SPS 305.003 Note Note: Under s. 101.01 (12), Stats., “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 a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer unrelated residents or an adult family home, as defined in s. 50.01 (1).
SPS 305.003(63) (63) “Registered learner" has the meaning specified under s. 145.01 (13), Stats.
SPS 305.003 Note Note: Under s. 145.01 (13), Stats., “registered learner" means a person, other than a restricted plumber licensee, who is learning a limited type of plumbing and is engaged in assisting a restricted plumber licensee.
SPS 305.003(64) (64) “Rental unit" has the meaning specified under s. 101.122 (1) (e), Stats.
SPS 305.003 Note Note: Under s. 101.122 (1) (e), Stats., “rental unit" means any rented dwelling units. “Rental unit" does not include:
SPS 305.003 Note 1. Any building containing up to 4 dwelling units, one of which is owner-occupied.
SPS 305.003 Note 2. Any building constructed after December 1, 1978, which contains up to 2 dwelling units.
SPS 305.003 Note 3. Any building constructed after April 15, 1976, which contains more than 2 dwelling units.
SPS 305.003 Note 4. Any dwelling unit not rented at any time from November 1 to March 31.
SPS 305.003 Note5. A building that is subject to a condominium declaration under ch. 703, Stats., and that contains 3 or more units, as defined in s. 703.02 (15), Stats.
SPS 305.003(65) (65) “Restricted plumber licensee" has the meaning specified under s. 145.01 (14), Stats.
SPS 305.003 Note Note: Under s. 145.01 (14), Stats., “restricted plumber licensee" means any person licensed as a master plumber (restricted) or a journeyman plumber (restricted) under s. 145.14, Stats.
SPS 305.003(66) (66) “Retail purchaser" means any purchaser not licensed as a manufactured home dealer or a manufactured home salesperson.
SPS 305.003(67) (67) “Sanitary building sewer" has the meaning specified under s. SPS 381.01 (45).
SPS 305.003 Note Note: Under s. SPS 381.01 (45) “sanitary building sewer" means a building sewer which conveys wastewater consisting in part of domestic wastewater.
SPS 305.003(68) (68) “Site" means any plot of land which is owned or rented, and used or intended to be used for the accommodation of a manufactured home for residential purposes.
SPS 305.003(69) (69) “Storm building sewer" has the meaning specified under s. SPS 381.01 (46).
SPS 305.003 Note Note: Under s. SPS 381.01 (46) “storm building sewer" means a building sewer which conveys storm water wastes or clear water wastes, or both.
SPS 305.003(70) (70) “UDC" means chs. SPS 320 to 325, the Wisconsin uniform dwelling code.
SPS 305.003(71) (71) “Used manufactured home" has the meaning given in s. 101.91 (12), Stats.
SPS 305.003 Note Note: Under s. 101.91 (12), Stats., “used manufactured home" means a manufactured home that has previously been occupied, used or sold for personal or business use.
SPS 305.003(72) (72) “Utility contractor" has the meaning specified under s. 145.01 (15), Stats.
SPS 305.003 Note Note: Under s. 145.01 (15), Stats., “utility contractor" means a person licensed under s. 145.07 (10).
SPS 305.003(73) (73) “Water service" has the meaning specified under s. SPS 381.01 (282).
SPS 305.003 Note Note: Under s. SPS 381.01 (282) “water service" means that portion of a water supply system from the water main or private water supply to the building control valve.
SPS 305.003(74) (74) “Water supply system" has the meaning specified under s. SPS 381.01 (284).
SPS 305.003 Note Note: Under s. SPS 381.01 (284) “water supply system" means the piping of a private water main, water service and water distribution system, fixture supply connectors, fittings, valves, and appurtenances through which water is conveyed to points of usage such as plumbing fixtures, plumbing appliances, water using equipment or other piping systems to be served.
SPS 305.003(75) (75) “Year" means 12 consecutive months.
SPS 305.003 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; corrections made under s. 13.93 (2m) (b), 6. and 7., Stats., Register, October, 1996, No. 490; cr. (1m), (32m), am. (7), (15), (16), (33), (36), (37) and (42), r. (11); Register, March, 1998, No. 507, eff. 4-1-98; r. (12), cr. (30m), am. (32), Register, April, 2000, No. 532, eff. 5-1-00; CR 00-159: cr. (48m), Register September 2001 No. 549 eff. 10-1-01; CR 04-134: cr. (6m), (6s), (8m), (11), (17m), (26m), (27e), (27m), (27s), (27w), (32e), (32h), (46m), (47m), and (48s) Register June 2005 No. 594, eff. 7-1-05; CR 04-058: am. (32m) Register February 2006 No. 602, eff. 5-1-06; CR 06-031: am. (22) Register October 2006 No. 610, eff. 11-1-06; emerg. cr. (10g), (27y) and (32s), eff. 6-1-07; CR 06-127: r. and recr. (9), cr. (10m), renum. (17m) and (18) to be (18) and (19), r. (19), Register September 2007 No. 621, eff. 10-1-07; emerg. cr. (10g), (27y) and (32s), eff. 6-1-07; CR 07-089: cr. (10g), (26t), (27y) and (32s) Register June 2008 No. 630, eff. 7-1-08; CR 08-030: am. (10g) (a) Register December 2008 No. 636, eff. 1-1-09; CR 08-092: cr (26x) Register May 2009 No. 641, eff. 6-1-09; CR 09-028: r. and recr. (17) Register August 2010 No. 656, eff. 9-1-10; CR 11-020: renum. (1m) to (32h) to be (2) to (48), (32m) to (52) to be (50) to (75), cr. (49), Register December 2011 No. 672, eff. 1-1-12; correction in (18), (58), (59), (60), (67), (68), (70), (73), (74), as renumbered, made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 13-014: r. and recr. (15), r. (62) Register September 2013 No. 693, eff. 10-1-13; correction in (50) made under s. 13.92 (4) (b) 7., Stats., Register October 2013; CR 14-020: am. (15) Register August 2014 No. 704, eff. 9-1-14; CR 14-010: r. and recr. (15) Register August 2014 No. 704, eff. 9-1-14.
SPS 305.004 SPS 305.004Incorporation of standards by reference. The following standards of the American Welding Society are hereby incorporated by reference into this chapter:
SPS 305.004(1) (1) D1.1-10, Structural Welding Code — Steel.
SPS 305.004(2) (2) D 1.2-08, Structural Welding Code — Aluminum.
SPS 305.004(3) (3) D1.3-08, Structural Welding Code — Sheet Steel.
SPS 305.004(4) (4) D 1.6-07, Structural Welding Code — Stainless Steel.
SPS 305.004 Note Note: Copies of the American Welding Society (AWS) standards can be purchased from Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112-5776, telephone 800-854-7179, or through the AWS web site at www.aws.org/.
SPS 305.004 Note Note: Copies of standards incorporated by reference are on file in the offices of the department and the legislative reference bureau.
SPS 305.004 History History: CR 03-075: cr. Register June 2004 No. 582, eff. 8-1-04; CR 07-089: am. (1) Register June 2008 No. 630, eff. 7-1-08; CR 11-020: am. (1), renum. (2) to be (3) and amend, cr. (2), (4) Register December 2011 No. 672, eff. 1-1-12.
subch. I of ch. SPS 305 Subchapter I — General Requirements
Subch. I of ch. SPS 305 Note Note: Authority over registrations under ss. SPS 305.80 and 305.81 was transferred to the Department of Natural Resources (DNR) under 2013 Wis. Act 20, s. 9138 (7) (f). For purposes of administering registrations under ss. SPS 305.80 and 305.81 under subchapter I, “department" means DNR.
Subch. I of ch. SPS 305 Note Note: Authority over certifications or registrations under ss. SPS 305.68 and 305.82 to 305.89 was transferred to the Department of Agriculture, Trade and Consumer Protection (DATCP) under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f). For purposes of administering certifications or registrations under ss. 305.68 and SPS 305.82 to 305.89 under subchapter I, “department" means DATCP.
SPS 305.01 SPS 305.01Application.
SPS 305.01(1) (1) Application for a license, certification or registration or a license, certification or registration examination covered under this chapter shall be submitted on a form prescribed by the department.
SPS 305.01 Note Note: Applications and related forms for licenses, certifications, or registrations covered under subchapters II to VII and IX and X of this chapter are available from the Division of Industry Services at P.O. Box 7082, Madison, WI 53707-7082; or at telephone 608/261-8467 or 877/617-1565 or 411 (Telecommunications Relay); or at the Division's Web site at http://dsps.wi.gov/programs/industry-services.
SPS 305.01 Note Note: Applications and related forms for registrations covered under ss. SPS 305.80 and 305.81 are available from the Department of Natural Resources at P.O. Box 7921, Madison, WI 53707-7921; or at the Department's Web site at http://dnr.wi.gov/topic/brownfields/pecfa.html.
SPS 305.01 Note Note: Applications and related forms for certifications or registrations covered under ss. SPS 305.68 and 305.82 to 305.89 are available from the Department of Agriculture, Trade and Consumer Protection at P.O. Box 8911, Madison, WI 53708-8911; or at telephone 608-224-4929; or at the Department's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
SPS 305.01(2) (2) An application for a license, certification or registration which either requires or recognizes the attendance at or completion of educational courses as a qualification for the license, certification or registration shall be accompanied by such evidence, including but not limited to transcripts, that verifies fulfillment of the prerequisite.
SPS 305.01(3) (3) Pursuant to s. 101.02 (20) (b) and (21) (b), Stats., the department may not issue or renew any license, certification or registration under this chapter unless the applicant for the license, certification or registration includes his or her social security number, or in the case of a license, certification or registration for a business, the applicant includes the federal employer identification number. The department shall consider the failure by the applicant to provide a social security number or a federal employer identification number as an incomplete application and shall not process the application further until the appropriate number is provided.
SPS 305.01(4) (4) A business having multiple locations covered under one federal employer identification number applying for any of the following licenses, certifications or registrations need not obtain a separate license, certification or registration for each location:
SPS 305.01(4)(a) (a) Dwelling contractor.
SPS 305.01(4)(b) (b) Electrical contractor.
SPS 305.01(4)(c) (c) UDC inspection agency.
SPS 305.01(4)(d) (d) HVAC contractor.
SPS 305.01(4)(e) (e) PECFA consulting firm.
SPS 305.01(4)(f) (f) Tank specialty firm.
SPS 305.01(4)(g) (g) Elevator contractor.
SPS 305.01(4)(h) (h) Gas supplier.
SPS 305.01 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) and (2), cr. (3), Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: cr. (4) Register June 2004 No. 582, eff. 8-1-04; CR 07-007: am. (4) (a) Register August 2007 No. 620, eff. 9-1-07; CR 07-089: cr. (4) (g) Register June 2008 No. 630, eff. 7-1-08; CR 08-092: cr. (4) (h) Register May 2009 No. 641, eff. 6-1-09; EmR0904: emerg. cr. (4) (i), eff. 3-2-09; CR 08-110: cr. (4) (i) Register September 2009 No. 645, eff. 10-1-09; CR 14-010: r. (4) (i) Register August 2014 No. 704, eff. 9-1-14.
SPS 305.02 SPS 305.02Fees.
SPS 305.02(1)(a) (a) Fees required for the various licenses, certifications or registrations and their processing under this chapter shall be determined in accordance with Table 305.02, except as provided in par. (b).
SPS 305.02(1)(b)1.1. Pursuant to s. 145.05, Stats., a person who holds a master plumber license, master plumber-restricted license, journeyman plumber license or journeyman plumber-restricted license and who is employed by a city of the first, second or third class as a plumbing inspector is not required to submit a license fee in order to renew his or her license.
SPS 305.02(1)(b)2. 2. A person who applies to renew his or her master plumber license, master plumber-restricted license, journeyman plumber license or journeyman plumber-restricted license without the license fee as permitted under subd. 1. shall provide evidence that he or she is a plumbing inspector for a first, second or third class city with the application for renewal.
SPS 305.02 Note Note: The exemption of not having to pay a license fee does not relieve an individual of fulfilling all other obligations or responsibilities to renew the license such as continuing education requirements.
SPS 305.02(2) (2) Fees required under this chapter for the various licenses, certifications or registrations or their processing examinations shall not be refundable.
SPS 305.02(3) (3) The department shall prorate a license, certification or registration fee on a monthly basis for the initial issuance of a license, certification or registration which is issued for less than the full license, certification or registration period.
SPS 305.02(4)(a)(a) The fee for a petition for variance submitted for a rule relative to this chapter shall be $200.00, except as provided in par. (b).
SPS 305.02(4)(b) (b) The fee for a petition for variance submitted and requested by the submitter to be reviewed on a priority basis shall be $400.00.
SPS 305.02(5) (5) A fee of $15.00 shall be charged to replace a lost or destroyed license, certification or registration. - See PDF for table PDF
SPS 305.02 Note NA means Not Applicable
SPS 305.02 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; cr. line 11, renum. lines 11 to 63 to be 12 to 64; Register, March, 1998, No. 507, eff. 4-1-98; am. (1) to (3), (5) and Table 5.02, Register, April, 2000, No. 532, eff. 5-1-00; except Table 5.02 line 17 eff. 7-1-00; am. Table 5.02, Register, July, 2000, No. 535, eff. 9-1-00; CR 00-159: renumber Table 5.02 lines 37 to 65 to be lines 38 to 66, cr. line 37; Register September 2001 No. 549 eff. 10-1-01; CR 03-075: am. (1) (a) and Table 5.02 Register June 2004 No. 582, eff. 8-1-04; CR 04-134: cr. lines 11e, 11m and 11s of Table 5.02 Register June 2005 No. 594, eff. 7-1-05; CR 06-031: am. Table 5.02 Register October 2006 No. 610, eff. 11-1-06; CR 06-071: cr. line 11w Register November 2006 No. 611, eff. 12-1-06; CR 07-007: am. lines 9 and 10, cr. line 9m of Table 5.02 Register August 2007 No. 620, eff. 9-1-07; CR 06-127: am. Table 5.02 Line 49, cr. Table 5.02 Lines 54g and 54r, Register September 2007 No. 621, eff. 10-1-07; CR 07-089: am. Table 5.02 line 39, cr. lines 67 to 75 Register June 2008 No. 630, eff. 7-1-08; CR 08-039: am. (5) and Table 5.02 Register November 2008 No. 635, eff. 12-1-08; CR 08-092: cr. lines 50m and 50n of Table 5.02 Register May 2009 No. 641, eff. 6-1-09; EmR0904: emerg. cr. line 8m of Table 5.02, eff. 3-2-09; CR 08-110: cr. line 8m of Table 5.02 Register September 2009 No. 645, eff. 10-1-09; CR 09-046: am. lines 1 to 8, 13 to 15, 18 to 20, 29, 33, 34, 44, 50 and 68 to 70 of Table 5.02 Register March 2010 No. 651, eff. 4-1-10; CR 09-028: am. Table 5.02 lines 22, 24, 25, 26, cr. lines 24m, 25g, 25r, 26e, 26m, and 26s, r. line 23 Register August 2010 No. 656, eff. 9-1-10, except repeal of line 23, eff. 4-1-13; CR 10-039: am. Table 5.02 line 19, r. Table 5.02 line 20 Register November 2010 No. 659, eff. 12-1-10; CR 10-090: cr. Table 5.02 lines 50r to 50t Register January 2011 No. 661, eff. 2-1-11; CR 11-020: cr. Table 305.02 line 32m, Register December 2011 No. 672, eff. 1-1-12; correction in (1) (a), Table footnote a made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 12-007: r. Table 305.02 lines 50r. to 50t Register July 2012 No. 679, eff. 8-1-12; CR 13-014: r. Table 305.02 line 50 Register September 2013 No. 693, eff. 10-1-13; CR 14-010: r. Table 305.02 line 8m. Register August 2014 No. 704, eff. 9-1-14; EmR1415: emerg. cr. Table 305.02 line 24r., eff. 8-6-14; CR 14-049: cr. Table 305.02 line 24r. Register July 2015 No. 715, eff. 8-1-15; EmR1524: cr. Table 305.02 line 37m., eff. 11-21-15; CR 15-086: cr. Table 305.02 line 37m., Register June 2016 No. 726, eff. 7-1-16.
SPS 305.03 SPS 305.03Petitions for variance. An individual may submit a petition for variance to any rule in this chapter in accordance with ch. SPS 303.
SPS 305.03 Note Note: Many of the rules relating to credentials reflect specific statutory requirements; in such cases the department is not able to grant a petition for variance if it would supersede a statutory requirement.
SPS 305.03 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 305.04 SPS 305.04Processing times.
SPS 305.04(1) (1) An application for a license, certification or registration covered under this chapter shall be granted or denied by the department within 21 calendar days after the department receives all of the application materials necessary to obtain the license, certification or registration.
SPS 305.04 Note Note: Pursuant to s. 227.116, Stats., the failure by the department to make a determination on an application results in the department having to prepare and file a report with the permit information center of the department. The failure by the department to make a determination on an application does not relieve a person from the obligation to comply with the requirements or qualifications of the license, certification or registration or to secure the license, certification or registration.
SPS 305.04(2)(a)(a) If the license, certification or registration application information is insufficient, the department shall request additional information within 21 calendar days of receipt of the application.
SPS 305.04(2)(b) (b) If an applicant does not respond to a request by the department for additional information within 3 months after the date of the request, the department shall make a determination on the application based upon the information on hand.
SPS 305.04 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) and (2) (a), Register, April, 2000, No. 532, eff. 5-1-00.
SPS 305.05 SPS 305.05Mailing.
SPS 305.05(1) (1) Unless otherwise provided by law, all orders, notices and other papers may be served by the department by first class mail at the address on file with the department.
SPS 305.05(2) (2) A license, certification or registration holder shall be responsible for notifying the department of any change in mailing address.
SPS 305.05 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (2), Register, April, 2000, No. 532, eff. 5-1-00.
SPS 305.06 SPS 305.06Terms.
SPS 305.06(1) (1) A license, certification or registration issued under this chapter shall be valid for a period of time no longer than that specified in Table 305.06.
SPS 305.06(2) (2) A license, certification or registration issued under this chapter shall expire at midnight on the day or date of expiration of the term specified in Table 305.06. - See PDF for table PDF
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.