Section 384.50. Alternate approvals and experimental approvals.

 

(1)   General. The provisions of chs. SPS 382 to 384 are not intended to prevent the use of a plumbing material or product not specifically addressed therein if the plumbing material or product has been approved by the department.

(2)   Alternate approval.

(a) Plumbing materials or products determined by the department to comply with the intent of chs. SPS 382 to 384 and ch. 145 , Stats. , and not approved under s. SPS 384.10 , shall be issued an alternate approval. Alternate approvals shall be issued by the department in writing.

(b) The department may require the submission of any information deemed necessary for review. Sufficient evidence shall be submitted to the department to substantiate:

1. Assertions of function and performance; and

2. Compliance with the intent of chs. SPS 382 to 384 and ch. 145 , Stats.

(c) The department shall review and make a determination on an application for alternate approval within 3 months of receipt of all information and fees required to complete the review.

(d) The department may impose specific conditions in issuing an alternate approval, including an expiration date for the alternate approval. Violations of the conditions under which an alternate approval is issued shall constitute a violation of this chapter.

(e) If, upon review, the department determines that a plumbing material or product does not comply with the intent of chs. SPS 382 to 384 and ch. 145 , Stats. , the request for alternate approval shall be denied in writing.

(3)   Experimental approval.

(a) The department may allow the installation of a plumbing material or product for the purpose of proving compliance with the intent of chs. SPS 382 to 384 and ch. 145 , Stats.

(b) An experimental approval shall be required for each plumbing material or product to be installed for the purpose of proving compliance with the intent of chs. SPS 382 to 384 and ch. 145 , Stats. A separate experimental approval shall be obtained for each project where such a product is to be used. Experimental approvals shall be issued by the department in writing. Experimental approvals shall be denied by the department in writing.

(c) The department may require the submission of any information deemed necessary for review.

(d) The department may limit the number of applications it will accept for experimental approval of products.

(e) The department shall review and make a determination on an application for experimental approval within 6 months of receipt of all information and fees required to complete the review.

(f) The department may impose specific conditions in issuing an experimental approval. Violations of the conditions under which an experimental approval is issued shall constitute a violation of this chapter.

(g) If the department issues an experimental approval:

1. Plans detailing the installation of the plumbing material or product shall be submitted to the department in accordance with s. SPS 382.20 (4) or 383.22 .

2. A copy of the experimental approval shall be attached to the submitted plans and approved plans.

3. A letter of consent from the owner of the installation shall be attached to the submitted plans and approved plans. The letter shall acknowledge that the owner has received and read a copy of the experimental approval and s. SPS 384.50 .

4. The completed installation shall be inspected for compliance with the approved plans by the department. A report on the completed installation shall be written by the department.

5. A written report, from the party who was issued the experimental approval, shall be submitted to the department detailing the function and performance of the installed plumbing material or product. The report shall be completed at time intervals specified by the department, but not less than once a year.

6. On-site inspections shall be performed by the department at time intervals specified by the department, but not less than once a year. A report on the inspection shall be written by the department. The department may assess a fee for the inspection.

7. Five years after the date of the completed installation the department shall within 6 months order the removal of the plumbing material or product, issue an approval, or renew the experimental approval for another 5-year period to obtain additional information to determine the result of the experiment.

(h) If chs. SPS 382 to 384 or ch. 145 , Stats. , are revised to include or permit an experimental plumbing material or product to conform with the intent of chs. SPS 382 to 384 and ch. 145 , Stats. , the department shall waive the requirements of par. (f) as to that material or product.

(4)   Modifications. If a plumbing material or product with an alternate or experimental approval or the installation of an experimentally approved plumbing material or product is modified or additional assertions of function or performance are made, the alternate or experimental approval shall be considered null and void, unless the product is resubmitted to the department for review and the approval is reaffirmed.

(5)   Revocation. The department may revoke an alternate or experimental approval issued under this section for any false statements or misrepresentations of facts or data on which the alternate or experimental approval was based or as a result of product failure.

(6)   Limitations. An alternate or experimental approval of a plumbing material or product issued by the department may not be construed as an assumption of any responsibility for defects in design, construction, or performance of any plumbing material or product nor for any damages that may result.

(7)   Fees. Fees for the review of a plumbing material or product under this section and any required on-site inspections shall be submitted in accordance with ch. SPS 302 .

History: Cr. Register, May, 1988, No. 389 , eff. 6-1-88; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1988, No. 392 ; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1994, No. 458 ; am. (3) (g) 1. and 7., Register, April, 2000, No. 532 , eff. 7-1-00; correction in (1), (2) (a), (b) 2., (e), (3) (a), (b), (g) 1., 3., (h), (7) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 .