Feed for /code/admin_code/atcp/090/136 PDF
ATCP 136.02(1)(a) (a) Install or service a mobile air conditioner or any trailer refrigeration equipment. This paragraph does not apply to the installation of a mobile air conditioner or trailer refrigeration equipment that is not charged with refrigerant.
ATCP 136.02(1)(b) (b) Repair a motor vehicle if the repair may release refrigerant from a mobile air conditioner or any trailer refrigeration equipment.
ATCP 136.02(1)(c) (c) Charge a mobile air conditioner or trailer refrigeration equipment with refrigerant.
ATCP 136.02(1)(d) (d) Operate refrigerant recovery or recycling equipment.
ATCP 136.02(2) (2)Exemptions. Subsection (1) does not apply to any of the following:
ATCP 136.02(2)(a) (a) A technician, registered under s. ATCP 136.04, who performs activities under sub. (1) solely as an employee of a business operator registered under sub. (1).
ATCP 136.02(2)(b) (b) A person who engages in activities under sub. (1) solely as a motor vehicle salvager or dismantler registered with the state of Wisconsin department of natural resources under ch. NR 488.
ATCP 136.02(2)(c) (c) A person who engages in activities under sub. (1) solely for instructional purposes as part of an approved training program under s. ATCP 136.08.
ATCP 136.02(3) (3)Separate registration certificate for each business location. A business operator shall obtain a separate business registration certificate for each business location, owned or leased by that operator, at which that operator engages in any of the activities under sub. (1). A business operator shall prominently display that certificate at that location.
ATCP 136.02(4) (4)Applying for a business registration certificate. To obtain a registration certificate under sub. (1), a business operator shall apply on a form provided by the department. The department shall grant or deny an application within 30 days after it receives a complete application. An application shall include all of the following:
ATCP 136.02(4)(a) (a) The applicant's legal name.
ATCP 136.02(4)(b) (b) The address of the business location for which the applicant is required to hold a business registration certificate under sub. (3).
ATCP 136.02(4)(c) (c) The trade name under which the applicant does business at each business location under par. (b).
ATCP 136.02(4)(d) (d) For each business location identified under par. (b), a nonrefundable registration fee of $120.
ATCP 136.02(4)(e) (e) All registration fee surcharges required under sub. (5).
ATCP 136.02(4)(f) (f) The name of the manufacturer, the model and the serial number of all recovery or recycling equipment to be used at each business location under par. (b).
ATCP 136.02(4)(g) (g) The technician registration information required under s. ATCP 136.04.
ATCP 136.02 Note Note: An application form under sub. (4) may be obtained at http://datcp.wi.gov/consumer/weights_and_Measures/index.aspx or by writing to:
ATCP 136.02 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights and Measures Program
P.O. Box 8911
Madison, WI 53708-8911
ATCP 136.02(5) (5)Surcharge for operating without a registration certificate. An applicant for a business registration certificate shall pay a registration fee surcharge if the department determines that, within one year before submitting the application, the applicant operated in violation of sub. (1). The applicant shall pay a surcharge of $160 for each location at which the applicant operated in violation of sub. (1), regardless of whether the applicant still operates at that location.
ATCP 136.02(6) (6)Registration certificate expires. A business registration certificate expires on the last day of February of the calendar year following the calendar year in which the department issues that certificate.
ATCP 136.02 Note Note: The department will normally issue a renewal notice to persons whose business registration certificates are expiring. However, failure to receive a renewal notice does not excuse a violation of sub. (1) by a person whose registration certificate has expired.
ATCP 136.02(7) (7)Renewing a registration certificate. A person holding a business registration certificate may annually renew that certificate by submitting a renewal application on a form provided by the department. The renewal application shall include all of the information required under sub. (4), and shall include a renewal fee of $120 for each business location.
ATCP 136.02(8) (8)Denying, suspending or revoking a registration certificate. The department may deny, suspend or revoke a business registration certificate for cause, pursuant to s. 93.06 (7), Stats. Cause may include any of the following:
ATCP 136.02(8)(a) (a) Failing to pay a registration fee, or paying with a worthless check.
ATCP 136.02(8)(b) (b) Providing false information in a registration application or renewal application.
ATCP 136.02(8)(c) (c) Violating this chapter or s. 100.45, Stats.
ATCP 136.02(9) (9)Registration certificate not transferable. A business registration certificate is not transferable between persons or business locations.
ATCP 136.02 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; cr. (2) (c), am. (4) (d) and (7), Register, January, 2001, No. 541, eff. 2-1-01; CR 08-075: am. (4) (b) Register April 2009 No. 640, eff. 5-1-09.
ATCP 136.04 ATCP 136.04 Business operator to register technicians.
ATCP 136.04(1)(1) Requirement. A business operator shall register each technician who, as an operator or employee of that business, is personally engaged in performing any activity under s. ATCP 136.02 (1). To register a technician, a business operator shall submit all of the following information to the department:
ATCP 136.04(1)(a) (a) The name of the technician.
ATCP 136.04(1)(b) (b) Documentation showing that the technician meets applicable requirements under s. ATCP 136.08 (1). If the business operator claims that the technician has successfully completed a required training course, the business operator shall identify the course provider and the date on which the technician successfully completed the course. If the business operator claims that the technician has serviced mobile air conditioners or trailer refrigeration equipment in another state, the business operator shall provide the name and address of the business that employed the technician to perform that work in the other state.
ATCP 136.04(2) (2)Time of registration. A business operator shall submit the information under sub. (1) with the operator's annual application under s. ATCP 136.02 (4) or, if the operator first employs a technician after submitting that annual application, within 30 days after the operator first employs that technician.
ATCP 136.04(3) (3)Registration takes effect. If a business operator submits registration information according to subs. (1) and (2) for a technician, that technician is deemed to be registered unless the department notifies the business operator, within 30 days after receiving that information, that the technician does not qualify for registration under this chapter.
ATCP 136.04(4) (4)Registration remains in effect. A technician's registration remains in effect until one of the following occurs:
ATCP 136.04(4)(a) (a) The technician is no longer employed by the business operator who registered the technician.
ATCP 136.04(4)(b) (b) The business operator who registered the technician is no longer registered under s. ATCP 136.02.
ATCP 136.04(4)(c) (c) The department suspends or revokes the registration because the technician violated this chapter or s. 100.45, Stats.
ATCP 136.04(5) (5)Prohibition.
ATCP 136.04(5)(a)(a) No business operator may employ a technician to engage in any of the activities under s. ATCP 136.02 (1) if the department has denied, suspended or revoked that technician's registration under sub. (3) or (4) (c) and the denial, suspension or revocation remains in effect.
ATCP 136.04(5)(b) (b) No technician may engage in any of the activities under s. ATCP 136.02 (1) unless one of the following applies:
ATCP 136.04(5)(b)1. 1. That technician engages in those activities solely as an employee of a business operator, registered under s. ATCP 136.02, who registers that technician under this section.
ATCP 136.04(5)(b)2. 2. That technician has registered herself or himself as a business operator under s. ATCP 136.02 and as a technician under this section.
ATCP 136.04 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; r. and recr. (1) (b), r. (1) (c), Register, January, 2001, No. 541, eff. 2-1-01.
ATCP 136.08 ATCP 136.08 Technician training.
ATCP 136.08(1)(1) Training required. A business operator may not register a technician under s. ATCP 136.04 unless the technician has successfully completed a department-approved training program under sub. (2). This training requirement does not apply if the technician meets the following applicable requirements:
ATCP 136.08(1)(a) (a) The technician has done all of the following if the technician will be servicing mobile air conditioners:
ATCP 136.08(1)(a)1. 1. Serviced mobile air conditioners in another state within the previous 5 years.
ATCP 136.08(1)(a)2. 2. Successfully completed a training course approved by the United States environmental protection agency under 40 CFR 82.40.
ATCP 136.08(1)(a)3. 3. Successfully completed an open book examination administered by the department.
ATCP 136.08(1)(b) (b) The technician has done all of the following if the technician will be servicing trailer refrigeration equipment:
ATCP 136.08(1)(b)1. 1. Serviced trailer refrigeration equipment in another state within the previous 5 years.
ATCP 136.08(1)(b)2. 2. Successfully completed a training course approved by the United States environmental protection agency under 40 CFR 82.161.
ATCP 136.08(1)(b)3. 3. Successfully completed an open book examination administered by the department.
ATCP 136.08(2) (2)Training programs; department approval. The department may approve a technician training program that meets all of the following requirements:
ATCP 136.08(2)(a) (a) The training program includes all of the following:
ATCP 136.08(2)(a)1. 1. At least 2 hours of training by a knowledgeable instructor.
ATCP 136.08(2)(a)2. 2. Instruction on environmental concerns related to the release of refrigerants.
ATCP 136.08(2)(a)3. 3. Instruction on applicable state and federal laws which regulate the handling of refrigerants.
ATCP 136.08(2)(a)4. 4. Instruction on safety precautions needed during the recovery, recycling and recharging of refrigerant.
ATCP 136.08(2)(a)5. 5. Instruction on recovery and recycling equipment standards under s. ATCP 136.12.
ATCP 136.08(2)(a)6. 6. Instruction in the use of recovery and recycling equipment.
ATCP 136.08(2)(b) (b) Each trainee is evaluated to verify that he or she has successfully completed the training program.
ATCP 136.08(2)(c) (c) Each trainee who successfully completes the program receives a certificate which identifies all of the following:
ATCP 136.08(2)(c)1. 1. The name and location of the training program.
ATCP 136.08(2)(c)2. 2. The name of the successful trainee, and a unique identification number assigned to that trainee.
ATCP 136.08(2)(c)3. 3. The name and address of the person providing the training program.
ATCP 136.08(3) (3)Requesting approval for training program. To obtain department approval for a technician training program, the provider of that training program shall submit a written application to the department. The department shall grant or deny approval within 30 days after it receives a complete application. An application shall include all of the following:
ATCP 136.08(3)(a) (a) The name, telephone number and address of the person providing the training program, including the name, telephone number and address of an individual whom the department can contact regarding the training program.
ATCP 136.08(3)(b) (b) A training program syllabus and description showing that the training program complies with the requirements under sub. (2).
ATCP 136.08(3)(c) (c) Samples or a description of written materials that will be provided to trainees.
ATCP 136.08(3)(d) (d) Samples or a description of audio or video materials that will be used in the training program.
ATCP 136.08(3)(e) (e) A description of the training that will be provided related to the use of recovery and recycling equipment.
ATCP 136.08(3)(f) (f) Samples of course examinations.
ATCP 136.08(3)(g) (g) The names and qualifications of program instructors, and an identification of those portions of the training program which each instructor will present. The description of each instructor's qualifications shall be adequate to demonstrate that the instructor has expertise in each of the areas taught by that instructor.
ATCP 136.08(5) (5)Department audit of training programs. The department may audit a training program and may periodically review training program materials to assess compliance with this chapter, s. 100.45, Stats., and the representations made under sub. (3).
ATCP 136.08(6) (6)Change in training program; notice to department. Before changing instructors or making any other material change in an approved training program, the provider of that training program shall notify the department of the intended change.
ATCP 136.08(7) (7)Withdrawing approval for training program. The department may withdraw its approval of a training program for cause.
ATCP 136.08 Note Note: You may obtain a list of approved training programs at http://datcp.wi.gov/consumer/weights_and_Measures/index.aspx or by writing to:
ATCP 136.08 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights and Measures Program
P.O. Box 8911
Madison, WI 53708-8911
ATCP 136.08 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; r. and recr. (1), r. (4), am. (5), Register, January, 2001, No. 541, eff. 2-1-01.
ATCP 136.10 ATCP 136.10 Buying and selling refrigerant.
ATCP 136.10(1)(1) Container size; general. No person may buy, sell or consign refrigerant in a container holding less than 15 pounds of ozone-depleting refrigerant.
ATCP 136.10(2) (2)Selling new or reclaimed refrigerant. No person may sell or consign new or reclaimed refrigerant, except to one of the following:
ATCP 136.10(2)(a) (a) A person who sells or resells that refrigerant in its original container, to persons identified under pars. (b) to (d). A sale or consignment does not violate this paragraph if the seller or consignor relies in good faith on a written statement from the buyer or consignee that does all the following:
ATCP 136.10(2)(a)1. 1. Contains the legal name and business address of the buyer or consignee.
ATCP 136.10(2)(a)2. 2. Guarantees that the buyer or consignee will sell or resell the refrigerant only in its original container.
ATCP 136.10(2)(a)3. 3. Guarantees that the buyer or consignee will sell or resell the refrigerant only to persons identified in pars. (b) to (d).
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