SPS 391.01(1)(1) This chapter establishes minimum standards and criteria for the design, installation and maintenance of sanitation systems and devices which are alternatives to water-carried waste plumbing fixtures and drain systems so that these sanitation systems and devices are safe and will safeguard public health and the waters of the state. SPS 391.01(2)(2) This chapter establishes criteria for equal speed of access to toilets for each gender in restrooms serving an amusement facility and a specialty event center where the public congregates. SPS 391.01 NoteNote: Chapter SPS 361 to 366 relating to commercial buildings and structures specifies the minimum number of toilet facilities for women and men. SPS 391.01 NoteNote: Chapter SPS 390 relating to swimming pools and water attractions contains minimum number of toilet facilities for women and men. SPS 391.01 HistoryHistory: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 04-072: am. Register July 2005 No. 594, eff. 1-1-06. SPS 391.02(1)(a)(a) This chapter applies to all composting toilet systems, incinerating toilets, pit privies and vault privies installed or constructed on or after the effective date of this chapter. SPS 391.02(1)(b)(b) This chapter applies to separate-gender restrooms serving an amusement facility and a specialty event center where the public congregates that are constructed or altered as specified in s. SPS 391.14. SPS 391.02(2)(2) The provisions of this chapter are not retroactively applied to existing installations unless specifically stated in the administrative rule. SPS 391.02 HistoryHistory: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 04-072: am. (1) Register July 2005 No. 594, eff. 1-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 391.03SPS 391.03 Definitions. In this chapter: SPS 391.03(2)(2) “Composting toilet system” means a method that collects, stores and converts by bacterial digestion nonliquid-carried human wastes or organic kitchen wastes, or both, into humus. SPS 391.03(3)(3) “Department” means the department of safety and professional services. SPS 391.03(5)(5) “Incinerating toilet” means a self-contained device for the treatment of nonliquid carried wastes that deposits the wastes directly into a combustion chamber, reduces the solid portion to ash and evaporates the liquid portion. SPS 391.03(6)(6) “Pit privy” means an enclosed nonportable toilet into which nonwater-carried human wastes are deposited to a subsurface storage chamber that is not watertight. SPS 391.03(7)(7) “Portable restroom” means a self-contained portable unit that includes fixtures, incorporating holding tank facilities, designed to receive human excrement. SPS 391.03(9)(9) “Vault privy” means an enclosed nonportable toilet into which nonwater-carried human wastes are deposited to a subsurface storage chamber that is watertight. SPS 391.03 HistoryHistory: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 04-072: renum. (1) to (6) to be (2), (3), (5) to (7) and (9), cr. (1), (4) and (8), Register July 2005 No. 594, eff. 1-1-06; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672. SPS 391.04SPS 391.04 Registrations. The installation of a vault privy or a pit privy to serve a state-owned facility shall be registered with the department prior to installation. The registration of a vault privy shall be accompanied by sufficient information to determine compliance with s. SPS 384.25. The registration of a pit privy shall be accompanied by sufficient soil information to determine compliance with s. SPS 383.44 (4) (b). SPS 391.04 HistoryHistory: CR 02-129: cr. Register January 2004 No. 577, eff. 2-1-04; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 391.10(1)(1) The materials, design, construction and performance of a composting toilet system shall conform to NSF Standard 41. SPS 391.10(2)(2) All composting toilet systems shall be listed by a testing agency acceptable to the department. SPS 391.10 NoteNote: Listing agencies acceptable to the department include the American Gas Association; Canadian Standards Association; NSF International; Underwriter’s Laboratories; and Warnock Hersey.
SPS 391.10(3)(a)(a) Components for the storage or treatment of wastes shall be continuously ventilated. SPS 391.10 NoteNote: See appendix for a reprint of portions of s. SPS 382.31 (16). SPS 391.10(4)(b)(b) The disposal of any liquid from a composting toilet system shall be either to a public sanitary sewer system or a POWTS conforming to ch. SPS 383. SPS 391.10 HistoryHistory: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (3) (b), (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 17-065: am. (4) (a) Register June 2018 No. 750, eff. 7-1-18. SPS 391.11(1)(1) The design, construction and installation of a gas-fired incinerating toilet shall conform to ANSI Z21.61. SPS 391.11(2)(2) The materials, design, construction, and performance of an electric-fired incinerating toilet shall conform to NSF Protocol P157. SPS 391.11(3)(3) All electric and gas-fired incinerating toilets shall be listed by a testing agency acceptable to the department. SPS 391.11 NoteNote: Listing agencies acceptable to the department include the American Gas Association, Canadian Standards Association, NSF International, Underwriter’s Laboratories, and Warnock Hersey.
SPS 391.11 NoteNote: Materials relating to 40 CFR part 503, including, “Domestic Septage Regulatory Guidance: A Guide to the EPA 503 Rule”, are available at epa.org. SPS 391.11(4)(b)(b) The disposal of any liquid from an incinerating toilet shall be either to a public sanitary sewer system or a POWTS conforming to ch. SPS 383. SPS 391.11 HistoryHistory: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 17-065: am. (2) Register June 2018 No. 750, eff. 7-1-18. SPS 391.12(1)(a)(a) The storage chamber of a vault privy shall conform with the requirements of s. SPS 384.25 relating to holding tanks, and shall have a minimum storage capacity of 200 gallons or one cubic yard. SPS 391.12 NoteNote: Chapter SPS 385 establishes procedures for conducting soil evaluations and preparing soil evaluation reports. Section SPS 305.33 delineates the qualifications and certification procedures for individuals who conduct soil evaluations. SPS 391.12(1)(b)2.2. Governmental units may set standards for the structure above the vault or pit for one- and two-family dwellings. SPS 391.12 NoteNote: Chapters NR 811 and 812 establish minimum separation distances between a pit or vault privy and a potable well. Chapters NR 811 and 812 are administered by the department of natural resources. SPS 391.12(1)(c)(c) The storage chamber of a vault privy shall be anchored to prevent flotation caused by saturated soil conditions. SPS 391.12(2)(a)(a) The storage chamber of a pit or vault privy shall be provided with a vent for the purpose of relieving explosive gases. SPS 391.12(2)(b)3.3. Fabricated or provided with screening to prevent insects from entering the storage chamber. SPS 391.12(3)(3) The servicing of a vault privy relative to the pumping, transporting and disposal of the contents shall be in accordance with ch. NR 113. SPS 391.12(4)(4) The abandonment of a vault privy shall be accomplished by: SPS 391.12(4)(a)(a) Having the contents of the storage chamber pumped and disposed of in accordance with ch. NR 113; SPS 391.12(4)(c)(c) Filling the remaining portion of the emptied storage chamber with soil or other inert material to an elevation equal to or above the surrounding grade. SPS 391.12(5)(5) The abandonment of a pit privy shall be accomplished by filling the storage chamber with soil or other inert material to an elevation equal to the surrounding grade. SPS 391.12 NoteNote: The requirements of the commercial building code, chs. SPS 361 to 366, apply to the structures built over those privies serving public buildings and places of employment. SPS 391.12(6)(b)(b) A privy may be installed in the floodfringe provided that the area is filled to remove it from the floodfringe designation or the vault is flood-proofed. SPS 391.12 NoteNote: The department of natural resources determines if filling or flood-proofing is in accordance with current rules in effect for development in a floodfringe area.
SPS 391.12 HistoryHistory: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 01-139: am. (1) (b) 3. Register June 2002 No. 558, eff. 7-1-02; correction in (1) (a), (b) 1., 3., (2) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 391.13(1)(1) The storage chamber of a portable restroom into which human waste is to be deposited shall be watertight. SPS 391.13(2)(2) The entire floor and the side walls to a height of not less than 4 inches of a portable restroom shall be of a material impervious to water. SPS 391.13 HistoryHistory: Cr. Register, April, 2000, No. 532, eff. 7-1-00. SPS 391.14SPS 391.14 Equal speed of access to toilets. SPS 391.14(1)(1) Application. This section applies to the toilet fixtures in separate-gender restrooms serving an amusement facility and a specialty events center where the public congregates that are constructed or renovated on or after January 1, 2006 only if one of the following occurs: SPS 391.14(1)(a)(a) New separate-gender restrooms are constructed or separate-gender toilets are provided, in which case this section applies only to the new restrooms. SPS 391.14(1)(b)(b) More than 50 percent of the square footage of an existing separate-gender restroom is renovated, in which case this section applies only to the renovated portion. SPS 391.14 NoteNote: Under section 101.128 (1) (d), Stats., “ ‘renovation’ means any structural remodeling, improvement or alteration of an existing facility where the public congregates. ‘Renovation’ does not include any of the following: SPS 391.14 Note1. Reroofing.
SPS 391.14 Note2. Cosmetic remodeling, including painting or the installation of wall covering, of paneling, of floor covering or of suspended ceilings.
SPS 391.14 Note3. An alteration to an electrical or mechanical system.”
SPS 391.14(2)(2) Number of toilet facilities. When separate public restrooms or other toilet facilities are provided for males and females at an amusement facility and a specialty event center where the public congregates, the number of toilets for the females shall be provided at a ratio of 2 for every toilet and every urinal provided for the males. SPS 391.14 HistoryHistory: CR 04-072: cr. Register July 2005 No. 594, eff. 1-1-06; CR 17-065: am. (1) (b) Register June 2018 No. 750, eff. 7-1-18. SPS 391.20SPS 391.20 Incorporation of standards by reference.
