Chapter NR 146

NR 146.02(4) (4) “Engage in the business of” includes advertising, bidding, contracting, preparing plans and specifications, supervising, performing, billing or receiving payment for water well drilling, heat exchange drilling [or] pump installing, filling and sealing or property transfer well inspection activities.

NR 146.02 Note Note: “Or” in brackets was inserted by CR 13-096, but should be replaced by a comma to accommodate the insertion by CR 13-099 of the material following. Future rulemaking will address any inconsistencies.

NR 146.02(4b) (4b) “Experience period” means the two or three years during which a water well drilling rig operator gained experience toward obtaining a water well drilling license.

NR 146.02(4c) (4c) “Filling and sealing” means to fill a well, drillhole, pit or reservoir with a material or materials so the well, drillhole, pit or reservoir will not act as a vertical conduit to contaminate another well, groundwater or an aquifer.

NR 146.02(4d) (4d) “Heat exchange drillhole” has the meaning specified in s. 280.01 (2b), Stats.

NR 146.02 Note Note: Section 280.01 (2b), Stats., defines “heat exchange drillhole” to mean “an excavation or opening in the ground that is deeper than it is wide, that extends more than 25 feet below the ground surface, and that is made for the purpose of installing a geothermal closed-loop heat exchange system.”

NR 146.02(4e) (4e) “Heat exchange drilling” has the meaning specified in s. 280.01 (2c), Stats.

NR 146.02 Note Note: Section 280.01 (2c), Stats., defines “heat exchange drilling” to mean “the industry and procedure employed in making heat exchange drillholes.”

NR 146.02(4f) (4f) “Heat exchange drilling rig operator” means an individual registered with the department to operate a drilling rig for the construction of heat exchange drillholes under the general or direct supervision of a licensed individual heat exchange driller.

NR 146.02(4g) (4g) “Heat exchange registrant” means a person registered to engage in the business of heat exchange in Wisconsin under the supervision of a licensed individual heat exchange driller.

NR 146.02(4h) (4h) “Licensed heat exchange driller” means an individual who has obtained a license pursuant to s. 280.15 (2m), Stats., and s. NR 146.04, as a heat exchange driller and has paid the annual license fee under s. 280.15 (2m) (c) 1., Stats.

NR 146.02(4j) (4j) “Licensed pump installer” means any individual who has obtained a license under s. 280.15 (2m), Stats., and s. NR 146.04, as a pump installer and has paid the annual license fee under s. 280.15 (2m) (c) 2., Stats.

NR 146.02(4k) (4k) “Licensed water well driller” means any individual who has obtained a license under s. 280.15 (2m), Stats., and s. NR 146.04, as a water well driller and has paid the annual license fee under s. 280.15 (2m) (c) 1., Stats.

NR 146.02(4L) (4L) “Person” means an individual, firm, business, corporation, limited liability corporation, company, association, cooperative, trust institution, partnership, state, public utility, municipality, or federal, state or interstate agency.

NR 146.02(4m) (4m) “Place of business or retail outlet” means every place for which a person would be required to have a seller’s permit from the department of revenue.

NR 146.02(4n) (4n) “Potable water” means water supplied for human consumption, or water supplied for sanitary use or for the washing or preparation of food or pharmaceutical products.

NR 146.02 Note Note: The term “water for human consumption” is used interchangeably with the term “potable water.”

NR 146.02(4p) (4p) “Property transfer well inspection” means an inspection, for compensation, for the purpose of locating or evaluating wells that need to be filled and sealed and water supply wells or pressure systems on real property in contemplation of a transfer of the real property.

NR 146.02(4r) (4r) “Property transfer well inspector” has the meaning specified in s. NR 812.07 (79t).

NR 146.02 Note Note: Section NR 812.07 (79t) defines “property transfer well inspector” as an individual authorized under s. NR 812.44 (1) to conduct a property transfer well inspection.

NR 146.02(4t) (4t) “Pump installation” means the pump and its associated pressure system including any equipment and material needed to withdraw, obtain, discharge and store water from a well or a spring. The pump installation includes the spring box, reservoir, pump, pump drop pipe, check valves, well cap or seal, pitless adapter, pitless receiver tank, pitless unit, above-ground discharge unit, associated discharge piping and associated connections, valves and appurtenances, pressure tank, sampling faucet, water storage or pressure vessel or structure, the electrical wiring and controls needed to operate the pump or pressure system, and any chemical addition, water treatment device or yard hydrant upstream of the water storage or pressure vessel or building control valve.

NR 146.02(4v) (4v) “Pump installer registrant” means a person registered to engage in the business of pump installing in Wisconsin under the supervision of a licensed individual pump installer.

NR 146.02(5) (5) “Pump installing” has the meaning specified in s. 280.01 (5), Stats., and includes installing, repairing, replacing or reinstalling a: spring box, reservoir, pump, pump drop pipe, check valve, well cap or seal, pitless adapter, pitless receiver tank, pitless unit, above-ground discharge unit, associated discharge piping and associated connections, valves and appurtenances, pressure tank, sampling faucet, water storage or pressure vessel or structure, the electrical wiring and controls needed to operate a pump or pressure system, and any chemical addition, water treatment device or yard hydrant upstream of the water storage or pressure vessel or building control valve; attaching well casing pipe to extend the well casing pipe to a complying height above grade, or up and out of a pit or a subsurface pumproom or alcove; or bailing or chemically conditioning a well to return it to its original capacity, production capability or water quality. Pump installing does not include installation of a temporary test pump by a water well driller for the purpose of determining well capacity or water quality and does not include the installation, by a well driller, of a well cap or seal. Opening a well cap or well seal to inspect or chlorinate a well is not considered pump installing unless the well cap or seal is replaced with a different cap or seal, or unless the well has a hand pump installed on it.

NR 146.02 Note Note: Section 280.01 (5), Stats., defines “Pump installing” to mean the industry and procedure employed in the placement and preparation for operation of equipment and materials utilized in withdrawing or obtaining water from a well for consumption or use, including all construction involved in making entrance to the well and establishing such seals and safeguards as are necessary to protect such water from contamination.

NR 146.02(6) (6) “Registrant” means a person, firm, corporation, or partnership registered to engage in the business of well drilling or pump installing in Wisconsin.

NR 146.02(7) (7) “Regulation” means the laws, rules, and conditions under which any registration, license or variance is issued or plans and specifications are approved by the department.

NR 146.02(7g) (7g) “Under the supervision” means employed by a licensed individual or by a registered person, employing or contracting with a licensed supervisory individual, who is legally and financially responsible for compliance with all applicable laws and rules and any plans, specifications, variances and approvals approved by the department, and who has advance and specific knowledge of water well drilling, heat exchange drilling, pump installing, or well filling and sealing activities.

NR 146.02(7r) (7r) “Water well drilling rig operator” means an individual registered with the department to operate a drilling rig to construct potable wells under the general or direct supervision of a licensed individual water well driller.

NR 146.02(8) (8) “Water system” means the water supply, storage, treatment facilities and all structures and piping by which water is provided.

NR 146.02(9) (9) “Well” has the meaning specified in s. 280.01 (6), Stats.

NR 146.02 Note Note: Section 280.01 (6), Stats., defines “well” to mean an excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for human consumption.

NR 146.02(9g) (9g) “Well and pressure system” means the water supply and pump installation upstream of a building control valve or pressure tank and including any pressure tank.

NR 146.02(9r) (9r) “Well driller registrant” means a person registered to engage in the business of water well drilling in Wisconsin under the supervision of a licensed individual water well driller.

NR 146.02(10) (10) “Well drilling” has the meaning specified in s. 280.01 (8), Stats., and includes any activity which requires the use of a well drilling rig or similar equipment; or any activity which is conducted using a well drilling rig or similar equipment with the exception of the driving of points having pipe and casing smaller than three inches in diameter. Well drilling also includes constructing a well or performing any activity which changes the characteristics of a drilled well including constructing, reconstructing or deepening a well, sealing the annular space of a well, joining or welding together lengths of well casing pipe or liner pipe, installation of a liner, installing or replacing a screen, well rehabilitation, hydrofracturing, blasting and chemical conditioning.

NR 146.02 Note Note: Section 280.01 (8), Stats., defines “Well drilling” to mean the industry and procedure employed in obtaining groundwater from a well by digging, boring, drilling, driving or other methods but not including the driving of points for the purpose of obtaining ground water. It shall also include all construction work and installation of well casings in said well involved therein for the protection of such well water against pollution.

NR 146.02 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; corrections in (5), (9), and (10) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register February 2012, No. 674; CR 13-096: renum. (1) to (1s), cr. (1g), am. (3), (4), cr. (4d) to (4h), (7g), CR 13-099: renum. (1) to (1s), cr. (1e), (1g), am. (3), cr. (3m), am. (4), cr. (4b) to (4v), r. and recr. (5), am. (7), cr. (7g), (7r), am. (9), cr. (9g), (9r), am. (10) Register September 2014 No. 705, eff. 10-1-14; correction in numbering in (1s), (4b) to (4m), and (7g) made under s. 13.92 (4) (b) 1., Stats., Register September 2014 No. 705; 2015 Wis. Act 197 ss. 33, 34 Register April 2016 No. 724; CR 18-095: r. and recr. (4r) Register June 2020 No. 774, eff. 7-1-20.

NR 146.03 NR 146.03 License or registration.

NR 146.03(1) (1) Required. No individual or person may engage in the business of water well drilling, heat exchange drilling, pump installing or filling and sealing, or property transfer well inspections, or hold himself, herself or itself out as or act temporarily or otherwise as a water well driller, heat exchange driller, or pump installer or well or drillhole filler and sealer, or property transfer well inspector in the state of Wisconsin without first obtaining either a water well driller, heat exchange driller, or pump installer license or a water well driller, heat exchange driller, or pump installer registration from the department.

NR 146.03(2) (2) Exceptions.

NR 146.03(2)(a) (a) A Wisconsin individual water well driller license is not required for any of the following:

NR 146.03(2)(a)1. 1. An individual performing water well drilling on real estate owned or leased by that individual, but the well and the work done on the well shall comply with the applicable laws and rules and with any plans, specifications, variances and approvals approved by the department.

NR 146.03(2)(a)2. 2. Competent sanitary engineers preparing plans and specifications or supervising the installation of water wells by a licensed individual water well driller or a registered water well drilling business for which the engineer prepared plans and specifications.

NR 146.03(2)(a)3. 3. Superintendents of waterworks systems preparing plans and specifications or supervising the installation of water wells by a licensed individual water well driller or a registered well drilling business, for which the superintendent is responsible.

NR 146.03(2)(a)4. 4. An individual who is employed by a licensed individual water well driller.

NR 146.03(2)(a)5. 5. An individual who is employed by a person that is registered as a business to perform water well drilling.

NR 146.03(2)(a)6. 6. An individual constructing nonpotable water supply wells.

NR 146.03(2)(b) (b) A Wisconsin water well driller business registration is not required for any of the following:

NR 146.03(2)(b)1. 1. An individual who is a licensed water well driller who does not operate as corporation, partnership or LLC.

NR 146.03(2)(b)2. 2. An individual performing water well drilling on real estate owned or leased by that individual, but the well and the work done on the well shall comply with the applicable laws and rules and with any plans, specifications, variances and approvals approved by the department.

NR 146.03(2)(b)3. 3. Competent sanitary engineers preparing plans and specifications or supervising the installation of water wells by a licensed individual water well driller or a registered water well drilling business for which the engineer prepared plans and specifications.

NR 146.03(2)(b)4. 4. Superintendents of waterworks systems preparing plans and specifications or supervising the installation of wells by a licensed individual water well driller or a registered well drilling business, for which the superintendent is responsible.

NR 146.03(2)(b)5. 5. An individual who is employed by a licensed individual water well driller.

NR 146.03(2)(b)6. 6. An individual who is employed by a person that is registered as a business to perform water well drilling.

NR 146.03(2)(b)7. 7. A person constructing nonpotable water supply wells.

NR 146.03(2)(c) (c) A Wisconsin individual pump installer license is not required for any of the following:

NR 146.03(2)(c)1. 1. Competent sanitary engineers preparing plans and specifications or supervising the installation of water systems by a licensed individual pump installer or registered pump installing business, for which the engineer prepared plans and specifications.

NR 146.03(2)(c)2. 2. Superintendents of waterworks systems preparing plans and specifications or supervising the installation of water systems by a licensed individual pump installer or registered pump installing business, for which the superintendent is responsible.

NR 146.03(2)(c)3. 3. An individual who is employed by a licensed individual pump installer.

NR 146.03(2)(c)4. 4. An individual who is employed by a person that is registered as a business to perform pump installing.

NR 146.03(2)(c)5. 5. A person installing pumps in nonpotable water supply wells.

NR 146.03(2)(c)6. 6. A welder installing a welded pitless adapter or pitless unit under contract with or employed by a licensed individual pump installer or registered pump installing business.

NR 146.03(2)(d) (d) A Wisconsin pump installer business registration is not required for any of the following:

NR 146.03(2)(d)1. 1. An individual who is a licensed pump installer who does not operate as corporation, partnership or LLC.

NR 146.03(2)(d)2. 2. Competent sanitary engineers preparing plans and specifications or supervising the installation of water systems by a licensed individual pump installer or registered pump installing business, for which the engineer prepared plans and specifications.

NR 146.03(2)(d)3. 3. Superintendents of waterworks systems preparing plans and specifications or supervising the installation of water systems by a licensed individual pump installer or registered pump installing business, for which the superintendent is responsible.

NR 146.03(2)(d)4. 4. An individual who is employed by a licensed individual pump installer.

NR 146.03(2)(d)5. 5. An individual who is employed by a person that is registered as a business to perform pump installing.

NR 146.03(2)(d)6. 6. A person installing pumps in nonpotable water supply wells.

NR 146.03(2)(d)7. 7. A welder installing a welded pitless adapter or pitless unit under contract with or employed by a licensed individual pump installer or registered pump installing business.

NR 146.03(2)(e) (e) A pump installer license or registration is not required for a licensed water well driller or registered water well drilling business if the licensed well driller or the employee of a registered water well drilling business installs a temporary test pump for the purpose of determining well capacity or water quality or installs or replaces a well cap or seal.

NR 146.03(2m) (2m) Exceptions for heat exchange licensing and registration.

NR 146.03(2m)(a) (a) A Wisconsin individual heat exchange driller license is not required for any of the following:

NR 146.03(2m)(a)1. 1. An individual performing heat exchange drilling on real estate owned or leased by that individual, but the heat exchange work shall comply with the applicable laws and rules and with any plans, specifications, variances and approvals approved by the department.

NR 146.03(2m)(a)2. 2. An individual who is employed by a licensed individual heat exchange driller.

NR 146.03(2m)(a)3. 3. An individual who is employed by a person that is registered as a business to perform heat exchange drilling.

NR 146.03(2m)(b) (b) A Wisconsin water well driller business registration is not required for any of the following:

NR 146.03(2m)(b)1. 1. An individual who is a licensed heat exchange driller who does not operate as a corporation, partnership or LLC.

NR 146.03(2m)(b)2. 2. An individual performing heat exchange drilling on real estate owned or leased by that individual, but the well and the work done on the well shall comply with the applicable laws and rules and with any plans, specifications, variances and approvals approved by the department.

NR 146.03(2m)(b)3. 3. An individual who is employed by a licensed individual water well driller.

NR 146.03(2m)(b)4. 4. An individual who is employed by a person that is registered as a business to perform heat exchange drilling.

NR 146.03(3) (3) Performance standards. All water well drilling, heat exchange drilling, pump installing, filling and sealing and property transfer well inspections shall comply with the applicable laws and rules and with any plans, specifications, variances, and approvals approved by the department.

NR 146.03(4) (4) Expiration. All licenses and registrations expire on December 31 and are not transferable.

NR 146.03 History History: Cr. Register, December, 1988, No. 396, eff. 1-1-89; CR 13-096: am. (title), (1), cr. (2m), am. (3), CR 13-099: am. (title), (1), r. and recr. (2), am. (3), cr. (4) Register September 2014 No. 705, eff. 10-1-14; s. 35.17 correction in (1) and (3) Register September 2014 No. 705; 2015 Wis. Act 197 s. 35 Register April 2016 No. 724.

NR 146.04 NR 146.04 Initial applications for licenses or registrations.

NR 146.04(1) (1) General requirements.

NR 146.04(1)(a) (a) All new license and registration applications shall be submitted on forms specified by the department for this purpose. An applicant for a water well drilling rig operator registration shall be at least 18 years old. An applicant for an individual water well driller license shall be at least 20 years old. An applicant for a heat exchange drilling rig operator registration shall be at least 18 years old. An applicant for an individual heat exchange driller license shall be at least 20 years old.

NR 146.04 Note Note: Pursuant to 29CFR 570.58 and Hazardous Occupations Order #7, persons under the age of eighteen are not lawfully permitted to operate a power-driven hoisting apparatus.

NR 146.04 Note Note: Specified application forms will require on-line submittal after development of necessary information technology and training during continuing education.

NR 146.04(1)(b) (b) All information on an application shall be complete, true and accurate. The department may request an applicant to provide proof of any information submitted on the application.