Statement of Scope
Department of Safety and Professional Services
Rule No.: | SPS 381-387 and SPS 302, 305, 325, 361-366 |
Relating to: | Plumbing and Plumbing Products |
1. Finding/nature of emergency (Emergency Rule only):
Not applicable.
2. Detailed description of the objective of the proposed rule:
Wisconsin’s plumbing regulations have not been updated comprehensively since 2009. The objective of the proposed rule is to update the plumbing regulations to ensure public health and safety and ensure Wisconsin buildings are safe and sanitary.
The primary focus of the review will be to revise SPS 381 (Definitions and Standards): SPS 382, (Design, Construction, Installation, Supervision, Maintenance and Inspection of Plumbing); SPS 382 (Appendix); and SPS 384 and appendix (Plumbing Products).
Additional administrative code chapters in this scope statement will accommodate incidental changes in other building codes that may be needed to ensure consistency with the plumbing code. These include: SPS 302 and 305, which relate to fees, licensing, and other administrative processes; SPS 383, 385, 386 and 387, which relate primarily to private onsite wastewater treatment systems; SPS 325 which relates to plumbing within Wisconsin's uniform dwelling code; and SPS 361 to 366, which relates to plumbing within Wisconsin's commercial building code.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
This rule revision will update technical requirements for the design, construction, installation, inspection and maintenance of plumbing systems and requirements for ensuring the quality and proper installation of plumbing products. The department in consultation with the Plumbing Code Advisory Committee, will assess the extent to which Wisconsin’s plumbing regulations should be revised to align Wisconsin’s rules with national standards and best practices for safe plumbing systems. Standards incorporated by reference will be reviewed and updated as needed. The rule revision will ensure Wisconsin rules are consistent with federal regulations. The rules will be reviewed to ensure clarity and ensure consistency with state statutes.
The policy alternative is to maintain the existing plumbing code regulations. As plumbing codes have not been updated in more than a decade, this alternative would continue existing inconsistencies with national standards and practices related to the plumbing industry. It would also increase concerns for health and safety for Wisconsin residents and businesses.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 227.11 (2)(a), Stats. authorizes the department to “promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute.” Section 101.02 (1)(b), Stats. indicates that “the department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.” Section 145.02 (1), Stats. indicates “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.” Section 145.02 (2)(a), Stats. indicates that “the department shall have general supervision of all such plumbing described under sub. (1). The department shall promulgate rules that shall uniformly apply to all types of buildings, private and 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 do not apply to a qualified historic building if the owner elects to subject to s. 101.121. The standards do not apply to a primitive rural hunting cabin, as defined in s. 101.61(3).” Section 145.02 (2)(b), Stats. indicates “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.” Section 145.02 (3), Stats. states “the department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. It may, among other things:
(g) By rule, fix fees for the examination and approval of plans of plumbing systems and collect the same.
(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."
Section 145.02 (4)(a), Stats. indicates "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." Section 145.02 (4)(b), Stats. states "the department may promulgate rules for the qualification and registration of crossconnection control testers." Section 145.245 (4), Stats. provides the department with authority to make rules relating to private on-site wastewater treatment system replacement or rehabilitation, including criteria for determining if a system is failing, eligibility for grant funding, and mechanisms for disbursing grant funds. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department staff time needed to revise the rules is expected to be approximately 1,500 hours, which includes research, consulting, drafting the rule revisions, meeting and consulting with the Plumbing Code Advisory Committee, processing the rule revisions through public hearings, legislative review, and adoption.
6. List with description of all entities that may be affected by the proposed rule:
This proposed rule generally affects any entity involved with the plumbing industry as plumbing regulations affect any building, structure, or premises with plumbing. The rules will affect plumbing designers, installers, inspectors, and building owners, and manufacturers and sellers of plumbing products.
