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Date of enactment: April 7, 2008
2007 Senate Bill 289 Date of publication*: April 21, 2008
2007 WISCONSIN ACT 205
AN ACT to amend 101.145 (2); and to create 101.149, 254.74 (1) (am) and 254.74 (1g) of the statutes; relating to: the installation of carbon monoxide detectors in certain buildings, providing an exemption from emergency rule procedures, granting rulemaking authority, and providing penalties.
SECTION 1. 101.145 (2) of the statutes is amended to read: 101.145 (2) APPROVAL. A smoke detector required under this section shall be approved by Underwriters Laboratories, Inc.
SECTION 2. 101.149 of the statutes is created to read: 101.149 Carbon monoxide detectors.
(1) DEFINITIONS. In this section:
(a) “Bed and breakfast establishment” means any place of lodging that:
(a) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients;
(b) Provides no meals other than breakfast and provides the breakfast only to renters of the place;
(c) Is the owner’s personal residence;
(d) Is occupied by the owner at the time of rental;
(e) Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence;
(f) Has had completed, before May 11, 1990, any structural additions to the dimensions of the original structure, including by renovation, except that this limit does not apply to any of the following:
1. A structural addition, including a renovation, made to a structure after May 11, 1990, within the dimensions of the original structure.
2. A structural addition, made to a structure that was originally constructed at least 50 years before an initial or renewal application for a permit under s. 254.64 (1) (b) is made and for which no use other than as a bed and breakfast establishment is proposed. The structural addition under this subdivision shall comply with the rules under s. 101.63 (1).
(b) “Carbon monoxide detector” means an electronic or battery operated device that sounds an alarm when an unsafe level of carbon monoxide is in the air.
(c) “Establishment” means a hotel, tourist rooming house, bed and breakfast establishment, restaurant, temporary restaurant or vending machine commissary.
(d) “Public health and safety” means the highest degree of protection against infection, contagion or disease and freedom from the danger of fire or accident that can be reasonably maintained in the operation of a hotel, restaurant, tourist rooming house, bed and breakfast establishment, vending machine or vending machine commissary.
(e) “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.
(f) “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.
(g) “Smoke detector” means an electronic or battery operated device that sounds an alarm when an unsafe level of smoke is in the air.
(h) “Tourist or transient” means a person who travels from place to place away from his or her permanent residence for vacation, pleasure, recreation, culture, business or employment.
(i) “Tourist rooming house” means any lodging place or tourist cabin or cottage where sleeping accommodations are offered for pay to tourists or transients. “Tourist rooming house” does not
include:
(a) A private boarding or rooming house, ordinarily conducted as such, not accommodating tourists or transients.
(b) A hotel.
(c) Bed and breakfast establishments.
(j) “Unit” means a part of a residential building that is occupied by one or more persons as a home, residence, or sleeping place.
1. A smoke detector required under this section shall be approved by ______.
a. the State of Wisconsin
b. the Federal government
c. Underwriters Laboratories Inc
d. all of the above
2. “Bed and breakfast establishment” means any place of lodging that:
a. Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients;
b. Provides no meals other than breakfast and provides the breakfast only to renters of the place;
c. Is the owner’s personal residence;
d. all of the above
3. “Bed and breakfast establishment” means any place of lodging that:
a. Is occupied by the owner at the time of rental;
b Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence;
c. Has had completed, before May 11, 1990, any structural additions to the dimensions of the original structure, including by renovation
d. all of the above
4. Bed and breakfast establishment completed before May 11, 1990, any structural additions to the dimensions of the original structure, including by renovation, except that this limit does not apply to any of the following:
a. A structural addition, including a renovation, made to a structure before May 11, 1980, within the dimensions of the original structure.
b. A structural addition, made to a structure that was originally constructed at least 20 years after an initial or renewal application for a permit under s. 254.64 (1) (b) is made and for which no use other than as a bed and breakfast establishment is proposed. The structural addition under this subdivision shall comply with the rules under s. 101.63 (1).
c. none of the above
d. both a & b
5. “______” means an electronic or battery operated device that sounds an alarm when an unsafe level of carbon monoxide is in the air.
a. Smoke detector
b. Public health and safety
c. Carbon monoxide detector
d. all of the above
6. “______” means an electronic or battery operated device that sounds an alarm when an unsafe level of smoke is in the air.
a. Smoke detector
b. Public health and safety
c. Carbon monoxide detector
d. all of the above
7. “______” means the highest degree of protection against infection, contagion or disease and freedom from the danger of fire or accident that can be reasonably maintained in the operation of a hotel, restaurant, tourist rooming house, bed and breakfast establishment, vending machine or vending machine commissary.
a. Smoke detector
b. Public health and safety
c. Carbon monoxide detector
d. all of the above
8. “______” means a hotel, tourist rooming house, bed and breakfast establishment, restaurant, temporary restaurant or vending machine commissary.
a. Tourist rooming house
b. Residential building
c. Establishment
d. Tourist or transient
9. “______” means any lodging place or tourist cabin or cottage where sleeping accommodations are offered for pay to tourists or transients.
a. Tourist rooming house
b. Residential building
c. Establishment
d. Tourist or transient
10. “______” 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.
a. Tourist rooming house
b. Residential building
c. Establishment
d. Tourist or transient
11. “______” means a person who travels from place to place away from his or her permanent residence for vacation, pleasure, recreation, culture, business or employment.
a. Tourist rooming house
b. Residential building
c. Establishment
d. Tourist or transient
12. “Tourist rooming house” means any lodging place or tourist cabin or cottage where sleeping accommodations are offered for pay to tourists or transients. “Tourist rooming house” does not
include:
a. A private boarding or rooming house, ordinarily conducted as such, not accommodating tourists or transients.
b. A hotel.
c. Bed and breakfast establishments.
d. all of the above
13. Any “______” that bears an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization satisfies the requirements of this subsection.
a. fire alarm
b. smoke alarm
c. carbon monoxide detector
d. all of the above
14. The owner shall install every carbon monoxide detector required by this subsection according to the ______of the manufacturer of the carbon monoxide detector.
a. directions
b. specifications
c. none of the above
d. both a & b
15. “______” means a part of a residential building that is occupied by one or more persons as a home, residence, or sleeping place.
a. Unit
b. Sleeping area
c. none of the above
d. both a & b
16. “______" 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.
a. Unit
b. Sleeping area
c. none of the above
d. both a & b
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Summary of Proposed Rules
The rules establish minimum requirements for the installation and maintenance of carbon
monoxide alarms in buildings accommodating residential type occupancies where people sleep
or lodge, excluding hospitals and nursing homes, that reflect the statutory mandates of 2007
Wisconsin Act 205. Specifically, the rules would:
For new tourist rooming houses (cabins under the scope of Uniform Dwelling Code)
(October 1, 2008), Comm 21.095
• Require the installation of carbon monoxide alarms where any type of fuel burning appliances are installed.
• Require the carbon monoxide alarms to be continuously powered by the building’s electrical service with battery backups.
For new commercial buildings: (October 1, 2008),
• Require the installation of carbon monoxide alarms where any type of fuel burning appliances are installed. Comm 62.1200 (2) (a)
• Require the carbon monoxide alarms to be continuously powered by the building’s electrical service with battery backups. Comm 62.1200 (2) (c)
For existing commercial buildings (Buildings existing on October 1, 2008 or reviewed and
receiving department plan approval under the rules effective prior to October 1, 2008)
• Require the installation of carbon monoxide alarms by April 1, 2010.
• Do not dictate the type of power sources for the carbon monoxide alarms, thereby
allowing batteries, electrical outlet plug-ins or wired to the building’s electrical service.
• Allow the omission of carbon monoxide alarms provided there are no attached garages
and all of the fuel burning appliances are of sealed combustion type either under warranty
or annually inspected for carbon monoxide emissions. Comm 62.1200 (2) (a) 4.
The rules require carbon monoxide alarms to be listed and labeled identifying conformance
to UL 2034, Underwriters Laboratories Inc, Standard for Safety Single and Multiple Station
Carbon Monoxide Alarms.
Under the federal Americans with Disabilities Act, ADA, and the federal Fair Housing Law
certain carbon monoxide alarms may be required to have both audible and visual alarm
features.
Owners of existing tourist rooming houses will need to install and maintain carbon monoxide
alarms in accordance with s. 101.149 (2) and (3), Stats., by April 1, 2010.
17. The rules establish minimum requirements for the installation and maintenance of carbon
monoxide alarms in buildings accommodating residential type occupancies where people ______.
a. eat
b. sleep
c. lodge
d. both b & c
18. he rules establish minimum requirements for the installation and maintenance of carbon
monoxide alarms in buildings accommodating residential type occupancies excluding ______.
a. hospitals
b. nursing homes
c. neither a or b
d. both a & b
19. For new tourist rooming houses (cabins under the scope of Uniform Dwelling Code)
(October 1, 2008), Comm 21.095. Require the installation of carbon monoxide alarms only where any certain types of fuel burning appliances are installed.
a. true
b. false
20. For new tourist rooming houses (cabins under the scope of Uniform Dwelling Code)
(October 1, 2008), Comm 21.095. Require the carbon monoxide alarms to be continuously powered by the building’s electrical service with or without battery backups.
a. true
b. false
21. For new commercial buildings: (October 1, 2008). Require the installation of carbon monoxide alarms where gas or oil burning appliances are installed.
a. true
b. false
22. Require the carbon monoxide alarms to be continuously powered by the building’s electrical service with battery backups.
a. true
b. false
23. For existing commercial buildings (Buildings existing on October 1, 2008 or reviewed and
receiving department plan approval under the rules effective prior to October 1, 2008)
a. Require the installation of carbon monoxide alarms by April 1, 2010.
b. Do not dictate the type of power sources for the carbon monoxide alarms, thereby
allowing batteries, electrical outlet plug-ins or wired to the building’s electrical service.
c. Allow the omission of carbon monoxide alarms provided there are no attached garages
and all of the fuel burning appliances are of sealed combustion type either under warranty or annually inspected for carbon monoxide emissions.
d. all of the above
24. Owners of existing tourist rooming houses will need to install and maintain carbon monoxide
alarms in accordance with s. 101.149 (2) and (3), Stats., by______.
a. October 1, 2008
b. April 1, 2010
c. February 1, 2011
d. none of the above
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(2) INSTALLATION REQUIREMENTS. (a) Except as provided in par. (b), the owner of a residential building shall install a carbon monoxide detector in all of the following places not later than the date specified under par. (c):
1. In the basement of the building if the basement has a fuel burning appliance.
2. Within 15 feet of each sleeping area of a unit that has a fuel burning appliance.
3. Within 15 feet of each sleeping area of a unit that is immediately adjacent to a unit that has a fuel burning appliance.
4. In each room that has a fuel−burning appliance and that is not used as a sleeping area. A carbon monoxide detector shall be installed under this subdivision not more
than 75 feet from the fuel−burning appliance.
5. In each hallway leading from a unit that has a fuel− burning appliance, in a location that is within 75 feet from the unit, except that, if there is no electrical outlet within
this distance, the owner shall place the carbon monoxide detector at the closest available electrical outlet in the hallway.