CR 23-006 Rule Text

Cities, villages, or incorporated towns with a population of 500,000 or more may, by an ordinance containing provisions substantially the same as those in the Illinois Plumbing License Law and specifying educational or experience requirements equivalent to those prescribed in the Illinois Plumbing License Law, provide for a board of plumbing examiners to conduct examinations for, and to issue, suspend, or revoke, plumbers' licenses, within such city, village or incorporated town. (77 Ill. Admin Code 890).

Iowa:

The Iowa Plumbing Code is administered by the Iowa Department of Public Health (IDPH). Iowa currently adopts the 2021 edition of the Uniform Plumbing Code (UPC), with amendments. (IAC 641—25.1(105)). Iowa law requires the Iowa Plumbing and Mechanical Systems Board to adopt the most current version of the UPC within six months of its release as the state’s plumbing code to govern the installation of plumbing in the state. Local jurisdictions are not required to adopt by ordinance the state plumbing code but a local jurisdiction that adopts the state plumbing code may adopt standards that are more restrictive. Local jurisdictions are not required to conduct inspections or take any other enforcement action under the state plumbing code regardless of whether they adopt the state plumbing code. A city may set standards and requirements which are more stringent, but not less stringent, than those imposed by state law.

The Iowa Plumbing and Mechanical Systems board performs investigations and administers and enforces Iowa law regarding the licensing and regulation of plumbers, mechanical professionals, and contractors. Anyone working in these disciplines in the state of Iowa is required to be licensed with the board with the exception of an enumerated list of activities found in IAC s. 105.11, primarily consisting of individuals performing specific work on their own home, professionals engaged in related trades, and government employees working on government facilities.

Michigan:

The Plumbing Division of the Michigan Department of Licensing and Regulatory Affairs (LARA) is responsible for the administration and enforcement of the Michigan Plumbing Code and the plumbing provisions of the Michigan Residential Code by conducting inspections of plumbing equipment and installations. Michigan’s plumbing code establishes minimum standards and currently adopts the 2018 edition of the International Plumbing Code. (Mich. Admin. Code R408.30701). Michigan licenses plumbing apprentices, journey plumbers, master plumbers, plumbing contractors, and plumbing inspectors. Michigan law creates a state plumbing board consisting of the director of the department of licensing and regulatory affairs or his or her authorized representative, the director of the department of environmental quality or his or her authorized representative, a member or employee of the drinking water and radiologic protection division of the department of environmental quality, selected by the director of the department of environmental quality, and five members who are appointed by the governor for 3-year terms and who are United States citizens and residents of the state. The board recommends to the state construction code commission the promulgation of rules the board considers necessary for the safe design, construction, installation, alteration, and inspection of plumbing. The board may also recommend acceptability under the state construction code for a material, product, method of manufacturing, or method of construction or installation of plumbing equipment. (See Mich. Stats. s. 339.6101 to 339.6133).

Minnesota:

The 2020 Minnesota Plumbing Code is administered and enforced statewide by the commissioner of the Minnesota Department of Labor and Industry and incorporates the 2018 edition of the Uniform Plumbing Code, with amendments. (MN Admin Code 4714.0050). The state plumbing code is a section of the Minnesota State Building Code. The plumbing code establishes minimum requirements and applies to all new plumbing installations performed anywhere in the state, including additions, extensions, alterations, and replacements, unless an agreement exists between the commissioner and the municipality. The state may enter into agreements with local municipalities for plan approval and inspections if the municipality adopts the state plumbing code by ordinance. Governmental units may not adopt regulations that are in conflict with the code. The 14-member Minnesota State Plumbing Board, of which 12 members are appointed by the governor, has the authority to license plumbing contractors and restricted plumbing contractors, master plumbers and restricted master plumbers, and journeyworker plumbers and restricted journeyworker plumbers. Registered plumber’s apprentice and registered unlicensed plumbers are allowed to assist in the installation of plumbing under the direct supervision of one of the other categories of licensed plumbers.

Summary of factual data and analytical methodologies:

This proposed rule was developed in consultation with the Plumbing Code Advisory Committee. The committee consists of seven individuals appointed by the DSPS Secretary under the authority of ss. 227.13 and 440.042 (1), Stats. The purpose of the Plumbing Code Advisory Committee is to consult with and advise the Department on plumbing standards as set forth in Wis. Administrative Code SPS 381 to 387. The committee has advisory powers only.

Beginning in December 2020, the Plumbing Code Advisory Committee held several meetings to comprehensively review proposals presented by the department’s Division of Industry Services Plumbing Section, committee members, stakeholders, and the public.

The committee and the Department also analyzed changes in updated versions of the technical standards incorporated by reference in the rule, while also being cognizant of costs associated with any added requirements and plumbing requirements in surrounding states. The proposed rules reflect recommendations based on these analyses and also include several proposed changes that permit flexibility for the design, construction, and installation of plumbing systems. Standards incorporated by reference in the proposed rule have been submitted to the Attorney General for approval pursuant to s. 227.21 (2), Stats.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The proposed rule was posted for a period of 60 days to solicit public comment on economic impact, including how the proposed rule may affect business, local government units, and individuals. No comments relating to Economic Impact were received.

The Department evaluated whether the rules would have an environmental impact and concluded that the rules do not result in any possible significant, adverse environmental or social impacts. Therefore, preparation of an environmental assessment or environmental impact statement under Wisconsin Stat. § 1.11 was not necessary.

The Commission completed an evaluation of the potential impact on housing under Wisconsin Stat. § 227.115 and concluded the rules do not impact housing.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules may have an economic impact on small businesses, as defined in s. 227.114 (1), Stats., and will be submitted to the Small Business Regulatory Review Board for a determination on whether the rules will have a significant economic impact on a substantial number of small businesses. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Joseph Ricker, Attorney, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Joseph Ricker, Attorney, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received on or before a date to be determined to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. SPS 302.61 (2) is amended to read:

SPS 302.61 (2) The fee for revisions to previously approved plumbing and private sewage plans shall be $85.00 for the first hour and $80.00 per hour thereafter per plan. This fee shall apply when plans are revised for reasons other than those which were requested by the department.

Section 2. SPS 305.003 (72) (Note) is repealed.

Section 3. Table SPS 305.02 line 73. is amended to read:

Table 305.02 (Partial Table) FEES

License, Certification, Registration, or Enrollment Category

Type

Application Fee

Examination Fee

License, Certification, Registration, or Enrollment Fee

73.

Cross Connection Control Assembly Tester

Registration

$15

NA

$180

Section 4. Table SPS 305.06 line 66. is amended to read:

Table 305.06 (Partial Table) TERMS

66.

Cross Connection Control Assembly Tester

4 years

Date of Issuance

Section 5. SPS 305.10 (1) (intro.) and (2) are amended to read:

SPS 305.10 (1) Except as provided in sub. (2) pertaining to licenses or registrations for master plumbers, journeyman plumbers, cross connection control assembly testers, and utility contractors, the department may deny, suspend, or revoke a license, certification, or registration, or enrollment under this chapter in accordance with the following provisions: this subsection.

(2) Pursuant to s. 145.10, Stats., the department may suspend or revoke the license or registration of any master plumber, journeyman plumber, master plumber−restricted, journeyman plumber−restricted, utility contractor, or cross connection control assembly tester in accordance with this subsection.

Section 6. SPS 305.125 (1) (h) (intro.) is amended to read:

SPS 305.125 (1) (h) The amount of forfeiture assessed against an individual who does not hold a registration as a cross connection control assembly tester under s. SPS 305.99 and who tests cross connection control devices assemblies to meet the requirements in s. SPS 382.22 (8) shall be one of the following:

Section 7. SPS 305.90 (1) (a), (b) 1. (intro.), b., and c. are amended to read:

SPS 305.90 (1) (a) Except as provided under s. 145.06 (4), Stats., and pursuant to s. 145.06, Stats., no person may install plumbing unless the person holds a license or registration issued by the department as a licensed master plumber, licensed master plumber−restricted, licensed journeyman plumber, licensed journeyman plumber−restricted, registered plumbing apprentice, registered plumbing learner−restricted, registered utility contractor or registered pipelayer.

(b) 1. Pursuant to s. 145.14, Stats., the plumbing activities that may be undertaken by a person who holds a license or registration as a licensed master plumber−restricted service, licensed journeyman plumber−restricted service or a registered plumbing learner−restricted service shall be limited to the installation or modification of all of the following:

b. Building sewers, sanitary; building sewers, storm; and private interceptor main sewers, as defined in ch. SPS 381, from the street main to the immediate inside or proposed inside foundation wall of a building.

c. Water services, and private water mains, manufactured home community water supply systems, and campground or recreational vehicle park water supply systems as defined in ch. SPS 381.

Section 8. SPS 305.90 (1) (b) 1. e. to h. are created to read:

SPS 305.90 (1) (b) 1. e. Manufactured home community drain systems, sanitary; manufactured home community drain systems, storm; campground or recreational vehicle park drain systems, sanitary; and campground or recreational vehicle park drain systems, storm, as defined in ch. SPS 381.