2023 Wisconsin Statutes & Annotations › Chapter 145 - Plumbing and fire protection systems and swimming pool plan review. › 145.02 - Powers of department.

145.02
Powers of department.
(1)
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.
(2)
(a)
The department shall have general supervision of all plumbing described under sub. (1). The department shall promulgate rules that shall uniformly apply to all types of buildings, private or 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, the standards do not apply to a qualified historic building if the owner elects to be subject to s. 101.121. The standards do not apply to a primitive rural hunting cabin, as defined in s. 101.61 (3).
(b)
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.
(3)
The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. It may, among other things:
(a)
Employ competent supervisors who shall be licensed plumbers, and other assistants, prescribe their qualifications and assign their duties.
(b)
Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and may hold public meetings and attend or be represented at such meetings within or without the state.
(c)
Enter and inspect at reasonable hours plumbing installations on private or public property and may disseminate information relative to the provisions of this chapter.
(d)
Prepare and cause to be printed such codes, bulletins or other documents as may be necessary and furnish copies thereof to those engaged in the plumbing business and to the public upon request.
(e)
Furnish upon request of the owner of the building or of the plumber making the plumbing installation, recommendations or a certificate of inspection.
(f)
Issue special orders directing and requiring compliance with the rules and standards of the department promulgated under this chapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated, except that the department shall issue orders related to occupational licenses, as defined in s. 101.02 (1) (a) 2., as provided in s. 101.022. The circuit court for any county where violation of such an order occurs has jurisdiction to enforce and shall enforce any order brought before it by injunctive and other appropriate relief. The attorney general or the district attorney of the county where the violation of the order occurs shall bring action for its enforcement. The department may issue an order under this paragraph to abate a violation of s. 254.59.
(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.
(4)
(a)
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.
(b)
The department may promulgate rules for the qualification and registration of cross-connection control testers.
(5)
(a)
The department may appoint a city, village, town, or county as an agent of the department that is authorized to review and approve plumbing plans and specifications for plumbing installations specified by the department for public buildings, as defined in s. 101.01 (12), and places of employment, as defined in s. 101.01 (11).
(b)
1.
In this paragraph, “ agent appointment” means an appointment under par. (a) or s. SPS 382.20 (2), Wis. Adm. Code.
2.
The department shall establish requirements for cities, villages, towns, and counties to electronically renew agent appointments every 5 years. The process shall allow cities, villages, towns, and counties with agent appointments made 5 years or more before April 5, 2018, to renew those agent appointments within deadlines specified by the department.
History:  1971 c. 194; 1973 c. 90; 1975 c. 39; 1977 c. 275, 314; 1979 c. 34, 221; 1981 c. 341; 1983 a. 410; 1993 a. 27, 213, 322; 1995 a. 27; 2011 a. 32; 2015 a. 49; 2017 a. 59, 198, 331, 365; 2019 a. 130; 2021 a. 238 s. 45.
Sub. (2) did not invalidate a town ordinance prohibiting residential sewage holding tanks. Konkel v. Town of Raymond, 101 Wis. 2d 704, 305 N.W.2d 190 (Ct. App. 1981).
Counties must obtain state approval before permitting private experimental sanitation systems. Citizen committees appointed by the county board may not engage in setting plumbing standards. 60 Atty. Gen. 209.