Wisconsin Statutes

Wis. Stat. § 101.01 (2026)

Definitions

✓ current as of July 2026

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101.01101.01 Definitions. In this chapter, the following words and phrases have the designated meanings unless a different meaning is expressly provided:

101.01(1g)(1g) “Commercial building code” means the code adopted by the department under this subchapter for the design, construction, maintenance, and inspection of public buildings and places of employment.

101.01(1m)(1m) “Department” means the department of safety and professional services.

101.01(2m)(2m) “Deputy” means any person employed by the department designated as a deputy, who possesses special, technical, scientific, managerial or personal abilities or qualities in matters within the jurisdiction of the department, and who may be engaged in the performance of duties under the direction of the secretary, calling for the exercise of such abilities or qualities.

101.01(3)(3) “Employee” means any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.

101.01(4)(4) “Employer” means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

101.01(5)(5) “Employment” means any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation or process of manufacture in which any person may be engaged, except in such private domestic service as does not involve the use of mechanical power and in farm labor as used in sub. (11).

101.01(6)(6) “Frequenter” means every person, other than an employee, who may go in or be in a place of employment or public building under circumstances which render such person other than a trespasser. Such term includes a pupil or student when enrolled in or receiving instruction at an educational institution.

101.01(7)(7) “General order” means such order as applies generally throughout the state to all persons, employments, places of employment or public buildings, or all persons, employments or places of employment or public buildings of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.

101.01(8)(8) “Local order” means any ordinance, order, rule or determination of any common council, board of alderpersons, board of trustees or the village board, of any village or city, a regulation or order of the local board of health, as defined in s. 250.01 (3), or an order or direction of any official of a municipality, upon any matter over which the department has jurisdiction.

101.01(8m)(8m) “Multifamily dwelling” means an apartment building, rowhouse, town house, condominium, or modular home, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units, as defined in s. 101.61 (1), the initial construction of which is begun on or after January 1, 1993. “Multifamily dwelling” does not include a facility licensed under ch. 50.

101.01(9)(9) “Order” means any decision, rule, regulation, direction, requirement or standard of the department, or any other determination arrived at or decision made by the department.

101.01(10)(10) “Owner” means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasi-public corporations as well as any manager, representative, officer, or other person having ownership, control or custody of any place of employment or public building, or of the construction, repair or maintenance of any place of employment or public building, or who prepares plans for the construction of any place of employment or public building. This subchapter shall apply, so far as consistent, to all architects and builders.

101.01(11)(11) “Place of employment” includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. “Farming” includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies, or equipment directly to the farm by the operator of the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, “place of employment” does not include any of the following:

101.01(11)(a)(a) An adult family home, as defined in s. 50.01 (1).

101.01(11)(b)(b) Except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.

101.01(11)(c)(c) A home-based business, as defined by the department by rule.

101.01(11)(d)(d) A not-for-profit facility with the primary purpose of housing or rehabilitating abandoned, injured, or sick wildlife.

101.01(12)(12) “Public building” means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, “public building” does not include any of the following:

101.01(12)(a)(a) A previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator.

101.01(12)(b)(b) An adult family home, as defined in s. 50.01 (1).

101.01(12)(c)(c) A home-based business, as defined by the department by rule.

101.01(12)(d)(d) A not-for-profit facility with the primary purpose of housing or rehabilitating abandoned, injured, or sick wildlife.

101.01(13)(13) “Safe” or “safety”, as applied to an employment or a place of employment or a public building, means such freedom from danger to the life, health, safety or welfare of employees or frequenters, or the public, or tenants, or fire fighters, and such reasonable means of notification, egress and escape in case of fire, and such freedom from danger to adjacent buildings or other property, as the nature of the employment, place of employment, or public building, will reasonably permit.

101.01(14)(14) “Secretary” means the secretary of safety and professional services.

101.01(15)(15) “Welfare” includes comfort, decency and moral well-being.

101.01 HistoryHistory: 1971 c. 185 ss. 1, 5; 1971 c. 228 ss. 15, 44; 1975 c. 413, 421; 1977 c. 29; 1983 a. 189 ss. 142, 143, 329 (4); 1985 a. 135 s. 83 (3); 1987 a. 161; 1993 a. 27, 184, 327; 1995 a. 27 ss. 3611 to 3629, 9116 (5); 1997 a. 237; 1999 a. 9; 2001 a. 16; 2007 a. 20; 2011 a. 32, 146; 2017 a. 59, 198; 2017 a. 331 s. 43.

101.01 AnnotationIn a safe place action by a plaintiff injured through contact with home power lines while installing aluminum trim on the premises, the power lines did not constitute a place of employment under sub. (2) (a) [now sub. (11)]. Although a “process or operation” was carried on by the transmission of electricity through the lines, no person was employed by the power company on the premises at the time of the injury. Barthel v. Wisconsin Electric Power Co., 69 Wis. 2d 446, 230 N.W.2d 863 (1975).

101.01 AnnotationA vocational school was not a place of employment. Korenak v. Curative Workshop Adult Rehabilitation Center, 71 Wis. 2d 77, 237 N.W.2d 43 (1976).

101.01 AnnotationThe right to make progress inspections and to stop construction for noncompliance with specifications is not an exercise of control sufficient to make an architect an owner under sub. (2) (i) [now sub. (10)]. Luterbach v. Mochon, Schutte, Hackworthy, Juerisson, Inc., 84 Wis. 2d 1, 267 N.W.2d 13 (1978).

101.01 AnnotationDistinguishing “safe employment” and “safe place of employment.” There is a duty to provide safe employment to employees that does not extend to frequenters, while the duty to provide a safe place of employment does extend to frequenters. Leitner v. Milwaukee County, 94 Wis. 2d 186, 287 N.W.2d 803 (1980).

101.01 AnnotationAn Elks Club was a “place of employment.” Schmorrow v. Sentry Insurance Co., 138 Wis. 2d 31, 405 N.W.2d 672 (Ct. App. 1987).

101.01 AnnotationA person seeking directions to the location of an intended, but unknown, destination is a frequenter under sub. (2) (d) [now sub. (6)]. When such inquiry is not made, or has concluded, and the person deviates into an area the person is not explicitly or impliedly invited into, frequenter status is lost. Monsivais v. Winzenried, 179 Wis. 2d 758, 508 N.W.2d 620 (Ct. App. 1993).

101.01 AnnotationThe duty of an owner of a multiple-unit residential dwelling under the safe place statute extends only to common areas. Antwaun A. v. Heritage Mutual Insurance Co., 228 Wis. 2d 44, 596 N.W.2d 456 (1999), 97-0332.

101.01 Annotation“Tenants” under sub. (12) refers to the number of units available in the building, not to the number of individuals in the building. Raymaker v. American Family Mutual Insurance Co., 2006 WI App 117, 293 Wis. 2d 392, 718 N.W.2d 154, 05-1557.

Notes of Decisions

Cited in 82 cases (10 in the last 5 years), 1924–2026 · leading case: Vicki L. Blasing v. Zurich Am. Ins. Co., 2014 WI 73 (Wis. 2014).

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Vicki L. Blasing v. Zurich Am. Ins. Co., 2014 WI 73 (Wis. 2014). · cites it 19× “¶82 On January 24, 2011, Blasing sued Menard based on two theories: (1) liability for Menard's violations of the safe- place statute, Wis. Stat. § 101.01 et seq.; and (2) liability for the acts of its employee in negligently handling the boards while loading Blasing's vehicle.”

Beard v. Lee Enter., Inc., 591 N.W.2d 156 (Wis. 1999). · cites it 12× “" Wis. Stat. § 101.01 (2)(d). [10] Charles, a person who was not a Tribune employe, was driving on a public highway when he was struck by Anthony's vehicle.”

City of Milwaukee v. K.F., 426 N.W.2d 329 (Wis. 1988). · cites it 8× “To the extent that the building is by description "public," it far exceeds in terms of public use the standards set forth by sec. 101.01(2)(g), Stats., defining public buildings.”

Antwaun A. Ex Rel. Muwonge v. Heritage Mut. Ins., 596 N.W.2d 456 (Wis. 1999). · cites it 8× “ned as every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or…”

Hofflander v. St. Catherine's Hosp., Inc., 2003 WI 77 (Wis. 2003). · cites it 6× “" Wis. Stat. § 101.01 (6) (emphasis added).”

Barry v. Employers Mut. Cas. Co., 2001 WI 101 (Wis. 2001). · cites it 4× “Wis. Stat. § 101.01 (13). ¶ 20. By its plain terms, the statute imposes three duties on employers and owners of places of employment or public buildings: the duty to construct, to repair, and to maintain a safe place of employment or public building.”

Ozzello v. Peterson Builders, Inc., 743 F. Supp. 1302 (E.D. Wis. 1990). · cites it 20× “” Wis.Stat. § 101.01(2)(b). 24. On June 18, 1987, defendant Peterson Builders, Inc.”

Geiger v. Milwaukee Guardian Ins., 524 N.W.2d 909 (Wis. Ct. App. 1994). · cites it 18× “1 The issue on appeal is whether the Lawrence home is a "place of *335 employment" as defined by § 101.01(2)(f), Stats., as a result of Scott's work at home as an attorney.”

Gennrich v. Zurich Am. Ins., 2010 WI App 117 (Wis. Ct. App. 2010). · cites it 7× “" Wis. Stat. § 101.01 (4). A "place of employment," in turn, is defined by the statute as "every place .”

David Stroede v. Soc'y Ins., A Mut. Co., 2021 WI 43 (Wis. 2021). · cites it 2× “708 (1930); see also Wis. Stat. § 101.01 (6). As a result of this misinterpretation of the law, a person present on property owned and controlled by others must now conform his conduct in 10 No.”

Binsfeld v. Conrad, 2004 WI App 77 (Wis. Ct. App. 2004). · cites it 5× “See Wis. Stat. § 101.01 (10) and (11). Thus, an owner of appurtenant land who does not also have ownership, custody, or control of the "place" cannot be liable for injuries *349 sustained at the "place.”

McGarrity v. Welch Plumbing Co., 312 N.W.2d 37 (Wis. 1981). · cites it 3× “” 5 Sec. 101.01(4), Stats. 1969, provides as follows: “101.”

Show all 82 citing cases →

— Wis. Stat. § 101.01(06) — 1 case

Hofflander v. St. Catherine's Hosp., Inc., 2003 WI 77 (Wis. 2003). “" Wis. Stat. § 101.01 (6) (emphasis added).”

— Wis. Stat. § 101.01(1) — 2 cases

Gupton v. City of Wauwatosa, 9 Wis. 2d 217 (Wis. 1960).

O'Melia v. United States, 195 F. Supp. 174 (E.D. Wis. 1961).

— Wis. Stat. § 101.01(10) — 2 cases

Brandon Harris v. Vill. of Ridgeland (Wis. Ct. App. 2023).

Caldwell v. Jh Findorff & Son, Inc., 698 N.W.2d 132 (Wis. Ct. App. 2005).

— Wis. Stat. § 101.01(11) — 3 cases

Taft v. Derricks, 2000 WI App 103 (Wis. Ct. App. 2000).

Powell v. Milwaukee Area Technical Coll. Dist. Bd., 594 N.W.2d 403 (Wis. Ct. App. 1999).

Associated Builders & Contractors of Wisconsin, Inc. v. City of Madison, 2023 WI App 59 (Wis. Ct. App. 2023).

— Wis. Stat. § 101.01(12) — 4 cases

Rizzuto v. Cincinnati Ins., 2003 WI App 59 (Wis. Ct. App. 2003).

Moore v. City of Milwaukee, 65 N.W.2d 3 (Wis. 1954).

Powell v. Milwaukee Area Technical Coll. Dist. Bd., 594 N.W.2d 403 (Wis. Ct. App. 1999).

Holt v. Hegwood, 2005 WI App 257 (Wis. Ct. App. 2005).

— Wis. Stat. § 101.01(13) — 5 cases

City of Milwaukee v. Greenberg, 471 N.W.2d 33 (Wis. 1991).

Wagner v. Cincinnati Cas. Co., 2011 WI App 85 (Wis. Ct. App. 2011).

Associated Builders & Contractors of Wisconsin, Inc. v. City of Madison, 2023 WI App 59 (Wis. Ct. App. 2023).

Est. of Carol Lorbiecki v. Pabst Brewing Co. (Wis. 2026).

Scott Dhein v. Frankenmuth Mut. Ins. Co., 2020 WI App 62 (Wis. Ct. App. 2020).

— Wis. Stat. § 101.01(1g) — 1 case

Associated Builders & Contractors of Wisconsin, Inc. v. City of Madison, 2023 WI App 59 (Wis. Ct. App. 2023).

— Wis. Stat. § 101.01(2) — 2 cases

Callan v. Peters Constr. Co., 288 N.W.2d 146 (Wis. Ct. App. 1979).

Uebele v. Oehmsen Plastic Greenhouse Mfg., Inc., 373 N.W.2d 456 (Wis. Ct. App. 1985).

— Wis. Stat. § 101.01(2)(a) — 1 case

Kellar v. Lloyd, 509 N.W.2d 87 (Wis. Ct. App. 1993).

— Wis. Stat. § 101.01(2)(b) — 1 case