145.13
145.13
Adoption of plumbing code. The state plumbing code and amendments to that code as adopted by the department have the effect of law in the form of standards statewide in application and shall apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision thereof. The state plumbing code shall comply with
ch. 160. All plumbing installations shall so far as practicable be made to conform with such code.
145.13 Annotation
Wisconsin administrative code ch. Comm 83, Private Onsite Wastewater Treatment Systems, created Register April, 2000, is valid. League of Wisconsin Municipalities v. Department of Commerce, 2002 WI App 137,
256 Wis. 2d 183,
647 N.W.2d 301.
145.135(1)(1)
Validity. In this section, "sanitary permit" means a permit issued by the department or any governmental unit responsible for the regulation of private sewage systems for the installation of a private sewage system. No person may install a private sewage system unless the owner of the property on which the private sewage system is to be installed holds a valid sanitary permit. A sanitary permit is valid for 2 years from the date of issue and renewable for similar periods thereafter. A governmental unit responsible for the regulation of private sewage systems may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period. A sanitary permit shall remain valid to the end of the established period, notwithstanding any change in the state plumbing code or in any private sewage system ordinance during that period. A sanitary permit may be transferred from the holder to a subsequent owner of the land, except that the subsequent owner must obtain a new copy of the sanitary permit from the issuing agent. The results of any percolation test or other test relating to the disposal of liquid domestic wastes into the soil shall be retained by the governmental unit responsible for the regulation of private sewage systems where the property is located. The governmental unit responsible for the regulation of private sewage systems shall make the test results available to an applicant for a sanitary permit and shall accept the test results as the basis for a sanitary permit application unless the soil at the test site is altered to the extent that a new soil test is necessary.
145.135(2)
(2) Notice. A sanitary permit shall include a notice displayed conspicuously and separately on the permit form, to inform the permit holder that:
145.135(2)(a)
(a) The purpose of the sanitary permit is to allow installation of the private sewage system described in the permit.
145.135(2)(b)
(b) The approval of the sanitary permit is based on regulations in force on the date of approval.
145.135(2)(c)
(c) The sanitary permit is valid and may be renewed for a specified period.
145.135(2)(d)
(d) Changed regulations will not impair the validity of a sanitary permit.
145.135(2)(e)
(e) Renewal of the sanitary permit will be based on regulations in force at the time renewal is sought, and that changed regulations may impede renewal.
145.14
145.14
Plumbers license (restricted). 145.14(1)(a)(a) Persons licensed as master plumbers (restricted), journeyman plumbers (restricted) or registered learners shall be classified by the department under
sub. (2) and shall be restricted to the type of work for which they have been classified and to the requirements indicated in this section.
145.14(1)(b)
(b) Persons licensed as journeyman plumbers (restricted) or registered learners shall work under the supervision of a master plumber or a master plumber (restricted). A master plumber (restricted) may also work as a journeyman plumber (restricted). No journeyman plumber (restricted) or registered learner shall contract for work, advertise or do anything which would lead others to believe him to be qualified as a master plumber (restricted) in his classification.
145.14(1)(c)
(c) All persons licensed as master plumbers (restricted), journeyman plumbers (restricted) or registered learners shall be subject to all laws and rules governing plumbers. If qualified, persons may be licensed under any number of classifications under
sub. (2). Separate licenses shall be issued under
sub. (2) (a) and
(b), but licenses issued under
sub. (2) (b) may extend to any number of items under that paragraph.
145.14(2)
(2) Classifications. The classifications which the department shall use are a sewer services classification and an "appliances, equipment and devices" classification. Persons so classified may engage in the following types of work:
145.14(2)(a)
(a)
Sewer services. Persons classified under this paragraph may install septic tanks for private sewage disposal systems, drain fields designed to serve such septic tanks, and the sewer service from the septic tank or sewer extensions from mains to the immediate inside or proposed inside foundation wall of the building.
145.14(2)(b)
(b)
Appliances, equipment or devices. Under this paragraph persons installing water softeners, water heaters or other items in connection with the water supply or water distribution systems which do not require a direct connection to the waste or drain piping systems are limited to making connection to existing installations. There shall be no drilling, tapping or direct connection made to any waste or drain pipe to serve items installed under this section. The maximum length of water piping permitted to be installed under this section shall be the minimum required to connect the item to the system.
145.15(1)(1) No city, village, town or county may require the licensing of any person licensed or registered under
ss. 145.15 to
145.18 for any activity regulated under
ss. 145.15 to
145.18 or rules adopted thereunder.
145.15(2)
(2) All licenses issued under
ss. 145.15 to
145.18 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.
145.15(3)
(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 without being required to pass any written, oral or practical examination qualifying the person for a license under
ss. 145.15 to
145.18. Any such person shall apply for the appropriate license and pay the appropriate license fee.
145.15(4)
(4) No person may install automatic fire sprinkler systems unless licensed or registered to do so by the department. Licenses and registrations pertaining to automatic fire sprinkler systems are not transferable.
145.15 Cross-reference
Cross Reference: See also ss.
Comm 5.50,
5.51, and
5.52, Wis. adm. code.
145.16
145.16
Fire sprinkler system apprentices, registration. Automatic fire sprinkler system apprentices may not be required to apply for any license but shall register with the department as an apprentice. The apprentices shall be enrolled in a qualified apprenticeship sprinkler fitters program recognized by the department.
145.16 History
History: 1971 c. 255;
1979 c. 221.
145.16 Cross-reference
Cross Reference: See also s.
Comm 5.53, Wis. adm. code.
145.165
145.165
Automatic fire sprinkler fitter - maintenance only registration. 145.165(1)(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. 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.
145.165 History
History: 1981 c. 20.
145.165 Cross-reference
Cross Reference: See also ss.
Comm 5.54 and
5.55, Wis. adm. code.
145.17
145.17
Inspectors and rule making. 145.17(1)
(1) The department may employ competent supervisors, who shall be licensed automatic fire sprinkler contractors or journeymen automatic fire sprinkler system fitters, and may employ other persons. The department may accept as certification of inspection, inspection by the insurance services organization of Wisconsin, the industrial risk insurers association, the factory mutual engineering corporation or other rate service organization.
145.17(2)
(2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under
s. 15.157 (9), shall advise the department in formulating the rules.
145.175
145.175
Automatic fire sprinkler - maintenance only registration. An automatic fire sprinkler - maintenance only registration certificate is required before any business establishment may maintain or repair existing automatic fire sprinkler systems in its physical facilities. The department shall, by rule, specify the qualifications for issuing an automatic fire sprinkler-maintenance only registration certificate. The department shall, by rule, specify the activities in which a person holding a registration certificate under this section may engage.
145.175 History
History: 1981 c. 20.
145.175 Cross-reference
Cross Reference: See also ss.
Comm 5.53, and
5.54, Wis. adm. code.
145.18
145.18
Temporary permits. The department may issue temporary permits to journeymen automatic fire sprinkler system fitters or to automatic fire sprinkler contractors pending examination of applicants for licenses. The department may also issue temporary permits to applicants for automatic fire sprinkler - maintenance only registration certificates. The department shall, by rule, prescribe the procedure for issuing these permits. Examination fees shall be paid at the time the permit is issued.
145.18 History
History: 1971 c. 255;
1981 c. 20.
145.19
145.19
Sanitary permit. 145.19(1)(1)
Requirement; information; forms. No septic tank may be purchased and no private sewage system may be installed unless the owner of the property on which the private sewage system is to be installed holds a valid sanitary permit from the governmental unit responsible for the regulation of private sewage systems in which the property is located. The department shall prescribe the information to be included in the sanitary permit and furnish sanitary permit forms to the governmental unit. The applicant shall submit the completed sanitary permit to the governmental unit. The governmental unit shall approve or disapprove the sanitary permit according to the rules promulgated by the department under this chapter. No person may sell at retail, as defined under
s. 100.201 (1) (d), a septic tank for installation in this state unless the purchaser holds a valid sanitary permit issued under this section.
145.19(2)
(2) Fee. No fee for a sanitary permit may be less than $61, or the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private sewage systems may establish a fee for a sanitary permit which is more than $61, or the amount determined under department rule.
145.19(3)
(3) Copy of permit forwarded to the department. The governmental unit responsible for the regulation of private sewage systems shall forward a copy of each valid sanitary permit and $20, or the amount determined under department rule, of the fee to the department within 90 days after the permit is issued.
145.19(4)
(4) Use of fee. The portion of this fee retained by the governmental unit responsible for the regulation of private sewage systems shall be used for the administration of private sewage system programs.
145.19(5)
(5) Fee adjustment. The department, by rule promulgated under
ch. 227, may adjust the minimum permit fee under
sub. (2) and the fee portion forwarded under
sub. (3).
145.19(6)
(6) Groundwater fee. In addition to the fee under
sub. (2), the governmental unit responsible for the regulation of private sewage systems shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the copy of the sanitary permit and the fee under
sub. (3). The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
145.19 Cross-reference
Cross Reference: See also s.
Comm 2.67, Wis. adm. code.
145.195
145.195
Building on unsewered property. 145.195(1)
(1) No county, city, town or village may issue a building permit for construction of any structure requiring connection to a private domestic sewage treatment and disposal system unless a system satisfying all applicable regulations already exists to serve the proposed structure or all permits necessary to install such a system have been obtained.
145.195(2)
(2) Before issuing a building permit for construction of any structure on property not served by a municipal sewage treatment plant, the county, city, town or village shall determine that the proposed construction does not interfere with a functioning private domestic sewage treatment and disposal system. The county, city, town or village may require building permit applicants to submit a detailed plan of the owner's existing private domestic sewage treatment and disposal system.
145.195 History
History: 1977 c. 258;
1999 a. 150 s.
87; Stats. 1999 s. 145.195.
145.195 Cross-reference
Cross Reference: See also ch.
Comm 85, Wis. adm. code.
145.195 Annotation
An onsite inspection of an existing private sewage system must be made before a building permit may be issued for any type of construction requiring a connection to that system.
75 Atty. Gen. 38.
145.20
145.20
Private sewage systems. 145.20(1)(a)(a) The governing body of the governmental unit responsible for the regulation of private sewage systems may assign the duties of administering the private sewage system program to any office, department, committee, board, commission, position or employee of that governmental unit.
145.20(1)(am)
(am) The governing body of the governmental unit responsible for the regulation of private sewage systems may delegate the duties of administering the private sewage system program to a town sanitary district or public inland lake protection and rehabilitation district with the powers of a town sanitary district within the town sanitary district or public inland lake protection and rehabilitation district if the town sanitary district or public inland lake protection and rehabilitation district agrees to assume those duties.
145.20(1)(b)
(b) The governmental unit responsible for the regulation of private sewage systems shall obtain the services of a certified soil tester, either as an employee or under contract, to review and verify certified soil tester reports under
sub. (2).
145.20(2)
(2) Governmental unit responsibilities. The governmental unit responsible for the regulation of private sewage systems shall:
145.20(2)(a)
(a) Review certified soil tester reports for proposed private sewage systems and verify the report at the proposed site, if necessary.
145.20(2)(b)
(b) Approve or disapprove applications for sanitary permits and assist applicants in preparing an approvable application.
145.20(2)(c)
(c) Issue written notice to each applicant whose sanitary permit application is disapproved. Each notice shall state the specific reasons for disapproval and amendments to the application, if any, which render the application approvable. Each notice shall also give notice of the applicant's right to appeal and the procedures for conducting an appeal under
ch. 68.
145.20(2)(d)
(d) Inspect all private sewage systems after construction but before backfilling no later than the end of the next workday, excluding Saturdays, Sundays and holidays, after receiving notice from the plumber in charge.
145.20(2)(e)
(e) File reports and conduct surveys and inspections as required by the governmental unit responsible for the regulation of private sewage systems or the department.
145.20(2)(f)
(f) Investigate violations of the private sewage system ordinance and
s. 254.59 (2), issue orders to abate the violations and submit orders to the district attorney, corporation counsel or attorney general for enforcement.
145.20(2)(g)
(g) Perform other duties regarding private sewage systems as considered appropriate by the governmental unit responsible for the regulation of private sewage systems or as required by the rules of the department.
145.20(2)(h)
(h) Inspect existing private sewage systems to determine compliance with
s. 145.195 if a building or structure is being constructed which requires connection to an existing private sewage 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 sewage system.
145.20(3)(a)1.1. The department may specify categories of private sewage systems for which approval by the department is required prior to issuance of sanitary permits by the governmental unit responsible for the regulation of private sewage systems.
145.20(3)(a)2.
2. The department may exempt a governmental unit from any category of private sewage systems for which departmental approval is required prior to sanitary permit issuance under
subd. 1., upon a determination, in accordance with rules promulgated by the department, that past performance of the governmental unit on reviews and audits under
par. (b) has been satisfactory and that the governmental unit has the capacity to give the same level of application and plan review as that provided by the department. The department may revoke an exemption upon a finding that performance of the governmental unit on a review or audit conducted subsequent to the granting of the exemption is unsatisfactory or that the governmental unit is not giving the same level of application and plan review as that provided by the department. Findings in a revocation action may be made only after a public hearing upon 30 days' advance notice to the clerk of the governmental unit. The department shall submit a report under
s. 13.172 (2) to the chief clerk of each house of the legislature, at the beginning of each legislative session, describing the exemptions under this subdivision.
145.20(3)(b)
(b) The department shall review the private sewage system program in each governmental unit responsible for the regulation of private sewage systems to ascertain compliance with
sub. (2) and with regulations issued by the department. This review shall include a random audit of sanitary permits, including verification by on-site inspection.
145.20(3)(c)
(c) If the governing body for a governmental unit responsible for the regulation of private sewage systems does not adopt a private sewage 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 (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 (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 sewage system until the violation is corrected.
145.20(3)(d)
(d) The department shall conduct training and informational programs for officials of the governmental unit responsible for the regulation of private sewage systems and employees and persons licensed under this chapter and
s. 281.48 and certified as operators of septage servicing vehicles under
s. 281.17 (3) to improve the delivery of service under the private sewage system program. The department shall obtain the assistance of the Wisconsin counties association in planning and conducting the training and informational programs.
145.20(4)
(4) Special assessment for holding and septic tank pumping. A governmental unit may assess the owner of a private sewage system for costs related to the pumping of a septic or holding tank. The governmental unit shall make any assessment in the same manner that a city, village or town makes an assessment under
s. 66.0703.
145.20 Cross-reference
Cross Reference: See also ch.
Comm 85, Wis. adm. code.
145.23
145.23
Rules. The department may make and enforce rules relating to lot size and lot elevation necessary for proper sanitary conditions in the development and maintenance of subdivisions not served by a public sewer, where provision for such service has not been made.
145.23 History
History: 1979 c. 221 ss.
607,
649.
