Section 361.02. Scope.

 

(1)  Except as provided in subs. (2) and (3) , this code applies to all public buildings and places of employment.

(2)  This code does not apply to buildings or situations listed under the exclusions in s. 101.01 (11) and (12) , Stats., or under the exemptions in s. 101.05 , Stats.

(3)  This code does not apply to all of the following types of buildings, structures or situations:

(a) A temporary building or structure used exclusively for construction purposes, not exceeding 2 stories in height, and not used as living quarters.

(b)

1. Buildings or structures located on Indian reservation land that are held either in trust by the United States, or in fee by the tribe or a tribal member.

2. Buildings or structures which are located on off-reservation Indian land that is held in trust by the United States — and which are held either in trust by the United States, or in fee by the tribe or a tribal member.

(c) Buildings and portions of buildings that are exempted by federal statutes or treaties.

(d) Portions of buildings leased to the federal government provided all of the following conditions are met:

1. A statement is recorded with the register of deeds that describes the steps necessary for compliance to this code if the space is converted to a nonexempt use.

2. The statement recorded with the register of deeds is recorded in a manner that will permit the existence of the statement to be determined by reference to the property where the building is located.

3. The owner of the building submits a copy of the recorded document to the department or its authorized representative.

(e) Buildings and structures that are on a farm premises and used exclusively for farming purposes, provided any use of the building or structure by the public consists only of consumers directly receiving farm commodities, substantially all of which have been planted or produced on the farm premises. In this application, "substantially all" means at least 90 percent of the commodities were planted or produced on the farm premises.

(f) A one- or 2-family dwelling used as a foster home, treatment foster home, or group home, or as a child caring institution having a capacity for 8 or fewer children, all as defined in s. 48.02 , Stats.

(g) A one- or 2-family dwelling in which a public or private day care center for 8 or fewer children is located.

(h) That portion of or space within a one- or 2-family dwelling in which a home occupation is located.

(4)  In this section, "home occupation" means any business, profession, trade or employment conducted in a person's dwelling unit, that may involve the person's immediate family or household and a maximum of one other unrelated person, but does not involve any of the following:

(a) Explosives, fireworks or repair of motor vehicles.

(b) More than 25% of the habitable floor area of the dwelling unit.

(5)  This code also applies to any existing building that is converted to a community-based residential facility for 9 to 20 residents.

History: CR 00-179 : cr. Register December 2001 No. 552 , eff. 7-1-02; CR 04-016 : cr. (5) Register December 2004 No. 588 , eff. 1-1-05; CR 06-120 : r. and recr. (3) (b), am. (3) (d) 1. and 2., Register February 2008 No. 626 , eff. 3-1-08.

Note

"Place of employment" is defined under s. 101.01 (11) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 "Public building" is defined under s. 101.01 (12) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1