Wisconsin Statutes
Wis. Stat. § 46.17 (2026)
County buildings; establishment, approval, inspection
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46.17(1)(1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of county homes, county infirmaries, county hospitals, and mental health facilities, with respect to their adequacy and fitness for the needs which they are to serve.
46.17(2)(2) The selection and purchase of the site, and the plans, specifications and erection of buildings for such institutions shall be subject to the review and approval of the department. Department review shall include review of the proposed program to be carried out by the institution and the program’s ability to meet the mental health service requirements of the county and the area it serves.
46.17(3)(3) Before any such building is occupied, and annually or oftener thereafter, the department shall inspect it with respect to safety, sanitation, adequacy and fitness, and report to the authorities conducting the institution any deficiency found, and order the necessary work to correct it or a new building. If within 6 months thereafter such work is not commenced, or not completed within a reasonable period thereafter, to the satisfaction of the department, it shall suspend the allowance of state aid for, and prohibit the use of such building until said order is complied with.
46.17 AnnotationThis section relates to construction and maintenance of buildings and provides no authority to the department applicable to the management of inmates under s. 46.16. 63 Atty. Gen. 267.
Notes of Decisions
Cited in 2
cases, 1955–1991 · leading case: Wagner v. State Dep't of Health & Soc. Servs., 471 N.W.2d 269 (Wis. Ct. App. 1991).
Wagner v. State Dep't of Health & Soc. Servs., 471 N.W.2d 269 (Wis. Ct. App. 1991). “The theory of Wagner's complaint is that Moriearty violated sec. 46.17, Stats. (1985-86), and Wis. Adm.”
State ex rel. Nelson v. Rock Cnty., 73 N.W.2d 564 (Wis. 1955). “, provides: “Each county may establish a county home for the relief and support of dependent persons pursuant to section 46.17.” Sec. 46.17 confers upon the state department of public welfare the responsibility of fixing the “reasonable standards and regulations for the design,…”
Wis. Stat. § 46.17(1): 1 case
Wagner v. State Dep't of Health & Soc. Servs., 471 N.W.2d 269 (Wis. Ct. App. 1991). “The theory of Wagner's complaint is that Moriearty violated sec. 46.17, Stats. (1985-86), and Wis. Adm.”
Wis. Stat. § 46.17(3): 1 case
Wagner v. State Dep't of Health & Soc. Servs., 471 N.W.2d 269 (Wis. Ct. App. 1991). “The theory of Wagner's complaint is that Moriearty violated sec. 46.17, Stats. (1985-86), and Wis. Adm.”
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