2822

PLUMBING AND FIRE PROTECTION SYSTEMS

145.01 Definitions. (1) PLUMBING In thischapter, "plumbing" means and includes :

(a) All piping, fixtures, appliances, equip-ment, devices and appurtenances in connectionwith the water supply, water distribution anddrainage systems,, including hot water, storagetanks, water softeners and water heaters con-nected with such water and drainage systemsand also includes the installation thereof .

(b) The construction, connection or installa-tion of any drain or wastepiping system from theoutside or proposed outside foundation walls ofany building to the mains or other seweragesystem terminal within bounds of', or beneath anarea subject to easement for highway purposes,including private domestic sewage treatmentand disposal systems, and the alteration of anysuch systems, drains or waste piping . .

(c) The water service piping from the outsideor proposed outside foundation wallss of anybuilding to the main or other water utilityservice terminal within bounds of, or beneath anarea subject to easement for highway purposesand its connections .

(d) The water pressure system other thanmunicipal systems as provided in chapter 144 . .

(e) A plumbing and drainage system sodesigned and vent piping so installed as to keepthe air within the system in free circulation andmovement; to prevent with a margin of safetyunequal air pressures of such force as mightblow, siphon or affect trap seals, or retard thedischarge from plumbing fixtures, or permitsewer air to escape into the building ; to prohibitcross-connection, contamination or pollution ofthe potable water supply and distribution sys-tems; and to provide an adequate supply ofwater to properly serve, cleanse and operate allfixtures, equipment, appurtenances and appli-ances served by the plumbing system ..

(2) MASTER PLUMBER A master plumber isany person skilled in the planning, superintend-ing and the practical installation of plumbingand familiar with the laws, ruless and regulationsgoverning the same

(3) JOURNEYMAN PLUMBER. A journeymanplumber is any person other than a masterplumber, who is engaged in the practical instal-lation of plumbing

(4) APPRENTICE, A plumber's apprentice isany person other thann a journeyman or masterplumberr who is engaged in learning and assist-ing in the installation of plumbing and drainage ..

(5) DEPARTMENT "Department" means thedepartment of health and social services :

(6) RESTRICTED PLUMBER LICENSEE . A re-stricted plumber licensee is any person licensedas a master plumber (restricted) or a .journey-man plumber (restricted) under s .. 145 . .14 . .

(7) REGISTERED LEA RNER . . A registeredlearner is a person, other than a restrictedplumber licensee, who is learning a limited typeof plumbing and is engaged in assisting a re-stricted plumber licensee.

(8) AUTOMATIC FIR E S PRINKLER SYS T EM. An

automatic fire sprinkler system, for fire ptotec-tion purposes, is an integrated system of under-ground and overhead piping designed in accord-ance with fire protection engineering standards . .Thee system includes a suitable water supply,such as a gravity tank, fire pump, reservoir orpressure tank or connection beginning at thebuilding side of an approved check valve orapproved backflow preventing device located ator near the property line where the pipe or pipingsystem provides water used exclusively for fireprotection and related appurtenances and tostandpipes connected to automatic sprinkler sys-tems. The portion of the sprinkler system above

145 .01 PLUMBING AND FIRE PROTECTION SYSTEMS

CHAPTER 145

1Defini tions .

14502 Powers of departm ent145024 Interd epar tment al cooper ati on .145 . 03 Appren t iceship.145035 Temporary permit s .145 . 04 Waterwork s and sewerage.145 045 Certifi ca ti on of soi l testers145 . 05 Plumbing supervisors, supervis ion .145 06 License required ; exemptions .145 . 07 License s ; grandfather clause, ex ami na tions14508 Fees ; expi ra tion of licens e ; regis tr ation14509 State comity,

145 10 Investigati ons , hearings; s uspensio n, r evocation145 11 Plumber's si g n145 . 12 Prohibitions and penalti es..145 13 Promulgation of plumbe rs' code.145 :135 Sanitary permits145 . 14 Plumbers license (restricted) .145 . 15 Licenses145 1 6 Fire sprinkler system app rentice s, reg istra tion.145 .1 7 Inspectors and rule- ma king ,145 18 Temporary per mits14525 Use of plumbing fixture s proh i bited .

2823 PLUMBING AND FIRE PROTECTION SYSTEMS 145 .024

ground is a network of specially sized or hydrau-lically designed piping installedd in a building,structure or area, generally overhead, and towhich sprinklers are connected in a systematicpattern . . The system includes a controlling valveand a device for actuating an alarm when thesystem is in operation . Thee system is usuallyactivated by heat from a fire and dischargeswater over the fire area .

(9) AUTOMATIC FIRE SPRINKLER CONTRAC-TOR, An automatic fire sprinklerr contractor isany individual, firm or corporation who has paidthe annual license fee and obtained a license toconduct a business in the design, installation,maintenance or repair of automatic fire sprin-kler systems .

(10) JOURNEYMAN AUTOMATIC FIRE SPRIN-KLER FITTER . A journeyman automatic firesprinkler fitter is any person other than anautomatic fire sprinkler contractor who is en-gaged in the practical installation of automaticfire sprinkler 'systeftis

(11) AUTOMATIC FIRE SPRINKLER SYSTEMAPPRENTICE, An automatic fire sprinkler systemapprentice is any person other than an auto-matic fire sprinkler system contractor or a jour-neyman automatic fire sprinkler system fitterwho is engaged in learning and assisting in theinstallation of automatic fire sprinkler systemsand who is indentured under ch. 106 .

(12) UTILITY CONTRACTOR, "Utility con-tractor" means a person licensed under s . .145 0'7(10),

( 13) PIPE LAYER . . "Pipe layer" means a per-son registered under s 145,07 (11 ) .

History: 1 9 71 c . 25 5 ; 1977 c. . 314

145.02 Powers of department . (1) Theconstruction, installation and maintenance ofplumbing in connection with all buildings in thisstate, including buildings owned by the state orany political subdivision thereof', shall be safe,sanitary and such as to safeguard the publichealth .

(2) The department shall have general su-pervision of all such plumbing and shall after-public. hearing prescribe and publish and en-force reasonable standards therefor which shallbe, uniform and of state-wide concern so far aspracticable Any employe designated by thedepartment may actt for- the department in hold-ing such pu blic hearing.

(3) The department may exercise such pow-ers as are reasonably necessary to :carry out theprovisions of this chapter . It may, among otherthings:

145 .024 Interdepartmental cooperation .The department shall cooperate with the depart-ment of industry, labor, and human relations in :

(a) Employ competent supervisors who shallbe licensed plumbers, and other assistants, pre-scribe their qualifications and assign theirduties .

(b) Conduct investigations and experimentsfor the advancement of' technical knowledgerelating to plumbing and may hold public meet-ings and attend or be represented at such meet-ings within or without the state .

(c) Enter and inspect at reasonable hoursplumbing installations on private or public prop-erty and may disseminate information relativeto the provisions of this chapter.

(d) P repare and cause to be printed suchcodes, bulletins or other, documents as may benecessary and furnish copies thereof ' to thoseengaged in the plumbing business and to thepublic upon request

(e) Furnish uponn request of the owner of thebuilding or of ' the plumber making the plumbinginstallation, recommendations or a certificate ofinspection

(f) Issue special orders directing and requir-ing compliance with the rules and standards ofthe department promulgated under this chapterwhenever, in the judgment of the department,such rules or standards are threatened withviolation, are being violated or have been vio-lated The circuit court of any county whereviolation of' such an order has occurred shallhave jurisdiction to enforce the order by injunc-tive and other appropr iate relief '., The districtattorney of the county wherein violation of suchorder has occurred shall bring action for itsenforcement .

(g) By rule, fix fees for the examination andapproval of plans of plumbing systems and col-lect the same:

(4) The department shall prescribe rules asto the qualifications, examination and licensingof master and journeyman plumbers and re-stricted pl umber licensees,, f 'or, the licensing ofutility contractors, f'or, the registration of plumb-ing apprentices andd pipe layers and for theregistration and training of registered learners ..

(5) The department shall enforce the prohi-bition against the retail sale and installation ofany plumbing fixtures which are not water-conserving fixtures as provided under s 145 , 25 .

History : 1971 c: 194 ; 1973 c : 90 ; 19 75 c. 39; 1977 c. 2 ' 75,314.

Counties must secure approval of state division of healthbefore engaging in private experimental sanitation systems . .Citizen committees appointed by the county board may notengage in plumbing , 60 Arty .Gen 209 ,

145.024 PLUMBING AND FIRE PROTECTION SYSTEMS 2824

145 .045 Certification of soil testers . (1)POWERS AND DUTIES, The department shall byrule establish an examining program for thecertification of soil testers, setting such stan-dards as the department finds necessary to ac-complish the purposes of this chapter .. Suchstandards shall include formal written examina-tions for all applicants The department shallcharge applicantss for the cost of examinationand ceitif'ication : After July 1, 1974, no personmay construct soil bore holes, conduct soil per-colation'tests or oiher, 'similar tests specified bythe department, relating to the disposal of liquiddomesticc wastes into the soil unless he holds avalid certificate issued under this section . .

(2) REVOCATION OF CERTIFICATE, The de-partment may revoke or suspend the certifica-tion of~ any soil tester but only after a formalhearing for the practice of any fraud or deceit inobtaining the certificate or any gross negligence,incompetence or misconduct in the practice ofsoil testing .

(3) PLUMBERS AND SEPTIC TANK INSTALL-ERS .; A plumber or septic tank installer may alsobe a soil tester and install any system after

145 .035 Temporaryy permits .. . The depart-ment may issue temporary revocable permits tomaster and journeyman plumbers pending ex-amination,'and for such purpose may appointagents without compensation or may authorizeone of its examiners or, plumbing supervisors to

(1) The adoption of rules relating to plumb-ing . The department shall appoint one repre-sentative from the department of industry, laborand human relations to the plumbing codecommittee . .

(2) The establishment of qualifications forthe certification of persons performing plumb-ing inspections of one- : .and 2-family dwellingsand for the certification of persons performingplumbing inspections of manufactured buildingsfor- dwellings .

(3) The establishment by rule of a scheduleof fees to defray the administrative costs ofcertification..

Hist ory: 1975 c 404 ; 1977 c 203 .

145 .03 Apprenticesh ip. The departmentmay determine and prescribe the conditionsunder which any person may serve a plumbingapprenticeship, as to preliminary and voca-tional, technical and adult education school at-tendance requirements, and the credit for suchschool attendance in serving such an apprentice-ship. Every person, regardless of age, commenc-ing a plumbing apprenticeship after July ; 1,1943, shall be indentured under ch, 106 Theterm of a plumbing apprentice shall be 5 years,but the department of industry, labor andhuman relations or the department may uponapplication of the apprentice or his employer orboth extend such term for not to exceed oneadditional year. After the expiration of an ap-prenticeship term, no apprentice shall engage inthe business of plumbingg eitherr as an apprenticeor as a journeyman plumber unless after theexpiration of the apprenticeship term he securesa journeyman plumber's license . In case offailure to pass the examination for such license,he may continue to serve as an apprentice butnot beyond the time for reexamination for ajourneyman plumber's license as prescribed bythe rules and regulations of the department : Inorder that the apprentice may qualify at the endof'his apprenticeship as a skilled mechanic in theart of installing plumbing work, the departmentmay prescribe the character of plumbing workthat the apprentice may do during the 4th and5th year under the direction or supervision of amaster or journeymann plumber without eithersuch master or journeyman being physicallypresent, provided that the master plumber incharge shall be responsible for all such work . .

Hi s tory : 1971 c 40 ; 1971 c 154 s 79 (2))

hold a special permit examination, the result ofwhich to be reported to the department in writ-ing. The department may make rules andprescribe procedure governing the issuance ofsuch permits .

History: 197 1 c . 40 ,

145 .04 Waterworks and sewerage . (1)ORDINANCE RULES A city of the 1st, 2nd or 3rdclass having a system of waterworks or sewerageshall, and a village or city of the 4th class or anytownship or county or metropolitan seweragecommission may, by ordinance, prescribe rulesrelating to local permits for the installation,alteration and inspection of plumbing to safe-guard the public health,

(2) No LOCAL. LICENSES No city, village,town; town sanitary district, county, metropoli-tan sewerage district commission or otheragency may require the licensing of any personlicensed or registered under this chapter orprohibit such person from engaging in or work-ing at business within the scope of his license orpermit

`(3) REPORTS TO DEPARTMENT . The 3UtIl 0I 1-

ties of any such city or metropolitan seweragedistrict shall report to the department eachfailure on the part of`a state licensed plumber toqualify as a journeyman or master plumber andeach wilful violation of any plumbingregulation.

History :. 1971 c 1 94 ,

2825 PLUMBING AND FIRE PROTECTION SYSTEMS 145 .07

145 .05 Plumbing supervisors , supervi-sion . (1) The council of a city of the first,second or third class, having a system of water-works or sewerage, or the of'f'icer or board incharge, shall appoint one or more plumbingsupervisors, who shall be licensed plumbers, andunless under civil service shalll serve for a term of4 years or more subject to removal for- just causeexcept as otherwise provided by ordinance whenfirst appointed, but need not renew their licenseswhile they continue in of'f'ice .. The council of 'acity of the fourth class and the board of a village,township, county or the commissioner in chargeof any metropolitan sewerage district may ap-point one or more plumbing supervisors whoshall be practical plumbers, skilled sanitarians,or competent persons familiar with plumbingand unless under, civil service shall serve for aterm of 4 years or more subject to removal forjust cause except as otherwise provided by ordi-nance. They shall supervisee all plumbing, newor alterations or repairs, and report to the ap-pointing body violations of'regulations, and per-form such other appropriate duties as may berequired . Their compensation shall be fixed bythe council, board or commission,

(2) Where a system of waterworks or sewer-age has been or shall be established in any city,village, town or metropolitan sewerage districtwhich has not provided for- a board or officer tosupervise plumbing, drainage and sewerage, thedepartment shall takee immediatee and entirecontrol of plumbing, drainage and sewerageintended to be connected with public sewer orwaterworks, and exercise all the powers con-fer red by this section until such municipalities ordistrict provides for such supervision

145 .06 License ;required ; exemptions.(1) (a) No person may engage in or work atplumbing in the, state unless licensed to do so bythe department. A master plumber may work asa journeyman No person may act as aplumber's apprentice or pipe layer unless regis-tered with the department,

(b) No public utility shall engage in orperform plumbing unless exempted by sub. (4) .

(2) No person shall install plumbing unlessat all times a licensed master plumber: is incharge, who shall be responsible for properinstallation Licenses shall be issued only toindividuals and no license shall be issued to or inthe name of any firm or corporation. No such

145 .07 Licenses ; grandfather clause, ex-aminations . (1) Any person heretofore notrequired to be licensed under this chapter, whowas actively engaged on of before January 1,1964, in the practical installation of plumbing inthis state, may be licensed without examinationas a master or journeyman plumber, whicheveris appropriate to the particular, applicant, uponpresenting to the department, on forms pre-scribed by the department, evidence of the fore-going satisfactory to the department. Suchapplication shall be presented not later, than

approval of the site or project by the departmentor local county appointed administrator

History : 1973 c . 287; 1975 c 41Soil absor ption tests conducted by pe r sons certified under

this section must be accepted by county governments . 63Atty. . Gen 586 .

license shall be transferable . It is unlawful forany licensed master plumber to allow the use ofhis license, directly or indirectly, for the purposeof obtaining . local permits for others or to allowthe use of his license by others to install plumb-ing work .

(3) Each member ' or employe of a copartner-ship or each officer or employe of a corporationengaging in the business of superintendinggplumbing installations shall be required to applyfor and obtain a master plumber ' s license beforeengaging in the work of superintending plumb-ing installations

(4) This section shall not apply to :(a) Plumbing work done by a property owner

in a one-family building owned and occupied byhim as his home or farm building, except wheresuch license is required by local ordinance .

(b) Plumbing from the privatewater supplypump to and including the initial pressure tankandd connection to an existing water distributionsystem, when installed by persons licensed underch 162 ,

(c) Installation of sewer and water servicepiping from the main to the property lot line,whenn installed by authorized municipal utilityemployes of sewer and water utility installer sunder a contract with a municipality .,

(d) Making minor repairs to faucets, valves,pipes.s or appliances, repair or replacement ofelectrical or gas energy or other automaticvalves or control devices or removing of stop-pages in waste or d r ainage pipes . .

(e) Installation of' sewer and water mains, asdefined in ch . 144, when installed by sewer andwater utility contractors and theirr employes .

(f) Installation, repair or replacement ofwater service piping, from the property line tothe meter, including meter installation, to ser-vice any building or structure or proposed build-ing or str ucture when such installation, repair orreplacement is accomplished by employes of apublic municipal water utility, providing suchutility regularly has engaged in such installa-tion, repair or replacement f'or, at least 5 yearsprior to Janua ry 1, 1964.

History: 1977c 314 ,

145 .07 PLUMBING AND FIRE PROTECTION SYSTEMS 2826

examination or training prequalifications andshall not be required to be indentured under ch .106 . .

(8) If any person licensed without examina-tion under sub.. (1) or who submits an applica-tion to the department prior to July 31, 1966,acquired his experience in the practical installa-tion of a limited type of plumbingg such as septictank installations, water softener installations orother limited types of installation, the depart-ment shall, in renewing or issuing a license tosuch person, issue to him, without examination,a master- plumber's license (restricted) or ajourneyman plumber's license (restricted),whichever is appropriate, and such license, on itsface, shall restrict the holder thereof' to thespecific types of plumbing installation in whichsuch licensee, prior to January 1, 1964, acquiredhis experience in the practical installation : ofplumbing,

(9) Master plumbers, journeyman plumbersand apprentices are not subject to the restric-tions under s, 145 .14 .

(10) An application for a utility contractor'slicense shall be made to the department withfees required by the department under s . . 145„08(1) (o) . The department shall issue a utilitycontractor's-license to any person who is skilledin the planning, super-intending and practicalinstallation, within public or private premises, ofpiping which conveys sewage, rain water ofother liquid wastes to a legall point of disposaland who is skilled in the design, planning, super-intending and practical installation of waterservice piping from the street main to the imme-diate `inside building perimeter ,

(11) An application for registration as a pipelayer shall be made to the department with thefees required by the department under s . 145,08(1) (q) . `, The department- shall approve theregistration of any person as a pipe layer if'theperson is employed by a utility contractor and ifthe person is engaged in the practical installa-tion, within public or private premises, of pipingwhich conveys sewage,, rain water or, other liquidwastes to a legal point of disposal of engages inthe practical installation of water service pipingfrom the street main to the immediate insidebuilding perimeter.

History: 1975 c . 39 ; 19'77 c . .314. .

145 .08 Fees ; expiration of license ; regis-tration . (1) Fees fixed by rule by the depart-ment not exceeding the amounts stated in thissection .n and nott returnable shall be paid asfollows : .

(a) For master- plumber's examination, $50 .For each subsequent examination; $30,

(b) For master plumber's license, $125 and$125 for each renewal of license ifapplication is

January .31 ; 1965, and shall be accompanied bythe appropriate license fee .

(2) Application for a master or ,joucneymanplumber's examination, temporary permit orlicense shall be made to the department withfees . Unless the applicant is entitled to a re-newal of license ; a license shall be issued onlyafter the applicant passes a satisfactory exami-nation showing fitness . No such license orpermit shall be transferable .

(3) An applicant for examination for licen-sure as a master, plumber shall submit evidencesatisfactory to the department as follows :

(a) A specific record of not less than 1,000hours per year experience f 'or, 3 or more consecu-tive years as a licensed journeyman plumber inthis state; of

(b) Graduation in engineering from a schoolor college approved by the department and aspecif i c record of 3 or more consecutive years asan owner or co-owner of a firm or corporation inthi s state engaged in the installation of plumb-ing . Related experience of not less than 1,000hours per year shall have been acquired underthe supervision of a master plumber licensed inthis state . . Persons meeting the qualifications ofthis paragraph who submit an application to thedepartment prior to July 31, 1966, ' may belicensed without exam ination ..

(4) An applicant for examination for licen-sure as a journeyman plumber shall submitevidence satisfactory to the department asfollows :

(a) Completion of a 5-yearr apprenticeshipconsisting of not less than 1,900 hours per yearand completion of" all requirements as to shoptraining and related instruction as the depart-ment by rule prescribes .

(b) A certificate of graduation as a registeredapprentice from an accredited trade school ap-proved by the department and completion in thisstate of 2 years of shop training and relatedinstruction as the department by rule requires,,

(5) Any resident who has been actively en-gaged in this state in a limited type of plumbinginstallation wo rk for a period of not less than1,000 hours per year for 2 or more consecutiveyears as a licensed. ;journeymann plumber (re-stricted) may be examined for licensui e as amaster, plumber (restricted) .

( 6) Applicants for examination for licensureas a journeyman plumber (restricted) shallhavee completed one continuous year of workexperience consisting of not less than 1,000hours per year and give evidence of completionof shop training and related instruction as thedepartment by rule requires .

(7.) (a) A person shall be registered as aregistered learner with the department without

PLUMBING AND FIRE PROTECTION SYSTEMS 145 .102827

made prior to January 1, annually ; after thatdate an additional fee of $20.

(c) For journeyman plumber's examination,$30 For each subsequent examination , $20 .

(d) For journeyman plumber's license $45and . $45 for each renewal of license if applica-tion is made prior to January 1, annually ; afterthat date an additional fee of $10 .

(e) For temporary permit pending examina-tion and issuance of license f 'or, master plumber,$200 ;; for journeyman $75 and which shall alsocover the examination fee prescribed and thelicense fee for the year in which issued .

(f) For master plumber's (restr icted) exami-nation, $50 For each subsequent examination,$30 ,

(g) For master plumber 's license (re-stricted), $125 and $125 for each renewal oflicensee if' application is made prior to January 1,annually; after that date an additional fee of$20 .

(h) For journeyman plumber ' s (restricted)examination, $30 For each subsequent exami-nation, $20 .

(i) For journeyman plumber's license (re-stricted), $45 and $45 for each renewal oflicense if application is made prio r to . January 1,annually; af'ter ' that date an additional fee of$10 :

(j) The initial license fee under this subsec-tion shall be paid immediately upon notice fromthe department that the applicant has passed anexamination .. Upon failure to pay the license feewithin 30 days after receiving such notice, nolicense shalll be issued and the applicant shallagain appear for examination and pay the exam-ination fee :

(k) For an automatic fire sprinkler contiac-toc ' s examination, $100 .

(1) For an automatic fire sprinkler contrac-to t 's license, $500 and , $500 for each renewal oflicense if application is made prior to January 1,annually; after that date an additional fee of$25 .

(m) For, a journeyman automatic fire sprin-kler fitter's examination, $20 and $20 for eachsubsequent examination ;

(n) For a journeyman automatic fire sprin-kler fitter's license, $45 for and $45 forr eachrenewal of license if application is made prior toJanuary 1, annually ; afterr that date an addi-tional` fee of $10.

(o) For utility, contractor's license; $125, and$125 f"or , each renewal of license if application ismade prior to January 1, annually ; after thatdate an additional . f 'ee of $10 .

(p) Plumbing supervisors employed by thedepartment in accord with s 145 02 (3) (a)shall annually be issued the appropriate licensethey have previously qualified for at no cost .

145.10 Investigations, hearings ; suspen-sion, revocation . (1) The department maymake investigations and conduct hearings andmay, on its own or upon complaint in writingduly signed and vei ified by the complainant, andnot less than 10 days' notice to the licensee,suspend anyy plumber's license, utility contrac-tor's license or temporary permit if' it has reasonto believe, and may revoke such license or permitin the manner provided under this section, if itfinds that the holder of such license or permithas :

(a) Made a material misstatementt in theapplication for license of renewal thereof' or fortemporary permit ; or

(b) Failedd to correct an installation for whichhe is responsible, at his own expense, within 30

(q) For a pipe layer's registration, $45 at thetime of'registration and $45 for- each subsequentcalendar year of registration .

(2) No license shall be issued for longer thanone year and all licenses shall expire on Decem-ber .31 in each year and such license may berenewed upon application made prior to date ofexpiration . . The department may renew licensesupon application made af'ter' January 1 if it issatisfied that the applicant has good cause fornot making application within the month ofDecember and upon payment of the renewal andadditional fees prescribed ..

(3) To establish a record of beginning anapprenticeship, as a plumber, as an automaticLire sprinkler system apprentice, or as a plumberlearner (restricted), every plumbing andd auto-matic fire sprinkler system apprentice and everyplumbing learner. (restricted) shall within 30days after beginning an apprenticeship orlearner-ship registez with the department .. A feeof $15 shall be paid at the time of registrationand for each subsequent calendar year duringwhich the apprentice is engaged in the appren-ticeship or learnecship prior to January 1 .His tory : 1971 c 255; 1975 c. 39, 199; 1977 c . 314. .

145.09. State comity. (1) Persons holding acurrent license under the laws of any other statehaving license, provisionss governing plumberswhich in thee department's opinion areequivalent to the requirements of this chaptermay be accepted in their license classificationfor examination fbr a like license in this statewithout submitting evidence required under s .145.07 .

(2) Any person whose experience in anotherstate meets the requirements of this chapter inthe opinion of the department may be acceptedfor examination as a restricted plumber licenseein such classifications as the department deemsappropriate

145 .10 PLUMBING AND FIRE PROTECTION SYSTEMS 2828

145 .135 Sanitary permits . (1) VALIDITY,In this section, "sanitary permit" means a per-mit issued by the department or any county,city, village or town for the installation of aprivate domestic sewage treatment and disposalsystem . . No person may install a private domes-tic sewage treatment and disposal system unlessthe owner of the property on which the privatedomestic sewage treatment and disposal systemmis to be installed holds a valid sanitary permit . Asanitary permit is valid for 2 years from the dateof issue and renewable for similar periods ther•e-alter . A county, city, village or town may notcharge more than one fee f'or, a sanitary permitor the renewal : of a sanitary permit in any 12-month period. A sanitary permit shall remainvalid to the end of the established period, not-withstanding any change in the state plumbingcode or in any county, city, village or townsanitary ordinance during that period . A sani-tary permit may be transferred fromm the holderto a subsequent owner of the land, except thatthe subsequent owner must obtain a new copy ofthe sanitary permit from the issuing agent .. Theresults of any percolation test or other testrelating to the disposal of liquid"domestic wastesinto the soil shall be retained by the county, city,village: or town where the property is located„The county,: city, village or town shall makee thetest results available to an applicant for a sani-tary :permt and shall acceptt the test results asthe basis f'or, aa sanitary permit application unlessthe soil at the test site is altered to the extent thata new soil test is necessary .

145 .11 Plumber's sign. (2) No personother than a 'licensed master- plumber shall useor display the title "Master Plumber" or appendhis name to or in connection with such title orany other title orwords which represent or maytend to represent him as a licensed master-plumber Every holder of such license shallpromptly notify the department of any change ofhis business address .

145 .12 Prohibitions and penalties . (1)Any person, firm or corporation who engages inor follows the business or occupation of', or'advertises or, holds himself or, itself out as or, actstemporarily or otherwise as a master plumber oras an automatic fire sprinkler contractor with-out first having secured the required license orpermit, or, who otherwise violates any provisionsof this chapter, shall be fined not less than $10nor more than $l00 or imprisoned for, 30 days orboth. Each day such violation continues shall bea separate of'f'ense .

(2) ' Any person violating this chapter orfailing to obey "a lawful order of the department,

days following notif i cation by the department ofa violation of any rule adopted pursuant to thischapter . .

(2) A copy of the complaint with notice ofthe suspension of license or permit shall beserved on the person complained against, andthe person's answer to the complaint shall befiled with the department and the complainantwithin 10 days after service .. The departmentshall thereupon set the matter for hearing aspromptly as possible and within 30 days afterthe date of filing the complaint . Either partymay appear at the hearing in person or byattorney or agent,

(3) No order revoking a license or permitshall be made until after a public hearing to beheld before the department in the county wherethe licensee or permittee has his or her place ofbusiness . . If ' the licensee or permittee is a nonres-ident, the hearing shall be at such place as thedepartment designates . At least 10 days prior tothe hearing the department shall send writtennotice of' the time and place of' the hearing to thelicensee or permittee and to the person's attor-ney or agent of record by mailing the notice tothe last-known address of such persons .. Thetestimony presented and proceedings had at thehearing shall, be recorded and preserved as therecords of the department .. The departmentshall as soon thereafter as possible make itsfindings and determination and send a copy toeach interested party , One year after the date of "revocation, application may be made for a newlicense,

History : 1 977 c.. 314, 4188

or a ,judgment or decree of a court in connectionwith this chapter, may be imprisoned for- notmore than 3 months or fined not more than$100 '.:

(3) Any master plumber who shall employan apprentice on plumbing representing him tobe a journeyman, or who shall charge for anapprentice a journeyman's wage, shall be pun-ished by a fine of not more than twenty-fivedollars, or by imprisonment in the county jail f 'or,not more than thirty days . . Each day of violationshall be a separate offense .

History : 1971 c 255,

145 .13 Promulgation of plumbers' code .The state plumbing code and amendmentsthereto as adopted by the department have theeffect of law in the form of'standards state-widein application and shall apply to all types ofbuildings, private or public, rural or urban,including buildings owned by the state or anypolitical subdivision thereof: All plumbing in-stallations shall so far- as practicable be made toconform with such code.

His to ry :'19'71 c ..194

PLUMBING AND FIRE PROTECTION SYSTEMS 145 .172829

sewer service from the septic .c tank or sewerextensions from mains to the immediate inside'or proposed inside foundation wall of thebuilding,

(b) Appliances; equipmentor devices Underthis paragraph persons installing water soften=ers, .water heaters or other items in connectionwith, the water supply or water distributionsystems which do not require a direct connectionto the waste or drain piping systems are limitedto making connection to existing installations . .There shall be no drilling, tapping or directconnection, made to any waste or drain pipe toserve items installed under this section , Themaximum length of'water piping permitted to beinstalled under this section shall be the mini-mum required to connect the item to the system . .

145. 15 Licenses. (1) No city, village, townor county may require the licensing of anyperson licensed or registered under ss, 145 15 to145 ..188 for any :.activity regulated under ss .145.15 to 145 .18 or rules adopted thereunder ..

(2) .411` "licenses issued under ss . 145 .15 to145„18 shall be issued by the department Thedepartment -shall not restrict the work done byany licensed journeyman sprinkler system fitter-of any automatic fire sprinkler contractor orapprentice to any geographical territory

(3) Any person not licensed under this chap-ter prior to April 26, 1972 who was regularlyengaged in the occupation of installing auto-matic fire sprinkler systems on or before March1, 1967, shall be licensed under ss . 145 15 to145:18 without being required to pass any writ-ten, oral or practical examination qualifying

him for a license under ss 145 15 to 145, Any such person shall apply for the appropriatelicense and pay the appropriate license fee .

Hi s tory : 1971 c. 255 .

145.16 Fire sprinkler system apprentices,registration. Automatic fire sprinkler systemapprentices shall not be required to apply fbr,any license but shall register with the depart-ment as an apprentice . Such apprentices shallbee enrolled in a qualified apprenticeship sprin-kler fitters program recognized by the'depart-ment of industry, labor-and human relations .'

Hi story: 1971 c .255

145.17 Inspectors and rule-making : (1)The department may employ competent super-visors, who shall be licensed` automatic firesprinkler contractors or journeymen automaticfire'sprinkler system fitters, and may employother persons. The department may accept ascertification of inspection, inspection by theinsurance services organization of Wisconsin,

(2) NoricE: A sanitary permit shall includea notice displayed conspicuously and separatelyon the permit form, to inform the permit holderthat:

(a) The purpose of the sanitary permit is toallow installation of the private domestic sewagetreatment and disposal system described in thepermit,

(b) The approval of the sanitary permit isbased on regulations in force on the date ofapproval

(c) The sanitary permit is valid and may berenewed for a specified period . .

(d) Changed regulations will not impairr thevalidity of a sanitary permit ..

(e) Renewall of the sanitary permit will bebased on regulations in force at the time renewalis sought, and that changed regulations mayimpede renewal .

(f) The sanitary permit is transferable.History: 1977 c 168: - -

145 . 14 Plumbers license (restricted) .(1) LiMrrniiorrs, (a) Persons licensed asmaster' plumbers (restricted), journeymanplumbers (restricted) or registered learnersshall be classified by the department under, sub(2) and shall be restricted to the type of workfor which they have been classified and to therequirements indicatedd in this section ..

(b) Persons licensed as journeyman plumbers(restricted) or; registered learners shall workunder the supervision of a master plumber or aamaster plumber (restricted) . A master plumber:(restricted) may also work as a journeymanplumber (restricted) . No journeyman plumber(restricted) or, registered learner, shall contractfor work, advertise or do anything which wouldlead others to believe him to be qualified as amaster plumber (restricted) in hisclassification .

(c) All persons licensed as master plumbers(restricted), journeyman plumbers (restricted))or registered learners shall be subject to all lawsand .rules governing plumbers, If qualified,persons may be licensed under' any number ofclassifications under sub . (2) ., Separate licensesshall be issued under sub . (2) (a) and,(b), butlicenses issued under', sub, (2) (b) may extend toany number' of items under that paragraph .

(2) CLASSIFICATIONS, The classificationswhich the department shall use are a sewerservices classification and an "appliances,equipment and devices" classification Personsso classified may engage in the following, typesof work :

(a) Sewer services . Per-sons classified underthis paragraph may install septic tanks for pri-vate sewage disposal systems, drain fieldsdesignedd to serve such septic tanks, and the

145. 17 PLUMBING AND FIRE PROTECTION SYSTEMS 2830

prohibit the use of manual flushing devices forurinals .

(3) EXEMPTIONS . (a) The department may,by rule, exempt specified fixtures and devicesfrom compliance with the requirements of thissection or rules promulgated under this section ifit determines "that there is an inadequate supplyof fixtures or devices offered by at least 2manufacturers which comply with this sectionor with rules promulgated under this section or ifpublic health, safety and sanitation require fix-tures which do nott comply with this section orwith rules promulgated under this section ..

(b) The department may,, upon request,waive compliance with flushing requirements ofthis section of rules promulgated underr thissection relating to flushing requirements :

1 . For any building in existence on or beforeJanuary 1, 1979, if its drainage system configur-ation requires a greater quantity of water foradequate flushing than complying with waterrusagerequirements under this section or rulespromulgated under this section would permit .

2 If any building is served by a public sewersystem which , requires the use of a greaterquantityy of water for adequate flushingg thancomplying with water usage requirements underthis section or rules promulgated under thissection would permit .

(c) Notwithstanding sub .: (1), plumbing fix-tureswhich do not meet the requirements of thissection which are ordered for salee by a retailer-prior ' to May 2, 1978 may be sold at retail within2 years after May 2, 1978, if the retailer informsthe buyer, prior to any sale after January 1,1979, that the fixture does not meet the require-ments of this section . Installation of any plumb-ing fixtures sold at retail under this paragraphshall be completed within 2 years after May 2,1978 .

(4) APPROVAL OF RULES., This subsectiondoes not apply to emergency rules adoptedunder s 227 .027 .

(a) Role of legislatJVe council . Prior to anypublic healing on a proposed rule under thissection, or if no public hearing is required, prior-to notification of the standing committees, thedepartment shall submit the proposed rule to thelegislative council for review ., The legislativecouncil` shall act as a clearing house for ruledrafting and cooperate with the department andthe ievisor, to:

L Review the statutory authority underwhich the department intends to adopt the ruleThe legislative council shall notify the depart-ment, the joint committee for the review ofadministrative rules and the appropriate stand-ing committee when the statutory authority iseliminated oisignificantly changed by repeal,

145.25 . Use of plumbing fixtures prohib -Jted. (1) PROHIBITIONS, Except as provided insub .: (3); commencing January 1, 1979 :

(a) No person may sell at retail, install in anybuilding or cause to be installed in any building :

1 . A water closet which uses more than 4gallons of' water per flush or which does notconform to department rules for water usage perflushh promulgated under` sub . . (2) (a) 1 .

2 A showerhead which uses more than 3gallons of water per minute . .

(b) No person may install in any publicrestroom or cause to be installed in any publicrestr oom :

1. Any urinal intended for use by malepersons which uses more than 1.5 gallons ofwater per flush ..

2.. Any faucet which allows more than onegallon of water to flow through the faucet afterthe handle is released :

(c) No person may install or cause to beinstalled any faucet connected to a washbasin inany private dwelling which allows more than 3gallons of water per minute to flow through thefaucet .

(2) DEPARTMENT RULES. (a) The depart-ment shall, by rule :

L Formulate standards for water usage forwater closets, showerheads, faucetsand urinalswhich will reduce water consumption and meetthe r'equir'ementss of public health, safety andsanitation . The standards shall also conform tostandards adoptedd by the'American nationalstandards institute .

2 .. Formulate a list of all fixtures and devicesavailable commercially which comply with therequirements of this section or rules promul-gated under this section . .

(b) The departmentshall not Promulgateany rules which either directlyy or indirectly

the FIA, the factory mutual engineering corpo-ration or other fire insurance ratingorganization .

(2) The department shall prescribe rules asto the qualifications, examination and licensingof'joucneymen automatic fire sprinkler systemfitters and automatic fire sprinkler contractorsand for the registration and training of auto-matic fire sprinkler system apprentices ..

History: 1 9'71 c 255 .

145 .18 Temporary permits. The depart-ment`shall issue temporary permits to,journey-men automatic fire sprinklerr system fitters or toautomatic fire sprinkler system contractorspending examination of applicants for licenses .Examination feesshall be paid at the time thepermit is issued ..

Hi s tory : 1971 c 255 .

PLUMBING AND FIRE PROTECTION SYSTEMS 145.252831

4 Either standing committee may disap-prove the proposed rule or part of a proposedrule by taking action in executive session todisapprove the rule within the standing commit-tee review period . . I#' both committees fail totake this action, the proposed rule is not disap-proved'and the department may promulgate therule .

(f) Joint committee for the revr 'ew of"admin-rstrative rules. 1 .. If either standing committeedisapproves a proposed rule or part of a pro-posed rule, the proposed rule or its part shall bereferred to the joint committee for the review ofadministrative r ules .

2 The joint committee review period lasts for30 days after the proposed rule is referred andthe joint committee shall meet and take action inexecutive session during thatt period .

3 . The department may not promulgate aproposed rule or its part which is disapproved bya standing committee unless the proposed rule isapproved by the joint committee for the reviewof administr ative rules or until the bill in subd. 5fails of enactment ., The department may pro-mulgate portions of the rule which were notsuspended, if the committee disapproved onlyparts of ' the rules,

4 „ The joint committee for the review ofadministrative rules may reverse the standingcommittee disapproval by taking action to ap-prove the rule within the joint committee reviewperiod : The ,joint committee may uphold thestanding committee disapproval by taking ac-tion to disapprove the rule within the jointcommittee review period. The joint committeemay remand the proposed rule to the depart-ment for further consideration or public hear-ings or both . . If ' the joint committee disapprovesa proposed rule, the department may not pro-mulgate ,the proposed rule until the bill in subd .5 fails of enactment.

5 . When the joint committee for, the review ofadministrative rules disapproves a proposed ruleor portion of the proposed rule, the committeeshall as soon as possible place before the legisla-ture, abill to support the disapproval , If suchbill is defeated, or fails of enactment in any other 'manner, the proposed rule or portion of theproposed rule may be promulgated 3f ' the billbecomes law, the proposed rule or , portion of theproposed rule, may not be promulgated unless aproperly enacted law specifically authorizes theadoption of that rule .

(5) PENALTY, Whoever violates subs . (1) to(3) shall forfeit to the state not more than $50for each violation .

History: 1977 c 275 ,

amendment, court decision or for any otherreason .

2 . Ensure that the procedures for ' the promul-gation of a rule required by this chapter arefollowed .

3 .. Review proposed rules for form, style andplacement in the administ r ative code

4. Review proposed rules to avoid conflictwith or duplication of existing rules .

5 . Review proposed rules to provide adequatereferences to relevant statutes, related rules andf'ocros .

6 : Streamline and simplify the rule-makingprocess . .

7 . Review proposed rules for clarity, gram-mar and ,d punctuation and to ensure plainlanguage ,:

8 Review proposed rules to determine poten-tial conflicts and to make comparisons withfederal regulations , .

(b) Z ,egislati've council to assist standingcommittees The legislative council shall workwith and assist the appropriate standing com-mittees throughout the rule-making process .The legislative council may issue recommenda-tions concerning any proposed ` rule which thedepartment submits under this section ..

(c) Notification of standing committees . Thedepartment shall notify appropriate standingcommittees when proposed rules under this sec-tion are in final draft form by submitting anotice to the presiding of 'f'icer in each house . .Each presiding officer shall refer the notice toone standing committee. The department maywithdraw 'a proposed rule by notifying the pre-siding officer in each house of the legislature ofits intention not to promulgate the rule .

(d) Form ofnotice The notice shall includethee proposed rule in a form complying with s .227,024 (1) .

(e) Standing committee ievtew . l . A com-mittee may be convened upon the calll of itschairperson or a majority of its members toreview a proposed rule . A committee may meetseparately oi- jointly with the other, committee towhich the notice is refer red, direct the depar t -ment to attend the meeting and hold publichearings to review the proposed rule .

2 . The standing committeee review periodlasts for 30 dayss after the notice is submittedand if withinn the . 30-day period a standingcommittee directs the department to meet withit to . review the proposed rule, the standingcommittee review period is extended for 30 daysfrom the date of that request .

3 . Thee department may not promulgate aproposed rule during the standing committeereview period unless both committees approvethe rule prior, to the expiration ofthat period .