Register January 2012 No. 673
Chapter ATCP 136
MOBILE AIR CONDITIONERS; RECLAIMING OR RECYCLING REFRIGERANT
ATCP 136.02 Repair or service business; registration.
ATCP 136.04 Business operator to register technicians.
ATCP 136.08 Technician training.
ATCP 136.10 Buying and selling refrigerant.
ATCP 136.12 Recovery and recycling equipment; approval.
ATCP 136.14 Recycled or reclaimed refrigerant; purity standards.
ATCP 136.16 Repair and service practices.
ATCP 136.20 Prohibited practices.
Ch. ATCP 136 Note
Note: Chapter Ag 136 was renumbered chapter ATCP 136 under s. 13.93 (2m) (b) 1., Stats.,
Register, April, 1993, No. 448. Chapter ATCP 136 as it existed on February 29, 1996 was repealed and a new chapter ATCP 136 was created effective March 1, 1996.
ATCP 136.01(1)
(1) "Approved refrigerant reclamation facility" means a reclamation facility certified by the United States environmental protection agency under
40 CFR 82.164.
ATCP 136.01 Note
Note: You may obtain a list of approved refrigerant reclamation facilities by writing to OZONE, Consumer Protection Bureau, P.O. Box 8911, Madison, WI 53708-8911.
ATCP 136.01(3)
(3) "Business operator" means a person who operates a business or organization that engages in any of the activities identified under
s. ATCP 136.02 (1).
ATCP 136.01(5)
(5) "Buy" or "purchase" means to acquire ownership rights.
ATCP 136.01(6)
(6) "Consign" means to deliver to another's custody for sale.
ATCP 136.01(7)
(7) "Consignee" means a person who receives refrigerant from its owner on consignment.
ATCP 136.01(8)
(8) "Consignor" means an owner of refrigerant who consigns refrigerant to another's custody for sale on behalf of the owner.
ATCP 136.01(10)
(10) "Mobile air conditioner" means mechanical vapor compression refrigeration equipment used to cool the driver, passenger or cargo compartment of a motor vehicle.
ATCP 136.01(12)(b)
(b) A corporation, partnership, limited liability company, business trust, cooperative, association or other business entity.
ATCP 136.01(13)
(13) "Receive on consignment" means to receive for sale on behalf of another.
ATCP 136.01(14)
(14) "Reclaimed refrigerant" means used refrigerant that is purified at an approved refrigerant reclamation facility to meet applicable purity standards under
s. ATCP 136.14 (2).
ATCP 136.01(15)
(15) "Recovered refrigerant" means used refrigerant, other than reclaimed or recycled refrigerant.
ATCP 136.01(16)
(16) "Recovery equipment" means equipment used to remove refrigerant from a mobile air conditioner or trailer refrigeration equipment without recycling that refrigerant.
ATCP 136.01(17)
(17) "Recycling equipment" means equipment used to recycle used refrigerant for sale or use as recycled refrigerant.
ATCP 136.01(19)
(19) "Refrigerant" means any substance used, sold for use, or designed or intended for use in a mobile air conditioner or trailer refrigeration equipment to transfer heat out of the space being cooled. "Refrigerant" includes a class I substance as defined in 42 usc 7671(3), a class II substance as defined in 42 usc 7671(4), and any substance used, sold for use, or designed or intended for use as a substitute for a refrigerant.
ATCP 136.01(20)
(20) "Sell" means to transfer ownership rights. "Sell" includes selling for another on consignment.
ATCP 136.01(23)
(23) "Used refrigerant" means refrigerant that is removed from a mobile air conditioner or trailer refrigeration equipment.
ATCP 136.01 History
History: Cr.
Register, February, 1996, No. 482, eff. 3-1-96; r. (2), am. (19),
Register, January, 2001, No. 541, eff. 2-1-01.
ATCP 136.02
ATCP 136.02
Repair or service business; registration. ATCP 136.02(1)(1)
Business registration certificate required. Except as provided under
sub. (2), no business operator may do any of the following unless that operator holds a valid annual business registration certificate issued by the department:
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(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)(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).
