Section SPS 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 to 384 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 to 384 and ch. 145, Stats.(b)1. 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.2. The department may consult with the technical advisory committee for guidance in the review of submittals under this subsection.(c) If, upon review, the department determines that a product conforms to the provisions of chs. SPS 382 to 384 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 to 384 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. Table 384.10
SUBMITTALS TO DEPARTMENT
Product Categories |
1. Bottled-water vending machines that are not listed by a certification body accredited by the American National Standards Institute |
2. Chemical or biochemical treatments for POWTS |
3. Health care plumbing and laboratory appliances |
4. Physical restoration processes for POWTS |
5. Prefabricated holding or treatment components for POWTS |
6. Prefabricated plumbing |
7. Wastewater treatment devices used to meet the requirements in s. SPS 382.70 |
8. Water treatment devices that make a contaminant reduction claim which is not certified by a certification body accredited by the American National Standards Institute |
9. Water treatment devices that are not certified to a standard which covers material safety, by a certification body accredited by the American National Standards Institute |
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 202.293.8020.
(3) VOLUNTARY POWTS COMPONENT MANUAL 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 to 384, 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. Note: See ch. SPS 384 Appendix for a reprint of the form and addresses of the department where the form may be obtained.
(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 to 384. The submittal shall include all of the following: 1. Plans and specifications.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.12. Other information requested by the department.(d)1. The department shall review an initial application submitted 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 all of the following groups or organizations:a. A representative of the department of natural resources familiar with large scale POWTS systems to serve as a nonvoting member.b. A representative of a governmental unit responsible for the regulation of POWTS.d. A member of the academic or scientific community.e. A journeyman or master plumber involved in POWTS installation.f. A professional soil scientist or certified soil tester.g. A POWTS component manufacturer.i. A representative from the department of safety and professional services familiar with POWTS approval to serve as a nonvoting member.(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 new submittals under this subsection.2. The department shall provide an opportunity for public comment under subd. 1. for a minimum of 14 days. Note: Notices to seek public comment are posted on the department's website at dsps.wi.gov.
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 to 384, 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 to 384, 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.Wis. Admin. Code Department of Safety and Professional Services SPS 384.10
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. Amended by, 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 Register July 2015 No. 715, eff.8/1/2015.Amended by, CR 17-065: am. (intro.), (2) (a) 2., renum. (2) (b) to (2) (b) 1., cr. (2) (b) 2., am. (2) (c), (d), (3) (title), (a), (c) (intro.), cr. (3) (c) 12., am. (3) (d), cr. (3) (d) 2. h., i., am. (3) (e) 1., renum. (3) (e) 2. a. to (3) (d) 2. and am., r. (3) (e) 2. b., am. (3) (f) 1., (g) Register June 2018 No. 750, eff. 7/1/2018Amended by, CR 23-006: am. Table 384.10 line 3. Register September 2023 No. 813, eff. 10/1/2023