Section 384.10. Department approval.

  No fixture, appliance, appurtenance, material, device or product may be sold for use in a plumbing system or may be installed in a plumbing system, unless it is of a type conforming to the standards or specifications of chs. SPS 382 and 383 and this chapter and ch. 145 , Stats.

(1)   Alternate or experimental product approval. If it is alleged that the approval of a fixture, appliance, appurtenance, material, device or product under this section would result in an adverse health effect or potentially adverse health effect on the waters of the state, the department may require an alternate or experimental product approval under s. SPS 384.50 .

(2)   Product review and approval.

(a)

1. Each type of plumbing product which falls into one of the categories specified in Table 384.10 shall be approved by the department in accordance with this subsection before the product may be sold for use in a plumbing system or installed in a plumbing system.

2. Specifications and plans or drawings for each type of product shall be submitted to the department for review. The submittal shall be accompanied by sufficient data and information to determine if the product and its performance comply with the provisions of chs. SPS 382 , 383 and this chapter and ch. 145 , Stats.

(b) The department may require that a submitter of a product for review have the product tested and its performance certified by an approved testing laboratory.

(c) If, upon review, the department determines that a product conforms to the provisions of chs. SPS 382 , 383 and this chapter and ch. 145 , Stats. , the department shall issue an approval in writing. The department may impose specific conditions in granting an approval. Violations of the conditions under which an approval is granted shall constitute a violation of this chapter.

(d) If, upon review, the department determines that a product does not conform to provisions of chs. SPS 382 , 383 and this chapter and ch. 145 , Stats. , the request for approval shall be denied in writing.

(e) The department shall review and make a determination on an application for a product approval within 40 business days of receipt of all fees, plans, drawings, specifications and other information required to complete the review.

(f) If an approved plumbing product is modified or additional assertions of function or performance are made, the approval shall be considered null and void, unless the change is submitted to the department for review and the approval is reaffirmed.

(g) Approvals for plumbing products issued by the department prior to November 1, 1985, shall expire 30 months after the effective date of this section.

(h) Approvals for plumbing products issued by the department after November 1, 1985, shall expire at the end of the 60th month after the date of approval issuance. - See PDF for table

(3)   Voluntary POWTS component review.

(a) The department may issue an approval, upon request and review, for specific methods or technologies that are proposed to be utilized as POWTS holding, treatment or dispersal components which conform to the standards or specifications referenced in chs. SPS 381 , 382 , 383 and this chapter, but do not require approval under sub. (2) or s. SPS 384.50 .

(b) Each request for approval shall be made on a form provided by the department.

(c) The submittal shall be accompanied by sufficient data and information to determine if the method or technology complies with the provisions of chs. SPS 381 , 382 and 383 , and this chapter. The submittal shall include, but not be limited to, all of the following:

1. Plans and specifications.

2. Theory of operation.

3. Testing protocol.

4. Testing data.

5. Limits of reliable operation.

6. Installation requirements and procedures.

7. Inspection checklist and worksheet.

8. Inspection requirements and procedures.

9. Operation and maintenance requirements.

10. Operation and maintenance schedule.

11. Operation and maintenance checklist and worksheet.

(d)

1. The department shall review a submittal under this subsection with input from a technical advisory committee.

2. The members on the technical advisory committee under subd. 1. shall be appointed by the department for staggered 3-year terms and shall include representatives of at least the following groups or organizations:

a. The department of natural resources.

b. Local governmental unit.

c. POWTS designer.

d. Academic or scientific community.

e. Plumber.

f. Environmental group.

g. POWTS component manufacturer.

(e)

1. After review by the technical advisory committee under par. (d) but prior to issuing an approval under par. (f) , the department shall seek public comments on a submittal under this subsection.

2.

a. The department shall place the notice requesting public comment under subd. 1. in the official state newspaper.

b. The department shall include a time limit for public comment in each notice.

3. If the department receives a significant amount of public comment under subd. 2. , the department may elect to recognize the specific method or technology through the rule-making process under ch. 227 , Stats.

(f)

1. If, upon review, the department determines that the method or technology conforms to the provisions of chs. SPS 381 , 382 and 383 and this chapter, the department shall issue an approval in writing.

2. The department may impose specific conditions in granting an approval, including a provision to provide training to POWTS installers and POWTS inspectors.

3. Violations of the conditions under which an approval is granted shall constitute a violation of this chapter.

(g) If, upon review, the department determines that the method or technology does not conform to the provisions of chs. SPS 381 , 382 and 383 and this chapter, the request for approval shall be denied in writing.

(h) The department shall review and make a determination on an application for a method or technology approval within 3 months of receipt of all fees, plans, drawings, specifications and other information required to complete the review, unless the department elects to review the method or technology as part of the rule-making process under ch. 227 , Stats.

(i) If an approved method or technology is modified or additional assertions of function or performance are made, the approval shall be considered null and void, unless the change is submitted to the department for review and the approval is reaffirmed.

(4)   Revocation. The department may revoke any approval issued under this section for any false statements or misrepresentation of facts on which the approval was based, or as a result of the product's failure, or if data indicate a health hazard or threat to the waters of the state.

(5)   Limitations. An approval of a plumbing product by the department may not be construed as an assumption of any responsibility for defects in design, construction or performance of any product nor for any damages that may result. All products shall be installed in accordance with the manufacturer's printed instructions and as specified in chs. SPS 382 to 384 . If there is a conflict between the manufacturer's printed instructions and requirements of chs. SPS 382 to 384 , the requirements of chs. SPS 382 to 384 shall take precedence.

(6)   Fees. Fees for product approval review shall be submitted in accordance with s. SPS 302.66 .

History: Cr. Register, May, 1988, No. 389 , eff. 6-1-88; correction made in (6) under s. 13.93 (2m) (b) 7., Stats., Register, February, 1994, No. 458 ; emerg. am. Table 84.10, (2) (a) (intro.), r. (2) (a) 2., eff. 5-12-94; renum. (2) (a) (intro.), 1. and 2. to be 1., 2. and 3., r. (2) (a) 3., am. Table 84.10, Register, October, 1994, No. 466 , eff. 11-1-94; am. Table 84.10 and r. and recr. (3), Register, April, 2000, No. 532 , eff. 7-1-00; r. (2) (a) 2., renum. (2) (a) (intro.) and 1. to be (2) (a) 1. and 2. and am. (2) (a) 2., am. (5), (6) and Table 84.10, Register, July, 2000, No. 535 , eff. 9-1-00; am. (4) and (5), Register, December, 2000, No. 540 , eff. 1-1-01; CR 02-002 : am. Table Register April 2003 No. 568 , eff. 5-1-03; CR 04-035 : am. Table 84.10 Register November 2004 , eff. 12-1-04; CR 08-055 : am. Table 84.10 Register February 2009 No. 638 , eff. 3-1-09; correction in (intro.), (1), (2) (a) 1., 2., (c), (d), (3) (a), (c) (intro.), (e) 3., (f) 1., (g), (5), (6), Table 384.10 made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 ; CR 11-031 : am. (3) (e) 3. Register June 2013 No. 690 , eff. 7-1-13; EmR1423 : emerg. renum. Table 84.10 rows 1 to 5 and 6 to 2 to 6 and 8 and am. 8, cr. Table rows 1 and 9, eff. 9-27-14; CR 14-056 : renum. Table 84.10 rows 1 to 5 and 6 to 2 to 6 and 8 and am. 8, cr. Table rows 1 and 9 Register July 2015 No. 715 , eff. 8-1-15.

Note

More information about the certification bodies accredited by the American National Standards Institute (ANSI), such as the National Sanitation Foundation, is available at the ANSI website at www.ansi.org ; or at 1899 L Street, NW, 11th Floor Washington, DC, 20036; or at telephone [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 See ch. SPS 384 Appendix for a reprint of the form and addresses of the department where the form may be obtained. Microsoft Windows NT 6.1.7601 Service Pack 1 The official state newspaper at the time this rule goes into effect, July 1, 2000, is the Wisconsin State Journal. Microsoft Windows NT 6.1.7601 Service Pack 1