SPS 305.003 Note
Note: Under s.
101.91 (12), Stats., “used manufactured home" means a manufactured home that has previously been occupied, used or sold for personal or business use.
SPS 305.003 Note
Note: Under s.
SPS 381.01 (282) “water service" means that portion of a water supply system from the water main or private water supply to the building control valve.
SPS 305.003 Note
Note: Under s.
SPS 381.01 (284) “water supply system" means the piping of a private water main, water service and water distribution system, fixture supply connectors, fittings, valves, and appurtenances through which water is conveyed to points of usage such as plumbing fixtures, plumbing appliances, water using equipment or other piping systems to be served.
SPS 305.003 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; corrections made under s. 13.93 (2m) (b), 6. and 7., Stats.,
Register, October, 1996, No. 490; cr. (1m), (32m), am. (7), (15), (16), (33), (36), (37) and (42), r. (11);
Register, March, 1998, No. 507, eff. 4-1-98; r. (12), cr. (30m), am. (32),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 00-159: cr. (48m),
Register September 2001 No. 549 eff. 10-1-01;
CR 04-134: cr. (6m), (6s), (8m), (11), (17m), (26m), (27e), (27m), (27s), (27w), (32e), (32h), (46m), (47m), and (48s)
Register June 2005 No. 594, eff. 7-1-05;
CR 04-058: am. (32m)
Register February 2006 No. 602, eff. 5-1-06;
CR 06-031: am. (22)
Register October 2006 No. 610, eff. 11-1-06; emerg. cr. (10g), (27y) and (32s), eff. 6-1-07;
CR 06-127: r. and recr. (9), cr. (10m), renum. (17m) and (18) to be (18) and (19), r. (19),
Register September 2007 No. 621, eff. 10-1-07; emerg. cr. (10g), (27y) and (32s), eff. 6-1-07;
CR 07-089: cr. (10g), (26t), (27y) and (32s)
Register June 2008 No. 630, eff. 7-1-08;
CR 08-030: am. (10g) (a)
Register December 2008 No. 636, eff. 1-1-09;
CR 08-092: cr. (26x)
Register May 2009 No. 641, eff. 6-1-09;
CR 09-028: r. and recr. (17)
Register August 2010 No. 656, eff. 9-1-10;
CR 11-020: renum. (1m) to (32h) to be (2) to (48), (32m) to (52) to be (50) to (75), cr. (49),
Register December 2011 No. 672, eff. 1-1-12; correction in (18), (58), (59), (60), (67), (68), (70), (73), (74), as renumbered, made under s. 13.92 (4) (b) 6., 7., Stats.,
Register December 2011 No. 672;
CR 13-014: r. and recr. (15), r. (62)
Register September 2013 No. 693, eff. 10-1-13; correction in (50) made under s. 13.92 (4) (b) 7., Stats.,
Register October 2013;
CR 14-020: am. (15)
Register August 2014 No. 704, eff. 9-1-14;
CR 14-010: r. and recr. (15)
Register August 2014 No. 704, eff. 9-1-14; correction in (64) made under s. 13.92 (4) (b) 7., Stats.;
CR 23-006: cr. (2m) Register September 2023 No. 813, eff. 10-1-23. SPS 305.004
SPS 305.004 Incorporation of standards by reference. The following standards of the American Welding Society are hereby incorporated by reference into this chapter:
SPS 305.004(4)
(4) D 1.6-07, Structural Welding Code — Stainless Steel.
SPS 305.004 Note
Note: Copies of the American Welding Society (AWS) standards can be purchased from Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112-5776, telephone 800-854-7179, or through the AWS web site at
www.aws.org/.
SPS 305.004 Note
Note: Copies of standards incorporated by reference are on file in the offices of the department and the legislative reference bureau.
SPS 305.004 History
History:
CR 03-075: cr.
Register June 2004 No. 582, eff. 8-1-04;
CR 07-089: am. (1)
Register June 2008 No. 630, eff. 7-1-08;
CR 11-020: am. (1), renum. (2) to be (3) and amend, cr. (2), (4)
Register December 2011 No. 672, eff. 1-1-12.
Subch. I of ch. SPS 305 Note
Note: Authority over registrations under ss. SPS 305.80 and 305.81 was transferred to the Department of Natural Resources (DNR) under 2013 Wis. Act 20, s. 9138 (7) (f). For purposes of administering registrations under ss. SPS 305.80 and 305.81 under subchapter I, “department" means DNR.
Subch. I of ch. SPS 305 Note
Note: Authority over certifications or registrations under ss. SPS 305.68 and 305.82 to 305.89 was transferred to the Department of Agriculture, Trade and Consumer Protection (DATCP) under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f). For purposes of administering certifications or registrations under ss. 305.68 and SPS 305.82 to 305.89 under subchapter I, “department" means DATCP.
SPS 305.01(1)(1)
Application for a license, certification, registration, or enrollment or a license, certification, registration, or enrollment examination covered under this chapter shall be submitted on a form prescribed by the department.
SPS 305.01 Note
Note: Applications and related forms for licenses, certifications, registrations, or enrollment covered under subchapters II to VII and IX and X of this chapter are available from the Division of Industry Services at P.O. Box 7082, Madison, WI 53707-7082; or at telephone (608) 261-8467 or (877) 617-1565 or 411 (Telecommunications Relay); or at the Division's website at
http://dsps.wi.gov/programs/industry-services.
SPS 305.01(2)
(2) An application for a license, certification or registration which either requires or recognizes the attendance at or completion of educational courses as a qualification for the license, certification or registration shall be accompanied by such evidence, including but not limited to transcripts, that verifies fulfillment of the prerequisite.
SPS 305.01(3)
(3) Pursuant to s.
101.022, Stats., the department may not issue or renew any license, certification, registration, or enrollment under this chapter unless the applicant for the license, certification, registration, or enrollment includes his or her social security number, or in the case of a license, certification, registration, or enrollment for a business, the applicant includes the federal employer identification number. The department shall consider the failure by the applicant to provide a social security number or federal employer identification number as an incomplete application and shall not process the application further until the appropriate number is provided.
SPS 305.01(4)
(4) A business having multiple locations covered under one federal employer identification number applying for any of the following licenses, certifications or registrations need not obtain a separate license, certification or registration for each location:
SPS 305.01 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (1) and (2), cr. (3),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 03-075: cr. (4)
Register June 2004 No. 582, eff. 8-1-04;
CR 07-007: am. (4) (a)
Register August 2007 No. 620, eff. 9-1-07;
CR 07-089: cr. (4) (g)
Register June 2008 No. 630, eff. 7-1-08;
CR 08-092: cr. (4) (h)
Register May 2009 No. 641, eff. 6-1-09;
EmR0904: emerg. cr. (4) (i), eff. 3-2-09;
CR 08-110: cr. (4) (i)
Register September 2009 No. 645, eff. 10-1-09;
CR 14-010: r. (4) (i)
Register August 2014 No. 704, eff. 9-1-14;
CR 16-093: am. (1), (3), cr. (4) (j)
Register June 2018 No. 750, eff. 8-1-18; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2018 No. 750.
SPS 305.02(1)(a)
(a) Fees required for the various licenses, certifications, registrations, or enrollment and their processing under this chapter shall be determined in accordance with Table 305.02, except as provided in par.
(b).
SPS 305.02(1)(b)1.1. Pursuant to s.
145.05, Stats., a person who holds a master plumber license, master plumber-restricted license, journeyman plumber license or journeyman plumber-restricted license and who is employed by a city of the first, second or third class as a plumbing inspector is not required to submit a license fee in order to renew his or her license.
SPS 305.02(1)(b)2.
2. A person who applies to renew his or her master plumber license, master plumber-restricted license, journeyman plumber license or journeyman plumber-restricted license without the license fee as permitted under subd.
1. shall provide evidence that he or she is a plumbing inspector for a first, second or third class city with the application for renewal.
SPS 305.02 Note
Note: The exemption of not having to pay a license fee does not relieve an individual of fulfilling all other obligations or responsibilities to renew the license such as continuing education requirements.
SPS 305.02(2)
(2) Fees required under this chapter for licenses, certifications, registrations, and enrollment and for processing examinations shall not be refundable.
SPS 305.02(3)
(3) The department shall prorate a license, certification, registration, or enrollment fee on a monthly basis for the initial issuance of a license, certification, registration, or enrollment that is issued for less than the full license, certification, registration, or enrollment period.
SPS 305.02(4)(a)(a) The fee for a petition for variance submitted for a rule relative to this chapter shall be $200.00, except as provided in par.
(b).
SPS 305.02(4)(b)
(b) The fee for a petition for variance submitted and requested by the submitter to be reviewed on a priority basis shall be $400.00.
SPS 305.02(5)
(5) A fee of $15.00 shall be charged to replace a lost or destroyed license, certification, registration, or enrollment.
-
See PDF for table 
SPS 305.02 Note
NA means Not Applicable
SPS 305.02 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; cr. line 11, renum. lines 11 to 63 to be 12 to 64;
Register, March, 1998, No. 507, eff. 4-1-98; am. (1) to (3), (5) and Table 5.02,
Register, April, 2000, No. 532, eff. 5-1-00; except Table 5.02 line 17 eff. 7-1-00; am. Table 5.02,
Register, July, 2000, No. 535, eff. 9-1-00;
CR 00-159: renumber Table 5.02 lines 37 to 65 to be lines 38 to 66, cr. line 37;
Register September 2001 No. 549 eff. 10-1-01;
CR 03-075: am. (1) (a) and Table 5.02
Register June 2004 No. 582, eff. 8-1-04;
CR 04-134: cr. lines 11e, 11m and 11s of Table 5.02
Register June 2005 No. 594, eff. 7-1-05;
CR 06-031: am. Table 5.02
Register October 2006 No. 610, eff. 11-1-06;
CR 06-071: cr. line 11w
Register November 2006 No. 611, eff. 12-1-06;
CR 07-007: am. lines 9 and 10, cr. line 9m of Table 5.02
Register August 2007 No. 620, eff. 9-1-07;
CR 06-127: am. Table 5.02 Line 49, cr. Table 5.02 Lines 54g and 54r,
Register September 2007 No. 621, eff. 10-1-07;
CR 07-089: am. Table 5.02 line 39, cr. lines 67 to 75
Register June 2008 No. 630, eff. 7-1-08;
CR 08-039: am. (5) and Table 5.02
Register November 2008 No. 635, eff. 12-1-08;
CR 08-092: cr. lines 50m and 50n of Table 5.02
Register May 2009 No. 641, eff. 6-1-09;
EmR0904: emerg. cr. line 8m of Table 5.02, eff. 3-2-09;
CR 08-110: cr. line 8m of Table 5.02
Register September 2009 No. 645, eff. 10-1-09;
CR 09-046: am. lines 1 to 8, 13 to 15, 18 to 20, 29, 33, 34, 44, 50 and 68 to 70 of Table 5.02
Register March 2010 No. 651, eff. 4-1-10;
CR 09-028: am. Table 5.02 lines 22, 24, 25, 26, cr. lines 24m, 25g, 25r, 26e, 26m, and 26s, r. line 23
Register August 2010 No. 656, eff. 9-1-10, except repeal of line 23, eff. 4-1-13;
CR 10-039: am. Table 5.02 line 19, r. Table 5.02 line 20
Register November 2010 No. 659, eff. 12-1-10;
CR 10-090: cr. Table 5.02 lines 50r to 50t
Register January 2011 No. 661, eff. 2-1-11;
CR 11-020: cr. Table 305.02 line 32m,
Register December 2011 No. 672, eff. 1-1-12; correction in (1) (a), Table footnote
a made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 12-007: r. Table 305.02 lines 50r. to 50t
Register July 2012 No. 679, eff. 8-1-12;
CR 13-014: r. Table 305.02 line 50
Register September 2013 No. 693, eff. 10-1-13;
CR 14-010: r. Table 305.02 line 8m.
Register August 2014 No. 704, eff. 9-1-14;
EmR1415: emerg. cr. Table 305.02 line 24r., eff. 8-6-14;
CR 14-049: cr. Table 305.02 line 24r.
Register July 2015 No. 715, eff. 8-1-15;
EmR1524: cr. Table 305.02 line 37m., eff. 11-21-15;
CR 15-086: cr. Table 305.02 line 37m.,
Register June 2016 No. 726, eff. 7-1-16;
CR 16-093: am. (1) (a), (2), (3), (5), Table 305.02 (intro), line 26., cr. Table 305.02 line 37s.
Register June 2018 No. 750, eff. 8-1-18;
CR 23-006: am. Table 305.02 line 73. Register September 2023 No. 813, eff. 10-1-23. SPS 305.03
SPS 305.03 Petitions for variance. An individual may submit a petition for variance to any rule in this chapter in accordance with ch.
SPS 303.
SPS 305.03 Note
Note: Many of the rules relating to credentials reflect specific statutory requirements; in such cases the department is not able to grant a petition for variance if it would supersede a statutory requirement.
SPS 305.03 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.04(1)(1)
An application for a license, certification, registration, or enrollment covered under this chapter shall be granted or denied by the department within 21 calendar days after the department receives all of the application materials necessary to obtain the license, certification, registration, or enrollment.
SPS 305.04 Note
Note: Pursuant to s.
227.116, Stats., the failure by the department to make a determination on an application results in the department having to prepare and file a report with the permit information center of the department. The failure by the department to make a determination on an application does not relieve a person from the obligation to comply with the requirements or qualifications of the license, certification, registration, or enrollment or to secure the license, certification, registration, or enrollment.
SPS 305.04(2)(a)(a) If the license, certification, registration, or enrollment application information is insufficient, the department shall request additional information within 21 calendar days of receipt of the application.
SPS 305.04(2)(b)
(b) If an applicant does not respond to a request by the department for additional information within 3 months after the date of the request, the department shall make a determination on the application based upon the information on hand.
SPS 305.04 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (1) and (2) (a),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 16-093: am. (1), (2) (a)
Register June 2018 No. 750, eff. 8-1-18.
SPS 305.05(1)(1)
Unless otherwise provided by law, all orders, notices and other papers may be served by the department by first class mail at the address on file with the department.
SPS 305.05(2)
(2) A license, certification, registration, or enrollment holder shall be responsible for notifying the department of any change in mailing address.
SPS 305.05 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (2),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 16-093: am. (2)
Register June 2018 No. 750, eff. 8-1-18.
SPS 305.06(1)(1)
A license, certification, registration, or enrollment issued under this chapter shall be valid for a period of time no longer than that specified in Table 305.06.
SPS 305.06(2)
(2) A license, certification, registration, or enrollment issued under this chapter shall expire at midnight on the day or date of expiration of the term specified in Table 305.06.
-
See PDF for table SPS 305.06 Note* Authority for terms under Table 305.06 lines 46 and 47 was transferred to the Department of Natural Resources (DNR) under
2013 Wis. Act 20, s.
9138 (7) (f). Table 305.06 lines 46 and 47 are subject to future rulemaking by DNR. See also ss.
SPS 305.80 and
305.81.
SPS 305.06 Note** Authority for terms under Table 305.06 lines 42 and 48 to 54r was transferred to the Department of Agriculture, Trade and Consumer Protection (DATCP) under
2013 Wis. Act 20, s.
9138 (3) (fm) and (4) (f). Table 305.06 lines 42 and 48 to 54r are subject to future rulemaking by DATCP. See also ss.
SPS 305.68 and
305.82 to
305.89.
SPS 305.06 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. Table, line 36,
Register, January, 1998, No. 505, eff. 2-1-98; renum. lines 11 to 63 to 12 to 64 and am. line 21 and 39, cr. line 11,
Register, March, 1998, No. 507, eff. 4-1-98; am.
Register, April, 2000, No. 532, eff. 5-1-00; except Table 5.06 line 17 eff. 7-1-00;
CR 00-159: renum. Table 5.06, lines 37 to 65 to be 38 to 66, cr. line 37,
Register September 2001 No. 549 eff. 10-1-01;
CR 03-075: am. (2) and Table 5.06
Register June 2004 No. 582, eff. 8-1-04;
CR 04-134: cr. lines 11e, 11m and 11s of Table 5.06
Register June 2005 No. 594, eff. 7-1-05;
CR 05-025: am. Table 5.06 lines 28 and 29
Register October 2005 No. 598, eff. 11-1-05;
CR 06-031: am. Table 5.06
Register October 2006 No. 610, eff. 11-1-06;
CR 06-071: cr. line 11w
Register November 2006 No. 611, eff. 12-1-06;
CR 07-007: am. lines 9. and 10., cr. line 9m. of Table 5.06
Register August 2007 No. 620, eff. 9-1-07;
CR 06-127: am. Table 5.06 Lines 42 and 49 to 53, cr. Table 5.06 Lines 54g and 54r,
Register September 2007 No. 621, eff. 10-1-07;
CR 07-089: cr. lines 67 to 75 of Table 5.06
Register June 2008 No. 630, eff. 7-1-08;
CR 08-092: cr. lines 45m and 45n of Table 5.06
Register May 2009 No. 641, eff. 6-1-09; correction to numbering of lines 45m and 45n made under s.
13.92 (4) (b) 1., Stats.,
Register May 2009 No. 641;
EmR0904: emerg. cr. line 8m of Table 5.06, eff. 3-2-09;
CR 08-110: cr. line 8m of Table 5.06
Register September 2009 No. 645, eff. 10-1-09;
CR 09-028: am. Table 5.06 line 21, cr. lines 19m, 20g, 20r, 21e, 21m, and 21s, r. line 18
Register August 2010 No. 656, eff. 9-1-10, except repeal of line 18, eff. 4-1-13;
CR 10-039: am. Table 5.06 line 14, r. Table 5.06 line 15
Register November 2010 No. 659, ef. 12-1-10;
CR 10-064: am. Table 5.06 line 66
Register December 2010 No. 660, eff. 1-1-11;
CR 10-090: cr. Table 5.06 lines 45r to 45t
Register January 2011 No. 661, eff. 2-1-11;
CR 11-020: cr. Table 305.06 line 27m,
Register December 2011 No. 672, eff. 1-1-12; correction in (1), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672:
CR 12-007: r. Table 305.06 lines 45r. to 45t.
Register July 2012 No. 679, eff. 8-1-12;
CR 13-014: r. Table 305.06 line 45
Register September 2013 No. 693, eff. 10-1-13;
CR 14-010: r. Table 305.06 line 8m, column (5)
Register August 2014 No. 704, eff. 9-1-14;
EmR1415: emerg. cr. Table 305.06 line 19r., eff. 8-6-14;
CR 14-049: cr. Table 305.06 line 19r.
Register July 2015 No. 715, eff. 8-1-15;
EmR1524: cr. Table 305.06 line 32m., eff. 11-21-15;
CR 15-086: cr. Table 305.06 line 32m.,
Register June 2016 No. 726, eff. 7-1-16;
CR 16-093: am. (1), (2), Table 305.06 (intro.), line 21., cr. Table 305.06 line 32s.
Register June 2018 No. 750, eff. 8-1-18;
CR 19-118: am. Table 305.06 line 39
Register May 2020 No. 773, eff. 6-1-20;
CR 23-006: am. Table 305.06 line 66. Register September 2023 No. 813, eff. 10-1-23. SPS 305.07(1)(a)
(a) Except under s.
SPS 305.96, a notice of renewal shall be mailed by the department to a license, certification, registration, or enrollment holder at least 30 calendar days prior to the expiration of the license, certification, registration, or enrollment.
SPS 305.07(1)(b)
(b) Failure to receive a notice for renewal of a license, certification, registration, or enrollment shall not be considered as an excuse or good cause for failure to renew a license, certification, registration, or enrollment prior to the expiration of the license, certification, registration, or enrollment.
SPS 305.07(2)(a)(a) Except as provided in par.
(b), upon receipt of the renewal application from the department, a person may apply to renew his or her license, certification, registration, or enrollment provided an application, a license, certification, registration, or enrollment fee and evidence of all renewal obligations, if any, are submitted to the department prior to the expiration date of the license, certification, registration, or enrollment.
SPS 305.07 Note
Note: Qualification obligations for renewal are specified under the appropriate license, certification, registration, or enrollment category sections.
SPS 305.07(2)(b)1.1. A person may apply to renew his or her license, certification, registration, or enrollment in accordance with par.
(a) no later than one term after expiration of the license, certification, registration, or enrollment as specified in Table 305.06 in accordance with all of the following conditions:
SPS 305.07(2)(b)1.b.
b. Any continuing education credit obtained after the expiration date of the license, certification, registration, or enrollment, but prior to one term after the expiration date of the license, certification, registration, or enrollment as specified in Table 305.06, that is needed to fulfill the renewal obligations shall be documented and filed with the department on a form prescribed by the department.
SPS 305.07 Note
Note: The form to document late continuing education credit may be obtained from the Division of Industry Services at P.O. Box 7082, Madison, WI 53707-7082; or at telephone 608/261-8500 or 877/617-1565 or 411 (Telecommunications Relay).
SPS 305.07(2)(b)2.
2. The submission of a form under subd.
1. b. to the department shall include a $25.00 processing fee.
