SB698: Bill Text

SB698,123 Section 123. 145.045 (2) of the statutes is repealed.

SB698,124 Section 124. 145.045 (3) of the statutes is renumbered 101.9915 (3) and amended to read:

SB698,33,10 101.9915 (3) Plumbers and septic tank installers. A plumber or septic tank installer may also be a soil tester and install any system after approval of the site or project by the department or the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

SB698,125 Section 125. 145.05 of the statutes is renumbered 101.9916.

SB698,126 Section 126. 145.06 of the statutes is renumbered 101.9917.

SB698,127 Section 127. 145.07 of the statutes is renumbered 101.9918, and 101.9918 (9), (10), (11) and (12), as renumbered, are amended to read:

SB698,33,16 101.9918 (9) Master plumbers, journeyman plumbers and apprentices are not subject to the restrictions under s. 145.14 101.9925.

SB698,33,24 (10) An application for a utility contractor's license shall be made to the department with fees required by the department under s. 145.08 101.9919 (1) (o). The department shall issue a utility contractor's license to any person who is skilled in the planning, superintending and practical installation, within public or private premises, of piping which conveys sewage, rain water or other liquid wastes to a legal point of disposal and who is skilled in the design, planning, superintending and practical installation of water service piping from the street main to the immediate inside building perimeter.

SB698,34,8 (11) An application for registration as a pipelayer shall be made to the department with the fees required by the department under s. 145.08 101.9919 (1) (q). The department shall approve the registration of any person as a pipelayer if the person is employed by a utility contractor and if the person is engaged in the practical installation, within public or private premises, of piping which conveys sewage, rain water or other liquid wastes to a legal point of disposal or engages in the practical installation of water service piping from the street main to the immediate inside building perimeter.

SB698,34,11 (12) An applicant for registration as a cross-connection control tester shall submit an application and registration fee to the department as prescribed by the rules promulgated under s. 145.02 101.9912 (4) (b).

SB698,128 Section 128. 145.08 of the statutes is renumbered 101.9919, and 101.9919 (1g), as renumbered, is amended to read:

SB698,34,17 101.9919 (1g) The department may not charge a plumbing supervisor employed by the department in accord with s. 145.02 101.9912 (3) (a) a fee for the appropriate 4-year license for which the plumbing supervisor has previously qualified.

SB698,129 Section 129. 145.09 of the statutes is renumbered 101.992, and 101.992 (intro.), as renumbered, is amended to read:

SB698,34,22 101.992 State comity. (intro.) Any person may be accepted for examination for the appropriate classification of license without submitting evidence required under s. 145.07 101.9918, if:

SB698,130 Section 130. 145.10 of the statutes is renumbered 101.9921, and 101.9921 (1) (c), as renumbered, is amended to read:

SB698,35,2 101.9921 (1) (c) Falsified information on an inspection form under s. 145.20 101.9934 (5).

SB698,131 Section 131. 145.11 of the statutes is renumbered 101.9922, and 101.9922 (4), as renumbered, is amended to read:

SB698,35,8 101.9922 (4) Subsection (1) does not apply to any person who advertises as providing services for which no license is required under s. 145.06 101.9917, unless the person holds himself or herself out as providing services for which a license is required.

SB698,132 Section 132. 145.12 of the statutes is renumbered 101.9923, and 101.9923 (4) and (5) (a), as renumbered, are amended to read:

SB698,35,16 101.9923 (4) Any person who violates any order under s. 145.02 101.9912 (3) (f) or 145.20 101.9934 (2) (f) or any rule or standard adopted under s. 145.13 101.9912 shall forfeit not less than $10 nor more than $1,000 for each violation. Each violation of an order under s. 145.02 101.9912 (3) (f) or 145.20 101.9934 (2) (f) or a rule or standard under s. 145.13 101.9912 constitutes a separate offense and each day of continued violation is a separate offense.

SB698,35,20 (5) (a) In lieu of any other penalty under this section, the department may directly assess a forfeiture by issuing an order against any person who violates s. 145.06 101.9917 or 145.20 101.9934 (6). The department may not assess a forfeiture exceeding $2,000 for each violation.

SB698,133 Section 133. 145.13 of the statutes is repealed.

SB698,134 Section 134. 145.14 of the statutes is renumbered 101.9925.

SB698,135 Section 135. 145.15 of the statutes is renumbered 101.9926, and 101.9926 (1), (2) and (3), as renumbered, are amended to read:

SB698,36,4 101.9926 (1) No city, village, town or county may require the licensing of any person licensed or registered under ss. 145.15 to 145.18 101.9926 to 101.9931 for any activity regulated under ss. 145.15 to 145.18 101.9926 to 101.9931 or rules adopted thereunder.

SB698,36,8 (2) All licenses issued under ss. 145.15 to 145.18 101.9926 to 101.9931 shall be issued by the department. The department shall not restrict the work done by any licensed journeyman sprinkler system fitter of any automatic fire sprinkler contractor or apprentice to any geographical territory.

SB698,36,15 (3) Any person not licensed under this chapter prior to April 26, 1972, who was regularly engaged in the occupation of installing automatic fire sprinkler systems on or before March 1, 1967, shall be licensed under ss. 145.15 to 145.18 101.9926 to 101.9931 without being required to pass any written, oral or practical examination qualifying the person for a license under ss. 145.15 to 145.18 101.9926 to 101.9931. Any such person shall apply for the appropriate license and pay the appropriate license fee.

SB698,136 Section 136. 145.16 of the statutes is renumbered 101.9927.

SB698,137 Section 137. 145.165 of the statutes is renumbered 101.9928, and 101.9928 (1) and (2), as renumbered, are amended to read:

SB698,36,24 101.9928 (1) An automatic fire sprinkler fitter-maintenance only registration certificate is required for any person who is employed to maintain automatic fire sprinkler systems by a business establishment registered under s. 145.175 101.993. The department shall, by rule, specify the requirements for issuing an automatic fire sprinkler fitter-maintenance only registration certificate and specify the activities in which a person holding a certificate under this section may engage.

SB698,37,2 (2) This section does not apply to any person registered under s. 145.16 101.9927 or licensed under s. 145.17 101.9929 (2).

SB698,138 Section 138. 145.17 of the statutes is renumbered 101.9929.

SB698,139 Section 139. 145.175 of the statutes is renumbered 101.993.

SB698,140 Section 140. 145.18 of the statutes is renumbered 101.9931.

SB698,141 Section 141. 145.19 of the statutes is renumbered 101.9932.

SB698,142 Section 142. 145.195 of the statutes is renumbered 101.9933.

SB698,143 Section 143. 145.20 of the statutes is renumbered 101.9934, and 101.9934 (2) (h), (3) (c), (5) (a) and (am) and (6) (a) 1., as renumbered, are amended to read:

SB698,37,15 101.9934 (2) (h) Inspect existing private on-site wastewater treatment systems to determine compliance with s. 145.195 101.9933 if a building or structure is being constructed which requires connection to an existing private on-site wastewater treatment system. The county is not required to conduct an on-site inspection if a building or structure is being constructed which does not require connection to an existing private on-site wastewater treatment system.

SB698,38,2 (3) (c) If the governing body for a governmental unit responsible for the regulation of private on-site wastewater treatment systems does not adopt a private on-site wastewater treatment system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 101.9932 (3), the department may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 101.9932 (3) or sub. (1) or (2). If the department determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private on-site wastewater treatment system until the violation is corrected.

SB698,38,16 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 101.9937 (9).

SB698,38,24 (am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.245 101.9937, a governmental unit must comply with these deadlines.

SB698,39,3 (6) (a) 1. Conduct any activities for which certification is required under s. 145.045 101.9915 (1), except that the employee may review and verify soil tester reports as provided in sub. (2) (a).

SB698,144 Section 144. 145.23 of the statutes is renumbered 101.9935.

SB698,145 Section 145. 145.24 of the statutes is renumbered 101.9936, and 101.9936 (1), as renumbered, is amended to read:

SB698,39,11 101.9936 (1) If an existing private on-site wastewater treatment system either is not located in soil meeting the siting standards or is not constructed in accordance with design standards promulgated under s. 145.02 or 145.13 101.9912, the owner of the private on-site wastewater treatment system may petition the department for a variance to the siting or design standards.

SB698,146 Section 146. 145.245 of the statutes is renumbered 101.9937, and 101.9937 (1) (a) 2., (7) (a), (c) and (e) and (9) (a), as renumbered, are amended to read:

SB698,39,15 101.9937 (1) (a) 2. A written enforcement order issued under s. 145.02 101.9912 (3) (f), 145.20 101.9934 (2) (f) or 281.19 (2).

SB698,39,20 (7) (a) Except as provided in par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private on-site wastewater treatment system which would be necessary to allow the rehabilitated system or new system to meet the minimum requirements of the state plumbing code promulgated under s. 145.13 101.9912.

SB698,40,13 (c) Except as provided in pars. (d) and (e), the state grant share under this section is limited to $7,000 for each principal residence or small commercial establishment to be served by the private on-site wastewater treatment system or to the amount determined by the department based upon private on-site wastewater treatment system grant funding tables, whichever is less. The department shall prepare and publish private on-site wastewater treatment system grant funding tables which specify the maximum state share limitation for various components and costs involved in the rehabilitation or replacement of a private on-site wastewater treatment system based upon minimum size and other requirements specified in the state plumbing code promulgated under s. 145.02 101.9912. The maximum state share limitations shall be designed to pay approximately 60% of the average allowable cost of private on-site wastewater treatment system rehabilitation or replacement based upon estimated or actual costs of that rehabilitation or replacement. The department shall revise the grant funding tables when it determines that 60% of current costs of private on-site wastewater treatment system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10%, except that the department may not revise the grant funding tables more often than once every 2 years.

SB698,40,20 (e) Costs allowable for experimental private on-site wastewater treatment systems shall include the costs of installing and monitoring experimental private on-site wastewater treatment systems installed under s. 145.02 101.9912 (3) (b) and this section. The department shall promulgate rules that specify how the department will select, monitor and allocate the state share for experimental private on-site wastewater treatment systems that the department funds under this section.

SB698,40,22 (9) (a) Adopt and administer the maintenance program established under s. 145.20 101.9934 (5);

SB698,147 Section 147. 145.26 of the statutes is renumbered 101.9938, and 101.9938 (1), as renumbered, is amended to read:

SB698,41,9 101.9938 (1) In this section, "public swimming pool" means a fixed or mobile structure, basin, chamber, or tank and appurtenant buildings and equipment that serve or are installed for use by the state, a political subdivision of the state, a motel, a hotel, a resort, a camp, a club, an association, a housing development, a school, a religious, charitable, or youth organization, an educative or rehabilitative facility, or another entity. "Public swimming pool" does not mean an inflated mobile structure, basin, chamber, or tank; a swim pond; an individual therapeutic pod, tub, or bath; or a fixed or mobile structure, basin, chamber, or tank that only serves fewer than 3 individual residences.

SB698,148 Section 148. 160.255 (1) of the statutes is amended to read:

SB698,41,12 160.255 (1) In this section, "private on-site wastewater treatment system" has the meaning given in s. 145.01 101.9911 (12).

SB698,149 Section 149. 200.21 (11) of the statutes is amended to read:

SB698,41,17 200.21 (11) "Sewerage system" means all facilities of the district for collection, transportation, storage, pumping, treatment and final disposition of sewage. "Sewerage system" does not include any private on-site wastewater treatment system, as defined in s. 145.01 101.9911 (12), or any local sewer.

SB698,150 Section 150. 200.29 (1) (c) 3. a. of the statutes is amended to read:

SB698,41,23 200.29 (1) (c) 3. a. The weight to be given to the need for private on-site wastewater treatment systems, as defined in s. 145.01 101.9911 (12), to maintain the public health and welfare in any area located within the district prior to a redefinition of the boundary but located outside the district after any redefinition of the boundary.

SB698,151 Section 151. 234.49 (1) (e) of the statutes is amended to read:

SB698,42,5 234.49 (1) (e) "Housing" means a residential structure having not more than 4 dwelling units in which at least one unit is occupied by the owner as a principal residence and, if a housing rehabilitation loan is granted for the property to implement energy conservation improvements, the structure is not subject to rules adopted under s. 101.02, 101.63, or 101.73, or 101.973.

SB698,152 Section 152. 254.176 (2) (d) of the statutes is amended to read:

SB698,42,10 254.176 (2) (d) A person licensed, certified or registered under ch. 145 subch. VIII of ch. 101 who engages in activities that constitute lead hazard reduction, only to the extent that these activities are within the scope of his or her license, certification or registration.

SB698,153 Section 153. 281.17 (3) of the statutes is amended to read:

SB698,43,8 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification, except that the department may not require an individual who is eligible for the veterans fee waiver program under s. 45.44 to pay a fee. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.20 101.9934 (5). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

SB698,154 Section 154. 281.344 (8) (b) 3. of the statutes is amended to read:

SB698,43,12 281.344 (8) (b) 3. Water conservation and efficiency measures that the department of safety and professional services requires or authorizes to be implemented under chs. ch. 101 and 145.

SB698,155 Section 155. 281.346 (8) (b) 3. of the statutes is amended to read:

SB698,43,16 281.346 (8) (b) 3. Water conservation and efficiency measures that the department of safety and professional services requires or authorizes to be implemented under chs. ch. 101 and 145.

SB698,156 Section 156. 281.48 (2) (bm) of the statutes is amended to read:

SB698,43,19 281.48 (2) (bm) "Private on-site wastewater treatment system" has the meaning given in s. 145.01 101.9911 (12).

SB698,157 Section 157. 281.48 (5) (a) 4. of the statutes is amended to read:

SB698,43,23 281.48 (5) (a) 4. Violated any provisions of this section or any rule prescribed by the department or falsified information on inspection forms under s. 145.20 101.9934 (5).

SB698,158 Section 158. 281.48 (5m) (c) of the statutes is amended to read:

SB698,44,14 281.48 (5m) (c) The site criteria and disposal procedures in a county ordinance shall be identical to the corresponding portions of rules promulgated by the department under this section. The county shall require the person engaged in septage disposal to submit the results of a soil test conducted by a soil tester certified under s. 145.045 101.9915 and to obtain a site approval for each location where the person disposes of septage on land. The county shall maintain records of soil tests, site approvals, county inspections and enforcement actions under this subsection. A county may not require licensing or registration for any person or vehicle engaged in septage disposal. The county may establish a schedule of fees for site approvals under this paragraph if the department determines that the fees are no more than is necessary to fund the county program under this paragraph. The county may require a bond or other method of demonstrating the financial ability to comply with the septage disposal ordinance. The county shall provide for the enforcement of the septage disposal ordinance by penalties identical to those in s. 281.98.

SB698,159 Section 159. 281.59 (1m) (c) of the statutes is amended to read:

SB698,44,18 281.59 (1m) (c) There is established a private on-site wastewater treatment system replacement and rehabilitation loan program, administered under s. 145.245 101.9937 (12m).

SB698,160 Section 160. 281.75 (18) of the statutes is amended to read:

SB698,45,2 281.75 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 280 if the department finds that the licensee falsified information submitted under this section. The department of safety and professional services may suspend or revoke the license of a plumber licensed under ch. 145 subch. VIII of ch. 101 if the department of safety and professional services finds that the plumber falsified information submitted under this section.

SB698,161 Section 161. 321.60 (1) (a) 7. of the statutes is amended to read:

SB698,45,5 321.60 (1) (a) 7. A An occupational license, as defined in s. 101.02 (20) (a) (1) (a) 2.

SB698,162 Section 162. 321.60 (1) (a) 18. of the statutes is amended to read:

SB698,45,8 321.60 (1) (a) 18. A license, permit, certificate, or registration that is granted under chs. 440 to 480 credential, as defined in s. 440.01 (2) (a).

SB698,163 Section 163. 343.305 (6) (bm) of the statutes is amended to read:

SB698,45,17 343.305 (6) (bm) Any relevant instruction, as defined in s. 101.02 (24) (a) 1. 440.075 (1), that an applicant for an approval, certification, or permit under par. (b) has obtained in connection with any military service, as defined in s. 111.32 (12g), counts toward satisfying any requirement for instruction for an approval, certification, or permit under par. (b) if the applicant demonstrates to the satisfaction of the department of transportation that the instruction obtained by the applicant is substantially equivalent to the instruction required for the approval, certificate, or permit under par. (b).

SB698,164 Section 164. 440.03 (3m) of the statutes is amended to read:

SB698,45,20 440.03 (3m) The department may investigate complaints made against a person who has been issued a credential under chs. 440 to 480.

SB698,165 Section 165. 440.03 (7) of the statutes is amended to read:

SB698,46,2 440.03 (7) The department shall establish the style, content, and format of all credentials and of all forms for applying for any initial credential issued or renewed under chs. 440 to 480 or credential renewal. All forms shall include a place for the information required under sub. (11m) (a). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.