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(c)
1. The renewal of a license as a licensed elevator inspector shall be contingent upon the elevator inspector obtaining at least 24 hours of acceptable continuing education prior to the expiration date of the license as specified in s. SPS 305.08 and Table 305.06, except as provided in subd. 2.
2. A person who holds a license as a licensed elevator inspector may apply to the department for waiver of the continuing education requirements under subd. 1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
(d) The renewal of a license as an elevator inspector is contingent upon the person submitting evidence that the person holds a certification as an QEI elevator inspector.
(e) The renewal of a license as an elevator inspector shall be contingent upon the department’s review of the applicant’s criminal history record from the department of justice.
History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; r. and recr. (1), renum. (2) and (3) to be (3) and (2) and r. and recr. (2) and (4), cr. (6) (c), Register, January, 1998, No. 505, eff. 2-1-98; am. (5) (c), Register, March, 1998, No. 507, eff. 4-1-98; am. (1), (2) (intro.), (4) and (6) (c) 2., Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: r. and recr. (6) (c) 1. Register June 2004 No. 582, eff. 8-1-04; CR 07-089: r. and recr. Register June 2008 No. 630, eff. 7-1-08; correction in (1), (2) (a), (4) (b), (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-010: am. (2) (b), (3) (d), (4) (c) 1., (d) Register August 2014 No. 704, eff. 9-1-14.
SPS 305.66 POWTS inspectors.
(1) General. A person who holds a certification issued by the department as a certified POWTS inspector or a commercial plumbing inspector may inspect privately owned wastewater treatment systems, POWTS, for the purpose of administering and enforcing the provisions of chs. SPS 381 to 387, as an authorized representative of the department or a local governmental unit.
(2) Application for examination. A person applying to take a POWTS inspector certification examination shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
(3) Examination. Except as provided in sub. (4) (b), a person seeking to obtain a POWTS inspector certification shall take and pass an examination in accordance with s. SPS 305.09.
(4) Application for certification.
(a) Upon notification of the successful passage of the examination for a POWTS inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
(b) A person may apply for a certification as a certified POWTS inspector by submitting an application, an application fee and the certification fee in accordance with ss. SPS 305.01 and 305.02 and one of the following:
1. Evidence that the person holds a license as a master plumber issued under s. SPS 305.91.
2. Evidence that the person holds a license as a master plumber-restricted service issued under s. SPS 305.92.
3. Evidence that the person holds a license as a journeyman plumber issued under s. SPS 305.93.
4. Evidence that the person holds a license as a journeyman plumber-restricted service issued under s. SPS 305.94.
(5) Responsibilities. A person who inspects privately owned wastewater treatment systems as a certified POWTS inspector shall:
(a) Maintain a record of the inspections made including the dates and the findings of the inspections;
(b) Provide a copy of the inspection record to the privately owned wastewater treatment system owner or his or her agent; and
(c) Make available to the department upon request his or her inspection records.
(6) Renewal.
(a)
1. A person may renew his or her certification as a POWTS inspector.
2. A POWTS inspector certification shall be renewed in accordance with s. SPS 305.07.
(b)
1. The renewal of a certification as a certified POWTS inspector shall be contingent upon the inspector obtaining at least 24 hours of acceptable continuing education prior to the expiration date of the certification as specified in s. SPS 305.08 and Table 305.06, except as provided in subd. 2.
2. A person who holds a certification as a certified POWTS inspector may apply to the department for waiver of the continuing education requirements under subd. 1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (5) (c), (6) (a) 2., (b) 2., March, 1998, No. 507, eff. 4-1-98; am. (1) and (4), r. (6) (b), renum. (6) (c) to be (6) (b) and am., Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: am. (1) and (3), renum. (4) to be (4) (a), cr. (4) (b), r. and recr. (6) (b) 1. Register June 2004 No. 582, eff. 8-1-04; CR 08-110: r. and recr. (6) (b) 1. Register September 2009 No. 645, eff. 10-1-09; correction in (1), (2) (a), (b), (3), (4) (a), (b) (intro.), 1. to 4., (6) (a) 2., (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-010: am. (6) (b) 1. Register August 2014 No. 704, eff. 9-1-14.
SPS 305.68 Tank system inspectors.
(1) General. No person may inspect a tank system that is regulated under ch. ATCP 93, to administer and enforce ch. ATCP 93, unless the person holds a certification issued by the department of agriculture, trade and consumer protection or the department of safety and professional services as a certified tank system inspector.
(2) Application for examination. A person applying to take a tank system inspector certification examination shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
(3) Qualifications for examination. A person applying to take a tank system inspector certification examination shall have completed an approved educational course or training program that included at least 3 days of field exercises, within the 2 years immediately preceding the application.
(4) Examination. A person seeking to obtain a tank system inspector certification shall take and pass an examination in accordance with s. SPS 305.09.
(5) Application for certification. Upon notification of successfully passing the examination for a tank system inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
(6) Responsibilities. A person who inspects tank systems as a certified tank system inspector shall:
(a) Perform regulatory enforcement of related code requirements in chs. ATCP 93 and SPS 305.
(b) Issue non-compliance or violation-correction orders and conduct follow-up inspections as necessary to verify correction.
Note: Inspectors with authority granted by the local municipality may utilize the respective enforcement procedures as granted by the respective authority.
(c) Pursue failure to comply with correction orders through local or department enforcement referral procedures.
(d) Maintain a record of the inspections made including the dates and the findings of the inspections.
(e) Provide a copy of the inspection report to the owner of the tank system or his or her agent.
(f) Make available to the department upon request his or her tank system inspection records.
Note: Section 19.32 (2), Stats., considers a record to be material containing written or electromagnetic information. The department will consider computer records to be equivalent to written reports.
(7) Renewal.
(a)
1. A person may renew his or her certification as a tank system inspector.
2. A tank system inspector certification shall be renewed in accordance with s. SPS 305.07.
(b)
1. The renewal of a certification as a certified tank system inspector shall be contingent upon the inspector obtaining at least 12 hours of acceptable continuing education prior to the expiration date of the certification as specified in s. SPS 305.08 and Table 305.06, except as provided in subd. 2.
2. A person who holds a certification as a certified tank system inspector may apply to the department for waiver of the continuing education requirements under subd. 1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
Note: Authority over s. SPS 305.68 was transferred to the Department of Agriculture, Trade and Consumer Protection under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f).
History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (2) (b), r. and recr. (4) and (7) (a), Register, March, 1998, eff, 4-1-98; am. (1), (5) and (7) (b), Register, April, 2000, No. 532, eff. 5-1-00; CR 06-127: am. (1), (3) and (7) (b) 1., Register September 2007 No. 621, eff. 10-1-07; CR 11-020: renum. (6) (a) to (c) to be (d) to (f), cr. (6) (a) to (c), Register December 2011 No. 672, eff. 1-1-12; correction in (1), (2) (a), (b), (4), (5), (6) (a), (7) (a) 2., (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1), (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 14-010: am. (7) (b) 1. Register August 2014 No. 704, eff. 9-1-14.
Subchapter VII — Mechanical
SPS 305.70 HVAC contractors.
(1) General.
(a) Except as provided in par. (b), pursuant to s. 101.178 (2), Stats., no person, entity, or business may engage or offer to engage in installing or servicing heating, ventilating, or air conditioning equipment, unless the person, entity, or business holds a registration issued by the department as a registered HVAC contractor.
(b)
1. A person, entity, or business is not required to hold a registration as a registered HVAC contractor to service existing heating, ventilating, air conditioning, or refrigeration equipment within facilities or properties owned by the person, entity, or business.
2. A person, entity, or business is not required to hold a registration as a registered HVAC contractor to install or service heating, ventilating, air conditioning, or refrigeration equipment within a dwelling owned by the person, entity, or business and in which the person, entity, or business resides or will reside.
3. A person, entity, or business is not required to hold a registration as a registered HVAC contractor for electrical or plumbing work associated with the installation or servicing of the HVAC equipment or systems.
Note: Pursuant to federal regulations individuals who install or service HVAC equipment involving ozone-depleting refrigerants are required to hold a Type I, II, III, or Universal technician certification issued in accordance with section 608 of the federal Clean Air Act and title 40 CFR part 82, subpart F.
(2) Application for registration. A person applying for an HVAC contractor registration shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and a registration fee in accordance with s. SPS 305.02, Table 305.02.
(3) Qualifications for registration. The person applying for an HVAC contractor registration shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.
(4) Responsibilities. For any HVAC equipment installation that requires a uniform building permit under s. SPS 320.08, a person, entity or business which holds an HVAC contractor registration may not commence installation of HVAC equipment until a permit is issued for the installation.
Note: Chs. SPS 320 to 325 apply to one- and 2-family dwellings and manufactured dwellings. The department’s uniform building permit is issued either by the municipality in which the dwelling is located or by a UDC inspection agency where the municipality does not administer the Uniform Dwelling Code.
Note: Section 101.16 (4) (a), Stats., provides that: The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
(5) Renewal.
(a)
1. A person may renew his or her registration as an HVAC contractor.
2. An HVAC contractor registration shall be renewed in accordance with s. SPS 305.07.
(b) A person, entity or business upon expiration of their registration to handle ozone-depleting refrigerants may renew the registration as an HVAC contractor in accordance with s. SPS 305.07.
History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (b) 3., Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a), (b) 1., 2. and (2) (b), r. (1) (b) 3. and 4., Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: renum. (4) to be (5), cr. (4) Register June 2004 No. 582, eff. 8-1-04; CR 06-031: r. and recr. (1) Register October 2006 No. 610, eff. 11-1-06; CR 08-110: renum. (4) to be (4) (a), cr. (4) (b) Register September 2009 No. 645, eff. 10-1-09; correction in (2) (a), (b), (4) (a), (b), (5) (a) 2., (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-014: r. and recr. (1) Register September 2013 No. 693, eff. 10-1-13; CR 19-118: renum. (4) (a) to (4), r. (4) (b) Register May 2020 No. 773, eff. 6-1-20.
SPS 305.71 HVAC qualifiers.
(1) General.
(a) Pursuant to s. 101.178 (3), Stats., an individual may obtain in accordance with this section an HVAC qualifier certification from the department relative to the business of installing or servicing heating, ventilating or air conditioning equipment.
(b) A person or entity who utilizes a person who holds an HVAC qualifier certification under this section shall be deemed to be a certified HVAC business and pursuant to s. 101.178 (3) (c), Stats., may not be required to obtain a local certification, license or other approval in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment.
(2) Application for examination. A person applying to take HVAC qualifier certification examination shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
(3) Qualifications for examination. A person applying for an HVAC qualifier certification examination shall have completed:
(a) At least 1000 hours per year for at least 4 years of experience in supervising or performing the design, installation, servicing or maintenance of HVAC systems or equipment;
(b) At least 4 years of attendance in a school of mechanical engineering or in an accredited college, university, or technical, vocational or apprenticeship school in an HVAC-related program; or
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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.