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 establish 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.
Comparison with rules in adjacent states:
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.
Cities, villages, or incorporated towns with a population of 500,000 or more may, by an ordinance containing provisions substantially the same as those in the Illinois Plumbing License Law and specifying educational or experience requirements equivalent to those prescribed in the Illinois Plumbing License Law, provide for a board of plumbing examiners to conduct examinations for, and to issue, suspend, or revoke, plumbers' licenses, within such city, village or incorporated town. (77 Ill. Admin Code 890).
Iowa:
The Iowa Plumbing Code is administered by the Iowa Department of Public Health (IDPH). Iowa currently adopts the 2021 edition of the Uniform Plumbing Code (UPC), with amendments. (IAC 641—25.1(105)). Iowa law requires the Iowa Plumbing and Mechanical Systems Board to adopt the most current version of the UPC within six months of its release as the state’s plumbing code to govern the installation of plumbing in the state. Local jurisdictions are not required to adopt by ordinance the state plumbing code but a local jurisdiction that adopts the state plumbing code may adopt standards that are more restrictive. Local jurisdictions are not required to conduct inspections or take any other enforcement action under the state plumbing code regardless of whether they adopt the state plumbing code. A city may set standards and requirements which are more stringent, but not less stringent, than those imposed by state law.
The Iowa Plumbing and Mechanical Systems board performs investigations and administers and enforces Iowa law regarding the licensing and regulation of plumbers, mechanical professionals, and contractors. Anyone working in these disciplines in the state of Iowa is required to be licensed with the board with the exception of an enumerated list of activities found in IAC s. 105.11, primarily consisting of individuals performing specific work on their own home, professionals engaged in related trades, and government employees working on government facilities.
Michigan:
The Plumbing Division of the Michigan Department of Licensing and Regulatory Affairs (LARA) is responsible for the administration and enforcement of the Michigan Plumbing Code and the plumbing provisions of the Michigan Residential Code by conducting inspections of plumbing equipment and installations. Michigan’s plumbing code establishes minimum standards and currently adopts the 2018 edition of the International Plumbing Code. (Mich. Admin. Code R408.30701). Michigan licenses plumbing apprentices, journey plumbers, master plumbers, plumbing contractors, and plumbing inspectors. Michigan law creates a state plumbing board consisting of the director of the department of licensing and regulatory affairs or his or her authorized representative, the director of the department of environmental quality or his or her authorized representative, a member or employee of the drinking water and radiologic protection division of the department of environmental quality, selected by the director of the department of environmental quality, and five members who are appointed by the governor for 3-year terms and who are United States citizens and residents of the state. The board recommends to the state construction code commission the promulgation of rules the board considers necessary for the safe design, construction, installation, alteration, and inspection of plumbing. The board may also recommend acceptability under the state construction code for a material, product, method of manufacturing, or method of construction or installation of plumbing equipment. (See Mich. Stats. s. 339.6101 to 339.6133).
Minnesota:
The 2020 Minnesota Plumbing Code is administered and enforced statewide by the commissioner of the Minnesota Department of Labor and Industry and incorporates the 2018 edition of the Uniform Plumbing Code, with amendments. (MN Admin Code 4714.0050). The state plumbing code is a section of the Minnesota State Building Code. The plumbing code establishes minimum requirements and applies to all new plumbing installations performed anywhere in the state, including additions, extensions, alterations, and replacements, unless an agreement exists between the commissioner and the municipality. The state may enter into agreements with local municipalities for plan approval and inspections if the municipality adopts the state plumbing code by ordinance. Governmental units may not adopt regulations that are in conflict with the code. The 14-member Minnesota State Plumbing Board, of which 12 members are appointed by the governor, has the authority to license plumbing contractors and restricted plumbing contractors, master plumbers and restricted master plumbers, and journeyworker plumbers and restricted journeyworker plumbers. Registered plumber’s apprentice and registered unlicensed plumbers are allowed to assist in the installation of plumbing under the direct supervision of one of the other categories of licensed plumbers.
Summary of factual data and analytical methodologies:
This proposed rule was developed in consultation with the Plumbing Code Advisory Committee. The committee consists of seven individuals appointed by the DSPS Secretary under the authority of ss. 227.13 and 440.042 (1), Stats. The purpose of the Plumbing Code Advisory Committee is to consult with and advise the Department on plumbing standards as set forth in Wis. Admin. Code chs. SPS 381 to 387. The committee has advisory powers only.
Beginning in December 2020, the Plumbing Code Advisory Committee held several meetings to comprehensively review proposals presented by the Department’s Division of Industry Services Plumbing Section, committee members, stakeholders, and the public.
The committee and the Department also analyzed changes in updated versions of the technical standards incorporated by reference in the rule, while also being cognizant of costs associated with any added requirements and plumbing requirements in surrounding states. The proposed rules reflect recommendations based on these analyses and also include several proposed changes that permit flexibility for the design, construction, and installation of plumbing systems. Standards incorporated by reference in the proposed rule have been submitted to the Attorney General and approved pursuant to s. 227.21 (2), Stats. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rule was posted for a period of 60 days to solicit public comment on economic impact, including how the proposed rule may affect business, local government units, and individuals. No comments relating to Economic Impact were received.
The Department evaluated whether the rules would have an environmental impact and concluded that the rules do not result in any possible significant, adverse environmental or social impacts. Therefore, preparation of an environmental assessment or environmental impact statement under s. 1.11, Stats., was not necessary. The Department completed an evaluation of the potential impact on housing under s. 227.115, Stats., and concluded the rules do not impact housing.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on small business:
These proposed rules may have an economic impact on small businesses, as defined in s. 227.114 (1), Stats., and were submitted to the Small Business Regulatory Review Board for a determination on whether the rules will have a significant economic impact on a substantial number of small businesses. No report was received. The Department’s Regulatory Review Coordinator may be contacted by email at Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-2112. Agency contact person:
Joseph Ricker, Attorney, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708 - 8366; telephone 608-267-2242; email at DSPSAdminRules@wisconsin.gov. ----------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. SPS 302.61 (2) is amended to read:
SPS 302.61 (2) The fee for revisions to previously approved plumbing and private sewage plans shall be $85.00 for the first hour and $80.00 per hour thereafter per plan. This fee shall apply when plans are revised for reasons other than those which were requested by the department.
Section 2. SPS 305.003 (2m) is created to read:
SPS 305.003 (2m) “ASSE” means American society of sanitary engineering.
Section 3. SPS 305.003 (72) (Note) is repealed.
