145.19   Sanitary permits.
145.195   Building on unsewered property.
145.20   Private on-site wastewater treatment systems.
145.23   Rules.
145.24   Variances.
145.245   Private on-site wastewater treatment system replacement or rehabilitation.
145.26   Public swimming pool plan review.
Ch. 145 Cross-reference Cross-reference: See also chs. SPS 305, 381, 382, 383, 384, 385, 386, 387, and 391, Wis. adm. code.
145.01 145.01 Definitions. In this chapter:
145.01(1) (1)Automatic fire sprinkler contractor. “Automatic fire sprinkler contractor" means any individual, firm or corporation who has paid the annual license fee and obtained a license to conduct a business in the design, installation, maintenance or repair of automatic fire sprinkler systems.
145.01(2) (2)Automatic fire sprinkler system. “Automatic fire sprinkler system", for fire protection purposes, means an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The system includes a suitable water supply, such as a gravity tank, fire pump, reservoir or pressure tank or connection beginning at the supply side of an approved gate valve located at or near the property line where the pipe or piping system provides water used exclusively for fire protection and related appurtenances and to standpipes connected to automatic sprinkler systems. The portion of the sprinkler system above ground is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area.
145.01(3) (3)Automatic fire sprinkler system apprentice. “Automatic fire sprinkler system apprentice" means any person other than an automatic fire sprinkler system contractor or a journeyman automatic fire sprinkler system fitter who is engaged in learning and assisting in the installation of automatic fire sprinkler systems and who is employed under an apprentice contract under s. 106.01.
145.01(3m) (3m)Cross-connection control device. “Cross-connection control device" means any mechanical device that automatically prevents backflow from a contaminated source in or into a water supply system.
145.01(3s) (3s)Cross-connection control tester. “Cross-connection control tester" means a person who conducts a performance test of an installed cross-connection control device.
145.01(4) (4)Department. “Department" means the department of safety and professional services.
145.01(4m) (4m)Failing private on-site wastewater treatment system. “Failing private on-site wastewater treatment system" has the meaning specified under s. 145.245 (4).
Effective date note NOTE: Sub. (4m) is affected eff. 6-30-21 by 2017 Wis. Act 59 to read:
Effective date text (4m) Failing private on-site wastewater treatment system. “Failing private on-site wastewater treatment system" means a private on-site wastewater treatment system that meets the criteria established by the department for determining if a private on-site wastewater treatment system is failing. A failing private on-site wastewater treatment system is one that causes or results in any of the following conditions:
Effective date text (a) The discharge of sewage into surface water or groundwater.
Effective date text (b) The introduction of sewage into zones of saturation that adversely affects the operation of a private on-site wastewater treatment system.
Effective date text (c) The discharge of sewage to a drain tile or into zones of bedrock.
Effective date text (d) The discharge of sewage to the surface of the ground.
Effective date text (e) The failure to accept sewage discharges and back up of sewage into the structure served by the private on-site wastewater treatment system.
145.01(5) (5)Governmental unit responsible for regulation of private on-site wastewater treatment systems. “ Governmental unit responsible for the regulation of private on-site wastewater treatment systems" or “governmental unit", unless otherwise qualified, means the county except that in a county with a population of 750,000 or more these terms mean the city, village or town where the private on-site wastewater treatment system is located.
145.01(6) (6)Journeyman automatic fire sprinkler fitter. “Journeyman automatic fire sprinkler fitter" means any person other than an automatic fire sprinkler contractor who is engaged in the practical installation of automatic fire sprinkler systems.
145.01(7) (7)Journeyman plumber. “Journeyman plumber" means any person other than a master plumber, who is engaged in the practical installation of plumbing.
145.01(8) (8)Master plumber. “Master plumber" means any person skilled in the planning, superintending and the practical installation of plumbing and familiar with the laws, rules and regulations governing the same.
145.01(9) (9)Pipelayer. “Pipelayer" means a person registered under s. 145.07 (11).
145.01(10) (10)Plumbing.
145.01(10)(a) (a) “Plumbing" means:
145.01(10)(a)1. 1. All piping, fixtures, appliances, equipment, devices, and appurtenances in connection with water supply systems, water distribution systems, wastewater drainage systems, reclaimed water systems, and stormwater use systems, including hot water storage tanks, water treatment devices, and water heaters connected with these systems and also includes the installation thereof.
145.01(10)(a)2. 2. The construction, connection, installation, service, or repair of any drain or wastewater piping system that connects to the mains or other terminal within the bounds of, or beneath an area subject to easement for highway purposes, including private on-site wastewater treatment systems and stormwater treatment and dispersal systems, and the alteration of any such systems, drains or wastewater piping.
145.01(10)(a)3. 3. The construction, connection, installation, service, or repair of water service piping that connects to the main or other water utility service terminal within the bounds of, or beneath an area subject to easement for highway purposes and its connections.
145.01(10)(a)4. 4. The water pressure system other than municipal systems as provided in ch. 281.
145.01(10)(a)5. 5. A plumbing and drainage system so designed and vent piping so installed as to keep the air within the system in free circulation and movement; to prevent with a margin of safety unequal air pressures of such force as might blow, siphon or affect trap seals, or retard the discharge from plumbing fixtures, or permit sewer air to escape into the building; to prohibit cross-connection, contamination or pollution of the water supply and distribution systems; and to provide an adequate supply of water to properly serve, cleanse and operate all fixtures, equipment, appurtenances and appliances served by the plumbing system.
145.01(10)(br) (br) “Plumbing" does not include any of the following:
145.01(10)(br)1. 1. A rainwater gutter or downspout down to the point that it discharges into a plumbing system, a subsoil drain, or a foundation drain.
145.01(10)(br)2g. 2g. A process water reuse system if the process water reuse system is not connected to any plumbing fixture or appliance.
145.01(10)(br)2m. 2m. A stormwater culvert under a roadway or walkway that is placed there only to equalize the water level from one end of the culvert to the other end.
145.01(10)(br)3. 3. The practical installation of process piping within a sewage disposal plant.
145.01(11) (11)Plumbing apprentice. “Plumbing apprentice" means any person other than a journeyman or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage.
145.01(12) (12)Private on-site wastewater treatment system. “Private on-site wastewater treatment system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private on-site wastewater treatment system may be owned by the property owner or by a special purpose district.
145.01(13) (13)Registered learner. “Registered learner" means a person, other than a restricted plumber licensee, who is learning a limited type of plumbing and is engaged in assisting a restricted plumber licensee.
145.01(14) (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.
145.01(15) (15)Utility contractor. “Utility contractor" means a person licensed under s. 145.07 (10).
145.01(17) (17)Waters of the state. “Waters of the state" has the meaning specified under s. 281.01 (18).
145.02 145.02 Powers of department.
145.02(1)(1)The construction, installation and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe, sanitary and such as to safeguard the public health and the waters of the state.
145.02(2) (2)
145.02(2)(a)(a) The department shall have general supervision of all plumbing described under sub. (1). The department shall promulgate rules that shall uniformly apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision. The rules promulgated by the department shall constitute the state plumbing code. The state plumbing code shall comply with ch. 160. 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. The standards do not apply to a primitive rural hunting cabin, as defined in s. 101.61 (3).
145.02(2)(b) (b) The department shall promulgate rules that establish separate plumbing standards applicable only to camping units that are set in a fixed location in a campground for which a permit is issued under s. 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. The standards established in the rules shall also take into account the uses, including seasonal use, that are unique to recreational and educational camps, as defined in s. 101.053 (1). If the department has appointed one or more committees under s. 227.13 to advise the department on rule making with respect to private on-site wastewater treatment systems or other plumbing systems, the department shall promulgate the rules required under this paragraph in consultation with those committees.
145.02(3) (3)The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. It may, among other things:
145.02(3)(a) (a) Employ competent supervisors who shall be licensed plumbers, and other assistants, prescribe their qualifications and assign their duties.
145.02(3)(b) (b) Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and may hold public meetings and attend or be represented at such meetings within or without the state.
145.02(3)(c) (c) Enter and inspect at reasonable hours plumbing installations on private or public property and may disseminate information relative to the provisions of this chapter.
145.02(3)(d) (d) Prepare and cause to be printed such codes, bulletins or other documents as may be necessary and furnish copies thereof to those engaged in the plumbing business and to the public upon request.
145.02(3)(e) (e) Furnish upon request of the owner of the building or of the plumber making the plumbing installation, recommendations or a certificate of inspection.
145.02(3)(f) (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 the department shall issue orders related to occupational licenses, as defined in s. 101.02 (1) (a) 2., 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.
145.02(3)(g) (g) By rule, fix fees for the examination and approval of plans of plumbing systems and collect the same.
145.02(3)(h) (h) Promulgate rules concerning the testing of cross-connection control devices, including rules identifying the types of cross-connection control devices that may be tested only by a registered cross-connection control tester and the circumstances under which cross-connection control devices shall be tested.
145.02(4) (4)
145.02(4)(a)(a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s. 15.407 (16), shall advise the department in formulating the rules.
145.02(4)(b) (b) The department may promulgate rules for the qualification and registration of cross-connection control testers.
145.02(5) (5)
145.02(5)(a)(a) The department may appoint a city, village, town, or county as an agent of the department that is authorized to review and approve plumbing plans and specifications for plumbing installations specified by the department for public buildings, as defined in s. 101.01 (12), and places of employment, as defined in s. 101.01 (11).
145.02(5)(b)1.1. In this paragraph, “ agent appointment” means an appointment under par. (a) or s. SPS 382.20 (2), Wis. Adm. Code.
145.02(5)(b)2. 2. The department shall establish requirements for cities, villages, towns, and counties to electronically renew agent appointments every 5 years. The process shall allow cities, villages, towns, and counties with agent appointments made 5 years or more before April 5, 2018, to renew those agent appointments within deadlines specified by the department.
145.02 Cross-reference Cross-reference: See also chs. SPS 327, 381, 382, 383, 384, 385, 386, 387, and 391, Wis. adm. code.
145.02 Annotation Sub. (2) did not invalidate a town ordinance prohibiting residential sewage holding tanks. Konkel v. Town of Raymond, 101 Wis. 2d 704, 305 N.W.2d 190 (Ct. App. 1981).
145.02 Annotation Counties must obtain state approval before permitting private experimental sanitation systems. Citizen committees appointed by the county board may not engage in setting plumbing standards. 60 Atty. Gen. 209.
145.04 145.04 Water and sewerage systems.
145.04(1)(1)Ordinance rules. A 1st, 2nd or 3rd class city with a water system or sewerage system shall, and a village, 4th class city, town, county or metropolitan sewerage commission may, by ordinance, prescribe rules relating to local permits for the installation, alteration and inspection of plumbing to safeguard the public health.
145.04(2) (2)No local licenses. No city, village, town, town sanitary district, county, metropolitan sewerage district commission or other agency may require the licensing of any person licensed or registered under this chapter or prohibit the person from engaging in or working at business within the scope of the person's license or permit.
145.04(3) (3)Reports to department. The authorities of any such city or metropolitan sewerage district shall report to the department each failure on the part of a state licensed plumber to qualify as a journeyman or master plumber and each willful violation of any plumbing regulation.
145.04 History History: 1971 c. 194; 1989 a. 56; 1993 a. 482; 1995 a. 378.
145.045 145.045 Certification of soil testers.
145.045(1)(1)Powers and duties. The department shall by rule establish an examining program for the certification of soil testers, setting such standards as the department finds necessary to accomplish the purposes of this chapter. Such standards shall include formal written examinations for all applicants. The department shall charge applicants for the cost of examination and certification. After July 1, 1974, no person may construct soil bore holes or conduct soil percolation tests or other similar tests specified by the department that relate to private on-site wastewater treatment systems unless the person holds a valid certificate issued under this section.
145.045(3) (3)Plumbers may be soil testers. A plumber 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.
145.045 Cross-reference Cross-reference: See also s. SPS 305.33, Wis. adm. code.
145.045 Annotation Soil absorption tests conducted by persons certified under this section must be accepted by county governments. 63 Atty. Gen. 586.
145.05 145.05 Plumbing supervisors, supervision.
145.05(1)(1)The common council of a 1st, 2nd or 3rd class city with a water system or sewerage system, or the officer or board in charge, shall appoint one or more plumbing supervisors, who shall be licensed plumbers, and unless under civil service shall serve for a term of 4 years or more subject to removal for just cause except as otherwise provided by ordinance when first appointed, but need not renew their licenses while they continue in office. The common council of a 4th class city, the board of a village, town or county or the commissioner in charge of any metropolitan sewerage district may appoint one or more plumbing supervisors who shall be practical plumbers, skilled sanitarians, or competent persons familiar with plumbing and unless under civil service shall serve for a term of 4 years or more subject to removal for just cause except as otherwise provided by ordinance. They shall supervise all plumbing, new or alterations or repairs, and report to the appointing body violations of regulations, and perform such other appropriate duties as may be required. Their compensation shall be fixed by the council, board or commission.
145.05(2) (2)If a water system or sewerage system is established in any city, village, town or metropolitan sewerage district which has not provided for a board or officer to supervise plumbing, drainage and sewerage, the department shall take immediate and entire control of plumbing, drainage and sewerage intended to be connected with the water system or sewerage system, and exercise all the powers conferred by this section until such municipalities or district provides for such supervision.
145.05 History History: 1989 a. 56; 1995 a. 378.
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