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 Chapter ATCP 136 as it existed on February 29, 1996 was repealed and a new chapter ATCP 136 was created effective March 1, 1996.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).
ATCP 136.02(4)(d)
(d) For each business location identified under
par. (b), a nonrefundable registration fee of $120.
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 Note
Note: You may obtain an application form by writing to OZONE, Consumer Protection Bureau, 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(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)(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)(c)
(c) The department suspends or revokes the registration because the technician violated this chapter or s.
100.45, Stats.
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)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(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.
