The person has practical experience in plumbing in another state that the department determines is equivalent to the experience required under this chapter.
History: 1981 c. 60
Investigations, hearings; suspension, revocation. 145.10(1)(1)
The department may make investigations and conduct hearings and may, on its own or upon complaint in writing duly signed and verified by the complainant, and after providing not less than 10 days' notice to the licensee, suspend any master or journeyman plumber's license, cross-connection control tester's registration, utility contractor's license or temporary permit if it has reason to believe, and may revoke such license, registration or permit in the manner provided under this section if it finds, that the holder of such license, registration or permit has:
Made a material misstatement in the application for a license or registration or renewal thereof or for a temporary permit;
Committed gross negligence or misconduct or is incompetent in the practice covered by the person's license, registration or permit;
Failed to correct an installation for which he or she is responsible, at his or her own expense, within 30 days following notification by the department of a violation of any rule adopted under this chapter; or
A copy of the complaint with notice of the suspension of license, registration or permit shall be served on the person complained against, and the person's answer to the complaint shall be filed with the department and the complainant within 10 days after service. The department shall thereupon set the matter for hearing as promptly as possible and within 30 days after the date of filing the complaint. Either party may appear at the hearing in person or by attorney or agent. The department shall make its findings and determination within 90 days after the date that the hearing is concluded and send a copy to each interested party.
No order revoking a license, registration or permit shall be made until after a public hearing to be held before the department at such place as the department designates. At least 10 days prior to the hearing the department shall send written notice of the time and place of the hearing to the licensee or permittee and to the person's attorney or agent of record by mailing the notice to the last-known address of such persons. The testimony presented and proceedings had at the hearing shall be recorded and preserved as the records of the department. The department shall as soon thereafter as possible make its findings and determination and send a copy to each interested party. One year after the date of revocation, application may be made for a new license or registration.
Advertising restrictions. 145.11(1)
No person offering plumbing services may do any of the following, unless the person is a licensed master plumber or employs a licensed master plumber:
Advertise as a plumbing contractor, master plumber or plumber.
Append his or her name to, or in connection with, the title “plumbing contractor", “master plumber" or “plumber".
Append his or her name to any other title or words that may tend to represent the person as a plumbing contractor, master plumber or plumber.
No person other than a licensed master plumber shall use or display the title “Master Plumber" or append his or her name to or in connection with such title or any other title or words which represent or may tend to represent him or her as a licensed master plumber. Every holder of a master plumber's license shall promptly notify the department of any change of his or her business address.
Any person who advertises as a master plumber through the use of printed material designed for public distribution shall include in the advertisement the number of his or her license as a master plumber. Any person who advertises as a plumbing contractor through the use of printed material designed for public distribution shall include in the advertisement the license number of the master plumber employed by the plumbing contractor.
(4) Subsection (1)
does not apply to any person who advertises as providing services for which no license is required under s. 145.06
, unless the person holds himself or herself out as providing services for which a license is required.
History: 1983 a. 125
; 1993 a. 482
Prohibitions and penalties. 145.12(1)
Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise as a master plumber, as an automatic fire sprinkler contractor or as a business establishment holding an automatic fire sprinkler-maintenance only registration certificate without first having secured the required license or certificate, or who otherwise violates any provisions of this chapter, shall be fined not less than $100 nor more than $500 or imprisoned for 30 days or both. Each day such violation continues shall be a separate offense.
Any person violating this chapter or failing to obey a lawful order of the department, or a judgment or decree of a court in connection with this chapter, may be imprisoned for not more than 3 months or fined not more than $500.
Any master plumber who shall employ an apprentice on plumbing representing the apprentice to be a journeyman, or who shall charge for an apprentice a journeyman's wage, shall be punished by a fine of not more than $25, or by imprisonment in the county jail for not more than 30 days. Each day of violation shall be a separate offense.
Any person who violates any order under s. 145.02 (3) (f)
or 145.20 (2) (f)
or any rule or standard adopted under s. 145.13
shall forfeit not less than $10 nor more than $1,000 for each violation. Each violation of an order under s. 145.02 (3) (f)
or 145.20 (2) (f)
or a rule or standard under s. 145.13
constitutes a separate offense and each day of continued violation is a separate offense.
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
or 145.20 (6)
. The department may not assess a forfeiture exceeding $2,000 for each violation.
The department shall promulgate rules specifying the procedures governing the assessment of forfeitures under this subsection including the following:
The procedure for issuing an order for an alleged violation.
The amount of a forfeiture that the department may assess for an alleged violation, subject to the limit under par. (a)
The procedure for contesting an order issued for an alleged violation.
The procedure for contesting the assessment of a forfeiture for an alleged violation.
The department shall remit all forfeitures paid under this subsection to the secretary of administration for deposit in the school fund.
All forfeitures that are not paid as required under this subsection shall accrue interest at the rate of 12 percent per year.
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 forfeiture or interest has not been paid after the exhaustion of all administrative and judicial reviews.
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.
Wisconsin administrative code ch. Comm 83 [now ch. SPS 383], 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
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.
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.
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)
, but licenses issued under sub. (2) (b)
may extend to any number of items under that paragraph.
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:
Systems or services.
Persons classified under this paragraph may install septic tanks for private on-site wastewater treatment systems, may install drain fields designed to serve such septic tanks, and may install sewer service from the septic tank or sewer extensions from mains to the immediate inside or proposed inside foundation wall of the building. Such persons may also install water services, stormwater use systems, and reclaimed water systems if the services or systems are to be located outside the foundation wall of the building.
Appliances, equipment or devices.
Under this paragraph persons installing a water treatment device, a water heater, or any other item in connection with a water distribution system, including a stormwater use or reclaimed water system, which does not require a direct connection to a drain system are limited to making connections 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.
No city, village, town or county may require the licensing of any person licensed or registered under ss. 145.15
for any activity regulated under ss. 145.15
or rules adopted thereunder.
All licenses issued under ss. 145.15
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.
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
without being required to pass any written, oral or practical examination qualifying the person for a license under ss. 145.15
. Any such person shall apply for the appropriate license and pay the appropriate license fee.
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.
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.
History: 1971 c. 255
; 1979 c. 221
See also s. SPS 305.53
, Wis. adm. code.
Automatic fire sprinkler fitter-maintenance only registration. 145.165(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.
History: 1981 c. 20
See also ss. SPS 305.54
, Wis. adm. code.
Inspectors and rule making. 145.17(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 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. 15.407 (17)
, shall advise the department in formulating the rules.
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.
History: 1981 c. 20
See also ss. SPS 305.53
, and 305.54
, Wis. adm. code.
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.
History: 1971 c. 255
; 1981 c. 20
Sanitary permits. 145.19(1b)(1b)
In this section, “sanitary permit" means a permit authorizing the installation of a private on-site wastewater treatment system that is issued by the department or any governmental unit responsible for the regulation of private on-site wastewater treatment systems.
(1g) Permit required.
No person may purchase or install a private on-site wastewater treatment system unless the owner of the property on which the private on-site wastewater treatment system is to be installed holds a valid sanitary permit issued under this section. 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.
(1m) Application process.
The department shall prescribe the information to be included in an application for a sanitary permit. The applicant shall submit the completed application for a 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.
(1r) Test results.
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 where the property is located. The governmental unit 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.
No fee for a sanitary permit may be less than the amount determined under department rule. The governing body for the governmental unit responsible for the regulation of private on-site wastewater treatment systems may establish a fee for a sanitary permit which is more than the amount determined under department rule. A governmental unit may not charge more than one fee for a sanitary permit or the renewal of a sanitary permit in any 12-month period.
(3) Fees and records of permits forwarded to the department.
The governmental unit responsible for the regulation of private on-site wastewater treatment systems shall forward to the department within 90 days after each valid permit is issued a portion of the fee, as determined under department rule. The governmental unit shall also compile a periodic summary of the permits that it has issued. The summary shall contain the information required by the department by rule, and shall be submitted by the governmental unit to the department at intervals to be determined by the department by rule.
(3m) Notice in permit.
A sanitary permit shall include a notice displayed conspicuously and separately on the permit form, to inform the permit holder that:
The purpose of the sanitary permit is to allow installation of the private on-site wastewater treatment system described in the permit.
The approval of the sanitary permit is based on regulations in force on the date of approval.
The sanitary permit is valid and may be renewed for a specified period.
Changed regulations will not impair the validity of a sanitary permit.
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.
(4) Use of fee.
The portion of this fee retained by the governmental unit responsible for the regulation of private on-site wastewater treatment systems shall be used for the administration of private on-site wastewater treatment system programs.
(6) Groundwater fee.
In addition to the fee under sub. (2)
, the governmental unit responsible for the regulation of private on-site wastewater treatment 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 fee under sub. (3)
. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
(7) Period of validity.
A sanitary permit is valid for 2 years from the date of issue and renewable for similar periods thereafter. 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 on-site wastewater treatment system ordinance during that period.