Section 101.63 (2), Stats. – (in part) “Adopt rules for the certification, including provisions for suspension and revocation thereof, of inspectors for the purpose of inspecting building construction, electrical wiring, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10), of one− and 2−family dwellings under sub. (1).” Section 101.73 (2), Stats. – “Adopt rules for the examination of plans and specifications and for periodic in-plant and on-site inspections of manufacturing facilities, processes, fabrication, assembly and installation of modular homes to ensure that examinations and inspections are made in compliance with the rules adopted for construction, electrical wiring, heating, ventilating, air conditioning and other systems under ss. 101.70 to 101.77 and with the rules for indoor plumbing adopted by the department under ch. 145.” Section 145.02 (1), Stats. – “The construction, installation and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe, sanitary and such as to safeguard the public health and the waters of the state.” Section 145.02 (2) (a), Stats. – (in part) “The department shall have general supervision of all plumbing described under sub. (1). The department shall promulgate rules that shall uniformly apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision. The rules promulgated by the department shall constitute the state plumbing code. The state plumbing code shall comply with ch. 160….” Section 145.02 (3)(g) and (h), Stats. – “The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. It may, among other things: (g) By rule, fix fees for the examination and approval of plans of plumbing systems and collect the same.
(h) Promulgate rules concerning the testing of cross-connection control devices, including rules identifying the types of cross-connection control devices that may be tested only by a registered cross-connection control tester and the circumstances under which cross-connection control devices shall be tested.”
Section 145.02 (4) (a), Stats. – (in part) “The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners….” Section 145.02 (4) (b), Stats. – “The department may promulgate rules for the qualification and registration of cross-connection control testers.” Section 227.11 (2)(a), Stats., authorizes the department to “promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute.” Related statute or rule:
Chapter 160, Stats., Groundwater Protection Standards, provides guidelines and procedures for the exercise of regulatory authority for the enforcement standards and preventive action limits for substances in ground water, which is established elsewhere in the statutes and does not create independent regulatory authority. Section 160.001 (7), Stats., reads (in part) that a regulatory agency may take any actions within the context of regulatory programs established in statutes outside of this chapter, if those actions are necessary to protect public health and welfare or prevent a significant damaging effect on groundwater or surface water quality for present or future consumptive or nonconsumptive uses, whether or not an enforcement standard and preventive action limit for a substance has been adopted under this chapter. Chapter NR 113 contains rules relating to servicing septic or holding tanks, pumping chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies, or portable restrooms. Chapter NR 114 contains rules relating to certification requirements for waterworks, wastewater treatment plant, septage servicing and water system operators. Chapter NR 121 contains rules relating to areawide water quality management plans. Chapter NR 140 contains rules relating to groundwater quality and lists regulated water contaminants. Chapter NR 809 contains rules relating to safe drinking water and lists regulated water contaminants. Chapter NR 810 contains rules relating to requirements for the operation and maintenance of public water systems. Chapter NR 811 contains rules relating to requirements for the operation and design of community water systems. Chapter NR 812 contains rules relating to well construction and pump installation. DNR Conservation Technical Standard 1002 contains standards for site evaluation for stormwater infiltration and bioretention.
DNR Conservation Technical Standard 1004 contains standards for bioretention for stormwater infiltration systems.
Chapter SPS 316 contains the Wisconsin Electrical Code. Chapters SPS 361 to 366 contain the Wisconsin Commercial Building Code. Plain language analysis:
Chapters SPS 381 to 387, referred to collectively as the “Wisconsin Plumbing Code”, apply uniformly to the design, construction, installation, supervision, maintenance, and inspection of plumbing, including POWTS, sanitary and storm drainage, water supplies, wastewater treatment, dispersal, or discharge for buildings, as well as plumbing products. The plumbing code is uniform in application, meaning municipalities may not enact ordinances that are more stringent, except as specifically permitted. The primary focus of this rulemaking is to perform a comprehensive update of the Wisconsin Plumbing Code. These administrative rule revisions update Wisconsin’s plumbing regulations to allow Wisconsin to continue to ensure Wisconsin’s buildings are safe and sanitary. Wisconsin’s plumbing regulations were last comprehensively updated in 2018.
Pursuant to s. 145.02, Stats., the purpose of the plumbing code is to provide that all plumbing in connection with buildings and facilities in the state, including buildings owned by the state or any political subdivision shall be safe and sanitary as to safeguard the public health and the waters of the state. While Wisconsin does not adopt a nationally recognized model plumbing code, the proposed rule incorporates several nationally recognized technical standards, most of which are also incorporated in the model plumbing codes. This rulemaking updates technical standards, either incorporated by reference or permitted for use, to align Wisconsin’s rules with national standards and best practices for safe plumbing systems.
Summary of, and comparison with, existing or proposed federal regulation:
There are several existing federal regulations that relate to plumbing. Some of these regulations require compliance with specific editions of the International Plumbing Code (IPC), a national model code developed by the International Code Council (ICC), and the Uniform Plumbing Code (UPC), a national model code developed by the International Association of Plumbing and Mechanical Officials (IAPMO). A search of the United States Code (USC) found the following existing federal rules that impact plumbing:
33 USC § 1342 - National Pollutant Discharge Elimination System (NPDES). This law established Phase I of the storm water program in 1990. Nine years later, Phase II of the program was signed into law and requires smaller communities to develop and implement a comprehensive storm water management program.
42 USC Chapter 6A, Subchapter XII (§§ 300f-300j) – Safety of Public Water Systems. This law establishes standards for and enforcement to protect the public drinking water supply. The “Safe Drinking Water Act (SDWA)” was originally passed by Congress in 1974. This law regulates plumbing for the purpose of protecting the public drinking water supply. Under this law, the Environmental Protection Agency (EPA) sets national health-based standards to protect against contaminants that may be found in public drinking water. EPA sets enforceable maximum contaminant levels for public drinking water, establishes required ways to treat water to remove contaminants and includes requirements for water systems to test for contaminants that may adversely affect public health. The EPA also evaluates risks from several specific contaminants, including microbial contaminants, such as Legionella and Cryptosporidium. 42 USC § 300g-1 - National Primary Drinking Water. This law established primary drinking water regulations pursuant to section 1412 of the Public Health Service Act, as amended by the Safe Drinking Water Act. Regulated by the EPA, the regulations are applicable to public water systems. Subpart I establishes monitoring requirements for lead and copper in tap water.
42 USC § 300g-6, Section 1417 - The Reduction of Lead in Drinking Water Act. This federal law amends the Safe Drinking Water Act (SDWA) and sets new, lower standards for the amount of lead permissible in plumbing products that come into contact with potable water. The U.S. Environmental Protection Agency (EPA) has primary responsibility for interpreting the SDWA with individual states using health or plumbing codes or other standards consistent with the SDWA and EPA regulations to enforce those standards. The law prohibits use lead in pipes, fittings, or fixtures, in any public water system or facility providing water for human consumption and reduces the permissible levels of lead in the wetted surfaces of pipes, pipe fittings, plumbing fittings and fixtures to a weighted average of not more than 0.25%.
42 USC § 300j-24 - Lead contamination in School Drinking Water. This law provides federal guidance on how to decrease or eliminate lead contamination in school drinking water. It requires each state to develop a testing program to remedy lead contamination.
21 CFR § 211.48 - Plumbing. The Food and Drug Administration sets current good manufacturing practice for finished pharmaceuticals. This section establishes standards for plumbing in buildings and facilities that manufacture pharmaceuticals and requires portable water to be supplied in a plumbing system free of defects that could contribute contamination to any drug products. Potable water is required to meet the standards prescribed in the EPA’s Primary Drinking Water Regulations under 40 CFR 141. 24 CFR § 3280.601 - Plumbing Fixtures. Subpart G of this standard covers the plumbing materials, fixtures, and equipment installed within or on manufactured homes. 30 CFR § 71.402 - Minimum requirements for bathing facilities, change rooms, and sanitary flush toilet facilities. This section was established by the Department of Labor to protect miner’s safety and health. 40 CFR § 141 - Primary Drinking Water Regulations. This part establishes primary drinking water regulations pursuant to section 1412 of the Public Health Service Act, as amended by the Safe Drinking Water Act, and related regulations applicable to public water systems. These regulations set maximum levels for contaminants in drinking water.
10 CFR § 430.31-35 - Energy and Water Conservation Standards. The Energy Policy and Conservation Act (EPCA), as amended, requires the Department of Energy to administer an energy and water conservation program for consumer products consisting of certain major household appliances and commercial equipment, including certain plumbing products. Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
N/A.
Illinois:
The Illinois Plumbing Code is administered by the Illinois Department of Public Health (IDPH). The IDPH licenses plumbers, plumbing contractors, plumbers’ apprentices, irrigation contractors and retired plumbers other than those regulated by a local ordinance under the Illinois Plumbing License Law. All persons engaged in plumbing must comply with the minimum code of standards for plumbing and the fixtures, materials, design, and installation methods of plumbing systems. The Plumbing Code Advisory Council, whose members are appointed by the state’s governor, consults with and advises the IDPH.
