LRB-3158/1
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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1121
March 6, 2024 - Introduced by Representatives MADISON, MAXEY, DONOVAN, C.
ANDERSON, J. ANDERSON, ANDRACA, BALDEH, CLANCY, CONLEY, CONSIDINE,
DRAKE, GUNDRUM, JACOBSON, JOERS, S. JOHNSON, MELOTIK, MICHALSKI,
RATCLIFF, SCHMIDT, SINICKI, STUBBS, SUBECK and PALMERI, cosponsored by
Senators LARSON and COWLES. Referred to Committee on Housing and Real
Estate.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 101.1115 of the statutes; relating to: requiring periodic
inspections of parking structures.
Analysis by the Legislative Reference Bureau
This bill requires the owner of a parking structure to engage a professional
engineer to inspect the structural integrity of the parking structure at least once
within five years after the bill takes effect, and at least once every five years
thereafter. The owner must also submit a report containing the results of the
inspection to the Department of Safety and Professional Services or, if the city,
village, town, or county within which the parking structure is located is authorized
to perform commercial building plan examinations, to that city, village, town, or
county. During the period beginning six months after the date by which the bill
requires an inspection and ending 12 months after that date, an owner of a parking
structure who violates the bill's requirement is subject to a forfeiture of $200 for each
month that no inspection is conducted. One year after the date by which the bill
requires an inspection, DSPS must close the parking garage if no inspection is
conducted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 101.1115 of the statutes is created to read:
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SECTION 1 ASSEMBLY BILL 1121
101.1115 Periodic inspection of parking structure. (1) In this section,
“plan review authority” means the department or, if the city, village, town, or county
within which a parking structure is located is authorized to perform examinations
under s. 101.12, that city, village, town, or county.
(2) (a) The owner of a parking structure shall engage a professional engineer
registered under s. 443.04 at least once within 5 years of the effective date of this
paragraph .... [LRB inserts date], and at least once every 5 years after the most recent
such inspection, to inspect the structural integrity of the parking structure to ensure
that it can continue to meet the loads and uses for which it was designed.
(b) An inspection of the structural integrity of a parking structure conducted
under s. 101.02 or 101.12 satisfies the requirement under par. (a).
(c) The owner of a parking structure shall submit a report containing the
results of an inspection required under par. (a), other than an inspection conducted
under s. 101.02 or 101.12, to the plan review authority of the parking structure.
(3) (a) If the owner of a parking structure violates sub. (2) (a), the plan review
authority of the parking structure, if not the department, shall notify the department
of the violation no later than 30 days after the date by which sub. (2) (a) requires an
inspection.
(b) No later than 30 days after receiving notice under par. (a), the department
shall notify the owner of the parking structure of the requirements and penalties
under this section.
(c) For the period beginning 6 months after the date by which sub. (2) (a)
requires an inspection and ending 12 months after the date by which sub. (2) (a)
requires an inspection, the owner of a parking structure who violates sub. (2) (a) shall
forfeit $200 for each month that the owner violates sub. (2) (a).
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SECTION 1
ASSEMBLY BILL 1121
(d) One year after the date by which sub. (2) (a) requires an inspection, the
department shall close a parking structure that has not been inspected as described
under sub. (2) (a). If the plan review authority of the parking structure is a city,
village, town, or county, the department shall notify the plan review authority of the
closure of the parking structure.
(e) If the department closes a parking structure under par. (d) and the parking
structure is later inspected as described under sub. (2) (a) and the department allows
the parking structure to reopen, if the plan review authority of the parking structure
is a city, village, town, or county, the department shall notify the plan review
authority of the date that the inspection was conducted.
(END)
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