Ch. SPS 382 NoteNote: Sections ILHR 82.01 to 82.25, 82.15 and 82.17 to 82.25 as they existed on February 28, 1985 were repealed and new sections ILHR 82.01 to 82.36 and 82.51 and 82.60 were created effective March 1, 1985. Chapter ILHR 82 was renumbered chapter Comm 82 under s. 13.93 (2m) (b) 1., Stats. and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494. Chapter Comm 82 was renumbered chapter SPS 382 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672. SPS 382.01SPS 382.01 Scope. The provisions of this chapter apply uniformly to the design, construction, installation, supervision, maintenance and inspection of plumbing, including but not limited to sanitary and storm drainage, water supplies, wastewater treatment, and dispersal or discharge for buildings, except for POWTS systems as regulated by ch. SPS 383. SPS 382.015SPS 382.015 Purpose. Pursuant to s. 145.02, Stats., the purpose of this chapter is to provide that all plumbing in connection with buildings and facilities in the 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. SPS 382.015 HistoryHistory: CR 02-002: cr. Register April 2003 No. 568, eff. 5-1-03. SPS 382.03(1)(1) The provisions of this chapter are not retroactive, unless specifically stated otherwise in the rule. SPS 382.03(2)(2) Pursuant to s. 145.02 (2), Stats., this chapter is uniform in application and a municipality may not enact an ordinance for the design, construction, installation, supervision, maintenance and inspection of plumbing which is more stringent than this chapter, except as specifically permitted by rule. SPS 382.03(3)(3) A department interpretation of the requirements in this chapter shall supersede any differing interpretation by a lower level jurisdiction. A department decision on the application of the requirements in this chapter shall supersede any differing decision by a lower level jurisdiction. SPS 382.03 NoteNote: A decision of the department may be appealed. Section 101.02 (6) (e), Stats., outlines the procedure for submitting requests to the department for appeal hearings and the department procedures for hearing appeals. SPS 382.10SPS 382.10 Basic plumbing principles. This chapter is founded upon basic principles of environmental sanitation and safety through properly designed, installed and maintained plumbing systems. Some of the details of plumbing construction may vary, but the basic sanitary and safety principles desirable and necessary to protect the health of people are the same. As interpretations may be required and as unforeseen situations arise which are not specifically addressed, the following intent statements and basic requirements shall be used to evaluate equivalency where applicable: SPS 382.10(1)(a)(a) Plumbing in connection with all buildings, public and private, intended for human occupancy, shall be installed and maintained in such a manner so as to protect the health, safety and welfare of the public or occupants and the waters of the state. SPS 382.10(1)(b)(b) Plumbing fixtures, appliances and appurtenances, whether existing or to be installed, shall be supplied with water in sufficient volume and at pressures adequate to enable the fixtures, appliances and appurtenances to function properly and efficiently at all times and without undue noise under normal conditions of use. Plumbing systems shall be designed and adjusted to use the minimum quantity of water consistent with proper performance and cleaning. SPS 382.10(1)(c)(c) Devices for heating and storing water in pressure vessels or tanks shall be so designed and installed as to prevent dangers of explosion or overheating. SPS 382.10(1)(d)(d) Drain systems shall be designed, constructed and maintained so as to conduct the wastewater or sewage efficiently and shall have adequate cleanouts. SPS 382.10(1)(e)(e) The drain systems shall be so designed as to provide an adequate circulation of air in all pipes and no danger of siphonage, aspiration or forcing of trap seals under conditions of ordinary use. SPS 382.10(1)(f)(f) A plumbing system shall be of durable material, free from defective workmanship, and designed and constructed so as to provide satisfactory service for its reasonable expected life. SPS 382.10(1)(g)(g) Proper protection shall be provided to prevent contamination of food, water, sterile goods and similar materials by backflow of wastewater. SPS 382.10(1)(h)(h) All plumbing fixtures shall be installed so as to provide adequate spacing and accessibility for the intended use and cleaning. SPS 382.10(2)(a)(a) Every building intended for human occupancy shall be provided with an adequate, safe and potable water supply. SPS 382.10(2)(b)(b) To fulfill the basic needs of sanitation and personal hygiene, each dwelling, with the exception of camping units, connected to a POWTS or public sewer shall be provided with at least the following plumbing fixtures: one water closet, one wash basin, one kitchen sink and one bathtub or shower, except a system or device recognized under ch. SPS 391 may be substituted for the water closet. All other structures for human occupancy shall be equipped with sanitary facilities in sufficient numbers as specified in chs. SPS 361 to 366. SPS 382.10(2)(c)(c) Hot or tempered water shall be supplied to all plumbing fixtures that normally require hot or tempered water for proper use and function. SPS 382.10(2)(d)(d) Where plumbing fixtures exist in a building that is not connected to a public sewer system, suitable provision shall be made for treating, recycling, dispersing or holding the wastewater. SPS 382.10(2)(e)(e) Plumbing fixtures shall be made of durable, smooth, non-absorbent and corrosion resistant material, and shall be free from concealed fouling surfaces. SPS 382.10 HistoryHistory: Cr. Register, February, 1985, No. 350, eff. 3-1-85; correction in (3) made under s. 13.93 (2m) (b) 7., Stats; am. (2), Register, August, 1991, No. 428, eff. 9-1-91; am. (3), Register, March, 1992, No. 435, eff. 4-1-92; r. (7) and renum. (8) to (15) to be (7) to (14), Register, February, 2000, No. 530, eff. 3-1-00; am. (2), (7) and (12), r. and recr. (3) and r. (14), Register, April, 2000, No. 532, eff. 7-1-00; CR 01-139: am. (3) Register June 2002 No. 558, eff. 7-1-02; CR 02-002: r. and recr. Register April 2003 No. 568, eff. 5-1-03; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2008 No. 626; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 23-006: am. (2) (b) Register September 2023 No. 813, eff. 10-1-23. SPS 382.20SPS 382.20 Plan review and cross connection control assembly registration. SPS 382.20(1)(1) General. Plans and specifications shall be submitted to the department or to an approved agent municipality for review in accordance with pars. (a) and (b). SPS 382.20 NoteNote: The Department forms required in this chapter are available from the Division of Industry Services at P.O. Box 7162, Madison, WI 53707-7162; or at telephone (608) 266-2112 or (877) 617-1565 or 711 (Telecommunications Relay); or at the Division’s Web site at http://dsps.wi.gov/programs/industry-services. SPS 382.20(1)(a)(a) Department review. Plumbing plans and specifications for the types of plumbing installations listed in Table 382.20-1, except direct plumbing fixture replacements, shall be submitted to the department for review, regardless of where the installation is to be located. A municipality shall be designated as an agent municipality in accordance with sub. (2). Written approval for the plumbing plans shall be obtained prior to installation of the plumbing. SPS 382.20(1)(am)(am) Direct plumbing fixture replacement. In this subsection “direct plumbing fixture replacement” means a fixture installed in the place of equipment previously approved by the department that does not increase the fixture load requirements and does not require alteration or modification of piping configuration. SPS 382.20(1)(b)1.1. Plumbing plans and specifications for the types of plumbing installations, except direct plumbing fixture replacements, listed in Table 382.20-2, shall be submitted for review to an agent municipality, if the installation is to be located within the agent municipality or to the department, if the installation is not to be located within an agent municipality. A municipality shall be designated as an agent municipality in accordance with sub. (2). Written approval for the plumbing plans shall be obtained prior to installation of the plumbing. SPS 382.20 NoteNote: For a listing of agent municipalities, see ch. SPS 382 Appendix A-382.20 (2). SPS 382.20 NoteNote: The number of plumbing fixtures to be submitted and reviewed by an agent municipality is a subject of local ordinances.
SPS 382.20(1)(b)2.2. Plan review and approval of one- and 2-family dwellings. Review and approval of plumbing plans for one- and 2-family dwellings shall be in accordance with the provisions specified in s. SPS 320.09. SPS 382.20(1)(c)(c) Cross connection control assembly registration. The installation of each reduced pressure principle backflow preventer, spill resistant vacuum breaker, double check backflow prevention assembly, or pressure vacuum breaker shall be registered with the department no later than 7 days after installation of the assembly. SPS 382.20(2)(2) Agent municipalities. The department may designate to an approved municipality the authority to review and approve plumbing plans and specifications for those plumbing installations to be located within the municipality’s boundary limits and which require approval under sub. (1) (b). SPS 382.20(2)(a)(a) An agent municipality shall utilize a plumbing inspector qualified by the department to conduct plumbing inspection and plan review at a staffing level based on local need. SPS 382.20(2)(a)1.1. The primary duties of the plumbing inspectors shall include plumbing plan review. SPS 382.20(2)(a)2.2. The plumbing inspectors shall be Wisconsin licensed master or journeyman plumbers. SPS 382.20(2)(b)(b) An agent municipality may waive its jurisdiction for plan review and approval for any project, in which case plans shall be submitted to the department for review and approval. SPS 382.20(2)(c)(c) Agent municipalities may set by ordinance the fees for plan review services. SPS 382.20(2)(d)(d) An agent municipality appointment shall be renewed every five years. SPS 382.20(3)(3) Priority plan review. An appointment may be made with the department to facilitate the examination of plans in less than the normal processing time. Complete plans along with the fee specified in s. SPS 302.09, shall be submitted to the department. The plans shall comply with all of the provisions of this section. SPS 382.20(4)(a)(a) One complete set of plans and one copy of specifications which are clear, legible and permanent copies shall be submitted for examination and approval. SPS 382.20(4)(b)1m.1m. All plans submitted for approval shall be accompanied by sufficient data and information for the department to determine if the installation and its performance will meet the requirements of chs. SPS 381 to 384. SPS 382.20(4)(b)2m.2m. Information to accompany the plans shall include the location or address of the installation and the name of the owner. SPS 382.20 NoteNote: For plans proposing the installation, creation or extension of a private interceptor main sewer which is to discharge to a municipal treatment facility, see also ch. NR 121. SPS 382.20(4)(c)(c) Plumbing plans, index sheets and specifications for a plumbing system submitted for review and approval shall be signed in accordance with any of the following methods: SPS 382.20(4)(c)1.1. A Wisconsin registered architect, engineer or plumbing designer shall sign and seal or stamp all plans and accompanying specifications in accordance with ch. A-E 2. SPS 382.20(4)(c)2.2. A master plumber, master plumber-restricted service, master plumber-restricted appliance or a utility contractor shall sign and date all plumbing plans and accompanying specifications as provided under s. 145.06, Stats. Each sheet of plans and specifications submitted shall be signed and dated and shall include the valid Wisconsin license number of the individual responsible for the installation. Where more than one sheet is bound together into one volume, only the title sheet or index sheet shall be signed and dated by the individual responsible for the installation. The signed title or index sheet shall clearly identify all of the other sheets in the volume. SPS 382.20(4)(c)3.3. A pump installer shall sign and date all plumbing plans and accompanying specifications for which the individual is responsible for the installation. Each sheet of plans and specifications submitted shall be signed and dated and shall include the valid Wisconsin license number of the individual responsible for the installation. Where more than one sheet is bound together into one volume, only the title sheet or index sheet shall be signed and dated by the individual responsible for the installation. The signed title or index sheet shall clearly identify all of the other sheets in the volume. SPS 382.20(4)(d)1.1. When requesting approval of an experimental plumbing system, all of the following shall be submitted: SPS 382.20(4)(d)1.a.a. At least 2 sets of plans signed in accordance with par. (d) and detailing the system installation for each site. SPS 382.20(4)(d)1.b.b. A letter of consent from the site or system owner of the installation. The letter shall acknowledge that the owner has received and read a copy of the experimental plumbing system submittal and is in agreement with all requirements listed within this subdivision. SPS 382.20(4)(d)2.2. The registered architect, engineer, designer or master plumber responsible for the design of the experimental plumbing system shall, upon completion, certify in writing to the department that the installation is in compliance with the approved plans, specifications and data. SPS 382.20(4)(d)3.3. Onsite inspections shall be performed by the department at time intervals as specified by the department, but not less than once a year. Time intervals shall be included as conditions of approval. An inspection report shall be written. The department may assess a fee for each inspection. SPS 382.20 NoteNote: Refer to ch. SPS 302 for applicable fees. SPS 382.20(4)(d)4.4. No later than five years after the date of the completed installation the department may perform one of the following: SPS 382.20(4)(d)5.5. If an experimental plumbing system is subsequently codified in chs. SPS 382 and 384, or ch. 145, Stats., the requirements as specified in subds. 3. and 4. do not apply. SPS 382.20(5)(5) Plan review. Except as provided in sub. (12), and pursuant to s. SPS 302.07 (3), the department shall review and make a determination on an application for plan review within 15 business days. SPS 382.20(5)(a)(a) Conditional approval. If, upon review, the department determines that the plans substantially conform to the provisions of chs. SPS 382 to 384, a conditional approval, in writing, shall be granted. All noncode complying conditions stated in the conditional approval shall be corrected before or during installation. SPS 382.20(5)(b)(b) Denial of approval. If, upon review, the department determines that the plans do not substantially conform to the provisions of chs. SPS 382 to 384, the request of conditional approval shall be denied in writing. SPS 382.20(6)(6) Evidence of approval. The plumber responsible for the installation of the plumbing shall keep at the construction site at least one set of plans bearing the department’s or the agent municipality’s stamp of approval and at least one copy of specifications. The plans and specifications shall be open to inspection by an authorized representative of the department. SPS 382.20(8)(8) Revisions. All changes or modifications, which involve the provisions of chs. SPS 382 to 384, made to plumbing plans and specifications, which have been granted approval under sub. (1), shall be submitted to the department or agent municipality for examination. All changes and modifications shall be approved in writing by the department or agent municipality prior to installation of the plumbing. SPS 382.20(9)(9) Revocation of approval. The department may revoke any approval, issued under the provisions of this chapter, for any false statements or misrepresentation of facts on which the approval was based. SPS 382.20(10)(a)(a) A conditional approval of a plan by the department shall not be construed as an assumption by the department of any responsibility for the design; and the department does not hold itself liable for any defects in construction, nor for any damages that may result from the specific installation. SPS 382.20(10)(b)(b) Plan approval by the department or its authorized representative shall expire 2 years after the date indicated on the approval letter, if construction has not commenced within that 2 year period. SPS 382.20(11)(a)(a) Procedure. The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303. SPS 382.20 NoteNote: Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303 also requires the department to process regular petitions within 30 business days and priority petitions within 10 business days.
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