101.111 Excavations; protection of adjoining property and buildings.
(1) Definition. In this section “excavator" means any owner of an interest in land making or causing to be made an excavation.
(2) Cave-in prevention. Any excavator shall protect the excavation site in such a manner so as to prevent the soil of adjoining property from caving in or settling.
(3) Liability for underpinning and foundation extensions.
(a) If the excavation is made to a depth of 12 feet or less below grade, the excavator may not be held liable for the expense of any necessary underpinning or extension of the foundations of buildings on adjoining properties.
(b) If the excavation is made to a depth in excess of 12 feet below grade, the excavator shall be liable for the expense of any necessary underpinning or extension of the foundations of any adjoining buildings below the depth of 12 feet below grade. The owners of adjoining buildings shall be liable for the expense of any necessary underpinning or extension of the foundations of their buildings to the depth of 12 feet below grade.
(4) Notice. Unless waived by adjoining owners, at least 30 days prior to commencing the excavation the excavator shall notify, in writing, all owners of adjoining buildings of his or her intention to excavate. The notice shall state that adjoining buildings may require permanent protection. The owners of adjoining property shall have access to the excavation site for the purpose of protecting their buildings.
(5) Employees not liable. No worker who is an employee of an excavator may be held liable for his or her employer's failure to comply with this section.
(6) Failure to comply; injunction. If any excavator fails to comply with this section, any aggrieved person may commence an action to obtain an order under ch. 813 directing such excavator to comply with this section and restraining the excavator from further violation thereof. If the aggrieved person prevails in the action, he or she shall be reimbursed for all his or her costs and disbursements together with such actual attorney fees as may be approved by the court.
History: 1977 c. 88; 2017 a. 365.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
101.02 - Powers, duties and jurisdiction of department.
101.022 - Certain laws applicable to occupational licenses.
101.023 - Commercial building code council duties.
101.025 - Ventilation requirements for public buildings and places of employment.
101.027 - Energy conservation code for public buildings and places of employment.
101.03 - Testimonial powers of secretary and deputy.
101.05 - Exempt buildings and projects.
101.053 - Recreational and educational camps.
101.055 - Public employee safety and health.
101.11 - Employer's duty to furnish safe employment and place.
101.111 - Excavations; protection of adjoining property and buildings.
101.12 - Approval and inspection of public buildings and places of employment and components.
101.121 - State historic building code.
101.1215 - Abrasive cleaning of historic buildings.
101.125 - Safety glazing in hazardous locations.
101.127 - Building requirements for certain residential facilities.
101.13 - Physically disabled persons; place of employment and public building requirements.
101.132 - Physically disabled persons; housing requirements.
101.135 - Uniform firewall identification.
101.137 - Fire suppression; ozone-depleting substances.
101.14 - Fire inspections, prevention, detection and suppression.
101.141 - Record keeping of fires.
101.1472 - Contractor regulation.
101.149 - Carbon monoxide detectors.
101.15 - Mines, tunnels, quarries and pits.
101.16 - Liquefied petroleum gas.
101.17 - Machines and boilers, safety requirement.
101.175 - Local energy resource systems.
101.178 - Installation and servicing of heating, ventilating and air conditioning equipment.
101.55 - Executive agreements to control sources of radiation.
101.573 - Fire dues distribution.
101.575 - Entitlement to dues.
101.578 - Protection of medical waste incinerator employees.
101.58 - Employees' right to know.
101.581 - Notice requirements.
101.583 - Toxic substance information requirements; employer to employee.
101.585 - Infectious agent information requirements; employer to employee.
101.586 - Pesticide information requirements; employer or agricultural employer to employee.
101.587 - Information requirements; employer or agricultural employer to department.
101.588 - Information collection and maintenance; department.
101.589 - Extended time periods; exceptions.
101.59 - Manufacturer, supplier; requirements.
101.592 - Confidential information.
101.597 - Education and training programs.
101.599 - Remedies; civil forfeitures.
101.62 - Uniform dwelling code council.
101.642 - Certain rules prohibited.
101.647 - Carbon monoxide detectors.
101.651 - Special requirements for smaller municipalities.
101.652 - Manufactured homes; responsibility for compliance.
101.653 - Construction site erosion control.
101.654 - Contractor certification; education.
101.66 - Compliance and penalties.
101.72 - Uniform dwelling code council.
101.743 - Certain rules prohibited.
101.75 - Inspections, insignia and alterations.
101.761 - Certain municipalities excepted.
101.861 - Municipal licensing authority.
101.862 - License or registration required.
101.868 - Requirements for master electricians.
101.87 - Requirements for journeyman electricians.
101.88 - Compliance and penalties.
101.92 - Departmental powers and duties.
101.9202 - Excepted liens and security interests.
101.9203 - When certificate of title required.
101.9204 - Application for certificate of title.
101.9205 - When department to issue certificate and to whom; maintenance of records.
101.9206 - Contents of certificate of title.
101.9207 - Lost, stolen or mutilated certificates.
101.9209 - Transfer of interest in a manufactured home.
101.921 - Transfer to or from dealer.
101.9211 - Involuntary transfers.
101.9212 - When department to issue a new certificate.
101.9213 - Perfection of security interests.
101.9214 - Duties on creation of security interest.
101.9215 - Assignment of security interest.
101.9216 - Release of security interest.
101.9217 - Secured party's and owner's duties.
101.9218 - Applicability of manufactured home security provisions.
101.9219 - Withholding certificate of title; bond.
101.922 - Suspension or revocation of certificate.
101.9221 - Grounds for refusing issuance of certificate of title.
101.9222 - Previously certificated manufactured homes.
101.933 - Manufactured housing code council duties.
101.934 - Manufactured housing rehabilitation and recycling.
101.935 - Manufactured home community regulation.
101.937 - Water and sewer service to manufactured home communities.
101.95 - Manufactured home manufacturers regulated.
101.951 - Manufactured home dealers regulated.
101.952 - Manufactured home salespersons regulated.
101.953 - Warranty and disclosure.
101.954 - Sale or lease of used manufactured homes.
101.955 - Jurisdiction and venue over out-of-state manufacturers.
101.96 - Manufactured home installation regulated.
101.981 - Definitions; modification by rule.
101.982 - Conveyance safety code.
101.983 - Approvals and permits for conveyances required.
101.984 - Licenses and supervision required.
101.985 - Licensing qualifications and procedure.