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 sewage system unless a private sewage system satisfying all applicable regulations already exists to serve the proposed structure or all permits necessary to install a private sewage 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 sewage system. The county, city, town or village may require building permit applicants to submit a detailed plan of the owner's existing private sewage system.
145.195 History
History: 1977 c. 258;
1999 a. 150 s.
87; Stats. 1999 s. 145.195;
2007 a. 147.
145.195 Cross-reference
Cross-reference: See also ch.
Comm 83, 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(5)(a)(a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private sewage systems. The department shall determine the private sewage systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private sewage 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 sewage systems constructed in a governmental unit responsible for the regulation of private sewage systems on or before the date on which the governmental unit adopts the program. The department shall determine the private sewage systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under
s. 145.245 (9).
145.20(5)(am)
(am) Each governmental unit responsible for the regulation of private sewage systems shall adopt and begin the administration of the program established under
par. (a) before October 1, 2015. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private sewage systems located in the governmental unit and shall complete the initial inventory before October 1, 2013. In order to be eligible for grant funding under
s. 145.245, a governmental unit must comply with these deadlines.
145.20(5)(b)
(b) The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years if the private sewage system does not have a maintenance plan as prescribed by rule by the department. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under
s. 281.48 or by an employee of the state or governmental unit designated by the department, and the department may determine by rule other persons who are qualified to undertake required inspection, maintenance, or repairs. The department shall specify the methods to establish the required frequency of inspection, maintenance, and pumping for each type of private sewage system that does not have a maintenance plan and shall periodically update the methods.
145.20(5)(c)
(c) The department of natural resources may suspend or revoke a license issued under
s. 281.48 or a certificate issued under
s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of commerce may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.
145.20(6)
(6) Restrictions on reviewers and inspectors. 145.20(6)(a)(a) Except as provided in
par. (b), a governmental unit employee who has responsibilities related to any of the activities under
sub. (2) (a) to
(i) may not do any of the following in the county in which the employee is employed or in an adjacent county:
145.20(6)(a)1.
1. Conduct any activities for which certification is required under
s. 145.045 (1), except that the employee may review and verify soil tester reports as provided in
sub. (2) (a).
145.20(6)(a)2.
2. Install, design, maintain, repair, or sell a private sewage system, component of a private sewage system, drain field designed to serve a private sewage system, or pipe from a private sewage system to the immediate inside of the existing or proposed foundation wall of the building served by the private sewage system.
145.20(6)(b)
(b) Paragraph (a) does not apply to activities performed by an employee on property owned by the employee that is outside of the governmental unit for which the employee works.
145.20 Cross-reference
Cross-reference: See also ch.
Comm 83, Wis. adm. code.
145.20 Note
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
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.
145.24(1)(1) If an existing private sewage 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, the owner of the private sewage system may petition the department for a variance to the siting or design standards.
145.24(2)
(2) The department shall establish procedures for the review and evaluation of existing private sewage systems which do not comply with siting or design standards.
145.24(3)
(3) Upon receipt of a petition for a variance, the department shall require the owner of the private sewage system to submit information necessary to evaluate the request for a variance. If the department determines that the existing private sewage system is not a failing private sewage system, and continued use of the existing private sewage system will not pose a threat of contamination of waters of the state, then the department may issue a variance to allow continued use of the existing private sewage system. The department shall rescind the variance if the existing private sewage system becomes a failing private sewage system or contaminates waters of the state.
145.24 History
History: 1983 a. 410.
145.245
145.245
Private sewage system replacement or rehabilitation. 145.245(1)(a)
(a) "Determination of failure" means any of the following:
145.245(1)(a)1.
1. A determination that a private sewage system is failing, according to the criteria under
sub. (4), based on an inspection of the private sewage system by an employee of the state or a governmental unit who is certified to inspect private sewage systems by the department.
145.245(1)(ae)
(ae) "Governmental unit" means a governmental unit responsible for the regulation of private sewage systems. "Governmental unit" also includes a federally recognized American Indian tribe or band.
145.245(1)(am)
(am) "Indian lands" means lands owned by the United States and held for the use or benefit of Indian tribes or bands or individual Indians and lands within the boundaries of a federally recognized reservation that are owned by Indian tribes or bands or individual Indians.
145.245(1)(b)
(b) "Participating governmental unit" means a governmental unit which applies to the department for financial assistance under
sub. (8) and which meets the conditions specified under
sub. (9).
145.245(1)(c)
(c) "Principal residence" means a residence which is occupied at least 51% of the year by the owner.
145.245(1)(dm)
(dm) "Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in
s. 101.01 (12), with such surface water or groundwater as may be present.
