SPS 340.20
SPS 340.20 Definitions. In this chapter:
SPS 340.20(1)
(1) “Alteration" means a change in a gas system that involves an extension or addition for, or involves the arrangement, type or purpose of, the existing installation or component.
SPS 340.20 Note
Note: The Department will ordinarily accept items approved by a nationally recognized testing laboratory.
SPS 340.20(3)
(3) “Certified inspector" means an individual who holds a valid credential issued by the department as a certified boiler-pressure vessel inspector.
SPS 340.20(4)
(4) “Container" means a vessel such as a tank, cylinder, bottle or drum used for storing of a gas or liquid.
SPS 340.20(5)
(5) “Department" means the department of safety and professional services.
SPS 340.20(6)
(6) “First class city" means a city of the first class, as established under s.
62.05, Stats.
SPS 340.20 Note
Note: As of September 1, 2011, only the City of Milwaukee had become a first class city.
SPS 340.20(7)
(7) “Gas systems" means assemblies for storing, conveying, or dispensing the gases regulated by this chapter.
SPS 340.20 Note
Note: Section
101.16 (1) (b) of the Statutes reads as follows: “ `Liquefied petroleum gas' means any material which is composed predominantly of, or any mixtures of, any of the following hydrocarbons including their isomers:
SPS 340.20 Note
1. Propane.
SPS 340.20 Note
2. Propylene.
SPS 340.20 Note
3. Butane.
SPS 340.20 Note
4. Butylene."
SPS 340.20(9)
(9) “Pressure vessel" means a container for the containment of pressure, either internal or external. This pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.
SPS 340.20(10)
(10) “Repair" means the restoration of any portion or component of a gas system to a safe operating condition.
SPS 340.20(11)
(11) “Vehicle-fuel dispensing system" means all the pumps, meters, piping, hose and controls used for the delivery of fuel to, and the removal of vapor from, a vehicle.
SPS 340.20 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction in (5) made under s.
13.92 (4) (b) 6., Stats.,
Register December 2011 No. 672.
SPS 340.30
SPS 340.30 Plan examination and approval. SPS 340.30(1)(1)
Plan approval before construction. Plan approval shall be obtained from the department or a first class city before commencing construction, installation or alteration for any system described in Table 340.30.
Table 340.30
SPS 340.30 Note
Note: The 400 and 39.7 thresholds in this Table are based on the definitions in NFPA 52 for bulk hydrogen systems.
SPS 340.30(2)
(2) Plans, specifications and information. Plans, specifications and information shall be submitted to the department or a first class city for review and approval, and shall contain all of the following:
SPS 340.30(2)(a)
(a) At least 4 sets of plans, which are clear, legible and permanent copies; 2 copies of applicable specifications; a completed application form; and the required fees.
SPS 340.30(2)(b)
(b) The name of the owner; the name of the person, firm or corporation proposing the construction or installation, if other than the owner; and the address of the facility, including the names of adjacent streets and highways.
SPS 340.30(2)(c)
(c) A plot plan, drawn to a minimum scale of one inch equals 20 feet, indicating the location of the facility or installation with respect to property lines, lot lines, adjoining streets or alleys and other buildings on the same lot or property. The layout of buildings, containers, loading and unloading docks, type of construction of each building and any stream or body of water within 150 feet of the containers shall also be indicated.
SPS 340.30(2)(d)
(d) The type of container heads; container diameter and length; and the location and capacity of each system and container.
SPS 340.30(2)(e)
(e) The type of container supports; foundation drawings with dimensions and clearances; piping schematic indicating pipe materials, valves and fittings; surface area calculations of tank; type of venting and pressure relief used; pressure relief valve manufacturer, model number, set pressure and capacity; and combined capacity of all venting and relief valves on each container.
SPS 340.30(2)(f)
(f) If the plans are for gas systems service stations involving the use of key-, card- or code-operated dispensing units, the location of emergency controls and the location and details of the key-, card- or code-operated dispensing devices.
SPS 340.30(3)
(3) Additional approval. Approval of plans is based upon compliance with the requirements of this chapter. Construction, installation and operation of gas systems may be subject to compliance with additional requirements in applicable codes, local zoning and similar ordinances.
SPS 340.30(4)
(4) Application for approval. Application for approval of a gas system installation shall be made in writing on form SBD-6038.
SPS 340.30 Note
Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at
docsales@doa.state.wi.us, or at no charge at the Department's Web site at
www.dsps.wi.gov through links to Division of Industry Services forms.
SPS 340.30(5)
(5) Application processing time. Pursuant to
s. SPS 302.07 (3), the department shall review and make a determination on an application for plan review within 15 business days.
SPS 340.30(6)(a)(a) Plan approval by the department or the first class city shall expire one year after the approval date shown on the approved plans.
SPS 340.30(6)(b)
(b) The expiration date in
par. (a) may be extended by the department or the first class city for no more than 18 months beyond the approval date shown on the approved plans, and only in writing, provided a written request is submitted prior to the expiration.
SPS 340.30 Note
Note: The Department sends copies of its plan approvals and extensions under this chapter to the local fire department.
SPS 340.30 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction in (1), (5) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.31
SPS 340.31 Certificate of installation. SPS 340.31(1)
(1) Every person, firm, association or corporation installing a gas system shall complete a certificate of installation form, SBD-9656-E. The form shall be completed at the time of installation and shall be provided to the owner of the system. A copy of the form shall be kept at the installation site and available for review by an authorized representative of the department or the first class city. A copy of the form shall be submitted to the local fire department within 10 business days of the installation, except as provided in
sub. (2).
SPS 340.31(2)
(2) Submitting form SBD-9656-E to the fire department is not required for liquefied petroleum gas installations that are exempt from plan approval under
s. SPS 340.30.
SPS 340.31 Note
Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at
docsales@doa.state.wi.us, or at no charge at the Department's Web site at
www.dsps.wi.gov through links to Division of Industry Services forms.
SPS 340.31 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction in (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.32
SPS 340.32 Revisions, alterations and piping upgrades. SPS 340.32(1)(a)(a) The changes specified in
par. (b) to approved plans for gas systems, that are made before commencement of system operation, shall be submitted for review and approval as a revision. Revised plans submitted to the department for review shall include the department plan number for the original plans.
SPS 340.32(1)(b)
(b) Plans shall be submitted to the department or a first class city for review and approval of any changes in tank location or capacity, piping arrangement or material, safety setback clearance, point of transfer location, design of indoor fueling operation, and gas detection or monitoring equipment location.
SPS 340.32(2)(a)(a) Alterations to gas systems after commencement of system operation shall comply with the requirements for plan approval in
s. SPS 340.30, the certificate of installation in
s. SPS 340.31 and the inspection in
s. SPS 340.34.
SPS 340.32(2)(b)
(b) Piping upgrades shall be inspected by the department or the first class city prior to the start of fabrication.
SPS 340.32 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction in (2) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.33
SPS 340.33 Revocation of approval. The department or the first class city may revoke any approval issued under this chapter for any false statements or misrepresentation of facts upon which the approval was based.
SPS 340.33 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.34
SPS 340.34 Enforcement and inspections. SPS 340.34(1)(a)(a) This chapter shall be enforced by the department and by all local officials or bodies having jurisdiction to approve plans or specifications or issue permits for construction, alterations or installations within the scope of this chapter.
SPS 340.34 Note
Note: Local fire departments have statutory authority to investigate and eliminate any fire hazards relating to the gas systems regulated by this chapter.
Under section
101.14 (2) (a) of the Statutes, “The chief of the fire department in every city, village or town, except cities of the 1st class, is constituted a deputy of the department." Under section
101.14 (1) (b) of the Statutes, “The [department] secretary and any deputy may at all reasonable hours enter into and upon all buildings, premises and public thoroughfares excepting only the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to the fire hazard or to the prevention of fire."
SPS 340.34(1)(b)
(b) Where a first class city administers and enforces this chapter, a regulated item or activity shall be directed to or addressed by the first class city before requesting input from the department.
SPS 340.34 Note
Note: Under section
SPS 340.11 (7), the Department reserves the right to interpret the requirements in this chapter and in all codes and standards adopted herein.
SPS 340.34(2)(a)(a) Gas systems for which plan approval under
s. SPS 340.30 is required shall be inspected by the department or the first class city.
SPS 340.34 Note
Note: Local governmental units may also conduct inspections in addition to those of the Department.
SPS 340.34 Note
Note: See chapter SPS 341 for registration and inspections of gaseous and liquefied hydrogen pressure vessels that are not within the scope of this chapter.
SPS 340.34(2)(b)
(b) The installer shall notify the department district inspector or the first class city where the installation is located at least 5 business days prior to the start of construction to arrange for the inspection.
SPS 340.34 Note
Note: The district inspector is indicated on the conditional approval letter.
SPS 340.34 Note
Note: Gas systems for which plan approval is not required under section
SPS 340.30 may be inspected by local governmental units to verify compliance with this chapter.
SPS 340.34 Note
Note: Upon written request, the Department will provide assistance to local governmental units.
SPS 340.34 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction in (2) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.35
SPS 340.35 Fees. Fees shall be submitted to the department as specified in
ch. SPS 302. Fees shall be submitted at the time the application for approval is submitted. No plan examinations, approvals or inspections may be made until the fees are received.
SPS 340.35 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.36
SPS 340.36 Appeals. As specified in s.
227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may appeal to the department requesting the adoption, amendment or repeal of the rule.
SPS 340.36 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.37
SPS 340.37 Petition 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 a position statement from the fire department having jurisdiction, and from any other local governmental unit having jurisdiction to enforce this chapter under
s. SPS 340.34.
SPS 340.37 Note
Note: Chapter
SPS 303 requires the submittal of a petition for variance form (SBD-9890-X) 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 340.37 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.38 Note
Note: Section
101.02 (13) (a) of the Statutes provides that 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 sections
101.01 to
101.599 of the Statutes. 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 340.38 Note
Note: Section
101.02 (12) of the Statutes provides 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 340.38 Note
Note: Section
101.16 (5) of the Statutes provides that any person, firm, association or corporation who violates s.
101.16, Stats., or any standard, rule or regulation adopted by the Department under that section, or who issues a false installation statement under section
101.16 (4) of the Statutes will be fined not less than $10 nor more than $2000, or imprisoned not less than 30 days nor more than 6 months.
SPS 340.38 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.39
SPS 340.39 Reporting of accidents. If a gas system component fails and causes injuries to any person that require more than first aid treatment, the owner or user shall report in writing on form SBD-10789-E the facts involved to the department within the following 24 hours. The owner or user may not remove or disturb the gas system equipment or any of its components nor permit any such removal or disturbance prior to receiving authorization from the department or first class city, except for the purpose of saving human life or preventing further property damage. This section applies to those gas systems that are required to obtain department plan approval under
s. SPS 340.30.
SPS 340.39 Note
Note: The address for reporting accidents to the Department is the Division of Industry Services, Gas Systems Program, P.O. Box 7302, Madison, WI 53707-7302; and the fax number is 608-283-7420.
SPS 340.39 Note
Note: The Department can be contacted at 262/548-8617 during normal business hours. The State Division of Emergency Management can be contacted at 800/943-0003 during non-business hours.
SPS 340.39 Note
Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at
docsales@doa.state.wi.us, or at no charge at the Department's Web site at
www.dsps.wi.gov through links to Division of Industry Services forms.
