SB21-SSA1,831,10 797.70 Authority of department of safety and professional services.
8Nothing in this chapter affects the authority of the department of safety and
9professional services relative to places of employment, elevators, boilers, fire
10escapes, fire protection, or the construction of public buildings.

SB21-SSA1,831,13 1297.703 Joint employment. The department and the department of safety
13and professional services may employ experts, inspectors, or other assistants jointly.

SB21-SSA1,831,23 15100.36 Frauds; substitute for butter; advertisement. No person may use
16the word "butter" in any way in connection or association with the sale or exposure
17for sale or advertisement of any substance designed to be used as a substitute for
18butter. No person may use terms such as "cream", "creamery" or "dairy", or the name
19or representation of any breed of dairy cattle, or any combination of such words and
20representation, or any other words or symbols or combinations thereof commonly
21used in the sale of butter unless at least 40% of the substitute is butterfat. If the term
22"butter" is used in connection with the name of any such product, it shall be qualified
23so as to distinguish it from butter as defined in s. 97.01 (1) (1r).

SB21-SSA1,832,5

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1100.60 (1) (b) 2. Any other fuel that can substitute for petroleum-based diesel
2fuel, that is derived from a renewable resource, that meets all of the applicable
3requirements of the American Society for Testing and Materials for that fuel, and
4that the department of safety and professional services designates as a
5diesel-replacement renewable fuel under sub. (7) (a).

SB21-SSA1,832,117 100.60 (1) (c) 2. Any other fuel that can substitute for gasoline, that is derived
8from a renewable resource, that meets all of the applicable requirements of the
9American Society for Testing and Materials for that fuel, and that the department
10of safety and professional services designates as a gasoline-replacement renewable
11fuel under sub. (7) (b).

SB21-SSA1,832,1713 100.60 (3) (a) Annually, beginning in 2011, the department, in cooperation with
14and with assistance from the department of safety and professional services and the
15department of revenue, shall determine whether the annual goals for sales of
16renewable fuels in sub. (2) (b) and (c), for the previous year, were met in the state in
17that year.

SB21-SSA1,833,319 100.60 (6) (a) The department shall consult with the department of safety and
20professional services and the department of revenue to determine if information
21necessary to make a determination under sub. (3) (a) or an assessment under sub.
22(4) is being collected by these agencies the department of revenue under laws in effect
23on June 2, 2010. If the information is not being collected, the department may
24request the department of safety and professional services and the department of
25revenue to collect the information if collection by one of these agencies the

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1department of revenue is more cost-effective for state government and less
2burdensome for the persons subject to the reporting requirements than collection of
3the information by the department.

SB21-SSA1,833,66 100.60 (7) (title) Rules.

SB21-SSA1,833,128 100.60 (7) (a) The department of safety and professional services may
9promulgate a rule designating a fuel that can substitute for petroleum-based diesel
10fuel, that is derived from a renewable resource, and that meets all of the applicable
11requirements of the American Society for Testing and Materials for that fuel as a
12diesel-replacement renewable fuel for the purposes of this section.

SB21-SSA1,833,1814 100.60 (7) (b) The department of safety and professional services may
15promulgate a rule designating a fuel that can substitute for gasoline, that is derived
16from a renewable resource, and that meets all of the applicable requirements of the
17American Society for Testing and Materials for that fuel as a gasoline-replacement
18renewable fuel for the purposes of this section.

SB21-SSA1,833,2420 101.02 (7r) (a) Notwithstanding sub. (7) (a), no city, village, or town may enact
21or enforce an ordinance that establishes minimum standards for constructing,
22altering, or adding to public buildings or buildings that are places of employment
23unless that ordinance strictly conforms to the applicable rules under sub. (15) (j),
24except as provided in pars. (b) to (d) and sub. (7m).

SB21-SSA1,834,3

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1101.05 (2) A bed and breakfast establishment, as defined under s. 254.61 (1)
297.01 (1g), is not subject to building codes adopted by the department under this
3subchapter.

SB21-SSA1,834,95 101.12 (1) (intro.) Except for plans that are reviewed by the department of
6health services under ss. 50.02 (2) (b) and, 50.025, 50.36 (2), or 50.92 (3m), the
7department shall require the submission of essential drawings, calculations and
8specifications for public buildings, public structures and places of employment
9including the following components:

SB21-SSA1,834,1211 101.123 (1) (bn) 1. A bed and breakfast establishment, as defined in s. 254.61
12(1) 97.01 (1g).

SB21-SSA1,834,1414 101.123 (1) (bn) 2. A hotel, as defined in s. 254.61 (3) 97.01 (7).

SB21-SSA1,834,1716 101.123 (1) (bn) 3. A tourist rooming house, as defined in s. 254.61 (6) 97.01
17(15k).

SB21-SSA1,834,2019 101.123 (1) (f) "Restaurant" means an establishment as defined has the
20meaning given in s. 254.61 (5) 97.01 (14g).

SB21-SSA1,834,2222 101.128 (1) (c) "Hotel" has the meaning given in s. 254.61 (3) 97.01 (7).

SB21-SSA1,834,2424 101.128 (1) (e) "Restaurant" has the meaning given in s. 254.61 (5) 97.01 (14g).

SB21-SSA1,835,2

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1101.149 (1) (ag) "Bed and breakfast establishment" has the meaning given in
2s. 254.61 (1) 97.01 (1g).

SB21-SSA1,835,54 101.149 (1) (cm) "Tourist rooming house" has the meaning given in s. 254.61
5(6) 97.01 (15k).

SB21-SSA1,835,107 101.149 (5) (c) All of the fuel-burning appliances in the residential building
8have sealed combustion units that are inspected as provided in the rules
9promulgated by the department under sub. (6) (b) or in the rules promulgated by the
10department of health services under s. 254.74 97.625 (1) (am).

SB21-SSA1,835,2112 101.149 (8) (a) If the department of safety and professional services or the
13department of health services agriculture, trade and consumer protection
14determines after an inspection of a building under this section or s. 254.74 97.625
15(1g) that the owner of the building has violated sub. (2) or (3), the respective
16department shall issue an order requiring the person to correct the violation within
175 days or within such shorter period as the respective department determines is
18necessary to protect public health and safety. If the person does not correct the
19violation within the time required, he or she shall forfeit $50 for each day of violation
20occurring after the date on which the respective department finds that the violation
21was not corrected.

SB21-SSA1,836,824 101.63 (1) (intro.) Adopt rules which establish standards for the construction
25and inspection of one- and 2-family dwellings and components thereof. Where

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1feasible, the standards used shall be those nationally recognized and shall apply to
2the dwelling and to its electrical, heating, ventilating, air conditioning and other
3systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be
4adopted which has not taken into account the conservation of energy in construction
5and maintenance of dwellings and the costs of specific code provisions to home buyers
6in relationship to the benefits derived from the provisions. Rules promulgated under
7this subsection do not apply to a bed and breakfast establishment, as defined under
8s. 254.61 (1) 97.01 (1g), except that the rules apply to all of the following:

SB21-SSA1,836,1311 101.642 (2) The department may not promulgate or enforce a rule that requires
12that any one- or 2-family dwelling contain an automatic fire sprinkler system, as
13defined in s. 145.01 (2).

SB21-SSA1,836,1615 101.647 (1) (am) Notwithstanding s. 101.61 (1), "dwelling" does not include a
16tourist rooming house, as defined in s. 254.61 (6) 97.01 (15k).

SB21-SSA1,836,19 18101.648 Waiver; smoke detector and carbon monoxide detector
19requirements; plumbing and electrical standards. (1) In this section:

SB21-SSA1,836,2120 (a) "Building permit" means a permit that authorizes the construction or
21occupancy of a one- or 2-family dwelling.

SB21-SSA1,836,2522 (b) "Dwelling construction standard" means a requirement imposed under s.
23101.645 (3) or 101.647 (3) or a requirement imposed under any provision of ch.101
24or 145 or under any ordinance of a political subdivision relating to standards for
25electrical wiring or plumbing in one- and 2-family dwellings.

SB21-SSA1,837,1

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1(c) "Political subdivision" means a city, village, town, or county.

SB21-SSA1,837,4 2(2) Except as provided in sub. (9), a person who is issued a waiver from a
3requirement to comply with a dwelling construction standard under this section is
4not required to comply with that standard.

SB21-SSA1,837,11 5(3) (a) Except as provided in par. (b), a person is eligible to obtain a waiver from
6the requirement to comply with a dwelling construction standard if the person
7submits a signed application form requesting the waiver to the political subdivision
8that is responsible for issuing building permits for dwellings. The application shall
9include an attachment containing the address or other identifying information that
10describes the location of the dwelling and specifying the dwelling construction
11standard from which the person seeks a compliance waiver.

SB21-SSA1,837,1412 (b) If the department issues building permits for dwellings in a political
13subdivision, a person applying for the waiver shall submit the application to the
14department.

SB21-SSA1,837,18 15(4) The department shall prescribe and furnish a waiver application form to
16each political subdivision that issues building permits for dwellings. The form shall
17be written in simple and plain language and shall list, in a check-off format, each
18of the following statements:

SB21-SSA1,837,2119 (a) The person's religious beliefs and the established tenets or teachings of the
20religious sect of which the person is a member conflict with one or more dwelling
21construction standards.

SB21-SSA1,837,2322 (b) The dwelling for which the waiver is requested will be used solely as a
23residence for the person or members of the person's household.

SB21-SSA1,838,224 (c) The waiver is requested based upon the long-established tenets and
25teachings of the religious sect of which the person is a member and the religious sect

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1did not establish these tenets and teachings solely to avoid compliance with dwelling
2construction standards.

SB21-SSA1,838,63 (d) The person agrees to modify the dwelling for which the waiver is requested
4to comply with dwelling construction standards if the person ceases to adhere to the
5tenets or teachings of the religious sect of which the person is a member and upon
6which the waiver is requested.

SB21-SSA1,838,9 7(5) A political subdivision that issues building permits and that receives a
8completed and signed waiver application form shall promptly issue a waiver to the
9applicant if all of the following apply:

SB21-SSA1,838,1110 (a) The political subdivision has no reason to believe that the statements
11provided by the applicant on the waiver application form are untrue.

SB21-SSA1,838,1312 (b) The political subdivision is satisfied that the waiver will not result in an
13unreasonable risk of harm to public health or safety.

SB21-SSA1,838,1514 (c) The waiver specifies those dwelling construction standards with which the
15applicant is not required to comply.

SB21-SSA1,838,24 16(6) A political subdivision that finds that an applicant is not entitled to receive
17a waiver under this section shall promptly notify the department of its finding
18together with a description of the political subdivision's basis for its finding. If the
19department agrees with the political subdivision's finding, it shall deny the waiver
20and notify the applicant that the waiver is denied. If the department disagrees with
21the political subdivision's finding, it shall issue the waiver to the applicant and notify
22the political subdivision that the department has issued the waiver. Upon receipt
23of the notice, the political subdivision shall waive the applicant's requirement to
24comply with the dwelling construction standards specified in the waiver.

SB21-SSA1,839,2

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1(7) A person is entitled to obtain a waiver under this section before, during, or
2after construction of a one- or 2-family dwelling.

SB21-SSA1,839,4 3(8) Neither a municipality nor the department may charge a person a fee to
4apply for or to receive a waiver under this section.

SB21-SSA1,839,6 5(9) A waiver issued under this section is invalid if the political subdivision that
6issued the waiver or the department find that any of the following applies:

SB21-SSA1,839,87 (a) A statement on the waiver form submitted by the person to whom the waiver
8was issued is untrue.

SB21-SSA1,839,99 (b) The basis upon which the waiver was issued no longer applies.

SB21-SSA1,839,1110 (c) The dwelling is occupied by a person who does not hold the religious beliefs
11that form the basis for issuing the waiver.

SB21-SSA1,839,16 12(10) Neither the department nor a political subdivision may take any
13enforcement action, nor proceed with any enforcement action initiated on or before
14the effective date of this subsection .... [LRB inserts date], against a person with
15respect to a dwelling construction standard if the person has a valid waiver issued
16under this section that waives compliance with the requirement.