuel-burning appliances. Carbon monoxide detectors shall be provided in units that contain a fuel-burning appliance. (aL) Forced-air furnaces. Carbon monoxide detectors shall be provided in units served by a fuel-burning, forced-air furnace, except that carbon monoxide detectors are not required in a unit if a carbon monoxide detector is provided in the first room or area served by each main duct leaving the furnace and one of the following is satisfied: 1. The carbon monoxide alarm signals are automatically transmitted to all units served by the furnace and to a designated location at a facility staffed by trained personnel on a continuous basis where alarm and supervisory signals are monitored and facilities are provided for notification of the fire department. 2. In addition to the first room or area served by each main duct leaving the furnace, a carbon monoxide detector is installed in every 4th unit on the same floor as that first room or area. (ap) Fuel-burning appliances outside of units. Carbon monoxide detectors shall be provided in units located in residential buildings that contain fuel-burning appliances, except as follows: 1. Carbon monoxide detectors are not required in units where
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there are no openings between the fuel-burning appliance and the unit through which carbon monoxide can get into the unit. 2. Carbon monoxide detectors are not required in units where a carbon monoxide detector is provided in one of the following locations: a. Between the fuel-burning appliance and the unit. b. On the ceiling of the room containing the fuel-burning appliance. (at) Private garages. Carbon monoxide detectors shall be provided in units in buildings with attached private garages, except as follows: 1. Carbon monoxide detectors are not required where there are no openings between the private garage and the unit through which carbon monoxide can get into the unit. 2. Carbon monoxide detectors are not required in units located more than one story above or below the private garage. 3. Carbon monoxide detectors are not required where the private garage connects to the building through an open-ended corridor. 4. Where carbon monoxide detectors are provided between openings to the private garage and units, carbon monoxide detectors are not required in the units. 5. Carbon monoxide detectors are not required where the private garage has openings designed to provide natural ventilation, or is mechanically ventilated, in accordance with rules for natural and mechanical ventilation in public parking garages promulgated by the department. (ax) Locations. If required under pars. (ag) to (at), carbon monoxide detectors shall be installed in the following locations: 1. ‘Units.’ In units, outside of each separate sleeping area in the immediate vicinity of the sleeping rooms. 2. ‘Sleeping rooms.’ In sleeping rooms, if a fuel-burning appliance is located within the sleeping room or its attached bathroom. (d) Certification. Any carbon monoxide detector that bears an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization satisfies the requirements of this subsection. (e) Manufacturer directions and specifications. The owner shall install every carbon monoxide detector required by this subsection according to the directions and specifications of the manufacturer of the carbon monoxide detector. (3) MAINTENANCE REQUIREMENTS. (a) The owner of a residential building shall reasonably maintain every carbon monoxide detector in the residential building in the manner specified in the instructions for the carbon monoxide detector. (am) If any person certified under s. 101.12 (4) or 101.14 (4r) gives written notice to an owner of a residential building that a carbon monoxide detector in the residential building is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional. (b) An occupant of a unit in a residential building may give the owner of the residential building written notice that a carbon monoxide detector in the residential building is not functional or has been removed by a person other than the occupant. The owner of the residential building shall repair or replace the nonfunctional or missing carbon monoxide detector within 5 days after receipt of the notice. (c) The owner of a residential building is not liable for damages resulting from any of the following: 1. A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the residential building.
101.15
2. The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner or the result of a faulty detector that was reasonably maintained by the owner as required under par. (a). (4) TAMPERING PROHIBITED. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector. (5) EXCEPTION. Subsections (2) and (3) do not apply to the owner of a residential building if all of the fuel-burning appliances in the residential building have sealed combustion units that are covered by the manufacturer’s warranty against defects. (6) RULES. The department shall promulgate rules establishing a procedure under which the owner of a residential building may apply to the department for a waiver of the requirements under sub. (2). (7) INSPECTION. To ensure compliance with subs. (2) and (3), the department or a person certified under s. 101.12 (4) or 101.14 (4r) may inspect the common area of residential buildings and may inspect a unit within such buildings at the request of the owner or occupant of the unit to be inspected. (8) PENALTIES. (a) If the department of safety and professional services or the department of agriculture, trade and consumer protection determines after an inspection of a building under this section or s. 97.625 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected. (b) If a person is charged with more than one violation of sub. (2) or (3) arising out of an inspection of a building owned by that person, those violations shall be counted as a single violation for the purpose of determining the amount of a forfeiture under par. (a). (c) Whoever violates sub. (4) is subject to the following penalties: 1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months, or both. 2. For a 2nd or subsequent offense, the person is guilty of a Class I felony. History: 2007 a. 20 s. 9121 (6) (a); 2007 a. 205; 2011 a. 32; 2013 a. 166 s. 77; 2015 a. 55; 2017 a. 330. Cross-reference: See also ss. SPS 321.095 and 366.1010 (2), Wis. adm. code.
101.15 Mines, tunnels, quarries and pits. (1) If any shaft or workings of a mine, or any tunnel, trench, caisson, quarry, or gravel or sand pit is being operated or used in violation of the safety orders of the department applicable thereto, the owner or operator upon receiving notice of such violation from the department shall immediately cease such operation or use. The operation or use of such shaft or workings of a mine, or of such tunnel, trench, caisson, quarry or gravel or sand pit, shall not be resumed until such safety orders have been complied with. (2) (a) For the purpose of this section: 1. “Excavation” or “workings” means any or all parts of a mine excavated or being excavated, including shafts, tunnels, drifts, cross cuts, raises, winzes, stopes and all other working places in a mine. 2. “Mineral” means a product recognized by standard authorities as mineral, whether metalliferous or nonmetalliferous.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
101.15
REGULATION OF INDUSTRY, BUILDINGS AND SAFETY
3. “Shaft” means an opening made for mining minerals, for hoisting and lowering persons or material, or for ventilating underground workings. (b) No excavation of a shaft may be commenced unless a permit is first issued therefor by the department. Permits for such excavation shall be issued upon fee payment and application filed with the department, if the department is satisfied that the shaft or the excavation and workings will be in compliance with the safety orders adopted by the department and applicable thereto. Application shall be made upon forms prescribed by the department and shall be furnished upon request. (c) Paragraph (b) does not apply to shafts which will be less than 50 feet in depth wherein persons are not employed, or which are not equipped with power driven hoists used for hoisting persons in and out of the shafts, or which are not covered with a flammable building. (d) The department may: 1. Employ additional mining inspectors, each of whom shall have experience in mining or be a graduate of a recognized college with a degree of mining engineering. 2. Cause the inspection of all underground mines, quarries, pits, zinc works or other excavations. (e) The department shall promulgate rules to effect the safety of mines, explosives, quarries and related activities. Such rules shall provide for the establishment of uniform limits on permissible levels of blasting resultants to reasonably assure that blasting resultants do not cause injury, damage or unreasonable annoyance to any person or property outside any controlled blasting site area. (f) 1. The department shall cause the inspections of underground mines and similar establishments at least once every 2 months and shall cause the inspections of surface mines and similar establishments at least once each year. In the making of the inspections the owner and the labor union identified as the bargaining representative of the employees of the mine or establishment shall be permitted to accompany the inspector engaged in the tour of inspection. The department shall cause a report of any inspection so made, to be submitted to representatives of the operator and of the employees. 2. The department may apply to a court of record for the closing of any underground mine, quarry, pit, zinc works or other excavation where the same is being operated in violation of any of its rules or orders, and the owners or operators have failed within a reasonable time to correct any unsafe methods of operation. The failure of any owner or operator to comply with the order or judgment of the court subjects the party or parties to contempt proceedings. History: 1971 c. 185; 1971 c. 228 s. 44; Stats. 1971 s. 101.15; 1975 c. 94 s. 91 (9); 1977 c. 29; 1979 c. 257; 1983 a. 189; 1985 a. 29; 1993 a. 16; 2017 a. 329. Cross-reference: See also chs. SPS 307 and 308, Wis. adm. code. When an inspector determines that there is a violation of safety orders and a condition of extreme and imminent danger to a worker’s life exists, the inspector may seek the assistance of a local law enforcement officer. The local law enforcement officer has a duty to render assistance unless in the officer’s opinion other priority assignments take precedence. 59 Atty. Gen. 12.