Register September 2013 No. 693
Chapter SPS 307
EXPLOSIVES AND FIREWORKS
Subchapter I — General Requirements
SPS 307.01   Purpose.
SPS 307.02   Scope.
SPS 307.03   Fees.
SPS 307.06   Petition for variance.
SPS 307.10   Penalties.
Subchapter II — Definitions and Standards
SPS 307.20   Definitions.
SPS 307.21   Adoption of standards.
Subchapter III — Use of Blasting Materials
SPS 307.30   General.
SPS 307.31   Changes, additions or omissions to NFPA 495.
Subchapter IV — Blasting Resultants
SPS 307.40   Regulation of blasting resultants.
SPS 307.41   Preblasting notification.
SPS 307.42   Blasting schedules.
SPS 307.43   Instrumentation.
SPS 307.44   Control of adverse effects.
Subchapter V — Fireworks
SPS 307.50   Licensing of fireworks manufacturers.
SPS 307.51   Inspections.
Ch. SPS 307 Note Note: Chapter Ind 5 as it existed on April 30, 1985 was repealed and a new chapter ILHR 7 was created effective May 1, 1985. Chapter ILHR 7 was renumbered ch. Comm 7 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490; CR 06-120: r. and recr. Comm. 7, Register February 2008 No. 626, eff. 3-1-08. Chapter Comm 7 was renumbered chapter SPS 307 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. SPS 307 Subchapter I — General Requirements
SPS 307.01 SPS 307.01Purpose.
SPS 307.01(1) (1)Explosives. Pursuant to s. 101.15 (2) (e), Stats., the purpose of this chapter is to establish standards for the use of explosive materials.
SPS 307.01(2) (2)Fireworks. Pursuant to s. 167.10 (6m), Stats., the purpose of this chapter is to establish licensing procedures for the manufacture of fireworks.
SPS 307.01 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08.
SPS 307.02 SPS 307.02Scope.
SPS 307.02(1) (1)Explosives. The provisions of this chapter establish uniform limits on permissible levels of blasting resultants relating to the use of explosive materials.
SPS 307.02 Note Note: See ch. SPS 305 for rules pertaining to the licensing of blasters. See ch. SPS 314 for rules pertaining to general safety and fire prevention related to the storage, handling of explosive materials. See chs. SPS 361 to 366 for rules pertaining to the design and construction of buildings related to the storage of explosive materials.
SPS 307.02(2) (2)Fireworks. The provisions of this chapter establish licensing and inspection standards relating to the manufacture of fireworks.
SPS 307.02 Note Note: See s. 167.10, Stats., and ch. SPS 314 for requirements pertaining to the manufacture, sale, storage and handling of fireworks.
SPS 307.02 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08.
SPS 307.03 SPS 307.03Fees. Fees for safety inspections and petitions for variance shall be submitted as specified in ch. SPS 302.
SPS 307.03 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 307.06 SPS 307.06Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.
SPS 307.06 Note Note: Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303 also requires the department to process regular petitions within 30 business days and priority petitions within 10 business days.
SPS 307.06 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 307.10 SPS 307.10Penalties.
SPS 307.10(1) (1)Explosives. Penalties for violation of any provision in this chapter relating to explosives shall be assessed in accordance with s. 101.02 (12) and (13), Stats.
SPS 307.10 Note Note: Section 101.02 (13) (a), Stats., indicates penalties will be assessed against any employer, employee, owner or other person who fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the department, for which no penalty has been specifically provided, or who fails, neglects or refuses to comply with any lawful order made by the department, or any judgment or decree made by any court in connection with ss. 101.01 to 101.599, Stats. For each such violation, failure or refusal, such employee, owner or other person must forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each violation.
SPS 307.10 Note Note: Section 101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order.
SPS 307.10(2) (2)Fireworks. Pursuant to s. 167.10 (9) (g), Stats., a person who violates any provision of this chapter relating to fireworks may be fined not more than $10,000 or imprisoned not more than 10 years or both.
SPS 307.10 History History: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08.
subch. II of ch. SPS 307 Subchapter II — Definitions and Standards
SPS 307.20 SPS 307.20Definitions. In this chapter:
SPS 307.20(1) (1) “Airblast" means an airborne shock wave resulting from the detonation of explosives.
SPS 307.20(2) (2) “Barrier" means a material object that separates, keeps apart, or demarcates in a conspicuous manner such as cones, a warning sign, or tape.
SPS 307.20(3) (3) “Blast area" means the area of a blast within the influence of flying rock, missiles, gases, and concussion as determined by the blaster in charge.
SPS 307.20(4) (4) “Blast site" means the area where explosive material is handled during loading of blastholes, including 50 feet in all directions from the perimeter formed by the loaded holes. A minimum of 30 feet may replace the 50-foot requirement if the perimeter of loaded holes is marked and separated from non-blast site areas by a barrier. The 50-foot or 30-foot distance requirements, as applicable, apply in all directions along the full depth of the blasthole. In underground mines, at least 15 feet of a solid rib, pillar, or broken rock may be substituted for the 50 foot distance.
SPS 307.20(5) (5) “Blaster" means any individual holding a valid blaster's license issued by the department.
SPS 307.20(6) (6) “Blaster in charge" means that qualified person in charge of, and responsible for, the loading and firing of a blast.
SPS 307.20(7) (7) “Blasting" means any method of loosening, moving or shattering masses of solid matter by use of an explosive.
SPS 307.20(8) (8) “Blasting operation" means any operation, enterprise or activity involving the use of blasting.
SPS 307.20(9) (9) “Blasting resultants" means the physical manifestations of forces released by blasting, including but not limited to projectile matter, vibration and concussion, which might cause injury, damage or unreasonable annoyance to persons or property located outside the controlled blasting site area.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.