Chapter SPS 305

SPS 305.125(1)(b) (b) The amount of forfeiture assessed against an individual who does not hold the appropriate type of plumbing license under subch. IX and who installs plumbing when a master plumber is not in charge of the plumbing installation shall be one of the following:

SPS 305.125(1)(b)1. 1. First offense — $1,000.

SPS 305.125(1)(b)2. 2. Second offense — $1,500.

SPS 305.125(1)(b)3. 3. Third and subsequent offense — $2,000.

SPS 305.125(1)(c) (c) The amount of forfeiture assessed against an individual who does not hold the appropriate type of plumbing license under subch. IX and who installs plumbing where a master plumber is in charge of the plumbing installation shall be one of the following:

SPS 305.125(1)(c)1. 1. First offense — $100.

SPS 305.125(1)(c)2. 2. Second offense — $500.

SPS 305.125(1)(c)3. 3. Third and subsequent offense — $1,000.

SPS 305.125(1)(d) (d) The amount of forfeiture assessed against a master plumber who allows the use of his or her master plumber license for the purpose of obtaining a plumbing permit without that master plumber assuming responsibility for the plumbing installation shall be one of the following:

SPS 305.125(1)(d)1. 1. First offense — $1,000.

SPS 305.125(1)(d)2. 2. Second offense — $1,500.

SPS 305.125(1)(d)3. 3. Third and subsequent offense — $2,000.

SPS 305.125(1)(e) (e) The amount of forfeiture assessed against a master plumber who allows another licensed plumber to install plumbing in the master plumber’s name when that master plumber is not in charge of the plumbing installation shall be one of the following:

SPS 305.125(1)(e)1. 1. First violation offense — $500.

SPS 305.125(1)(e)2. 2. Second violation offense — $1,000.

SPS 305.125(1)(e)3. 3. Third and subsequent violation offense — $2,000.

SPS 305.125(1)(f) (f) The amount of forfeiture assessed against a master plumber who allows an individual who does not hold the appropriate license under subch. IX to install plumbing when that master plumber is in charge of the plumbing installation shall be one of the following:

SPS 305.125(1)(f)1. 1. First violation offense — $1,500.

SPS 305.125(1)(f)2. 2. Second violation offense — $1,750.

SPS 305.125(1)(f)3. 3. Third and subsequent violation offense — $2,000.

SPS 305.125(1)(g) (g) The amount of forfeiture assessed against an individual who does not hold an appropriate master plumber license under s. SPS 305.91 and who engages in the business or offers to engage in the business of superintending plumbing installations shall be one of the following:

SPS 305.125(1)(g)1. 1. First violation offense — $1,000.

SPS 305.125(1)(g)2. 2. Second violation offense — $1,500.

SPS 305.125(1)(g)3. 3. Third and subsequent violation offense — $2,000.

SPS 305.125(1)(h) (h) The amount of forfeiture assessed against an individual who does not hold a registration as a cross connection control assembly tester under s. SPS 305.99 and who tests cross connection control assemblies to meet the requirements in s. SPS 382.22 (8) shall be one of the following:

SPS 305.125(1)(h)1. 1. First violation offense — $500.

SPS 305.125(1)(h)2. 2. Second violation offense — $1,000.

SPS 305.125(1)(h)3. 3. Third and subsequent violation offense — $2,000.

SPS 305.125 Note Note: See section 145.06, Stats., for exemptions to the licensing requirements.

SPS 305.125(1)(i) (i) When a violator creates an imminent health risk the forfeiture amounts under pars. (b) to (h) shall be doubled within the maximum statutory limit of $2,000.

SPS 305.125(2) (2) POWTS forfeitures.

SPS 305.125(2)(a) (a) Pursuant to s. 145.12 (5) (a), Stats., the department may assess a forfeiture in the amount listed in par. (b) to a violator of the restriction requirements under s. 145.20 (6) (a), Stats.

SPS 305.125(2)(b) (b) The amount of forfeiture assessed against an individual who violates the restriction requirements under s. 145.20 (6) (a), Stats., shall be one of the following:

SPS 305.125(2)(b)1. 1. First offense — $1,000.

SPS 305.125(2)(b)2. 2. Second offense — $1,500.

SPS 305.125(2)(b)3. 3. Third and subsequent offense — $2,000.

SPS 305.125(4) (4) Forfeiture process.

SPS 305.125(4)(a) (a) The department shall assess an administrative forfeiture in writing.

SPS 305.125(4)(b) (b) A notice of administrative forfeiture shall include the following:

SPS 305.125(4)(b)1. 1. The rule or rules violated.

SPS 305.125(4)(b)2. 2. A statement or explanation of how the violation was determined.

SPS 305.125(4)(b)3. 3. The amount of forfeiture.

SPS 305.125(4)(b)4. 4. A statement or explanation of how the amount of forfeiture was determined.

SPS 305.125(4)(b)5. 5. Information about how to contest the notice of administrative forfeiture.

SPS 305.125(5) (5) Forfeiture payments.

SPS 305.125(5)(a) (a) Except as provided in sub. (6), all forfeitures shall be paid to the department within 30 days after issuance of the notice.

SPS 305.125(5)(b) (b) An interest penalty shall be imposed in accordance with s. 145.12 (5) (d), Stats., for a forfeiture not paid in accordance with par. (a).

SPS 305.125 Note Note: Section 145.12 (5) (d), Stats., reads: In the case of any failure in the payment of a forfeiture, the department shall impose an interest penalty of 12% per year from the time when the forfeiture should have been paid.

SPS 305.125(5)(c) (c) The department may refer unpaid forfeitures to the attorney general.

SPS 305.125 Note Note: Section 145.12 (5) (e), Stats., reads: The attorney general may bring an action in the name of the state to collect any forfeiture imposed, or interest accrued, under this subsection if the forfeitures or interest has not been paid after the exhaustion of all administrative and judicial reviews.

SPS 305.125(6) (6) Forfeiture appeal.

SPS 305.125(6)(a) (a) A person assessed an administrative forfeiture may request a review of the assessment of forfeiture issued under sub. (1) and the grounds for the assessment in accordance with all of the following procedures:

SPS 305.125(6)(a)1. 1. A request for review of an assessment of forfeiture under this subsection shall be on the basis to completely overturn the assessment.

SPS 305.125(6)(a)2. 2. A request for review of an assessment of forfeiture shall be made in writing to the administrator of the division of industry services.

SPS 305.125 Note Note: Requests for a review by the administrator may be sent to Administrator, Division of Industry Services, P.O. Box 2658, Madison, WI 53701-2658.

SPS 305.125(6)(a)3. 3. A request for review of an assessment of forfeiture shall include a statement of the specific reasons why the person believes the administrative forfeiture and the grounds for the assessment should be overturned.

SPS 305.125(6)(b) (b) A request for review of an assessment of an administrative of forfeiture and the grounds for the assessment shall be denied if the request is received more than 30 days after issuance of the forfeiture notice.

SPS 305.125(6)(c) (c)

SPS 305.125(6)(c)1. 1. The administrator shall make a decision on a request for review of an assessment of administrative forfeiture and the grounds for assessment within 15 days of receipt of the request.

SPS 305.125(6)(c)2. 2. If the administrator determines that insufficient reasons are provided in a request for review, the request may be denied.

SPS 305.125(6)(c)3. 3. A denial of a request for review shall be in writing and shall state the reasons for denial and information about the right to appeal the denial.

SPS 305.125(6)(c)4. 4. If the administrator determines that sufficient reasons are provided in a request for review, the request shall be granted.

SPS 305.125(6)(c)5. 5. If the administrator grants a request for review, the administrator shall notify the person making the request in writing of the date, time and location where the review will take place and who will conduct the review. The review shall be scheduled within 10 days after the request for review is granted, unless the person requesting the review asks for and is granted an extension.

SPS 305.125(6)(c)6. 6. If a review is granted, the person requesting the review shall be provided an opportunity to meet with the administrator or designee to present statements and documents regarding the contested notice of administrative forfeiture and the grounds for the assessment.

SPS 305.125(6)(c)7. 7. If a review is granted, the division shall provide technical expertise to represent the department’s position.

SPS 305.125(7) (7) Administrator review.

SPS 305.125(7)(a) (a) The administrator shall issue a written decision within 30 days following a review under sub. (6) (c) 5.

SPS 305.125(7)(b) (b) The written decision from the administrator shall include information about appeal rights and procedures if the decision is to deny overturning the assessment of administrative forfeiture and the grounds for assessment.

SPS 305.125(8) (8) Secretary review.

SPS 305.125(8)(a) (a) A person adversely affected by the decision of the administrator under sub. (7) may request a hearing by the secretary to review an assessment of administrative forfeiture and the grounds for assessment in accordance with all of the following procedures:

SPS 305.125(8)(a)1. 1. A request for a hearing shall be made in writing to the secretary.

SPS 305.125(8)(a)2. 2. A request for a hearing shall include a statement of the specific reasons why the person believes the forfeiture assessment and the grounds for assessment should be overturned.

SPS 305.125(8)(a)3. 3. A request for a hearing shall be denied if the request is received more than 30 days after issuance of the decision by the administrator under sub. (7).

SPS 305.125(8)(b) (b) A hearing held by the secretary or designee to review the decision of the administrator on an administrative forfeiture shall be a contested case hearing. The hearing and the decision issued after the hearing shall be governed by the provisions under ch. 227, Stats.

SPS 305.125 History History: CR 10-039: renum. from Comm 5.12 (2) to (8) and am. (1) (a), cr. (3) Register November 2010 No. 659, eff. 12-1-10; corrections in (5) (a), (6) (a) (intro.), (7) (a), (8) (a) (intro.) and 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 10-090: cr. (3m) Register January 2010 No. 661, eff. 2-1-11; correction in (1) (g) (intro.), (h) (intro.), (3) (c) (intro.), (3m) (a), (b) (intro.), (c) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 12-007: r. (3m) Register July 2012 No. 679, eff 8-1-12; correction in (6) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register September 2013 No. 693; CR 14-010: r. (3) (a) 1. Register August 2014 No. 704, eff. 9-1-14; CR 19-118: r. (3) Register May 2020 No. 773, eff. 6-1-20; CR 23-006: am. (1) (h) (intro.) Register September 2023 No. 813, eff. 10-1-23.

subch. II of ch. SPS 305 Subchapter II — Blasting and Fireworks

SPS 305.20 SPS 305.20 Blasters.

SPS 305.20(1) (1) General.

SPS 305.20(1)(a) (a) No person may prepare explosive charges or conduct blasting operations unless the person complies with one of the following conditions:

SPS 305.20(1)(a)1. 1. Holds a license issued by the department as a licensed class 1 blaster, licensed class 2 blaster, licensed class 3 blaster, licensed class 4 blaster, licensed class 5 blaster, licensed class 6 blaster or licensed class 7 blaster.

SPS 305.20(1)(a)2. 2. Is under the direct supervision of a person who holds a license issued by the department as a licensed blaster in one or more of the categories specified in subd. 1.

SPS 305.20(1)(b) (b) The operations and activities associated with a person who holds a license as a licensed class 1 blaster, licensed class 2 blaster, licensed class 3 blaster, licensed class 4 blaster, licensed class 5 blaster, licensed class 6 blaster or licensed class 7 blaster shall be limited to the operations or activities delineated under this paragraph.

SPS 305.20(1)(b)1. 1. A person, who either holds a license as a licensed class 1 blaster or is under the direct supervision of a person who holds a license as a licensed class 1 blaster, may conduct blasting operations and activities not closer than 500 feet to an inhabited building for stumps, boulders, ice, frost, concrete, footings, foundations, pole settings, drainage ditches, beaver dams, pot holes, seismic tests, boiler tubes, fertilizer piles, silos, dimension stone, well shooting, metal forms, black powder or coal piles.

SPS 305.20(1)(b)2. 2. A person, who either holds a license as a licensed class 2 blaster or is under the direct supervision of a person who holds a license as a licensed class 2 blaster, may conduct blasting operations and activities for stumps, boulders, ice, frost, concrete, footings, foundations, pole settings, drainage ditches, beaver dams, pot holes, seismic tests, boiler tubes, fertilizer piles, silos, dimension stone, well shooting, metal forms, black powder or coal piles.

SPS 305.20(1)(b)3. 3. A person, who either holds a license as a licensed class 3 blaster or is under the direct supervision of a person who holds a license as a licensed class 3 blaster, may conduct blasting operations and activities for underground mining, underground construction or tunnels.

SPS 305.20(1)(b)4. 4. A person, who either holds a license as a licensed class 4 blaster or is under the direct supervision of a person who holds a license as a licensed class 4 blaster, may conduct blasting operation and activities not closer than 2500 feet to an inhabited building for quarries, open pits, road cuts, trenches, site excavations, basements, underwater demolition or underground excavations.

SPS 305.20(1)(b)5. 5. A person, who either holds a license as a licensed class 5 blaster or is under the direct supervision of a person who holds a license as a licensed class 5 blaster, may conduct blasting operations and activities 2500 feet and closer to an inhabited building for quarries, open pits and road cuts.

SPS 305.20(1)(b)6. 6. A person, who either holds a license as a licensed class 6 blaster or is under the direct supervision of a person who holds a license as a licensed class 6 blaster, may conduct blasting operations and activities 2500 feet and closer to an inhabited building for trenches, site excavations, basements, underwater demolition, underground excavations or structures 15 feet or less in height.

SPS 305.20(1)(b)7. 7. A person, who either holds a license as a licensed class 7 blaster or is under the direct supervision of a person who holds a license as a licensed class 7 blaster, may conduct blasting operations and activities for structures greater than 15 feet in height, bridges, towers or any of the objects or purposes specified under subds. 1. to 6.