Wis. Admin. Code Department of Safety and Professional Services SPS 305.003

Current through August 26, 2024

Section SPS 305.003 - Definitions

In this chapter:

(1) "Approved" means accepted by the department.

(2) "ASME" means American society of mechanical engineers.

(2m) "ASSE" means American society of sanitary engineering.

(3) "Automatic fire sprinkler contractor" has the meaning specified under s. 145.01 (1), Stats.

Note: Under section 145.01 (1), Stats., "automatic fire sprinkler contractor" means any individual, firm or corporation who has paid the annual license fee and obtained a license to conduct a business in the design, installation, maintenance or repair of automatic fire sprinkler systems.

(4) "Automatic fire sprinkler system" has the meaning specified under s. 145.01 (2), Stats.

Note: Under s. 145.01 (2), Stats., "automatic fire sprinkler system", for fire protection purposes, means an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The system includes a suitable water supply, such as a gravity tank, fire pump, reservoir or pressure tank or connection beginning at the supply side of an approved gate valve located at or near the property line where the pipe or piping system provides water used exclusively for fire protection and related appurtenances and to standpipes connected to automatic sprinkler systems. The portion of the sprinkler system above ground is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area.

(5) "Automatic fire sprinkler system apprentice" has the meaning specified under s. 145.01 (3), Stats.

Note: Under s. 145.01 (3), Stats., "automatic fire sprinkler system apprentice" means any person other than an automatic fire sprinkler system contractor or a journeyman automatic fire sprinkler system fitter who is engaged in learning and assisting in the installation of automatic fire sprinkler systems and who is indentured under ch. 106, Stats.

(6) "Blasting" means any method of loosening, moving or shattering masses of solid matter by use of an explosive.

(7) "Blasting operation" means any enterprise or activity involving blasting.

(8) "Branch" means an office, other than the main business office, involved in the sales of manufactured homes that advertises as a sales location, displays new or used homes, takes sales calls, is staffed by licensed salespersons, has signage of a licensed dealer, and accepts offers or contracts on manufactured homes.

(9) "Broker" means a manufactured home dealer who has no sales lot, no inventory and no ownership interest in the manufactured homes being sold.

(10) "Building permit" means an official document or certificate granting permission to perform construction or erosion control work, except for electrical, plumbing or HVAC, on a one- or 2-family dwelling.

(11) "Business establishment" means any industrial or commercial organization or enterprise, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association.

(12) "Cash price" means the manufactured home dealer asking price including dealer installed options and accessories and additional dealer mark-up, profit and transportation charges, minus the dollar value of cash discounts.

(13) "Cathodic protection tester" means a person who demonstrates an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping systems and metal tanks.

(14) "Conflict of interest" means a certified inspector inspecting work in which the inspector or the inspector's employer, other than the state or a municipality, has participated or has a monetary or personal interest.

(15) "Conveyance" has the meaning defined in ch. SPS 318.

(16) "Corrosion expert" means a person who is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience.

(17) "Damage" means defects caused by reasons other than normal wear through home age and usage.

(18) "Department" means the department of safety and professional services.

(19) "Direct supervision" means to assume the responsibility of an activity of others and its results by providing oversight and guidance at the site where the activity is being conducted.

(20) "Dwelling contractor" means any person, firm or corporation engaged in the business of performing construction or erosion control work on a one- or 2- family dwelling.

Note: Pursuant to s. 101.654 (1) (b), Stats., "dwelling contractor" does not include an owner of a dwelling who resides or will reside in the dwelling.

(21) "Electrical construction" means the installation of electrical wiring. "Electrical construction" does not include the maintenance, repair or fabrication of electrical equipment or the installation of electrical wiring and equipment covered by ch. PSC 114.

(22) "Electrical wiring" has the meaning given in s. 101.80 (1m), Stats.

Note: Under s. 101.80 (1m), Stats., "electrical wiring" means all equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used for the production, modification, regulation, control, distribution, utilization, or safeguarding of electrical energy for mechanical, chemical, cosmetic, heating, lighting, or similar purposes, as specified under the state electrical wiring code. "Electrical wiring" does not include the equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used by a public utility, an electric cooperative, or a wholesale merchant operator for the purpose of generating, transmitting, distributing, or controlling heat, light, power, or natural gas to its customers or members

(23) "Financial statement" means a balance sheet showing assets, liabilities and net worth.

(24) "Fireworks" has the meaning specified under s. 167.10 (1), Stats.

Note: Under s. 167.10 (1), Stats., "fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:

(a) Fuel or a lubricant.

(b) A firearm cartridge or shotgun shell.

(c) A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle.

(d) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.

(e) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.

(f) A toy snake which contains no mercury.

(g) A model rocket engine.

(h) Tobacco and a tobacco product.

(i) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.

(j) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.

(k) A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive mixture.

(l) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.

(m) A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(n) A cone fountain that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(25) "General supervision" means to assume the responsibility of an activity of others and its results without being present at the site where the activity is being conducted.

(26) "HVAC" means heating, ventilating and air conditioning.

(27) "HVAC equipment" means materials, piping, fittings, devices, appliances, apparatus, controls and control wiring used as part of or in connection with permanent heating, ventilating, air conditioning or exhausting systems serving buildings. HVAC equipment does not include residential bathroom fans and kitchen hoods, water heaters, process heating equipment, and space heaters such as masonry fireplaces and chimneys, factory-built fireplaces and venting systems, decorative gas fireplaces, and wood-burning stoves.

(28) "Incompetence" means conduct which evidences a lack of competence or ability to discharge the duty required to protect the health, safety and welfare of the public, lack of knowledge of the fundamental principles of a particular trade or practice, or an inability to apply those principles, or failure to maintain competency in the current practices and methods applicable to the activity and the state statutes and rules governing the activity.

(29) "Journeyman automatic fire sprinkler fitter" has the meaning specified under s. 145.01 (6), Stats.

Note: Under s. 145.01 (6), Stats., "journeyman automatic fire sprinkler fitter" means any person other than an automatic fire sprinkler contractor who is engaged in the practical installation of automatic fire sprinkler systems.

(30) "Journeyman plumber" has the meaning specified under s. 145.01 (7), Stats.

Note: Under s. 145.01 (7), Stats., "journeyman plumber" means any person other than a master plumber, who is engaged in the practical installation of plumbing.

(31) "Journeyman plumber-restricted" means a person licensed under s. 145.14, Stats.

(32) "Licensee" means any manufactured home dealer or manufactured home salesperson or any person who is both a manufactured home dealer and a manufactured home salesperson.

(33) "Lift" means a conveyance device covered under the scope of American Society of Mechanical Engineers (ASME) A18.1a - Safety Standard for Platform Lifts and Stairway Chairlifts.

(34) "Liquefied petroleum gas" has the meaning specified under s. 101.16 (1) (b), Stats.

Note: Section 101.16 (1) (b), Stats., reads: " 'Liquefied petroleum gas' means any material which is composed predominantly of, or any mixtures of, any of the following hydrocarbons including their isomers:

1. Propane.

2. Propylene.

3. Butane.

4. Butylene.

(35) "Listed device" has the meaning specified under s. 167.10 (1) (e), (f) and (i) to (n), Stats.

Note: See the note after the definition of "fireworks", sub. (18), for the statutory language of s. 167.10 (1) (e), (f) and (i) to (n).

(36) "Main business office" means an office involved in the sales of manufactured homes that is the primary management location of the licensed manufactured home dealer.

(37) "Manufactured home" has the meaning given in s. 101.91 (2), Stats.

Note: Under s. 101.91 (2), Stats., "manufactured home" means any of the following:

(am) A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under 42 USC 5401 to 5425.

(c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.

(38) "Manufactured home dealer" has the meaning given in s. 101.91 (3), Stats., except for a person who sells no more than one new or used manufactured home in any one calendar year.

Note: Under s. 101.91 (3), Stats., "manufactured home dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in, manufactured homes or who is engaged wholly or partially in the business of selling manufactured homes, whether or not the manufactured homes are owned by the person, but does not include:

(a) A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court.

(b) Any public officer while performing that officer's official duty.

(c) Any employee of a person enumerated in par. (a) or (b).

(d) Any lender, as defined in s. 421.301 (22).

(e) A person transferring a manufactured home used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.

(39) "Manufactured home community" has the meaning given in s. 101.91 (5m), Stats.

Note: Under s. 101.91 (5m), Stats., "manufactured home community" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. "Manufactured home community" does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the manufactured homes work on the farm.

(40) "Material hoist" has the meaning as given in s. 101.981 (1) (g), Stats.

Note: Section 101.981 (1) (g), Stats., reads: "Material hoist" means a hoist, other than a personnel hoist, that is used to raise or lower materials during construction, alteration, or demolition of a building or structure.

(41) "Master plumber" has the meaning specified under s. 145.01 (8), Stats.

Note: Under s. 145.01 (8), Stats., "master plumber" means any person skilled in the planning, superintending and the practical installation of plumbing and familiar with the laws, rules and regulations governing the same.

(42) "Master plumber-restricted" means a person licensed under s. 145.14, Stats.

(43) "Misconduct" means an act performed by an individual relating to the responsibilities or duties for which the individual has been licensed, registered or certified that jeopardizes the interests of the public, including violation of federal or state laws, local ordinances or administrative rules; preparation of deficient or falsified reports; failure to submit information or reports required by law or contract when requested by the municipality or the department; conduct which evidences a lack of trustworthiness; misrepresentation of qualifications such as education, experience or certification; illegal entry of premises; misuse of funds; or misrepresentation of authority.

(44) "Multipurpose piping system" means a type of water distribution system conveying potable water to plumbing fixtures and appliances and automatic fire sprinklers with the intention of serving both domestic water needs and fire protection needs within a one- or 2-family dwelling or manufactured dwelling.

(45) "Municipality" means a city, village, town or county.

(46) "Negligence" means the failure to exercise the degree of care and judgment to protect public health and safety normally expected of an individual performing activities within the scope of a license, certification or registration category.

(47) "Net worth" means the difference between the asset and liability values on a financial statement. Negative net worth is the excess of liabilities over assets.

(48) "New manufactured home" has the meaning given in s. 101.91 (11), Stats.

Note: Under s. 101.91 (11), Stats., "new manufactured home" means a manufactured home that has never been occupied, used or sold for personal or business use.

(49) "Non-broker" means a manufactured home dealer who has a sales lot, inventory or ownership interest in the manufactured homes being sold.

(50) "PECFA" means petroleum environmental cleanup fund award, as established in s. 292.63, Stats.

Note: Authority over sub. (50) was transferred to the Department of Natural Resources (DNR) by 2013 Wis. Act 20, s. 9138 (7) (f). Sub. (50) is subject to future rulemaking by DNR. See also ss. SPS 305.80 and 305.81 and ch. NR 747.

(51) "Personnel hoist" has the meaning as given in s. 101.981 (1) (h), Stats.

Note: Section 101.981 (1) (h), Stats., reads: "Personnel hoist" means a hoist that is installed inside or outside a building or structure during the construction, alteration, or demolition of the building or structure and that is used to raise and lower workers, other personnel, and materials which the hoist is designed to carry.

(52) "Pipelayer" has the meaning specified under s. 145.01 (9), Stats.

Note: Under s. 145.01 (9), Stats., "pipelayer" means a person registered under s. 145.07 (11).

(53) "Plumbing" has the meaning specified under s. 145.01 (10), Stats.

Note: Section 145.01 (10), Stats., reads:

(10) Plumbing.

(a) "Plumbing" means:

1. All piping, fixtures, appliances, equipment, devices, and appurtenances in connection with water supply systems, water distribution systems, wastewater drainage systems, reclaimed water systems, and stormwater use systems, including hot water storage tanks, water treatment devices, and water heaters connected with these systems and also includes the installation thereof.

2. The construction, connection, installation, service, or repair of any drain or wastewater piping system that connects to the mains or other terminal within the bounds of, or beneath an area subject to easement for highway purposes, including private sewage systems and stormwater treatment and dispersal systems, and the alteration of any such systems, drains or wastewater piping.

3. The construction, connection, installation, service, or repair of water service piping that connects to the main or other water utility service terminal within the bounds of, or beneath an area subject to easement for highway purposes and its connections.

4. The water pressure system other than municipal systems as provided in ch. 281.

5. A plumbing and drainage system so designed and vent piping so installed as to keep the air within the system in free circulation and movement; to prevent with a margin of safety unequal air pressures of such force as might blow, siphon or affect trap seals, or retard the discharge from plumbing fixtures, or permit sewer air to escape into the building; to prohibit cross-connection, contamination or pollution of the water supply and distribution systems; and to provide an adequate supply of water to properly serve, cleanse and operate all fixtures, equipment, appurtenances and appliances served by the plumbing system.

(br) "Plumbing" does not include any of the following:

1. A rainwater gutter or downspout down to the point that it discharges into a plumbing system, a subsoil drain, or a foundation drain.

2g. A process water reuse system if the process water reuse system is not connected to any plumbing fixture or appliance.

2m. A stormwater culvert under a roadway or walkway that is placed there only to equalize the water level from one end of the culvert to the other end.

3. The practical installation of process piping within a sewage disposal plant.

(54) "Plumbing appliance" means any one of a class of plumbing devices which is intended to perform a special function. The operation or control of the appliance may be dependent upon one or more energized components, such as motors, controls, heating elements, or pressure or temperature sensing elements. The devices may be manually adjusted or controlled by the user or operator, or may operate automatically through one or more of the following actions: a time cycle, a temperature range, a pressure range, a measured volume or weight.

(55) "Plumbing apprentice" has the meaning specified under s. 145.01 (11), Stats.

Note: Under s. 145.01 (11), Stats., "plumbing apprentice" means any person other than a journeyman or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage.

(56) "Place of employment" has the meaning specified under s. 101.01 (11), Stats.

Note: Under s. 101.01 (11), Stats., "place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer unrelated residents.

(57) "POWTS" means private onsite wastewater treatment system and has the meaning specified under s. 145.01 (12), Stats., for "private sewage system".

Note: Under s. 145.01 (12), Stats., "private sewage system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage system may be owned by the property owner or by a special purpose district.

(58) "Private interceptor main sewer" has the meaning specified under s. SPS 381.01 (193).

Note: Under s. SPS 381.01 (193)"private interceptor main sewer" means a sewer serving 2 or more buildings and not part of the municipal sewer system.

(59) "Private water main" has the meaning specified under s. SPS 381.01 (195).

Note: Under s. SPS 381.01 (195)"private water main" means a water main serving 2 or more buildings and not part of the municipal water system.

(60) "Process piping" means that piping which is separated from a water supply system or drain system by the appropriate methods or means specified under ch. SPS 382 and is part of a system used exclusively for refining, manufacturing, industrial or shipping purposes of every character and description.

(61) "Public building" has the meaning specified under s. 101.01 (12), Stats.

Note: Under s. 101.01 (12), Stats., "public building" means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer unrelated residents or an adult family home, as defined in s. 50.01 (1).

(63) "Registered learner" has the meaning specified under s. 145.01 (13), Stats.

Note: Under s. 145.01 (13), Stats., "registered learner" means a person, other than a restricted plumber licensee, who is learning a limited type of plumbing and is engaged in assisting a restricted plumber licensee.

(65) "Restricted plumber licensee" has the meaning specified under s. 145.01 (14), Stats.

Note: Under s. 145.01 (14), Stats., "restricted plumber licensee" means any person licensed as a master plumber (restricted) or a journeyman plumber (restricted) under s. 145.14, Stats.

(66) "Retail purchaser" means any purchaser not licensed as a manufactured home dealer or a manufactured home salesperson.

(67) "Sanitary building sewer" has the meaning specified under s. SPS 381.01 (45).

Note: Under s. SPS 381.01 (45)"sanitary building sewer" means a building sewer which conveys wastewater consisting in part of domestic wastewater.

(68) "Site" means any plot of land which is owned or rented, and used or intended to be used for the accommodation of a manufactured home for residential purposes.

(69) "Storm building sewer" has the meaning specified under s. SPS 381.01 (46).

Note: Under s. SPS 381.01 (46)"storm building sewer" means a building sewer which conveys storm water wastes or clear water wastes, or both.

(70) "UDC" means chs. SPS 320 to 325, the Wisconsin uniform dwelling code.

(71) "Used manufactured home" has the meaning given in s. 101.91 (12), Stats.

Note: Under s. 101.91 (12), Stats., "used manufactured home" means a manufactured home that has previously been occupied, used or sold for personal or business use.

(72) "Utility contractor" has the meaning specified under s. 145.01 (15), Stats.

(73) "Water service" has the meaning specified under s. SPS 381.01 (282).

Note: Under s. SPS 381.01 (282)"water service" means that portion of a water supply system from the water main or private water supply to the building control valve.

(74) "Water supply system" has the meaning specified under s. SPS 381.01 (284).

Note: Under s. SPS 381.01 (284)"water supply system" means the piping of a private water main, water service and water distribution system, fixture supply connectors, fittings, valves, and appurtenances through which water is conveyed to points of usage such as plumbing fixtures, plumbing appliances, water using equipment or other piping systems to be served.

(75) "Year" means 12 consecutive months.

Wis. Admin. Code Department of Safety and Professional Services SPS 305.003

Cr. Register, October, 1996, No. 490, eff. 11-1-96; corrections made under s. 13.93(2m) (b), 6. and 7., Stats., Register, October, 1996, No. 490; cr. (1m), (32m), am. (7), (15), (16), (33), (36), (37) and (42), r. (11); Register, March, 1998, No. 507, eff. 4-1-98; r. (12), cr. (30m), am. (32), Register, April, 2000, No. 532, eff. 5-1-00; CR 00-159: cr. (48m), Register September 2001 No. 549 eff. 10-1-01; CR 04-134: cr. (6m), (6s), (8m), (11), (17m), (26m), (27e), (27m), (27s), (27w), (32e), (32h), (46m), (47m), and (48s) Register June 2005 No. 594, eff. 7-1-05; CR 04-058: am. (32m) Register February 2006 No. 602, eff. 5-1-06; CR 06-031: am. (22) Register October 2006 No. 610, eff. 11-1-06; emerg. cr. (10g), (27y) and (32s), eff. 6-1-07; CR 06-127: r. and recr. (9), cr. (10m), renum. (17m) and (18) to be (18) and (19), r. (19), Register September 2007 No. 621, eff. 10-1-07; emerg. cr. (10g), (27y) and (32s), eff. 6-1-07; CR 07-089: cr. (10g), (26t), (27y) and (32s) Register June 2008 No. 630, eff. 7-1-08; CR 08-030: am. (10g) (a) Register December 2008 No. 636, eff. 1-1-09; CR 08-092: cr (26x) Register May 2009 No. 641, eff. 6-1-09; CR 09-028: r. and recr. (17) Register August 2010 No. 656, eff. 9-1-10; CR 11-020: renum. (1m) to (32h) to be (2) to (48), (32m) to (52) to be (50) to (75), cr. (49), Register December 2011 No. 672, eff. 1-1-12; correction in (18), (58), (59), (60), (67), (68), (70), (73), (74), as renumbered, made under s. 13.92(4) (b) 6, 7., Stats., Register December 2011 No. 672; CR 13-014: r. and recr. (15), r. (62) Register September 2013 No. 693, eff. 10-1-13; correction in (50) made under s. 13.92(4) (b) 7, Stats., Register October 2013; CR 14-020: am. (15) Register August 2014 No. 704, eff. 9-1-14; CR 14-010: r. and recr. (15) Register August 2014 No. 704, eff. 9-1-14.

Amended by, correction in (64) made under s. 13.92 (4) (b) 7, Stats., Register June 2018 No. 750, eff. 7/1/2018

Amended by, correction in (64) made under s. 13.92(4) (b) 7, Stats, Register May 2020 No. 773, eff. 6/1/2020.

Amended by, CR 23-006: cr. (2m) Register September 2023 No. 813, eff. 10/1/2023