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SPS 384.15 Health care plumbing appliances.
SPS 384.20 Plumbing fixtures, appliances and equipment.
SPS 384.25 POWTS holding components or treatment components.
SPS 384.30 Plumbing materials.
SPS 384.40 Joints and connections.
SPS 384.50 Alternate approvals and experimental approvals.
Ch. SPS 384 Note Note: Chapter ILHR 84 as it existed on May 31, 1988 was repealed and a new chapter ILHR 84 was created effective June 1, 1988. Chapter ILHR 84 was renumbered Comm 84 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494. Chapter Comm 84 was renumbered chapter SPS 384 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
SPS 384.01 SPS 384.01 Scope.
SPS 384.01(1)(1) The provisions of this chapter govern the quality and installation of materials, fixtures, appliances, appurtenances, and equipment relating to plumbing.
SPS 384.01(2) (2) A department interpretation of the requirements in this chapter shall supersede any differing interpretation by a lower level jurisdiction. A department decision on the application of the requirements in this chapter shall supersede any differing decision by a lower level jurisdiction.
SPS 384.01 Note Note: A decision of the department may be appealed. Section 101.02 (6) (e), Stats., outlines the procedure for submitting requests to the department for appeal hearings and the department procedures for hearing appeals.
SPS 384.01 History History: Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 07-100: renum. to (1), cr. (2) Register September 2008 No. 633, eff. 10-1-08.
SPS 384.02 SPS 384.02 Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 145.12, Stats.
SPS 384.02 History History: Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535.
SPS 384.03 SPS 384.03 Definitions. In this chapter:
SPS 384.03(1) (1) "Health care plumbing appliance" means a plumbing appliance, the function of which is unique to health care activities.
SPS 384.03(2) (2) "Laboratory plumbing appliance" means a plumbing appliance, the function of which is unique to scientific experimentation or research activities.
SPS 384.03(3) (3) "Prefabricated plumbing" means concealed drain piping, vent piping or water supply piping or a combination of these types of piping, contained in a modular building component, which will not be visible for inspection when delivered to the final site of installation.
SPS 384.03 History History: Cr. Register, May, 1988, No. 389, eff. 6-1-88.
SPS 384.10 SPS 384.10 Department approval. No fixture, appliance, appurtenance, material, device or product may be sold for use in a plumbing system or may be installed in a plumbing system, unless it is of a type conforming to the standards or specifications of chs. SPS 382 and 383 and this chapter and ch. 145, Stats.
SPS 384.10(1) (1)Alternate or experimental product approval. If it is alleged that the approval of a fixture, appliance, appurtenance, material, device or product under this section would result in an adverse health effect or potentially adverse health effect on the waters of the state, the department may require an alternate or experimental product approval under s. SPS 384.50.
SPS 384.10(2) (2)Product review and approval.
SPS 384.10(2)(a)1.1. Each type of plumbing product which falls into one of the categories specified in Table 384.10 shall be approved by the department in accordance with this subsection before the product may be sold for use in a plumbing system or installed in a plumbing system.
SPS 384.10(2)(a)2. 2. Specifications and plans or drawings for each type of product shall be submitted to the department for review. The submittal shall be accompanied by sufficient data and information to determine if the product and its performance comply with the provisions of chs. SPS 382, 383 and this chapter and ch. 145, Stats.
SPS 384.10(2)(b) (b) The department may require that a submitter of a product for review have the product tested and its performance certified by an approved testing laboratory.
SPS 384.10(2)(c) (c) If, upon review, the department determines that a product conforms to the provisions of chs. SPS 382, 383 and this chapter and ch. 145, Stats., the department shall issue an approval in writing. The department may impose specific conditions in granting an approval. Violations of the conditions under which an approval is granted shall constitute a violation of this chapter.
SPS 384.10(2)(d) (d) If, upon review, the department determines that a product does not conform to provisions of chs. SPS 382, 383 and this chapter and ch. 145, Stats., the request for approval shall be denied in writing.
SPS 384.10(2)(e) (e) The department shall review and make a determination on an application for a product approval within 40 business days of receipt of all fees, plans, drawings, specifications and other information required to complete the review.
SPS 384.10(2)(f) (f) If an approved plumbing product is modified or additional assertions of function or performance are made, the approval shall be considered null and void, unless the change is submitted to the department for review and the approval is reaffirmed.
SPS 384.10(2)(g) (g) Approvals for plumbing products issued by the department prior to November 1, 1985, shall expire 30 months after the effective date of this section.
SPS 384.10(2)(h) (h) Approvals for plumbing products issued by the department after November 1, 1985, shall expire at the end of the 60th month after the date of approval issuance. - See PDF for table PDF
SPS 384.10(3) (3)Voluntary POWTS component review.
SPS 384.10(3)(a)(a) The department may issue an approval, upon request and review, for specific methods or technologies that are proposed to be utilized as POWTS holding, treatment or dispersal components which conform to the standards or specifications referenced in chs. SPS 381, 382, 383 and this chapter, but do not require approval under sub. (2) or s. SPS 384.50.
SPS 384.10(3)(b) (b) Each request for approval shall be made on a form provided by the department.
SPS 384.10 Note Note: See appendix for a reprint of the form and addresses of the department where the form may be obtained.
SPS 384.10(3)(c) (c) The submittal shall be accompanied by sufficient data and information to determine if the method or technology complies with the provisions of chs. SPS 381, 382 and 383, and this chapter. The submittal shall include, but not be limited to, all of the following:
SPS 384.10(3)(c)1. 1. Plans and specifications.
SPS 384.10(3)(c)2. 2. Theory of operation.
SPS 384.10(3)(c)3. 3. Testing protocol.
SPS 384.10(3)(c)4. 4. Testing data.
SPS 384.10(3)(c)5. 5. Limits of reliable operation.
SPS 384.10(3)(c)6. 6. Installation requirements and procedures.
SPS 384.10(3)(c)7. 7. Inspection checklist and worksheet.
SPS 384.10(3)(c)8. 8. Inspection requirements and procedures.
SPS 384.10(3)(c)9. 9. Operation and maintenance requirements.
SPS 384.10(3)(c)10. 10. Operation and maintenance schedule.
SPS 384.10(3)(c)11. 11. Operation and maintenance checklist and worksheet.
SPS 384.10(3)(d)1.1. The department shall review a submittal under this subsection with input from a technical advisory committee.
SPS 384.10(3)(d)2. 2. The members on the technical advisory committee under subd. 1. shall be appointed by the department for staggered 3-year terms and shall include representatives of at least the following groups or organizations:
SPS 384.10(3)(d)2.a. a. The department of natural resources.
SPS 384.10(3)(d)2.b. b. Local governmental unit.
SPS 384.10(3)(d)2.c. c. POWTS designer.
SPS 384.10(3)(d)2.d. d. Academic or scientific community.
SPS 384.10(3)(d)2.f. f. Environmental group.
SPS 384.10(3)(d)2.g. g. POWTS component manufacturer.
SPS 384.10(3)(e)1.1. After review by the technical advisory committee under par. (d) but prior to issuing an approval under par. (f), the department shall seek public comments on a submittal under this subsection.
SPS 384.10(3)(e)2.a.a. The department shall place the notice requesting public comment under subd. 1. in the official state newspaper.
SPS 384.10 Note Note: The official state newspaper at the time this rule goes into effect, July 1, 2000, is the Wisconsin State Journal.
SPS 384.10(3)(e)2.b. b. The department shall include a time limit for public comment in each notice.
SPS 384.10(3)(e)3. 3. If the department receives a significant amount of public comment under subd. 2., the department may elect to recognize the specific method or technology through the rule-making process under ch. 227, Stats., and to cite the recognition in s. SPS 383.61.
SPS 384.10(3)(f)1.1. If, upon review, the department determines that the method or technology conforms to the provisions of chs. SPS 381, 382 and 383 and this chapter, the department shall issue an approval in writing.
SPS 384.10(3)(f)2. 2. The department may impose specific conditions in granting an approval, including a provision to provide training to POWTS installers and POWTS inspectors.
SPS 384.10(3)(f)3. 3. Violations of the conditions under which an approval is granted shall constitute a violation of this chapter.
SPS 384.10(3)(g) (g) If, upon review, the department determines that the method or technology does not conform to the provisions of chs. SPS 381, 382 and 383 and this chapter, the request for approval shall be denied in writing.
SPS 384.10(3)(h) (h) The department shall review and make a determination on an application for a method or technology approval within 3 months of receipt of all fees, plans, drawings, specifications and other information required to complete the review, unless the department elects to review the method or technology as part of the rule-making process under ch. 227, Stats.
SPS 384.10(3)(i) (i) If an approved method or technology is modified or additional assertions of function or performance are made, the approval shall be considered null and void, unless the change is submitted to the department for review and the approval is reaffirmed.
SPS 384.10(4) (4)Revocation. The department may revoke any approval issued under this section for any false statements or misrepresentation of facts on which the approval was based, or as a result of the product's failure, or if data indicate a health hazard or threat to the waters of the state.
SPS 384.10(5) (5)Limitations. An approval of a plumbing product by the department may not be construed as an assumption of any responsibility for defects in design, construction or performance of any product nor for any damages that may result. All products shall be installed in accordance with the manufacturer's printed instructions and as specified in chs. SPS 382 to 384. If there is a conflict between the manufacturer's printed instructions and requirements of chs. SPS 382 to 384, the requirements of chs. SPS 382 to 384 shall take precedence.
SPS 384.10(6) (6)Fees. Fees for product approval review shall be submitted in accordance with s. SPS 302.66.
SPS 384.10 History History: Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction made in (6) under s. 13.93 (2m) (b) 7., Stats., Register, February, 1994, No. 458; emerg. am. Table 84.10, (2) (a) (intro.), r. (2) (a) 2., eff. 5-12-94; renum. (2) (a) (intro.), 1. and 2. to be 1., 2. and 3., r. (2) (a) 3., am. Table 84.10, Register, October, 1994, No. 466, eff. 11-1-94; am. Table 84.10 and r. and recr. (3), Register, April, 2000, No. 532, eff. 7-1-00; r. (2) (a) 2., renum. (2) (a) (intro.) and 1. to be (2) (a) 1. and 2. and am. (2) (a) 2., am. (5), (6) and Table 84.10, Register, July, 2000, No. 535, eff. 9-1-00; am. (4) and (5), Register, December, 2000, No. 540, eff. 1-1-01; CR 02-002: am. Table Register April 2003 No. 568, eff. 5-1-03; CR 04-035: am. Table 84.10 Register November 2004, eff. 12-1-04; CR 08-055: am. Table 84.10 Register February 2009 No. 638, eff. 3-1-09; correction in (intro.), (1), (2) (a) 1., 2., (c), (d), (3) (a), (c) (intro.), (e) 3., (f) 1., (g), (5), (6), Table 384.10 made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 384.11 SPS 384.11 Device listing. Cross connection control devices and water treatment devices complying with the referenced standard in Table 384.11 shall be listed by a nationally recognized listing agency acceptable to the department.
SPS 384.11 Note Note: See appendix for acceptable listing agencies. - See PDF for table PDF
SPS 384.11 History History: Cr. Register, July, 2000, No. 535, eff. 9-1-00; CR 02-002: am. Table Register April 2003 No. 568, eff. 5-1-03; CR 04-035: am. Table 84.11 Register November 2004 No. 587, eff. 12-1-04; CR 08-055: am. Table 84.11 Register February 2009 No. 638, eff. 3-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 384.12 SPS 384.12 Identification. Each length of pipe and each pipe fitting, trap, fixture, material, device and product to be used in plumbing shall be marked as required by the applicable standard specified by reference in this chapter or as specified by rule in this chapter.
SPS 384.12 History History: Cr. Register, May, 1988, No. 389, eff. 6-1-88; am. Register, April, 2000, No. 532, eff. 7-1-00; renum. from s. Comm 84.11, Register, July, 2000, No. 535, eff. 9-1-00.
SPS 384.13 SPS 384.13 Penetrations of fire-resistive assemblies. Penetrations of fire-resistive assemblies, such as walls and floor-ceiling systems, by plumbing systems or plumbing materials shall be protected in accordance with requirements of chs. SPS 361 to 366.
SPS 384.13 History History: Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.93 (2m) (b) 7., Stats.; renum. from s. Comm 84.12, Register, July, 2000, No. 535, eff. 9-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register June 2002 No. 558; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 384.14 SPS 384.14 Chemical or biochemical treatments for private sewage systems. Chemical or biochemical treatments for private sewage systems shall function and perform in accordance with the assertions submitted to the department. Chemical or biochemical treatments for private sewage systems may not directly or indirectly adversely affect bacterial action in the systems, soil hydraulic conductivity in the absorption areas, or groundwater quality beneath the systems.
SPS 384.14 History History: Cr. Register, May, 1988, No. 389, eff. 6-1-88; renum. from s. Comm 84.13, Register, July, 2000, No. 535, eff. 9-1-00.
SPS 384.15 SPS 384.15 Health care plumbing appliances. Health care plumbing appliances shall function and perform in accordance with the drain, vent, water supply and backflow protection requirements of ch. SPS 382.
SPS 384.15 History History: Cr. Register, May, 1988, No. 389, eff. 6-1-88; renum. from s. Comm 84.14, Register, July, 2000, No. 535, eff. 9-1-00; CR 02-002: am. Register April 2003 No. 568, eff. 5-1-03; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 384.20 SPS 384.20 Plumbing fixtures, appliances and equipment.
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