Rule-making notices
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.14 (4m) and 227.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to Uniform State Plumbing Code, chs. Comm 81 to 87.
The public hearing(s) will be held as follows:
Date and Time:
Wednesday, May 19, 2004 at 9:30 a.m.
TG Thompson Commerce Bldg., Conf. Rm. 3C
201 W. Washington Ave.
Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 4, 2004, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing or to the following. Individual:
Jean M. MacCubbin, Department of Commerce
Safety & Buildings Division
P.O. Box 2689
Madison, WI 53701-2689
Analysis Prepared by the Department of Commerce
Statutory authority: Sections 101.19 (1) (a), 101.63 (1), 101.73 (2), 145.02 (2), and 167, Stats.
Statutes interpreted:   Sections 145.02 (2) and (3), and 145.13, Stats.
Under section 145.02, Stats., the Department of Commerce has the responsibility of safeguarding public health and the waters of the state relative to the construction, installation and maintenance of plumbing. Additional authority has been granted to allow Commerce to establish fees, set inspection and construction standards and adopt rules to provide for public health, safety and welfare. To fulfill this responsibility the Department has promulgated the state uniform plumbing code, chapters Comm 81 to 87.
The Federal Clean Water Act requires all states to ensure that the nation's waters meet their fishable/swimable designation. In response, Wisconsin's DNR has established performance standards for urban stormwater runoff in chapter NR 151. The proposed revisions to chapter Comm 82 (specifically Comm 82.36 and 82.365) contain options for the designs of plumbing systems so as to aid citizens in their compliance with NR 151. The NR 151 provisions will become effective October 1, 2004.
State stormwater discharge permit rules, under chapter NR 216, have been updated to respond to EPA Phase II stormwater regulations, 40 CFR part 122.26(d). NR 216 also serves as the implementation vehicle for the NR 151 performance standards. Phase II regulates disturbed areas of 1 acre or more. The Federal construction site regulation for such sites requires the creation of a post construction stormwater management plan and implementation of that plan. Revisions to NR 216 require that these post construction stormwater management plans meet or exceed the performance standards set by NR 151. Most of the commercial construction sites under Commerce authority will be affected by those DNR rules.
A comparison of the four surrounding states found the following. Both Iowa and Michigan have adopted national model codes. Iowa has adopted the Uniform Plumbing Code (UPC) and Michigan has adopted the International Plumbing Code (IPC). Minnesota's code is a state written uniform code and Illinois has a state written uniform plumbing code with exceptions for cities that existed prior to Illinois statehood.
The IPC, UPC and Minnesota's code require that all roofs, paved areas, yards, courts and courtyards drain into a separate storm sewer system, or a combined sewer system, or to an approved place of disposal. The “approved place of disposal" is defined as being approved by the authority having jurisdiction. Because of the flexibility of this requirement, a local authority in Iowa, Michigan, Minnesota or one of the cities adopting a national model plumbing code could allow subsurface infiltration. Illinois' code addresses piping materials for stormwater, not the acceptable discharge points, leaving the place of disposal unregulated at the state level.
The most significant difference in other state's codes and this proposal is the recognition and regulation of subsurface storm infiltration systems as viable means of managing stormwater. The subsurface infiltration requirements proposed for Wisconsin are based, in part on experience with Wisconsin private onsite wastewater treatment plumbing systems and knowledge acquired from other states (Maryland and Oregon) where stormwater infiltration has been an accepted practice.
The proposed revisions include minor changes to chapter Comm 2 related to fees for two products (commercial water vending or dispensing machines, and exterior grease interceptors) to be consistent with chapter Comm 84 product review requirements.
Chapter Comm 81; Revisions to chapter Comm 81 include definitions relating to stormwater and clearwater plumbing systems.
Chapter Comm 82; A number of additions and revisions are proposed for chapter Comm 82, relating to the design, construction, installation, supervision and inspection of plumbing.
A summary of the significant rule revisions in chapter Comm 82 is as follows:
1. Tables 82.20-1 and 82.20-2 are being amended to include submittals specific to use of the stormwater and reuse of clearwater, and stormwater plumbing conveyance, detention and infiltration systems.
2. Section Comm 82.36 is being repealed and recreated to reflect new options for the design, installation and maintenance of piping, devices and appurtenances in connection with stormwater and clearwater plumbing systems. Proposed changes in this section are as follows:
Options are allowed for designers to use tables, equations and computer models to comply with the performance requirements stated in the revisions.
Options are permitted for calculating the inputs to the plumbing system.
Requirements for calculating runoff volumes are created.
Tables Comm 82.36-1 to 82.36-4 have been revised for use with both horizontal and vertical piping and expressed in gallons per minute by pipe material and construction.
Detention on parking lots is limited to 6 inches in depth, except where prohibited by local ordinance.
The requirement for insulating stormwater piping is clarified so that only stormwater sewers affected by freezing and clearwater sewers require insulation.
The addition of language to allow pressurized discharges into stormwater piping under certain circumstances.
The addition of requirements for grates on stormwater horizontal piping inlets.
Operation and maintenance requirements are proposed for stormwater systems.
3. Section Comm 82.365 is created to address stormwater and clearwater infiltration systems. Proposed requirements are as follows.
Requirements for site and soil evaluation are added as a requirement for stormwater and clearwater infiltration systems.
Soil treatment volume limits are established by creating a new Table 82.365-1, and hydraulic application rates are assigned by the creation of Table 82.365-2.
Requirements are provided for groundwater mounding assessments for infiltration components with a width of more than 15 feet and depth to groundwater of more than 15 feet.
A requirement that dry detention systems must be designed to drain within 24 hours of a storm event.
4. Table Comm 82.70-1, plumbing treatment standards, is amended to prohibit the irrigation of food crops with plumbing system reuse water and to create a performance requirement for cyst and oocyst reduction for possible human contact water such as car washing and toilet and urinal flushing.
Chapter Comm 84; Section Comm 84.30 (6) is amended to recognize infiltration components allowed for use in designing stormwater infiltration systems. An additional paragraph recognizes synthetic aggregate for POWTS and stormwater infiltration systems.
The proposed rule revisions were developed with the assistance of the Plumbing Advisory Code Council.
Name   Representing
Thomas Boehnen-American Society of Plumbing
Rudy Petrowitsch-American Society of Sanitary Engineers
Jack Ellinger/Alex Newirth/Louie Pody-State AFL-CIO
Gary Kowalke-Plumbing contractors
Mark Krowski-City of Milwaukee, Plumbing Inspection
Jeff Kuhn-Plumbing & Mechanical Contractors of SE WI
Clint McCullough-Madison Contractors Association
Bob Netzler/Art Biesek-League of Wisconsin Municipalities
Joe Zoulek-WI Association of Plumbing, Heating, & Cooling Contractors, Inc.
Dave Viola-Plumbing Manufacturers Institute
Dale Schlieve-WI Society of Professional Designers of
Engineering Systems, Inc.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.