Register December 2011 No. 672
Chapter SPS 384
PLUMBING PRODUCTS
SPS 384.10 Department approval. SPS 384.11 Appurtenance, device, fixture, material, and method listings. SPS 384.12 Identification. SPS 384.13 Penetrations of fire-resistive assemblies. SPS 384.14 Chemical or biochemical treatments for private sewage systems. SPS 384.15 Health care plumbing appliances. SPS 384.20 Plumbing fixtures, appliances and equipment. SPS 384.25 POWTS holding components or treatment components. SPS 384.30 Plumbing materials. SPS 384.40 Joints and connections. SPS 384.50 Alternate approvals and experimental approvals. Ch. SPS 384 NoteNote: Chapter ILHR 84 as it existed on May 31, 1988 was repealed and a new chapter ILHR 84 was created effective June 1, 1988. Chapter ILHR 84 was renumbered Comm 84 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 84 was renumbered chapter SPS 384 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672. SPS 384.01(1)(1) The provisions of this chapter govern the quality and installation of materials, fixtures, appliances, appurtenances, and equipment relating to plumbing. SPS 384.01(2)(2) 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 384.01 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 384.01 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; CR 07-100: renum. to (1), cr. (2) Register September 2008 No. 633, eff. 10-1-08. SPS 384.02SPS 384.02 Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 145.12, Stats. SPS 384.02 HistoryHistory: Cr. Register, May, 1988, No. 389, eff. 6-1-88; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535. SPS 384.10SPS 384.10 Department approval. No fixture, appliance, appurtenance, material, device or product may be sold for use in a plumbing system or may be installed in a plumbing system, unless it is of a type conforming to the standards or specifications of chs. SPS 382 to 384 and ch. 145, Stats. SPS 384.10(1)(1) Alternate or experimental product approval. If it is alleged that the approval of a fixture, appliance, appurtenance, material, device or product under this section would result in an adverse health effect or potentially adverse health effect on the waters of the state, the department may require an alternate or experimental product approval under s. SPS 384.50. SPS 384.10(2)(a)1.1. Each type of plumbing product which falls into one of the categories specified in Table 384.10 shall be approved by the department in accordance with this subsection before the product may be sold for use in a plumbing system or installed in a plumbing system. SPS 384.10(2)(a)2.2. Specifications and plans or drawings for each type of product shall be submitted to the department for review. The submittal shall be accompanied by sufficient data and information to determine if the product and its performance comply with the provisions of chs. SPS 382 to 384 and ch. 145, Stats. SPS 384.10(2)(b)1.1. The department may require that a submitter of a product for review have the product tested and its performance certified by an approved testing laboratory. SPS 384.10(2)(b)2.2. The department may consult with the technical advisory committee for guidance in the review of submittals under this subsection. SPS 384.10(2)(c)(c) If, upon review, the department determines that a product conforms to the provisions of chs. SPS 382 to 384 and ch. 145, Stats., the department shall issue an approval in writing. The department may impose specific conditions in granting an approval. Violations of the conditions under which an approval is granted shall constitute a violation of this chapter. SPS 384.10(2)(d)(d) If, upon review, the department determines that a product does not conform to provisions of chs. SPS 382 to 384 and ch. 145, Stats., the request for approval shall be denied in writing. SPS 384.10(2)(e)(e) The department shall review and make a determination on an application for a product approval within 40 business days of receipt of all fees, plans, drawings, specifications and other information required to complete the review. SPS 384.10(2)(f)(f) If an approved plumbing product is modified or additional assertions of function or performance are made, the approval shall be considered null and void, unless the change is submitted to the department for review and the approval is reaffirmed. SPS 384.10(2)(g)(g) Approvals for plumbing products issued by the department prior to November 1, 1985, shall expire 30 months after the effective date of this section. SPS 384.10(2)(h)(h) Approvals for plumbing products issued by the department after November 1, 1985, shall expire at the end of the 60th month after the date of approval issuance. SPS 384.10 NoteNote: More information about the certification bodies accredited by the American National Standards Institute (ANSI), such as the National Sanitation Foundation, is available at the ANSI website at www.ansi.org; or at 1899 L Street, NW, 11th Floor Washington, DC, 20036; or at telephone 202.293.8020. SPS 384.10(3)(a)(a) The department may issue an approval, upon request and review, for specific methods or technologies that are proposed to be utilized as POWTS holding, treatment or dispersal components which conform to the standards or specifications referenced in chs. SPS 381to 384, but do not require approval under sub. (2) or s. SPS 384.50. SPS 384.10(3)(b)(b) Each request for approval shall be made on a form provided by the department. SPS 384.10 NoteNote: See ch. SPS 384 Appendix for a reprint of the form and addresses of the department where the form may be obtained. SPS 384.10(3)(c)(c) The submittal shall be accompanied by sufficient data and information to determine if the method or technology complies with the provisions of chs. SPS 381 to 384. The submittal shall include all of the following: SPS 384.10(3)(d)1.1. The department shall review an initial application submitted under this subsection with input from a technical advisory committee. SPS 384.10(3)(d)2.2. The members on the technical advisory committee under subd. 1. shall be appointed by the department for staggered 3-year terms and shall include representatives of all of the following groups or organizations: SPS 384.10(3)(d)2.a.a. A representative of the department of natural resources familiar with large scale POWTS systems to serve as a nonvoting member. SPS 384.10(3)(d)2.b.b. A representative of a governmental unit responsible for the regulation of POWTS. SPS 384.10(3)(d)2.i.i. A representative from the department of safety and professional services familiar with POWTS approval to serve as a nonvoting member. SPS 384.10(3)(e)1.1. After review by the technical advisory committee under par. (d) but prior to issuing an approval under par. (f), the department shall seek public comments on new submittals under this subsection. SPS 384.10(3)(e)2.2. The department shall provide an opportunity for public comment under subd. 1. for a minimum of 14 days. SPS 384.10 NoteNote: Notices to seek public comment are posted on the department’s website at dsps.wi.gov.
SPS 384.10(3)(e)3.3. If the department receives a significant amount of public comment under subd. 2., the department may elect to recognize the specific method or technology through the rule-making process under ch. 227, Stats. SPS 384.10(3)(f)1.1. If, upon review, the department determines that the method or technology conforms to the provisions of chs. SPS 381 to 384, the department shall issue an approval in writing. SPS 384.10(3)(f)2.2. The department may impose specific conditions in granting an approval, including a provision to provide training to POWTS installers and POWTS inspectors.
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Chs. SPS 301-399 ; Safety, Buildings, and Environment
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