SB698: Bill Text

SB698,28,16 101.951 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department of safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such a license shall not be effective until after 10 days' written notice thereof to the licensee, after such the hearing has been had; except that the department of safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department of safety and professional services shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21) 440.13.

SB698,99 Section 99. 101.952 (5) of the statutes is amended to read:

SB698,28,22 101.952 (5) The provision of s. 218.0116 relating to the denial, suspension, and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension, and revocation of a manufactured home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension, or revocation of a license under s. 101.02 (21) (b) 440.13.

SB698,100 Section 100. 101.957 of the statutes is repealed.

SB698,101 Section 101. 101.965 (1p) of the statutes is amended to read:

SB698,29,4 101.965 (1p) Any person who violates s. 101.96 or any rule promulgated under that section may be required to forfeit not less than $25 $100 nor more than $500 $5,000 for each violation. Each day of continued violation constitutes a separate violation offense.

SB698,102 Section 102. Subchapter VI (title) of chapter 101 [precedes 101.971] of the statutes is repealed.

SB698,103 Section 103. 101.971 (intro.), (1), (3) and (4) of the statutes are repealed.

SB698,104 Section 104. 101.971 (2) of the statutes is renumbered 101.01 (8m) and amended to read:

SB698,29,15 101.01 (8m) "Multifamily dwelling" means an apartment building, rowhouse, town house, condominium, or modular home, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units, as defined in s. 101.61 (1), the initial construction of which is begun on or after January 1, 1993. "Multifamily dwelling" does not include a facility licensed under ch. 50.

SB698,105 Section 105. 101.973 of the statutes is repealed.

SB698,106 Section 106. 101.974 (intro.), (1), (3) and (5) of the statutes are repealed.

SB698,107 Section 107. 101.974 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

SB698,108 Section 108. 101.974 (4) of the statutes is renumbered 101.02 (25) and amended to read:

SB698,29,23 101.02 (25) Promulgate The department may promulgate rules prescribing procedures for approving new building materials, methods, and equipment.

SB698,109 Section 109. 101.975, 101.976, 101.977 and 101.978 of the statutes are repealed.

SB698,110 Section 110. 101.985 (4) of the statutes is repealed.

SB698,111 Section 111. 101.985 (5) (a) of the statutes is amended to read:

SB698,30,8 101.985 (5) (a) Issuance and term. Except as provided under s. 101.02 (20) (b) and (21) (b) ss. 440.12 and 440.13, the department shall issue a license to any applicant who satisfies the applicable requirements of subs. (1) to (3) and any rules promulgated under subs. (1) to (3) and who pays any applicable fee required by rule of the department under s. 101.19 (1g) (k). Except as provided under sub. (2) (c) and (d), the term of each license is 2 years.

SB698,112 Section 112. 101.988 (3) of the statutes is amended to read:

SB698,30,15 101.988 (3) Penalties. Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 $5,000 or imprisoned for not more than 30 days or both, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance. Each day of continued violation constitutes a separate offense.

SB698,113 Section 113. Subchapter VIII (title) of chapter 101 [precedes 101.9911] of the statutes is created to read:

SB698,30,18 chapter 101

SB698,30,19 SUBCHAPTER VIII

SB698,30,22 PLUMBING AND FIRE PROTECTION SYSTEMS AND SWIMMING POOL PLAN REVIEW

SB698,114 Section 114. 108.227 (1) (e) 5. of the statutes is amended to read:

SB698,30,25 108.227 (1) (e) 5. A An occupational license, as defined in s. 101.02 (20) (1) (a) 2.

SB698,115 Section 115. 115.33 (1) (a) of the statutes is amended to read:

SB698,31,4 115.33 (1) (a) "In compliance" means in compliance with subchs. I and, IV, and VIII of ch. 101, ch. 145 and ss. 254.11 to 254.178 and the rules promulgated under subchs. I and, IV, and VIII of ch. 101, ch. 145 and ss. 254.11 to 254.178.

SB698,116 Section 116. 118.135 (2) of the statutes is amended to read:

SB698,31,10 118.135 (2) A pupil who complies with a request under sub. (1) shall provide evidence of an eye examination or evaluation by December 31 following the pupil's enrollment in kindergarten. The school board or charter school shall provide pupils with the form distributed by the department of safety and professional services under s. 440.03 (16) for that purpose.

SB698,117 Section 117. Chapter 145 (title) of the statutes is repealed.

SB698,118 Section 118. 145.01 of the statutes is renumbered 101.9911, and 101.9911 (4m), (9), (14) and (15), as renumbered, are amended to read:

SB698,31,16 101.9911 (4m) Failing private on-site wastewater treatment system. "Failing private on-site wastewater treatment system" has the meaning specified under s. 145.245 101.9937 (4).

SB698,31,18 (9) Pipelayer. "Pipelayer" means a person registered under s. 145.07 101.9918 (11).

SB698,31,21 (14) Restricted plumber licensee. "Restricted plumber licensee" means any person licensed as a master plumber (restricted) or a journeyman plumber (restricted) under s. 145.14 101.9925.

SB698,31,23 (15) Utility contractor. "Utility contractor" means a person licensed under s. 145.07 101.9918 (10).

SB698,119 Section 119. 145.02 of the statutes, as affected by 2015 Wisconsin Act 49, is renumbered 101.9912, and 101.9912 (2) (a) and (3) (f), as renumbered, are amended to read:

SB698,32,14 101.9912 (2) (a) The department shall have general supervision of all such plumbing and under sub. (1). The department shall after public hearing prescribe and publish and enforce reasonable standards therefor which promulgate rules that shall be uniform and of statewide concern so far as practicable uniformly apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision. Any employee designated by the department may act for the department in holding the public hearing required under this subsection. The rules promulgated by the department shall constitute the state plumbing code. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s. 101.121.

SB698,32,24 (3) (f) Issue special orders directing and requiring compliance with the rules and standards of the department promulgated under this chapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated, except that orders related to occupational licenses, as defined in s. 101.02 (1) (a) 2., shall be issued as provided in s. 101.022. The circuit court for any county where violation of such an order occurs has jurisdiction to enforce and shall enforce any order brought before it by injunctive and other appropriate relief. The attorney general or the district attorney of the county where the violation of the order occurs shall bring action for its enforcement. The department may issue an order under this paragraph to abate a violation of s. 254.59.

SB698,120 Section 120. 145.035 of the statutes is repealed.

SB698,121 Section 121. 145.04 of the statutes is renumbered 101.9914.

SB698,122 Section 122. 145.045 (title) and (1) of the statutes are renumbered 101.9915 (title) and (1).

SB698,123 Section 123. 145.045 (2) of the statutes is repealed.

SB698,124 Section 124. 145.045 (3) of the statutes is renumbered 101.9915 (3) and amended to read:

SB698,33,10 101.9915 (3) Plumbers and septic tank installers. A plumber or septic tank installer may also be a soil tester and install any system after approval of the site or project by the department or the governmental unit responsible for the regulation of private on-site wastewater treatment systems.

SB698,125 Section 125. 145.05 of the statutes is renumbered 101.9916.

SB698,126 Section 126. 145.06 of the statutes is renumbered 101.9917.

SB698,127 Section 127. 145.07 of the statutes is renumbered 101.9918, and 101.9918 (9), (10), (11) and (12), as renumbered, are amended to read:

SB698,33,16 101.9918 (9) Master plumbers, journeyman plumbers and apprentices are not subject to the restrictions under s. 145.14 101.9925.

SB698,33,24 (10) An application for a utility contractor's license shall be made to the department with fees required by the department under s. 145.08 101.9919 (1) (o). The department shall issue a utility contractor's license to any person who is skilled in the planning, superintending and practical installation, within public or private premises, of piping which conveys sewage, rain water or other liquid wastes to a legal point of disposal and who is skilled in the design, planning, superintending and practical installation of water service piping from the street main to the immediate inside building perimeter.

SB698,34,8 (11) An application for registration as a pipelayer shall be made to the department with the fees required by the department under s. 145.08 101.9919 (1) (q). The department shall approve the registration of any person as a pipelayer if the person is employed by a utility contractor and if the person is engaged in the practical installation, within public or private premises, of piping which conveys sewage, rain water or other liquid wastes to a legal point of disposal or engages in the practical installation of water service piping from the street main to the immediate inside building perimeter.

SB698,34,11 (12) An applicant for registration as a cross-connection control tester shall submit an application and registration fee to the department as prescribed by the rules promulgated under s. 145.02 101.9912 (4) (b).

SB698,128 Section 128. 145.08 of the statutes is renumbered 101.9919, and 101.9919 (1g), as renumbered, is amended to read:

SB698,34,17 101.9919 (1g) The department may not charge a plumbing supervisor employed by the department in accord with s. 145.02 101.9912 (3) (a) a fee for the appropriate 4-year license for which the plumbing supervisor has previously qualified.

SB698,129 Section 129. 145.09 of the statutes is renumbered 101.992, and 101.992 (intro.), as renumbered, is amended to read:

SB698,34,22 101.992 State comity. (intro.) Any person may be accepted for examination for the appropriate classification of license without submitting evidence required under s. 145.07 101.9918, if:

SB698,130 Section 130. 145.10 of the statutes is renumbered 101.9921, and 101.9921 (1) (c), as renumbered, is amended to read:

SB698,35,2 101.9921 (1) (c) Falsified information on an inspection form under s. 145.20 101.9934 (5).

SB698,131 Section 131. 145.11 of the statutes is renumbered 101.9922, and 101.9922 (4), as renumbered, is amended to read:

SB698,35,8 101.9922 (4) Subsection (1) does not apply to any person who advertises as providing services for which no license is required under s. 145.06 101.9917, unless the person holds himself or herself out as providing services for which a license is required.

SB698,132 Section 132. 145.12 of the statutes is renumbered 101.9923, and 101.9923 (4) and (5) (a), as renumbered, are amended to read:

SB698,35,16 101.9923 (4) Any person who violates any order under s. 145.02 101.9912 (3) (f) or 145.20 101.9934 (2) (f) or any rule or standard adopted under s. 145.13 101.9912 shall forfeit not less than $10 nor more than $1,000 for each violation. Each violation of an order under s. 145.02 101.9912 (3) (f) or 145.20 101.9934 (2) (f) or a rule or standard under s. 145.13 101.9912 constitutes a separate offense and each day of continued violation is a separate offense.

SB698,35,20 (5) (a) In lieu of any other penalty under this section, the department may directly assess a forfeiture by issuing an order against any person who violates s. 145.06 101.9917 or 145.20 101.9934 (6). The department may not assess a forfeiture exceeding $2,000 for each violation.

SB698,133 Section 133. 145.13 of the statutes is repealed.

SB698,134 Section 134. 145.14 of the statutes is renumbered 101.9925.

SB698,135 Section 135. 145.15 of the statutes is renumbered 101.9926, and 101.9926 (1), (2) and (3), as renumbered, are amended to read:

SB698,36,4 101.9926 (1) No city, village, town or county may require the licensing of any person licensed or registered under ss. 145.15 to 145.18 101.9926 to 101.9931 for any activity regulated under ss. 145.15 to 145.18 101.9926 to 101.9931 or rules adopted thereunder.

SB698,36,8 (2) All licenses issued under ss. 145.15 to 145.18 101.9926 to 101.9931 shall be issued by the department. The department shall not restrict the work done by any licensed journeyman sprinkler system fitter of any automatic fire sprinkler contractor or apprentice to any geographical territory.

SB698,36,15 (3) Any person not licensed under this chapter prior to April 26, 1972, who was regularly engaged in the occupation of installing automatic fire sprinkler systems on or before March 1, 1967, shall be licensed under ss. 145.15 to 145.18 101.9926 to 101.9931 without being required to pass any written, oral or practical examination qualifying the person for a license under ss. 145.15 to 145.18 101.9926 to 101.9931. Any such person shall apply for the appropriate license and pay the appropriate license fee.

SB698,136 Section 136. 145.16 of the statutes is renumbered 101.9927.

SB698,137 Section 137. 145.165 of the statutes is renumbered 101.9928, and 101.9928 (1) and (2), as renumbered, are amended to read:

SB698,36,24 101.9928 (1) An automatic fire sprinkler fitter-maintenance only registration certificate is required for any person who is employed to maintain automatic fire sprinkler systems by a business establishment registered under s. 145.175 101.993. The department shall, by rule, specify the requirements for issuing an automatic fire sprinkler fitter-maintenance only registration certificate and specify the activities in which a person holding a certificate under this section may engage.

SB698,37,2 (2) This section does not apply to any person registered under s. 145.16 101.9927 or licensed under s. 145.17 101.9929 (2).

SB698,138 Section 138. 145.17 of the statutes is renumbered 101.9929.

SB698,139 Section 139. 145.175 of the statutes is renumbered 101.993.

SB698,140 Section 140. 145.18 of the statutes is renumbered 101.9931.

SB698,141 Section 141. 145.19 of the statutes is renumbered 101.9932.

SB698,142 Section 142. 145.195 of the statutes is renumbered 101.9933.

SB698,143 Section 143. 145.20 of the statutes is renumbered 101.9934, and 101.9934 (2) (h), (3) (c), (5) (a) and (am) and (6) (a) 1., as renumbered, are amended to read:

SB698,37,15 101.9934 (2) (h) Inspect existing private on-site wastewater treatment systems to determine compliance with s. 145.195 101.9933 if a building or structure is being constructed which requires connection to an existing private on-site wastewater treatment system. The county is not required to conduct an on-site inspection if a building or structure is being constructed which does not require connection to an existing private on-site wastewater treatment system.

SB698,38,2 (3) (c) If the governing body for a governmental unit responsible for the regulation of private on-site wastewater treatment systems does not adopt a private on-site wastewater treatment system ordinance meeting the requirements of s. 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 101.9932 (3), the department may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with s. 59.70 (5) or 145.19 101.9932 (3) or sub. (1) or (2). If the department determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private on-site wastewater treatment system until the violation is corrected.

SB698,38,16 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.245 101.9937 (9).

SB698,38,24 (am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.245 101.9937, a governmental unit must comply with these deadlines.

SB698,39,3 (6) (a) 1. Conduct any activities for which certification is required under s. 145.045 101.9915 (1), except that the employee may review and verify soil tester reports as provided in sub. (2) (a).

SB698,144 Section 144. 145.23 of the statutes is renumbered 101.9935.

SB698,145 Section 145. 145.24 of the statutes is renumbered 101.9936, and 101.9936 (1), as renumbered, is amended to read:

SB698,39,11 101.9936 (1) If an existing private on-site wastewater treatment system either is not located in soil meeting the siting standards or is not constructed in accordance with design standards promulgated under s. 145.02 or 145.13 101.9912, the owner of the private on-site wastewater treatment system may petition the department for a variance to the siting or design standards.

SB698,146 Section 146. 145.245 of the statutes is renumbered 101.9937, and 101.9937 (1) (a) 2., (7) (a), (c) and (e) and (9) (a), as renumbered, are amended to read: