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.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Several existing federal regulations relate to plumbing code in Wisconsin. Some of these regulations require compliance with prior editions of the International Plumbing Code (IPC), a national model code developed by the International Code Council (ICC), and the Uniform Plumbing Code (UPC), a national model code developed by the International Association of Plumbing and Mechanical Officials. A search of the United States Code (USC) found the following existing federal rules that impact plumbing:
The provisions of 24 USC§ 3280.601-612 cover the "Manufactured Home Construction and Safety Standards" law. This law sets standards for plumbing materials, fixtures, and equipment installed within or on manufactured homes as of April 1, 2009.
"Safe Drinking Water Act" is codified under 42 USC§ 300f-300f-9. This law regulates plumbing for the purpose of protecting drinking water from contaminants. The provisions identify the acceptable level of contaminants in drinking water.
Under 42 USC§ 300g-1, the provisions of the "National Primary Drinking Water Law” are codified. This law establishes primary drinking water regulations pursuant to section 1412 of the Public Health Service Act, as amended by the Safe Drinking Water Act. Regulated by the US Environment Protection Agency (EPA). The regulations are applicable to public water systems including monitoring requirements for lead and copper in tap water.
"The Reduction of Lead in Drinking Water Act" is a federal law that amended the Safe Drinking Water Act (SOWA). The Act set new, lower standards for lead amounts permissible in plumbing products that encounter potable water. SOWA is codified under 42 USC § 300g-6 section 1417. The law reduces the permissible levels of lead in the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures to a weighted average of not more than 0.25%. EPA has primary responsibility for interpreting SOWA. Individual states utilize health or plumbing codes or other standards consistent with the SOWA and EPA regulations to enforce those standards.
The provisions of 42 USC§ 300j-24 identify guidance on lead contamination in school drinking water. Provisions identify guidance to decrease or eliminate lead contamination in school drinking water. It requires each state to develop a testing program to remedy lead contamination.
The "National Pollutant Discharge Elimination System (NPDES)" is codified in 33 USC§ 1342. Created in 1972 by the Clean Water Act, the NPDES permit program is authorized to state governments by EPA to perform many permitting, administrative, and enforcement aspects of the program. The Clean Water Act prohibits anybody from discharging pollutants through a "point source" into a water of the United States unless they have an NPDES permit.
The Food and Drug Administration sets standards for manufacturing practice for finished pharmaceuticals. Federal codes under 21 CFR § 210-211 establish standards for plumbing in buildings and facilities that manufacture pharmaceuticals. The federal code section, 30 CFR § 71.402 was established by the Department of Labor to protect miner's safety and health. The code sets minimum requirements for bathing facilities, change rooms, and sanitary flush toilet facilities. Under 40 CFR § 141, "Primary Drinking Water Regulations" further set maximum levels for contaminants in drinking water. The Energy Policy and Conservation Act, as amended (EPCA), requires the Department of Energy to administer an energy and water conservation program for certain major household appliances and commercial equipment, including certain plumbing products such as shower heads, faucets and water closets. The regulations implementing EPCA are found under 10 CFR § 430. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The changes to the plumbing codes may have an economic impact on a person or entity, such as a business, that is required to follow plumbing codes. This includes the design, construction and implementation of buildings and structures with plumbing and manufacturers and sellers of plumbing products.
Contact Person: Kassandra Walbrun, Administrative Rules Coordinator
