Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

1 Updated 11−12 Wis. Stats. PLUMBING; FIRE PROTECTION; SWIMMING POOLS 145.01

CHAPTER 145
PLUMBING AND FIRE PROTECTION SYSTEMS AND SWIMMING POOL PLAN REVIEW
145.01 Definitions. 145.14 Plumbers license (restricted).
145.02 Powers of department. 145.15 Licenses.
145.035 Temporary permits. 145.16 Fire sprinkler system apprentices, registration.
145.04 Water and sewerage systems. 145.165 Automatic fire sprinkler fitter−maintenance only registration.
145.045 Certification of soil testers. 145.17 Inspectors and rule making.
145.05 Plumbing supervisors, supervision. 145.175 Automatic fire sprinkler−maintenance only registration.
145.06 License or registration required; exemptions. 145.18 Temporary permits.
145.07 Licenses and registration; examinations. 145.19 Sanitary permits.
145.08 Fees; expiration of license; registration. 145.195 Building on unsewered property.
145.09 State comity. 145.20 Private on−site wastewater treatment systems.
145.10 Investigations, hearings; suspension, revocation. 145.23 Rules.
145.11 Advertising restrictions. 145.24 Variances.
145.12 Prohibitions and penalties. 145.245 Private on−site wastewater treatment system replacement or rehabilitation.
145.13 Adoption of plumbing code. 145.26 Public swimming pool plan review.

Cross−reference: See also chs. SPS 305, 381, 382, 383, 384, 385, 386, 387, and qualified, means the county except that in a county with a popula-
391, Wis. adm. code.
tion of 750,000 or more these terms mean the city, village or town
where the private on−site wastewater treatment system is located.
145.01 Definitions. In this chapter:
(6) JOURNEYMAN AUTOMATIC FIRE SPRINKLER FITTER. “Jour-
(1) AUTOMATIC FIRE SPRINKLER CONTRACTOR. “Automatic fire
neyman automatic fire sprinkler fitter” means any person other
sprinkler contractor” means any individual, firm or corporation
than an automatic fire sprinkler contractor who is engaged in the
who has paid the annual license fee and obtained a license to con-
practical installation of automatic fire sprinkler systems.
duct a business in the design, installation, maintenance or repair
(7) JOURNEYMAN PLUMBER. “Journeyman plumber” means
of automatic fire sprinkler systems.
(2) AUTOMATIC FIRE SPRINKLER SYSTEM. “Automatic fire any person other than a master plumber, who is engaged in the
sprinkler system”, for fire protection purposes, means an inte- practical installation of plumbing.
grated system of underground and overhead piping designed in (8) MASTER PLUMBER. “Master plumber” means any person
accordance with fire protection engineering standards. The sys- skilled in the planning, superintending and the practical installa-
tem includes a suitable water supply, such as a gravity tank, fire tion of plumbing and familiar with the laws, rules and regulations
pump, reservoir or pressure tank or connection beginning at the governing the same.
supply side of an approved gate valve located at or near the prop- (9) PIPELAYER. “Pipelayer” means a person registered under
erty line where the pipe or piping system provides water used s. 145.07 (11).
exclusively for fire protection and related appurtenances and to (10) PLUMBING. (a) “Plumbing” means:
standpipes connected to automatic sprinkler systems. The portion 1. All piping, fixtures, appliances, equipment, devices, and
of the sprinkler system above ground is a network of specially appurtenances in connection with water supply systems, water
sized or hydraulically designed piping installed in a building, distribution systems, wastewater drainage systems, reclaimed
structure or area, generally overhead, and to which sprinklers are water systems, and stormwater use systems, including hot water
connected in a systematic pattern. The system includes a control- storage tanks, water treatment devices, and water heaters con-
ling valve and a device for actuating an alarm when the system is nected with these systems and also includes the installation
in operation. The system is usually activated by heat from a fire thereof.
and discharges water over the fire area. 2. The construction, connection, installation, service, or
(3) AUTOMATIC FIRE SPRINKLER SYSTEM APPRENTICE. “Auto- repair of any drain or wastewater piping system that connects to
matic fire sprinkler system apprentice” means any person other the mains or other terminal within the bounds of, or beneath an
than an automatic fire sprinkler system contractor or a journey- area subject to easement for highway purposes, including private
man automatic fire sprinkler system fitter who is engaged in learn- on−site wastewater treatment systems and stormwater treatment
ing and assisting in the installation of automatic fire sprinkler sys- and dispersal systems, and the alteration of any such systems,
tems and who is employed under an apprentice contract under s. drains or wastewater piping.
106.01. 3. The construction, connection, installation, service, or
(3m) CROSS−CONNECTION CONTROL DEVICE. “Cross− repair of water service piping that connects to the main or other
connection control device” means any mechanical device that water utility service terminal within the bounds of, or beneath an
automatically prevents backflow from a contaminated source in area subject to easement for highway purposes and its connec-
or into a water supply system. tions.
(3s) C ROSS−CONNECTION CONTROL TESTER. “Cross− 4. The water pressure system other than municipal systems as
connection control tester” means a person who conducts a perfor- provided in ch. 281.
mance test of an installed cross−connection control device.
5. A plumbing and drainage system so designed and vent pip-
(4) DEPARTMENT. “Department” means the department of ing so installed as to keep the air within the system in free circula-
safety and professional services. tion and movement; to prevent with a margin of safety unequal air
(4m) FAILING PRIVATE ON−SITE WASTEWATER TREATMENT SYS- pressures of such force as might blow, siphon or affect trap seals,
TEM. “Failing private on−site wastewater treatment system” has or retard the discharge from plumbing fixtures, or permit sewer air
the meaning specified under s. 145.245 (4). to escape into the building; to prohibit cross−connection, contami-
(5) GOVERNMENTAL UNIT RESPONSIBLE FOR REGULATION OF PRI- nation or pollution of the water supply and distribution systems;
VATE ON−SITE WASTEWATER TREATMENT SYSTEMS. “Governmental and to provide an adequate supply of water to properly serve,
unit responsible for the regulation of private on−site wastewater cleanse and operate all fixtures, equipment, appurtenances and
treatment systems” or “governmental unit”, unless otherwise appliances served by the plumbing system.
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

145.01 PLUMBING; FIRE PROTECTION; SWIMMING POOLS Updated 11−12 Wis. Stats. 2

(br) “Plumbing” does not include any of the following: to those engaged in the plumbing business and to the public upon
1. A rainwater gutter or downspout down to the point that it request.
discharges into a plumbing system, a subsoil drain, or a foundation (e) Furnish upon request of the owner of the building or of the
drain. plumber making the plumbing installation, recommendations or
2g. A process water reuse system if the process water reuse a certificate of inspection.
system is not connected to any plumbing fixture or appliance. (f) Issue special orders directing and requiring compliance
2m. A stormwater culvert under a roadway or walkway that with the rules and standards of the department promulgated under
is placed there only to equalize the water level from one end of the this chapter whenever, in the judgment of the department, the rules
culvert to the other end. or standards are threatened with violation, are being violated or
3. The practical installation of process piping within a sewage have been violated. The circuit court for any county where viola-
disposal plant. tion of such an order occurs has jurisdiction to enforce and shall
(11) PLUMBING APPRENTICE. “Plumbing apprentice” means enforce any order brought before it by injunctive and other appro-
any person other than a journeyman or master plumber who is priate relief. The attorney general or the district attorney of the
engaged in learning and assisting in the installation of plumbing county where the violation of the order occurs shall bring action
and drainage. for its enforcement. The department may issue an order under this
paragraph to abate a violation of s. 254.59.
(12) PRIVATE ON−SITE WASTEWATER TREATMENT SYSTEM. “Pri-
vate on−site wastewater treatment system” means a sewage treat- (g) By rule, fix fees for the examination and approval of plans
ment and disposal system serving a single structure with a septic of plumbing systems and collect the same.
tank and soil absorption field located on the same parcel as the (h) Promulgate rules concerning the testing of cross−
structure. This term also means an alternative sewage system connection control devices, including rules identifying the types
approved by the department including a substitute for the septic of cross−connection control devices that may be tested only by a
tank or soil absorption field, a holding tank, a system serving more registered cross−connection control tester and the circumstances
than one structure or a system located on a different parcel than the under which cross−connection control devices shall be tested.
structure. A private on−site wastewater treatment system may be (4) (a) The department shall prescribe rules as to the qualifica-
owned by the property owner or by a special purpose district. tions, examination and licensing of master and journeyman
(13) REGISTERED LEARNER. “Registered learner” means a per- plumbers and restricted plumber licensees, for the licensing of
son, other than a restricted plumber licensee, who is learning a utility contractors, for the registration of plumbing apprentices
limited type of plumbing and is engaged in assisting a restricted and pipe layers and for the registration and training of registered
plumber licensee. learners. The plumbers council, created under s. 15.407 (16), shall
(14) RESTRICTED PLUMBER LICENSEE. “Restricted plumber advise the department in formulating the rules.
licensee” means any person licensed as a master plumber (b) The department may promulgate rules for the qualification
(restricted) or a journeyman plumber (restricted) under s. 145.14. and registration of cross−connection control testers.
(15) UTILITY CONTRACTOR. “Utility contractor” means a per- History: 1971 c. 194; 1973 c. 90; 1975 c. 39; 1977 c. 275, 314; 1979 c. 34, 221;
son licensed under s. 145.07 (10). 1981 c. 341; 1983 a. 410; 1993 a. 27, 213, 322; 1995 a. 27; 2011 a. 32.
(17) WATERS OF THE STATE. “Waters of the state” has the mean- Cross−reference: See also chs. SPS 381, 382, 383, 384, 385, 386, 387, and 391,
Wis. adm. code.
ing specified under s. 281.01 (18). Sub. (2) did not invalidate a town ordinance prohibiting residential sewage holding
History: 1971 c. 255; 1977 c. 314; 1979 c. 34, 221; 1981 c. 20; 1983 a. 189, 410, tanks. Konkel v. Town of Raymond, 101 Wis. 2d 704, 305 N.W.2d 190 (Ct. App.
538; 1991 a. 39; 1993 a. 213, 322; 1995 a. 27 ss. 4355 and 9116 (5); 1995 a. 227; 2009 1981).
a. 200, 291; 2011 a. 32, 146; 2013 a. 124; 2013 a. 173 s. 33. Counties must obtain state approval before permitting private experimental sanita-
tion systems. Citizen committees appointed by the county board may not engage in
145.02 Powers of department. (1) The construction, setting plumbing standards. 60 Atty. Gen. 209.
installation and maintenance of plumbing in connection with all
buildings in this state, including buildings owned by the state or 145.035 Temporary permits. The department may issue
any political subdivision thereof, shall be safe, sanitary and such temporary revocable permits to master and journeyman plumbers
as to safeguard the public health and the waters of the state. pending examination, and for such purpose may appoint agents
(2) The department shall have general supervision of all such without compensation or may authorize one of its examiners or
plumbing and shall after public hearing prescribe and publish and plumbing supervisors to hold a special permit examination, the
enforce reasonable standards therefor which shall be uniform and result of which to be reported to the department in writing. The
of statewide concern so far as practicable. Any employee desig- department may make rules and prescribe procedure governing
nated by the department may act for the department in holding the issuance of such permits.
such public hearing. To the extent that the historic building code History: 1971 c. 40.
applies to the subject matter of these standards, the standards do
not apply to a qualified historic building if the owner elects to be 145.04 Water and sewerage systems. (1) ORDINANCE
subject to s. 101.121. RULES. A 1st, 2nd or 3rd class city with a water system or sewerage
(3) The department may exercise such powers as are reason- system shall, and a village, 4th class city, town, county or metro-
ably necessary to carry out the provisions of this chapter. It may, politan sewerage commission may, by ordinance, prescribe rules
among other things: relating to local permits for the installation, alteration and inspec-
(a) Employ competent supervisors who shall be licensed tion of plumbing to safeguard the public health.
plumbers, and other assistants, prescribe their qualifications and (2) NO LOCAL LICENSES. No city, village, town, town sanitary
assign their duties. district, county, metropolitan sewerage district commission or
other agency may require the licensing of any person licensed or
(b) Conduct investigations and experiments for the advance-
registered under this chapter or prohibit the person from engaging
ment of technical knowledge relating to plumbing and may hold
in or working at business within the scope of the person’s license
public meetings and attend or be represented at such meetings
or permit.
within or without the state.
(3) REPORTS TO DEPARTMENT. The authorities of any such city
(c) Enter and inspect at reasonable hours plumbing installa- or metropolitan sewerage district shall report to the department
tions on private or public property and may disseminate informa- each failure on the part of a state licensed plumber to qualify as a
tion relative to the provisions of this chapter. journeyman or master plumber and each willful violation of any
(d) Prepare and cause to be printed such codes, bulletins or plumbing regulation.
other documents as may be necessary and furnish copies thereof History: 1971 c. 194; 1989 a. 56; 1993 a. 482; 1995 a. 378.

2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

3 Updated 11−12 Wis. Stats. PLUMBING; FIRE PROTECTION; SWIMMING POOLS 145.07

145.045 Certification of soil testers. (1) POWERS AND (3) Each member or employee of a partnership or limited
DUTIES. The department shall by rule establish an examining pro- liability company or each officer or employee of a corporation
gram for the certification of soil testers, setting such standards as engaging in the business of superintending plumbing installations
the department finds necessary to accomplish the purposes of this shall be required to apply for and obtain a master plumber’s
chapter. Such standards shall include formal written examina- license before engaging in the work of superintending plumbing
tions for all applicants. The department shall charge applicants for installations.
the cost of examination and certification. After July 1, 1974, no (3m) No person may test the performance of cross−
person may construct soil bore holes or conduct soil percolation connection control devices when the test is required by the depart-
tests or other similar tests specified by the department that relate ment unless he or she is registered with the department as a cross−
to private on−site wastewater treatment systems unless the person connection control tester.
holds a valid certificate issued under this section. (4) This section shall not apply to:
(2) REVOCATION OF CERTIFICATE. The department may revoke (a) Plumbing work done by a property owner in a one−family
or suspend the certification of any soil tester but only after a for- building owned and occupied by him or her as his or her home or
mal hearing for the practice of any fraud or deceit in obtaining the farm building, except where such license is required by local ordi-
certificate or any gross negligence, incompetence or misconduct nance.
in the practice of soil testing.
(b) Plumbing from the private water supply pump to and
(3) PLUMBERS AND SEPTIC TANK INSTALLERS. A plumber or sep- including the initial pressure tank and connection to an existing
tic tank installer may also be a soil tester and install any system water distribution system, when installed by persons licensed
after approval of the site or project by the department or the gov- under ch. 280.
ernmental unit responsible for the regulation of private on−site
wastewater treatment systems. (c) Installation of sewer and water service piping from the
History: 1973 c. 287; 1975 c. 41; 1979 c. 34, 221; 1993 a. 482; 2007 a. 147; 2011 main to the property lot line, when installed by authorized munici-
a. 146. pal utility employees or sewer and water utility installers under a
Cross−reference: See also s. SPS 305.33, Wis. adm. code. contract with a municipality.
Soil absorption tests conducted by persons certified under this section must be
accepted by county governments. 63 Atty. Gen. 586. (d) Making minor repairs to faucets, valves, pipes or appli-
ances, repair or replacement of electrical or gas energy or other
145.05 Plumbing supervisors, supervision. (1) The automatic valves or control devices or removing of stoppages in
common council of a 1st, 2nd or 3rd class city with a water system waste or drainage pipes.
or sewerage system, or the officer or board in charge, shall appoint (e) Installation of sewer and water mains, when installed by
one or more plumbing supervisors, who shall be licensed plumb- sewer and water utility contractors and their employees.
ers, and unless under civil service shall serve for a term of 4 years (f) Installation, repair or replacement of water service piping,
or more subject to removal for just cause except as otherwise pro- from the property line to the meter, including meter installation,
vided by ordinance when first appointed, but need not renew their to service any building or structure or proposed building or struc-
licenses while they continue in office. The common council of a
ture when such installation, repair or replacement is accomplished
4th class city, the board of a village, town or county or the commis-
by employees of a public municipal water utility, providing such
sioner in charge of any metropolitan sewerage district may
utility regularly has engaged in such installation, repair or replace-
appoint one or more plumbing supervisors who shall be practical
plumbers, skilled sanitarians, or competent persons familiar with ment for at least 5 years prior to January 1, 1964.
History: 1977 c. 314; 1983 a. 189; 1993 a. 112, 322, 482, 490; 1995 a. 227.
plumbing and unless under civil service shall serve for a term of Cross−reference: See also ss. SPS 305.90, 305.91, 305.92, 305.93, 305.94,
4 years or more subject to removal for just cause except as other- 305.95, 305.96, 305.97, 305.98, and 305.99, Wis. adm. code.
wise provided by ordinance. They shall supervise all plumbing,
new or alterations or repairs, and report to the appointing body 145.07 Licenses and registration; examinations.
violations of regulations, and perform such other appropriate (2) Application for a master or journeyman plumber’s examina-
duties as may be required. Their compensation shall be fixed by tion, temporary permit or license shall be made to the department
the council, board or commission. with fees. Unless the applicant is entitled to a renewal of license,
(2) If a water system or sewerage system is established in any a license shall be issued only after the applicant passes a satisfac-
city, village, town or metropolitan sewerage district which has not tory examination showing fitness. No such license or permit shall
provided for a board or officer to supervise plumbing, drainage be transferable.
and sewerage, the department shall take immediate and entire (3) An applicant for examination for licensure as a master
control of plumbing, drainage and sewerage intended to be con- plumber shall submit evidence satisfactory to the department as
nected with the water system or sewerage system, and exercise all follows:
the powers conferred by this section until such municipalities or (a) A specific record of not less than 1,000 hours per year expe-
district provides for such supervision. rience for 3 or more years as a licensed journeyman plumber in
History: 1989 a. 56; 1995 a. 378.
this state; or
145.06 License or registration required; exemptions. (b) Graduation in engineering from a school or college
(1) (a) No person may engage in or work at plumbing in the state approved by the department.
unless licensed to do so by the department. A master plumber may (4) An applicant for examination for licensure as a journey-
work as a journeyman. No person may act as a plumbing appren- man plumber shall submit evidence satisfactory to the department
tice or pipe layer unless registered with the department. that he or she has completed a plumbing apprenticeship under s.
(b) No public utility shall engage in or perform plumbing 106.025.
unless exempted by sub. (4). (5) Any resident who has been actively engaged in this state
(2) No person shall install plumbing unless at all times a in a limited type of plumbing installation work for a period of not
licensed master plumber is in charge, who shall be responsible for less than 1,000 hours per year for 2 or more years as a licensed
proper installation. Licenses shall be issued only to individuals journeyman plumber (restricted) may be examined for licensure
and no license shall be issued to or in the name of any firm or cor- as a master plumber (restricted).
poration. No such license shall be transferable. It is unlawful for (6) Applicants for examination for licensure as a journeyman
any licensed master plumber to allow the use of his or her license, plumber (restricted) shall have completed one continuous year of
directly or indirectly, for the purpose of obtaining local permits for work experience consisting of not less than 1,000 hours per year
others or to allow the use of his or her license by others to install and give evidence of completion of shop training and related
plumbing work. instruction as the department by rule requires.
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

145.07 PLUMBING; FIRE PROTECTION; SWIMMING POOLS Updated 11−12 Wis. Stats. 4

(7) A person shall be registered as a registered learner with the tion made prior to the date of expiration. The department may
department without examination or training prequalifications and renew licenses or registrations upon application made after the
shall not be required to be employed under an apprentice contract date of expiration if it is satisfied that the applicant has good cause
under s. 106.01. for not applying for renewal prior to the date of expiration and
(9) Master plumbers, journeyman plumbers and apprentices upon payment of the renewal and additional fees prescribed.
are not subject to the restrictions under s. 145.14. (3) To establish a record of beginning an apprenticeship, as a
(10) An application for a utility contractor’s license shall be plumber, as an automatic fire sprinkler system apprentice, or as a
made to the department with fees required by the department plumber learner (restricted), every plumbing and automatic fire
under s. 145.08 (1) (o). The department shall issue a utility con- sprinkler system apprentice and every plumbing learner
tractor’s license to any person who is skilled in the planning, (restricted) shall within 30 days after beginning an apprenticeship
superintending and practical installation, within public or private or learnership register with the department. A fee established by
premises, of piping which conveys sewage, rain water or other liq- the department by rule shall be paid at the time of registration and
uid wastes to a legal point of disposal and who is skilled in the before January 1 of each subsequent calendar year during which
design, planning, superintending and practical installation of the apprentice is engaged in the apprenticeship or learnership.
water service piping from the street main to the immediate inside History: 1971 c. 255; 1975 c. 39, 199; 1977 c. 314; 1981 c. 20; 1981 c. 60 ss. 6,
building perimeter. 11; 1981 c. 314; 1993 a. 16, 322; 1995 a. 417; 2005 a. 25; 2009 a. 28; 2011 a. 146.
(11) An application for registration as a pipelayer shall be
made to the department with the fees required by the department 145.09 State comity. Any person may be accepted for
under s. 145.08 (1) (q). The department shall approve the registra- examination for the appropriate classification of license without
tion of any person as a pipelayer if the person is employed by a submitting evidence required under s. 145.07, if:
utility contractor and if the person is engaged in the practical (1) The person holds a current license under the laws of any
installation, within public or private premises, of piping which other state, or under the ordinances of any city, town or village,
conveys sewage, rain water or other liquid wastes to a legal point having license provisions governing plumbers that the department
of disposal or engages in the practical installation of water service determines are equivalent to the requirements of this chapter; or
piping from the street main to the immediate inside building (2) The person has practical experience in plumbing in
perimeter. another state that the department determines is equivalent to the
(12) An applicant for registration as a cross−connection con- experience required under this chapter.
History: 1981 c. 60.
trol tester shall submit an application and registration fee to the
department as prescribed by the rules promulgated under s. 145.02 145.10 Investigations, hearings; suspension, revoca-
(4) (b). tion. (1) The department may make investigations and conduct
History: 1975 c. 39; 1977 c. 314; 1981 c. 60, 314; 1993 a. 213, 322; 1995 a. 286;
2009 a. 291; 2011 a. 146, 257. hearings and may, on its own or upon complaint in writing duly
signed and verified by the complainant, and after providing not
145.08 Fees; expiration of license; registration. less than 10 days’ notice to the licensee, suspend any master or
(1) The department shall establish fees by rule for the examina- journeyman plumber’s license, cross−connection control tester’s
tions, licenses, and registrations specified in this section. The fees registration, utility contractor’s license or temporary permit if it
established by the department shall as closely as possible equal the has reason to believe, and may revoke such license, registration
cost of providing the following services: or permit in the manner provided under this section if it finds, that
(a) Administering a master plumber’s examination. the holder of such license, registration or permit has:
(b) Issuing a master plumber’s license. (a) Made a material misstatement in the application for a
license or registration or renewal thereof or for a temporary per-
(c) Administering a journeyman plumber’s examination. mit;
(d) Issuing a journeyman plumber’s license. (am) Committed gross negligence or misconduct or is incom-
(e) Issuing a temporary permit pending examination and petent in the practice covered by the person’s license, registration
issuance of a license for master plumber or journeyman plumber. or permit;
(f) Administering a master plumber’s (restricted) examination. (b) Failed to correct an installation for which he or she is
(g) Issuing a master plumber’s license (restricted). responsible, at his or her own expense, within 30 days following
(h) Administering a journeyman plumber’s (restricted) notification by the department of a violation of any rule adopted
examination. under this chapter; or
(i) Issuing a journeyman plumber’s license (restricted). (c) Falsified information on an inspection form under s. 145.20
(k) Administering an automatic fire sprinkler contractor’s (5).
examination. (2) A copy of the complaint with notice of the suspension of
license, registration or permit shall be served on the person com-
(L) Issuing an automatic fire sprinkler contractor’s license.
plained against, and the person’s answer to the complaint shall be
(Lm) Issuing an automatic fire sprinkler — maintenance only filed with the department and the complainant within 10 days after
registration. service. The department shall thereupon set the matter for hearing
(m) Administering a journeyman automatic fire sprinkler fit- as promptly as possible and within 30 days after the date of filing
ter’s examination. the complaint. Either party may appear at the hearing in person
(n) Issuing a journeyman automatic fire sprinkler fitter’s or by attorney or agent. The department shall make its findings
license. and determination within 90 days after the date that the hearing is
(nm) Issuing an automatic fire sprinkler fitter — maintenance concluded and send a copy to each interested party.
only registration certificate. (3) No order revoking a license, registration or permit shall be
(o) Issuing a utility contractor’s license. made until after a public hearing to be held before the department
at such place as the department designates. At least 10 days prior
(q) Issuing a pipelayer’s registration. to the hearing the department shall send written notice of the time
(1g) The department may not charge a plumbing supervisor and place of the hearing to the licensee or permittee and to the per-
employed by the department in accord with s. 145.02 (3) (a) a fee son’s attorney or agent of record by mailing the notice to the last−
for the appropriate 4−year license for which the plumbing supervi- known address of such persons. The testimony presented and pro-
sor has previously qualified. ceedings had at the hearing shall be recorded and preserved as the
(2) No license or registration may be issued for longer than 4 records of the department. The department shall as soon thereafter
years. Any license or registration may be renewed upon applica- as possible make its findings and determination and send a copy
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

5 Updated 11−12 Wis. Stats. PLUMBING; FIRE PROTECTION; SWIMMING POOLS 145.14

to each interested party. One year after the date of revocation, 1. The procedure for issuing an order for an alleged violation.
application may be made for a new license or registration. 2. The amount of a forfeiture that the department may assess
History: 1977 c. 314, 418; 1979 c. 34; 1981 c. 1 s. 47; 1981 c. 60; 1983 a. 27, 70; for an alleged violation, subject to the limit under par. (a).
1991 a. 39; 1993 a. 322; 2005 a. 347.
3. The procedure for contesting an order issued for an alleged
145.11 Advertising restrictions. (1) No person offering violation.
plumbing services may do any of the following, unless the person 4. The procedure for contesting the assessment of a forfeiture
is a licensed master plumber or employs a licensed master for an alleged violation.
plumber: (c) The department shall remit all forfeitures paid under this
(a) Advertise as a plumbing contractor, master plumber or subsection to the secretary of administration for deposit in the
plumber. school fund.
(b) Append his or her name to, or in connection with, the title (d) All forfeitures that are not paid as required under this sub-
“plumbing contractor”, “master plumber” or “plumber”. section shall accrue interest at the rate of 12 percent per year.
(c) Append his or her name to any other title or words that may (e) The attorney general may bring an action in the name of the
tend to represent the person as a plumbing contractor, master state to collect any forfeiture imposed, or interest accrued, under
plumber or plumber. this subsection if the forfeiture or interest has not been paid after
(2) No person other than a licensed master plumber shall use the exhaustion of all administrative and judicial reviews.
History: 1971 c. 255; 1981 c. 20, 60; 1983 a. 410; 1993 a. 482; 1995 a. 225; 2005
or display the title “Master Plumber” or append his or her name a. 182; 2007 a. 197.
to or in connection with such title or any other title or words which
represent or may tend to represent him or her as a licensed master 145.13 Adoption of plumbing code. The state plumbing
plumber. Every holder of a master plumber’s license shall code and amendments to that code as adopted by the department
promptly notify the department of any change of his or her busi- have the effect of law in the form of standards statewide in applica-
ness address. tion and shall apply to all types of buildings, private or public,
(3) Any person who advertises as a master plumber through rural or urban, including buildings owned by the state or any polit-
the use of printed material designed for public distribution shall ical subdivision thereof. The state plumbing code shall comply
include in the advertisement the number of his or her license as a with ch. 160. All plumbing installations shall so far as practicable
master plumber. Any person who advertises as a plumbing con- be made to conform with such code.
tractor through the use of printed material designed for public dis- History: 1971 c. 194; 1983 a. 410; 1993 a. 213.
tribution shall include in the advertisement the license number of Wisconsin administrative code ch. Comm 83 [now ch. SPS 383], Private Onsite
Wastewater Treatment Systems, created Register April, 2000, is valid. League of
the master plumber employed by the plumbing contractor. Wisconsin Municipalities v. Department of Commerce, 2002 WI App 137, 256 Wis.
(4) Subsection (1) does not apply to any person who adver- 2d 183, 647 N.W.2d 301, 01−1035.
tises as providing services for which no license is required under
s. 145.06, unless the person holds himself or herself out as provid- 145.14 Plumbers license (restricted). (1) LIMITATIONS.
ing services for which a license is required. (a) Persons licensed as master plumbers (restricted), journeyman
History: 1983 a. 125; 1993 a. 482. plumbers (restricted) or registered learners shall be classified by
the department under sub. (2) and shall be restricted to the type of
145.12 Prohibitions and penalties. (1) Any person who work for which they have been classified and to the requirements
engages in or follows the business or occupation of, or advertises indicated in this section.
or holds himself or herself out as or acts temporarily or otherwise (b) Persons licensed as journeyman plumbers (restricted) or
as a master plumber, as an automatic fire sprinkler contractor or registered learners shall work under the supervision of a master
as a business establishment holding an automatic fire sprink- plumber or a master plumber (restricted). A master plumber
ler−maintenance only registration certificate without first having (restricted) may also work as a journeyman plumber (restricted).
secured the required license or certificate, or who otherwise vio- No journeyman plumber (restricted) or registered learner shall
lates any provisions of this chapter, shall be fined not less than contract for work, advertise or do anything which would lead oth-
$100 nor more than $500 or imprisoned for 30 days or both. Each ers to believe him to be qualified as a master plumber (restricted)
day such violation continues shall be a separate offense. in his classification.
(2) Any person violating this chapter or failing to obey a law- (c) All persons licensed as master plumbers (restricted), jour-
ful order of the department, or a judgment or decree of a court in neyman plumbers (restricted) or registered learners shall be sub-
connection with this chapter, may be imprisoned for not more than ject to all laws and rules governing plumbers. If qualified, persons
3 months or fined not more than $500. may be licensed under any number of classifications under sub.
(3) Any master plumber who shall employ an apprentice on (2). Separate licenses shall be issued under sub. (2) (a) and (b), but
plumbing representing the apprentice to be a journeyman, or who licenses issued under sub. (2) (b) may extend to any number of
shall charge for an apprentice a journeyman’s wage, shall be pun- items under that paragraph.
ished by a fine of not more than $25, or by imprisonment in the (2) CLASSIFICATIONS. The classifications which the depart-
county jail for not more than 30 days. Each day of violation shall ment shall use are a sewer services classification and an “appli-
be a separate offense. ances, equipment and devices” classification. Persons so classi-
(4) Any person who violates any order under s. 145.02 (3) (f) fied may engage in the following types of work:
or 145.20 (2) (f) or any rule or standard adopted under s. 145.13 (a) Systems or services. Persons classified under this para-
shall forfeit not less than $10 nor more than $1,000 for each viola- graph may install septic tanks for private on−site wastewater treat-
tion. Each violation of an order under s. 145.02 (3) (f) or 145.20 ment systems, may install drain fields designed to serve such sep-
(2) (f) or a rule or standard under s. 145.13 constitutes a separate tic tanks, and may install sewer service from the septic tank or
offense and each day of continued violation is a separate offense. sewer extensions from mains to the immediate inside or proposed
(5) (a) In lieu of any other penalty under this section, the inside foundation wall of the building. Such persons may also
department may directly assess a forfeiture by issuing an order install water services, stormwater use systems, and reclaimed
against any person who violates s. 145.06 or 145.20 (6). The water systems if the services or systems are to be located outside
department may not assess a forfeiture exceeding $2,000 for each the foundation wall of the building.
violation. (b) Appliances, equipment or devices. Under this paragraph
(b) The department shall promulgate rules specifying the pro- persons installing a water treatment device, a water heater, or any
cedures governing the assessment of forfeitures under this subsec- other item in connection with a water distribution system, includ-
tion including the following: ing a stormwater use or reclaimed water system, which does not
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

145.14 PLUMBING; FIRE PROTECTION; SWIMMING POOLS Updated 11−12 Wis. Stats. 6

require a direct connection to a drain system are limited to making ify the qualifications for issuing an automatic fire
connections to existing installations. There shall be no drilling, sprinkler−maintenance only registration certificate. The depart-
tapping, or direct connection made to any waste or drain pipe to ment shall, by rule, specify the activities in which a person holding
serve items installed under this section. The maximum length of a registration certificate under this section may engage.
water piping permitted to be installed under this section shall be History: 1981 c. 20.
the minimum required to connect the item to the system. Cross−reference: See also ss. SPS 305.53, and 305.54, Wis. adm. code.
History: 2007 a. 147; 2009 a. 200; 2011 a. 146.
145.18 Temporary permits. The department may issue tem-
145.15 Licenses. (1) No city, village, town or county may porary permits to journeymen automatic fire sprinkler system fit-
require the licensing of any person licensed or registered under ss. ters or to automatic fire sprinkler contractors pending examination
145.15 to 145.18 for any activity regulated under ss. 145.15 to of applicants for licenses. The department may also issue tempo-
145.18 or rules adopted thereunder. rary permits to applicants for automatic fire sprinkler−
(2) All licenses issued under ss. 145.15 to 145.18 shall be maintenance only registration certificates. The department shall,
issued by the department. The department shall not restrict the by rule, prescribe the procedure for issuing these permits.
work done by any licensed journeyman sprinkler system fitter of Examination fees shall be paid at the time the permit is issued.
History: 1971 c. 255; 1981 c. 20.
any automatic fire sprinkler contractor or apprentice to any geo-
graphical territory. 145.19 Sanitary permits. (1b) DEFINITION. In this section,
(3) Any person not licensed under this chapter prior to April “sanitary permit” means a permit authorizing the installation of a
26, 1972, who was regularly engaged in the occupation of instal- private on−site wastewater treatment system that is issued by the
ling automatic fire sprinkler systems on or before March 1, 1967, department or any governmental unit responsible for the regula-
shall be licensed under ss. 145.15 to 145.18 without being tion of private on−site wastewater treatment systems.
required to pass any written, oral or practical examination qualify- (1g) PERMIT REQUIRED. No person may purchase or install a
ing the person for a license under ss. 145.15 to 145.18. Any such private on−site wastewater treatment system unless the owner of
person shall apply for the appropriate license and pay the appro- the property on which the private on−site wastewater treatment
priate license fee. system is to be installed holds a valid sanitary permit issued under
(4) No person may install automatic fire sprinkler systems this section. No person may sell at retail, as defined under s.
unless licensed or registered to do so by the department. Licenses 100.201 (1) (d), a septic tank for installation in this state unless the
and registrations pertaining to automatic fire sprinkler systems are purchaser holds a valid sanitary permit issued under this section.
not transferable. (1m) APPLICATION PROCESS. The department shall prescribe
History: 1971 c. 255; 1981 c. 20; 1993 a. 482.
Cross−reference: See also ss. SPS 305.50, 305.51, and 305.52, Wis. adm. code. the information to be included in an application for a sanitary per-
mit. The applicant shall submit the completed application for a
145.16 Fire sprinkler system apprentices, registra- sanitary permit to the governmental unit. The governmental unit
tion. Automatic fire sprinkler system apprentices may not be shall approve or disapprove the sanitary permit according to the
required to apply for any license but shall register with the depart- rules promulgated by the department under this chapter.
ment as an apprentice. The apprentices shall be enrolled in a quali- (1r) TEST RESULTS. The results of any percolation test or other
fied apprenticeship sprinkler fitters program recognized by the test relating to the disposal of liquid domestic wastes into the soil
department. shall be retained by the governmental unit where the property is
History: 1971 c. 255; 1979 c. 221. located. The governmental unit shall make the test results avail-
Cross−reference: See also s. SPS 305.53, Wis. adm. code. able to an applicant for a sanitary permit and shall accept the test
results as the basis for a sanitary permit application unless the soil
145.165 Automatic fire sprinkler fitter−maintenance
at the test site is altered to the extent that a new soil test is neces-
only registration. (1) An automatic fire sprinkler fitter−
sary.
maintenance only registration certificate is required for any per-
son who is employed to maintain automatic fire sprinkler systems (2) FEE. No fee for a sanitary permit may be less than the
by a business establishment registered under s. 145.175. The amount determined under department rule. The governing body
department shall, by rule, specify the requirements for issuing an for the governmental unit responsible for the regulation of private
automatic fire sprinkler fitter−maintenance only registration cer- on−site wastewater treatment systems may establish a fee for a
tificate and specify the activities in which a person holding a cer- sanitary permit which is more than the amount determined under
tificate under this section may engage. department rule. A governmental unit may not charge more than
(2) This section does not apply to any person registered under one fee for a sanitary permit or the renewal of a sanitary permit in
s. 145.16 or licensed under s. 145.17 (2). any 12−month period.
History: 1981 c. 20. (3) FEES AND RECORDS OF PERMITS FORWARDED TO THE DEPART-
Cross−reference: See also ss. SPS 305.54 and 305.55, Wis. adm. code. MENT. The governmental unit responsible for the regulation of pri-
vate on−site wastewater treatment systems shall forward to the
145.17 Inspectors and rule making. (1) The department department within 90 days after each valid permit is issued a por-
may employ competent supervisors, who shall be licensed auto- tion of the fee, as determined under department rule. The govern-
matic fire sprinkler contractors or journeymen automatic fire mental unit shall also compile a periodic summary of the permits
sprinkler system fitters, and may employ other persons. that it has issued. The summary shall contain the information
(2) The department shall prescribe rules as to the qualifica- required by the department by rule, and shall be submitted by the
tions, examination and licensing of journeymen automatic fire governmental unit to the department at intervals to be determined
sprinkler system fitters and automatic fire sprinkler contractors by the department by rule.
and for the registration and training of automatic fire sprinkler sys- (3m) NOTICE IN PERMIT. A sanitary permit shall include a
tem apprentices. The automatic fire sprinkler system contractors notice displayed conspicuously and separately on the permit form,
and journeymen council, created under s. 15.407 (17), shall advise to inform the permit holder that:
the department in formulating the rules. (a) The purpose of the sanitary permit is to allow installation
History: 1971 c. 255; 1979 c. 102, 221; 1995 a. 27; 2011 a. 32, 146.
of the private on−site wastewater treatment system described in
145.175 Automatic fire sprinkler−maintenance only the permit.
registration. An automatic fire sprinkler−maintenance only (b) The approval of the sanitary permit is based on regulations
registration certificate is required before any business establish- in force on the date of approval.
ment may maintain or repair existing automatic fire sprinkler sys- (c) The sanitary permit is valid and may be renewed for a speci-
tems in its physical facilities. The department shall, by rule, spec- fied period.
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

7 Updated 11−12 Wis. Stats. PLUMBING; FIRE PROTECTION; SWIMMING POOLS 145.20

(d) Changed regulations will not impair the validity of a sani- town sanitary district or public inland lake protection and rehabi-
tary permit. litation district agrees to assume those duties.
(e) Renewal of the sanitary permit will be based on regulations (b) The governmental unit responsible for the regulation of pri-
in force at the time renewal is sought, and that changed regulations vate on−site wastewater treatment systems shall obtain the ser-
may impede renewal. vices of a certified soil tester, either as an employee or under con-
(f) The sanitary permit is transferable. tract, to review and verify certified soil tester reports under sub.
(4) USE OF FEE. The portion of this fee retained by the govern- (2).
mental unit responsible for the regulation of private on−site waste- (2) GOVERNMENTAL UNIT RESPONSIBILITIES. The governmental
water treatment systems shall be used for the administration of pri- unit responsible for the regulation of private on−site wastewater
vate on−site wastewater treatment system programs. treatment systems shall:
(6) GROUNDWATER FEE. In addition to the fee under sub. (2), (a) Review certified soil tester reports for proposed private on−
the governmental unit responsible for the regulation of private on− site wastewater treatment systems and verify the report at the pro-
site wastewater treatment systems shall collect a groundwater fee posed site, if necessary.
of $25 for each sanitary permit. The governmental unit shall for- (b) Approve or disapprove applications for sanitary permits
ward this fee to the department together with the fee under sub. and assist applicants in preparing an approvable application.
(3). The moneys collected under this subsection shall be credited (c) Issue written notice to each applicant whose sanitary permit
to the environmental fund for environmental management. application is disapproved. Each notice shall state the specific
(7) PERIOD OF VALIDITY. A sanitary permit is valid for 2 years reasons for disapproval and amendments to the application, if any,
from the date of issue and renewable for similar periods thereafter. which render the application approvable. Each notice shall also
A sanitary permit shall remain valid to the end of the established give notice of the applicant’s right to appeal and the procedures for
period, notwithstanding any change in the state plumbing code or conducting an appeal under ch. 68.
in any private on−site wastewater treatment system ordinance dur- (d) Inspect all private on−site wastewater treatment systems
ing that period. after construction but before backfilling no later than the end of
(8) TRANSFER OF PERMIT. A sanitary permit may be transferred the next workday, excluding Saturdays, Sundays and holidays,
from the holder to a subsequent owner of the land, except that the after receiving notice from the plumber in charge.
subsequent owner must obtain a new copy of the sanitary permit (e) File reports and conduct surveys and inspections as
from the issuing agent. required by the governmental unit responsible for the regulation
History: 1979 c. 34, 221; 1983 a. 27; 1983 a. 189 s. 329 (20); 1983 a. 410; 1987
a. 27; 1989 a. 31; 1997 a. 27; 2011 a. 146 ss. 63 to 65, 68 to 74. of private on−site wastewater treatment systems or the depart-
Cross−reference: See also s. SPS 302.67, Wis. adm. code. ment.
(f) Investigate violations of the private on−site wastewater
145.195 Building on unsewered property. (1) No treatment system ordinance and s. 254.59 (2), issue orders to abate
county, city, town or village may issue a building permit for con- the violations and submit orders to the district attorney, corpora-
struction of any structure requiring connection to a private on−site tion counsel or attorney general for enforcement.
wastewater treatment system unless a private on−site wastewater (g) Perform other duties regarding private on−site wastewater
treatment system satisfying all applicable regulations already treatment systems as considered appropriate by the governmental
exists to serve the proposed structure or all permits necessary to unit responsible for the regulation of private on−site wastewater
install a private on−site wastewater treatment system have been treatment systems or as required by the rules of the department.
obtained. (h) Inspect existing private on−site wastewater treatment sys-
(2) Before issuing a building permit for construction of any tems to determine compliance with s. 145.195 if a building or
structure on property not served by a municipal sewage treatment structure is being constructed which requires connection to an
plant, the county, city, town or village shall determine that the pro- existing private on−site wastewater treatment system. The county
posed construction does not interfere with a functioning private e is not required to conduct an on−site inspection if a building or
on−site wastewater treatment system. The county, city, town or structure is being constructed which does not require connection
village may require building permit applicants to submit a detailed to an existing private on−site wastewater treatment system.
plan of the owner’s existing private on−site wastewater treatment (i) Adopt and enforce the maintenance program under sub. (5).
system. (3) DEPARTMENT RESPONSIBILITIES. (a) 1. The department
History: 1977 c. 258; 1999 a. 150 s. 87; Stats. 1999 s. 145.195; 2007 a. 147; 2011
a. 146. may specify categories of private on−site wastewater treatment
NOTE: Chapter 258, laws of 1977, which created this section, contains a prefa- systems for which approval by the department is required prior to
tory note. issuance of sanitary permits by the governmental unit responsible
Cross−reference: See also ch. SPS 383, Wis. adm. code.
for the regulation of private on−site wastewater treatment sys-
An onsite inspection of an existing private sewage system must be made before a
building permit may be issued for any type of construction requiring a connection to tems.
that system. 75 Atty. Gen. 38. 2. The department may exempt a governmental unit from any
category of private on−site wastewater treatment systems for
145.20 Private on−site wastewater treatment systems. which departmental approval is required prior to sanitary permit
(1) ORGANIZATION AND PERSONNEL. (a) The governing body of issuance under subd. 1., upon a determination, in accordance with
the governmental unit responsible for the regulation of private on− rules promulgated by the department, that past performance of the
site wastewater treatment systems may assign the duties of governmental unit on reviews and audits under par. (b) has been
administering the private on−site wastewater treatment system satisfactory and that the governmental unit has the capacity to give
program to any office, department, committee, board, commis- the same level of application and plan review as that provided by
sion, position or employee of that governmental unit. the department. The department may revoke an exemption upon
(am) The governing body of the governmental unit responsible a finding that performance of the governmental unit on a review
for the regulation of private on−site wastewater treatment systems or audit conducted subsequent to the granting of the exemption is
may delegate the duties of administering the private on−site unsatisfactory or that the governmental unit is not giving the same
wastewater treatment system program to a town sanitary district level of application and plan review as that provided by the depart-
or public inland lake protection and rehabilitation district with the ment. Findings in a revocation action may be made only after a
powers of a town sanitary district within the town sanitary district public hearing upon 30 days’ advance notice to the clerk of the
or public inland lake protection and rehabilitation district if the governmental unit. The department shall submit a report under
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

145.20 PLUMBING; FIRE PROTECTION; SWIMMING POOLS Updated 11−12 Wis. Stats. 8

s.13.172 (2) to the chief clerk of each house of the legislature, at treatment system does not have a maintenance plan as prescribed
the beginning of each legislative session, describing the exemp- by rule by the department. Inspections may be conducted by a
tions under this subdivision. master plumber, journeyman plumber or restricted plumber
(b) The department shall review the private on−site wastewater licensed under this chapter, a person licensed under s. 281.48 or
treatment system program in each governmental unit responsible by an employee of the state or governmental unit designated by the
for the regulation of private on−site wastewater treatment systems department, and the department may determine by rule other per-
to ascertain compliance with sub. (2) and with regulations issued sons who are qualified to undertake required inspection, mainte-
by the department. This review shall include a random audit of nance, or repairs. The department shall specify the methods to
sanitary permits, including verification by on−site inspection. establish the required frequency of inspection, maintenance, and
pumping for each type of private on−site wastewater treatment
(c) If the governing body for a governmental unit responsible
system that does not have a maintenance plan and shall periodi-
for the regulation of private on−site wastewater treatment systems
cally update the methods.
does not adopt a private on−site wastewater treatment system
ordinance meeting the requirements of s. 59.70 (5) or if the gov- (c) The department of natural resources may suspend or revoke
ernmental unit does not appoint personnel meeting the require- a license issued under s. 281.48 or a certificate issued under s.
ments of sub. (1) or if the governmental unit does not comply with 281.17 (3) to the operator of a septage servicing vehicle if the
the requirements of sub. (2) or s. 145.19 (3), the department may department of natural resources finds that the licensee or operator
conduct hearings in the county seat upon 30 days’ notice to the falsified information on inspection forms. The department of
county clerk. As soon as practicable after the public hearing, the safety and professional services may suspend or revoke the
department shall issue a written decision regarding compliance license of a plumber licensed under this chapter if the department
with s. 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department finds that the plumber falsified information on inspection forms.
determines that there is a violation of these provisions, the govern- (6) RESTRICTIONS ON REVIEWERS AND INSPECTORS. (a) Except
mental unit may not issue a sanitary permit for the installation of as provided in par. (b), a governmental unit employee who has
a private on−site wastewater treatment system until the violation responsibilities related to any of the activities under sub. (2) (a) to
is corrected. (i) may not do any of the following in the county in which the
(d) The department shall conduct training and informational employee is employed or in an adjacent county:
programs for officials of the governmental unit responsible for the 1. Conduct any activities for which certification is required
regulation of private on−site wastewater treatment systems and under s. 145.045 (1), except that the employee may review and
employees and persons licensed under this chapter and s. 281.48 verify soil tester reports as provided in sub. (2) (a).
and certified as operators of septage servicing vehicles under s. 2. Install, design, maintain, repair, or sell a private on−site
281.17 (3) to improve the delivery of service under the private on− wastewater treatment system, component of a private on−site
site wastewater treatment system program. The department shall wastewater treatment system, drain field designed to serve a pri-
obtain the assistance of the Wisconsin counties association in vate on−site wastewater treatment system, or pipe from a private
planning and conducting the training and informational programs. on−site wastewater treatment system to the immediate inside of
(4) SPECIAL ASSESSMENT FOR HOLDING AND SEPTIC TANK PUMP- the existing or proposed foundation wall of the building served by
ING. A governmental unit may assess the owner of a private on− the private on−site wastewater treatment system.
site wastewater treatment system for costs related to the pumping (b) Paragraph (a) does not apply to activities performed by an
of a septic or holding tank. The governmental unit shall make any employee on property owned by the employee that is outside of
assessment in the same manner that a city, village or town makes the governmental unit for which the employee works.
an assessment under s. 66.0703. History: 1979 c. 34, 221; 1981 c. 120; 1983 a. 192 s. 303 (7); 1983 a. 410; 1987
a. 27, 160; 1989 a. 31; 1993 a. 16, 27; 1995 a. 201, 227; 1999 a. 150 s. 672; 2005 a.
(5) MAINTENANCE. (a) The department shall establish a main- 347 ss. 12, 14; 2007 a. 197; 2009 a. 392; 2011 a. 32, 134, 146; 2013 a. 165.
tenance program to be administered by governmental units Cross−reference: See also ch. SPS 383, Wis. adm. code.
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive
responsible for the regulation of private on−site wastewater treat- explanatory notes.
ment systems. The department shall determine the private on−site
wastewater treatment systems to which the maintenance program 145.23 Rules. The department may make and enforce rules
applies. At a minimum the maintenance program is applicable to relating to lot size and lot elevation necessary for proper sanitary
all new or replacement private on−site wastewater treatment sys- conditions in the development and maintenance of subdivisions
tems constructed in a governmental unit after the date on which not served by a public sewer, where provision for such service has
the governmental unit adopts this program. The department may not been made.
apply the maintenance program by rule to private on−site waste- History: 1979 c. 221 ss. 607, 649.
water treatment systems constructed in a governmental unit
responsible for the regulation of private on−site wastewater treat- 145.24 Variances. (1) If an existing private on−site waste-
ment systems on or before the date on which the governmental water treatment system either is not located in soil meeting the sit-
unit adopts the program. The department shall determine the pri- ing standards or is not constructed in accordance with design stan-
vate on−site wastewater treatment systems to which the mainte- dards promulgated under s. 145.02 or 145.13, the owner of the
nance program applies in governmental units that do not meet the private on−site wastewater treatment system may petition the
conditions for eligibility under s. 145.245 (9). department for a variance to the siting or design standards.
(am) Each governmental unit responsible for the regulation of (2) The department shall establish procedures for the review
private on−site wastewater treatment systems shall adopt and and evaluation of existing private on−site wastewater treatment
begin the administration of the program established under par. (a) systems which do not comply with siting or design standards.
before October 1, 2019. As part of adopting and administering the (3) Upon receipt of a petition for a variance, the department
program, the governmental unit shall conduct and maintain an shall require the owner of the private on−site wastewater treat-
inventory of all the private on−site wastewater treatment systems ment system to submit information necessary to evaluate the
located in the governmental unit and shall complete the initial request for a variance. If the department determines that the exist-
inventory before October 1, 2017. In order to be eligible for grant ing private on−site wastewater treatment system is not a failing
funding under s. 145.245, a governmental unit must comply with private on−site wastewater treatment system, and continued use
these deadlines. of the existing private on−site wastewater treatment system will
(b) The maintenance program shall include a requirement of not pose a threat of contamination of waters of the state, then the
inspection or pumping of the private on−site wastewater treatment department may issue a variance to allow continued use of the
system at least once every 3 years if the private on−site wastewater existing private on−site wastewater treatment system. The depart-
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

9 Updated 11−12 Wis. Stats. PLUMBING; FIRE PROTECTION; SWIMMING POOLS 145.245

ment shall rescind the variance if the existing private on−site (5) ELIGIBILITY. (a) 1. A person is eligible for grant funds
wastewater treatment system becomes a failing private on−site under this section if he or she owns a principal residence which is
wastewater treatment system or contaminates waters of the state. served by a category 1 or 2 failing private on−site wastewater
History: 1983 a. 410; 2011 a. 146. treatment system, if the private on−site wastewater treatment sys-
tem was installed before July 1, 1978, if the family income of the
145.245 Private on−site wastewater treatment system person does not exceed the income limitations under par. (c), if the
replacement or rehabilitation. (1) DEFINITIONS. In this sec- amount of the grant determined under sub. (7) is at least $100, if
tion: the residence is not located in an area served by a sewer and if
(a) “Determination of failure” means any of the following: determination of failure is made prior to the rehabilitation or
1. A determination that a private on−site wastewater treat- replacement of the failing private on−site wastewater treatment
ment system is failing, according to the criteria under sub. (4), system.
based on an inspection of the private on−site wastewater treatment 2. A business is eligible for grant funds under this section if
system by an employee of the state or a governmental unit who is it owns a small commercial establishment which is served by a
certified to inspect private on−site wastewater treatment systems category 1 or 2 failing private on−site wastewater treatment sys-
by the department. tem, if the private on−site wastewater treatment system was
2. A written enforcement order issued under s. 145.02 (3) (f), installed before July 1, 1978, if the gross revenue of the business
145.20 (2) (f) or 281.19 (2). does not exceed the limitation under par. (d), if the small commer-
3. A written enforcement order issued under s. 254.59 (1) by cial establishment is not located in an area served by a sewer and
a governmental unit. if a determination of failure is made prior to the rehabilitation or
replacement of the private on−site wastewater treatment system.
(ae) “Governmental unit” means a governmental unit respon-
sible for the regulation of private on−site wastewater treatment 3. A person who owns a principal residence or small commer-
systems. “Governmental unit” also includes a federally recog- cial establishment which is served by a category 1 or 2 failing pri-
nized American Indian tribe or band. vate on−site wastewater treatment system may submit an applica-
(am) “Indian lands” means lands owned by the United States tion for grant funds during the 3−year period after the
and held for the use or benefit of Indian tribes or bands or individ- determination of failure is made. Grant funds may be awarded
ual Indians and lands within the boundaries of a federally recog- after work is completed if rehabilitation or replacement of the sys-
nized reservation that are owned by Indian tribes or bands or indi- tem meets all requirements of this section and rules promulgated
vidual Indians. under this section.
(b) “Participating governmental unit” means a governmental (b) Each principal residence or small commercial establish-
unit which applies to the department for financial assistance under ment may receive only one grant under this section.
sub. (8) and which meets the conditions specified under sub. (9). (c) 1. In order to be eligible for grant funds under this section,
(c) “Principal residence” means a residence which is occupied the annual family income of the person who owns the principal
at least 51% of the year by the owner. residence may not exceed $45,000.
(dm) “Sewage” means the water−carried wastes created in and 2. Except as provided under subd. 4., annual family income
to be conducted away from residences, industrial establishments, shall be based upon the federal adjusted gross income of the owner
and public buildings as defined in s. 101.01 (12), with such surface and the owner’s spouse, if any, as computed for the taxable year
water or groundwater as may be present. prior to the year in which the determination of failure is made.
(e) “Small commercial establishment” means a commercial 3. In order to be eligible for grant funds under this section, a
establishment or business place with a maximum daily waste person shall submit a copy of the federal income tax returns upon
water flow rate of less than 5,000 gallons per day. which the determination of federal adjusted gross income under
subd. 2. was made together with any application required by the
(4) FAILING PRIVATE ON−SITE WASTEWATER TREATMENT SYS-
TEMS. The department shall establish criteria for determining if a
governmental unit.
private on−site wastewater treatment system is a failing private 4. A governmental unit may disregard the federal income tax
on−site wastewater treatment system. A failing private on−site return that is submitted under subd. 3. and may determine annual
wastewater treatment system is one which causes or results in any family income based upon satisfactory evidence of federal
of the following conditions: adjusted gross income or projected federal adjusted gross income
(a) The discharge of sewage into surface water or groundwater. of the owner and the owner’s spouse in the current year. The
department shall promulgate rules establishing criteria for deter-
(b) The introduction of sewage into zones of saturation which mining what constitutes satisfactory evidence of federal adjusted
adversely affects the operation of a private on−site wastewater gross income or projected federal adjusted gross income in a cur-
treatment system. rent year.
(c) The discharge of sewage to a drain tile or into zones of bed- (d) 1. In order to be eligible for grant funds under this section,
rock. the annual gross revenue of the business that owns the small com-
(d) The discharge of sewage to the surface of the ground. mercial establishment may not exceed $362,500.
(e) The failure to accept sewage discharges and back up of 2. Except as provided in subd. 4., annual gross revenue shall
sewage into the structure served by the private on−site wastewater be based upon the gross revenue of the business for the taxable
treatment system. year prior to the year in which the determination of failure is made.
(4m) CATEGORIES OF FAILING PRIVATE ON−SITE WASTEWATER The department shall promulgate rules establishing criteria for
TREATMENT SYSTEMS. For the purposes of this section, the depart- determining what constitutes satisfactory evidence of gross reve-
ment shall establish the category of each failing private on−site nue in a prior taxable year.
wastewater treatment system for which a grant application is sub- 3. In order to be eligible for grant funds under this section, a
mitted, as follows: business shall submit documentation required by the department
(a) Category 1: failing private on−site wastewater treatment under subd. 2. together with any application required by the gov-
systems described in sub. (4) (a) to (c). ernmental unit.
(b) Category 2: failing private on−site wastewater treatment 4. A governmental unit may disregard the documentation of
systems described in sub. (4) (d). gross revenue for the taxable year prior to the year in which the
(c) Category 3: failing private on−site wastewater treatment determination of failure is made and may determine annual gross
systems described in sub. (4) (e). revenue based upon satisfactory evidence of gross revenue of the
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

145.245 PLUMBING; FIRE PROTECTION; SWIMMING POOLS Updated 11−12 Wis. Stats. 10

business in the current year. The department shall promulgate except that the department may not revise the grant funding tables
rules establishing criteria for determining what constitutes satis- more often than once every 2 years.
factory evidence of gross revenue in a current year. (d) Except as provided in par. (e), if the income of a person who
(e) The department of revenue shall, upon request by the owns a principal residence that is served by a category 1 or 2 fail-
department, verify the income information submitted by an appli- ing private on−site wastewater treatment system is greater than
cant or grant recipient. $32,000, the amount of the grant under this section is limited to the
(5m) DENIAL OF APPLICATION. (a) The department or a gov- amount determined under par. (c) less 30% of the amount by
ernmental unit shall deny a grant application under this section if which the person’s income exceeds $32,000.
the applicant or a person who would be directly benefited by the (e) Costs allowable for experimental private on−site waste-
grant intentionally caused the conditions which resulted in a cate- water treatment systems shall include the costs of installing and
gory 1 or 2 failing private on−site wastewater treatment system. monitoring experimental private on−site wastewater treatment
The department or governmental unit shall notify the applicant in systems installed under s. 145.02 (3) (b) and this section. The
writing of a denial, including the reason for the denial. department shall promulgate rules that specify how the depart-
(b) The department shall notify a governmental unit if an indi- ment will select, monitor and allocate the state share for experi-
vidual’s name appears on the statewide support lien docket under mental private on−site wastewater treatment systems that the
s. 49.854 (2) (b). The department or a governmental unit shall department funds under this section.
deny an application under this section if the name of the applicant (8) APPLICATION. (a) In order to be eligible for a grant under
or an individual who would be directly benefited by the grant this section, a governmental unit shall make an application for
appears on the statewide support lien docket under s. 49.854 (2) replacement or rehabilitation of private on−site wastewater treat-
(b), unless the applicant or individual who would be benefited by ment systems of principal residences or small commercial estab-
the grant provides to the department or governmental unit a pay- lishments and shall submit an application for participation to the
ment agreement that has been approved by the county child sup- department. The application shall be in the form and include the
port agency under s. 59.53 (5) and that is consistent with rules pro- information the department prescribes. In order to be eligible for
mulgated under s. 49.858 (2) (a). funds available in a fiscal year, an application is required to be
(6) USE OF FUNDS. (a) Except for grants under par. (b), funds received by the department prior to February 1 of the previous fis-
available under a grant under this section shall be applied to the cal year.
rehabilitation or replacement of the private on−site wastewater (b) An American Indian tribe or band may submit an applica-
treatment system. An existing private on−site wastewater treat- tion for participation for any Indian lands under its jurisdiction.
ment system may be replaced by an alternative private on−site (9) CONDITIONS; GOVERNMENTAL UNITS. As a condition for
wastewater treatment system or by a system serving more than obtaining grant funding under this section, a governmental unit
one principal residence. shall:
(b) Funds available under a grant under this section for experi- (a) Adopt and administer the maintenance program estab-
mental private on−site wastewater treatment systems shall be lished under s. 145.20 (5);
applied to the installation and monitoring of the experimental pri-
(b) Certify that grants will be used for private on−site waste-
vate on−site wastewater treatment systems.
water treatment system replacement or rehabilitation for a princi-
(7) ALLOWABLE COSTS; STATE SHARE. (a) Except as provided
pal residence or small commercial establishment owned by a per-
in par. (e), costs allowable in determining grant funding under this
son who meets the eligibility requirements under sub. (5), that the
section may not exceed the costs of rehabilitating or replacing a
funds will be used as provided under sub. (6) and that allowable
private on−site wastewater treatment system which would be nec-
costs will not exceed the amount permitted under sub. (7);
essary to allow the rehabilitated system or new system to meet the
minimum requirements of the state plumbing code promulgated (c) Certify that grants will be used for private on−site waste-
under s. 145.13. water treatment systems which will be properly installed and
maintained;
(b) Except as provided in par. (e), costs allowable in determin-
ing grant funding under this section may not exceed the costs of (d) Certify that grants provided to the governmental unit will
rehabilitating or replacing a private on−site wastewater treatment be disbursed to eligible owners;
system by the least costly methods, except that a holding tank may (e) Establish a process for regulation and inspection of private
not be used as the measure of the least costly method for rehabili- on−site wastewater treatment systems;
tating or replacing a private on−site wastewater treatment system (f) Establish a system of user charges and cost recovery if the
other than a holding tank. governmental unit considers this system to be appropriate. User
(c) Except as provided in pars. (d) and (e), the state grant share charges and cost recovery may include the cost of the grant
under this section is limited to $7,000 for each principal residence application fee and the cost of supervising installation and mainte-
or small commercial establishment to be served by the private on− nance; and
site wastewater treatment system or to the amount determined by (g) Establish a system which provides for the distribution of
the department based upon private on−site wastewater treatment grant funds received among eligible applicants based on the
system grant funding tables, whichever is less. The department amount requested in the application as approved by the depart-
shall prepare and publish private on−site wastewater treatment ment. If the amount received by a county is insufficient to fully
system grant funding tables which specify the maximum state fund all grants, the county shall prorate grant funds on the same
share limitation for various components and costs involved in the basis as sub. (11m).
rehabilitation or replacement of a private on−site wastewater (10) ASSISTANCE. The department shall make its staff avail-
treatment system based upon minimum size and other require- able to provide technical assistance to each governmental unit.
ments specified in the state plumbing code promulgated under s. The department shall prepare and distribute to each participating
145.02. The maximum state share limitations shall be designed governmental unit a manual of procedures for the grant program
to pay approximately 60% of the average allowable cost of private under this section.
on−site wastewater treatment system rehabilitation or replace- (11) ALLOCATION OF FUNDS. (b) Determination of eligible
ment based upon estimated or actual costs of that rehabilitation or applications. At the beginning of each fiscal year the department
replacement. The department shall revise the grant funding tables shall determine the state grant share for applications from eligible
when it determines that 60% of current costs of private on−site owners received by participating governmental units. The depart-
wastewater treatment system rehabilitation or replacement ment may revise this determination if a governmental unit does
exceed the amounts in the grant funding tables by more than 10%, not meet the conditions specified under sub. (9) or if it determines
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

11 Updated 11−12 Wis. Stats. PLUMBING; FIRE PROTECTION; SWIMMING POOLS 145.245

that individuals do not meet eligibility requirements under sub. 1. Pledge the security, if any, required by the department of
(5). administration under this subsection.
(c) Allocation. The department shall allocate available funds 2. Demonstrate to the satisfaction of the department of admin-
for grants to each participating governmental unit according to the istration the financial capacity to assure sufficient revenues to
total amount of the state grant share for all eligible applications repay the loan.
received by that governmental unit. (e) The department of safety and professional services and the
(d) Limitation; commercial establishments. The department department of administration may enter into a financial assistance
may not allocate more than 10% of the funds available under this agreement with a governmental unit that applies for a loan under
subsection each fiscal year for grants for small commercial estab- this subsection and meets the eligibility requirements for a loan,
lishments. including the requirements under par. (d).
(e) Limitation; experimental private on−site wastewater treat- (f) The department of administration, in consultation with the
ment systems. The department may not allocate more than 10% department of safety and professional services, may establish
of the funds available under this subsection each fiscal year for those terms and conditions of a financial assistance agreement that
grants for the installation and monitoring of experimental private relate to its financial management, including what type of munici-
on−site wastewater treatment systems. pal obligation is required for the repayment of the financial assist-
(11m) PRORATING. (a) Except as provided in par. (d), the ance. In setting the terms and conditions, the department of
department shall prorate available funds under this subsection if administration may consider factors that the department of admin-
funds are not sufficient to fully fund all applications. A prorated istration finds are relevant, including the type of obligation evi-
payment shall be deemed full payment of the grant. dencing the loan, the pledge of security for the obligation and the
(b) Except as provided in par. (d), if funds are sufficient to fully applicant’s creditworthiness.
fund all category 1 but not all category 2 failing private on−site (g) The department of administration shall make and disburse
wastewater treatment systems, the department shall fully fund all a loan to an applicant that has entered into a financial assistance
category 1 systems and prorate the funds for category 2 systems
agreement under par. (e). The department of administration, in
on a proportional basis.
consultation with the department of safety and professional ser-
(c) Except as provided in par. (d), if funds are not sufficient to vices, shall establish procedures for disbursing loans.
fully fund all category 1 failing private on−site wastewater treat-
(h) If a governmental unit fails to make a principal repayment
ment systems, the department shall fund the category 1 systems
on a proportional basis and deny the grant applications for all cate- after its due date, the department of administration shall place on
gory 2 systems. file a certified statement of all amounts due under this subsection.
After consulting the department of safety and professional ser-
(d) The department is not required to prorate available funds vices, the department of administration may collect all amounts
for grants for the installation and monitoring of experimental pri- due by deducting those amounts from any state payments due the
vate on−site wastewater treatment systems.
governmental unit or may add a special charge to the amount of
(12) DETERMINATION OF ELIGIBILITY; DISBURSEMENT OF
taxes apportioned to and levied upon the county under s. 70.60.
GRANTS. (a) The department shall review applications for partici-
If the department of administration collects amounts due, it shall
pation in the state program submitted under sub. (8). The depart-
remit those amounts to the fund to which they are due and notify
ment shall determine if a governmental unit submitting an
application meets the conditions specified under sub. (9). the department of safety and professional services of that action.
(b) The department shall promulgate rules which shall define (13) INSPECTION. Agents of the department or the governmen-
payment mechanisms to be used to disburse grants to a govern- tal unit may enter premises where private on−site wastewater
mental unit. treatment systems are located pursuant to a special inspection
warrant as required under s. 66.0119, to collect samples, records
(12m) LOANS TO GOVERNMENTAL UNITS. (a) A governmental
and information and to ascertain compliance with the rules and
unit to which the department allocates funds under sub. (11) for
orders of the department or the governmental unit.
a fiscal year may apply to the department for a loan under this sub-
(14) ENFORCEMENT. (a) If the department has reason to
section if the department prorates funds under sub. (11m) for that
believe that a violation of this section or any rule promulgated
fiscal year. A governmental unit may only use a loan under this
subsection to increase the amounts of grants to persons eligible under this section has occurred, it may:
under sub. (5) above the amounts that would be provided without 1. Cause written notice to be served upon the alleged violator.
a loan under this subsection or to provide grants to persons eligible The notice shall specify the alleged violation, and contain the find-
under sub. (5) who would otherwise not receive grants, because ings of fact on which the charge of violation is based, and may
of the operation of sub. (11m) (c), but the total amount provided include an order that necessary corrective action be taken within
to a person under this section may not exceed the amount autho- a reasonable time. This order shall become effective unless, no
rized under sub. (7). later than 30 days after the date the notice and order are served, the
(b) A loan under this subsection bears no interest. A loan under person named in the notice and order requests in writing a hearing
this subsection may not exceed the difference between the amount before the department. Upon this request and after due notice, the
of the grant that the governmental unit would have received if the department shall hold a hearing. Instead of an order, the depart-
department had not prorated grants under sub. (11) and the amount ment may require that the alleged violator appear before the
of the grant that the governmental unit did receive. If the amount department for a hearing at a time and place specified in the notice
available for loans under s. 20.320 (3) (q) in a fiscal year is not suf- and answer the charges complained of; or
ficient to provide loans to all eligible governmental units applying 2. Initiate action under sub. (15).
for loans, the department shall allocate the available funds in the (b) If after the hearing the department finds that a violation has
same manner as in sub. (11) (c). occurred, it shall affirm or modify its order previously issued, or
(c) A loan approved under this subsection shall be for no longer issue an appropriate order for the prevention, abatement or control
than 20 years, as determined by the department of administration, of the violation or for other corrective action. If the department
and be fully amortized not later than 20 years after the original finds that no violation has occurred, it shall rescind its order. Any
date of the note. order issued as part of a notice or after hearing may prescribe one
(d) As a condition of receiving a loan under this subsection an or more dates by which necessary action shall be taken in prevent-
applicant shall do all of the following: ing, abating or controlling the violation.
2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)
 Updated 2011−12 Wis. Stats. Published and certified under s. 35.18. September 3, 2014.

145.245 PLUMBING; FIRE PROTECTION; SWIMMING POOLS Updated 11−12 Wis. Stats. 12

(d) Additional grants under this section to a governmental unit tions for the construction, alteration or reconstruction of public
previously awarded a grant under this section may be suspended swimming pools or water recreation attractions or the alteration
or terminated if the department finds that a private on−site waste- of public swimming pool equipment in this state.
water treatment system previously funded in the governmental (3) The department shall require payment of fees that are
unit is not being or has not been properly rehabilitated, con- established by rule for the review of plans and specifications for
structed, installed or maintained. the construction, alteration or reconstruction of public swimming
(15) PENALTIES. Any person who violates this section or a rule pools or water recreation attractions or the alteration of public
or order promulgated under this section shall forfeit not less than swimming pool equipment.
$10 nor more than $5,000 for each violation. Each day of contin- (4) No one may maintain, manage or operate a public swim-
ued violation is a separate offense. While an order is suspended, ming pool or water recreation attraction for which construction,
stayed or enjoined, this penalty does not accrue. alteration or reconstruction is made after January 1, 1990, unless
History: 1981 c. 1 s. 33; 1983 a. 27; 1983 a. 189 s. 329 (8); 1983 a. 545; 1985 a. all of the following have taken place:
29; 1987 a. 27; 1989 a. 31, 326; 1991 a. 32; 1991 a. 39 ss. 2564fs to 2564fw, 2622Lm
to 2622n; Stats. 1991 s. 145.245; 1991 a. 189; 1993 a. 16, 27; 1995 a. 27 ss. 4355, 9116 (a) The department has reviewed and approved the construc-
(5); 1995 a. 227, 404; 1999 a. 9; 1999 a. 150 s. 672; 2003 a. 169, 326; 2005 a. 347; tion, alteration or reconstruction under sub. (2).
2009 a. 392; 2011 a. 32, 146; 2013 a. 168 s. 21.
Cross−reference: See also ch. SPS 387 and s. NR 128.30, Wis. adm. code.
(b) The applicable fee under sub. (3) has been paid.
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive (c) The construction, alteration or reconstruction of the public
explanatory notes. swimming pool or water recreation attraction conforms to the
plans and specifications approved by the department under sub.
145.26 Public swimming pool plan review. (1) In this (2).
section, “public swimming pool” means a fixed or mobile struc- (5) The department shall promulgate rules establishing all of
ture, basin, chamber or tank and appurtenant buildings and equip- the following:
ment that serve or are installed for use by the state, a political sub- (a) The definition of “water attraction”.
division of the state, a motel, a hotel, a resort, a camp, a club, an (b) The amounts of fees to perform review of plans and specifi-
association, a housing development, a school, a religious, charita- cations as specified in sub. (2).
ble or youth organization, an educative or rehabilitative facility or (6) Whoever violates this section or the rules promulgated
another entity. “Public swimming pool” does not mean a fixed or under this section may be fined not less than $100 nor more than
mobile structure, basin, chamber or tank that only serves fewer $5,000. Each day of continued violation constitutes a separate
than 3 individual residences. offense.
(2) The department shall, in advance of construction, alter- History: 1989 a. 31; 1993 a. 16 ss. 2402, 2561, 2562; Stats. 1993 s. 145.26.
ation or reconstruction, review and approve plans and specifica- Cross−reference: See also ch. SPS 390, Wis. adm. code.

2011−12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014.
Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9−3−14)