CR 17-034 Rule Text

Section 167.10 (6m) (e), Stats., provides “[t]he department of safety and professional services shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n).”

Related statutes or rules:

None.

Plain language analysis:

The proposed rules update Wisconsin’s standards for the use of blasting materials and blasting resultants to the 2013 edition of the National Fire Protection Agency’s (NFPA) 495, Explosive Materials Code, with certain specified modifications to the requirements of NFPA 495. In addition, provisions concerning blasting notifications, preblasting surveys, and reporting of adverse effects of blasting have been updated to provide clarity and to reflect current industry and enforcement practices.

Current rules require the department to annually inspect a fireworks manufacturing plant. The proposed rules revise this requirement to require an inspection at least once every 3 years.

Summary of, and comparison with, existing or proposed federal statutes and regulations:

Explosives and fireworks

Chapter 40 of 18 USC 1102 regulates the importation, manufacture, distribution, and storage of explosive materials. Title 27 CFR Part 555 regulates commerce in explosives. The provisions of ch. SPS 307, Explosives and Fireworks, do not duplicate or conflict with these federal statutes and regulations.

Mines, pits, and quarries

No person may operate a mine, pit or quarry unless the person complies with 30 USC 811, 957, and 961 and the safety and health standards in Title 30 CFR Parts 1 to 199. The provisions of ch. SPS 308, Mines, Pits and Quarries, do not duplicate or conflict with these federal statutes and regulations.

Comparison with rules in adjacent states:

Illinois:

Part 200 of 62 Ill. Adm. Code implements the Illinois Explosives Act [225 ILCS 210] and applies to all acquisition, storage, use, transfer, and disposal of explosive materials. These rules do not adopt or incorporate by reference NFPA 495, Explosive Materials Code.

The Fireworks Regulation Act of Illinois [425 ILCS 30] provides the Office of the Illinois State Fire Marshal with the authority to inspect fireworks plants. The Act does not specify a required frequency of inspections.

Iowa:

Iowa Code chapter 101A provides for the regulation of explosive materials, including provisions for licensing, inspections, and disposal, and notice and reporting requirements. 661 IAC 235 establishes a commercial explosive licensing program in the State Fire Marshal Division of the Iowa Department of Public Safety. These statutes and rules do not adopt or incorporate by reference NFPA 495, Explosive Materials Code.

The State of Iowa has no specific regulations concerning the manufacture of fireworks.

Michigan:

Mich Admin Code, R 338.2371 adopts by reference the provisions of Federal Occupational Safety and Health Administration (OSHA) Regulation CFR 1910.109, Explosives and Blasting Agents. CFR 1910.109 applies to the manufacture, keeping, having, storage, sale, transportation, and use of explosives, blasting agents, and fireworks. It does not apply to the sale and use (public display) of fireworks. These rules do not adopt or incorporate by reference NFPA 495, Explosive Materials Code.

Mich Admin Code, R 29.2901 to 29.2929 provides general rules for fireworks safety, including authorizing the Bureau of Fire Services of the Michigan Department of Licensing and Regulatory Affairs to conduct inspections of fireworks manufacturing plants. The rules do not specify a required frequency of inspections.

Minnesota:

Minnesota Rules, chapter 7500 adopts safety standards for the manufacture, storage, and use of explosives and blasting agents, consistent with Minnesota Statutes, sections 299F.71 to 299F.83. It applies to the manufacture, retention, possession, storage, sale, and use of explosives, blasting agents, and fireworks. These rules do not adopt or incorporate by reference NFPA 495, Explosive Materials Code.

The Minnesota Fire Code (Minnesota Rules, chapter 7511) applies to fireworks manufacturing plants. Minnesota Statutes, section 299F.011 authorizes the Minnesota Department of Public Safety to conduct inspections of fireworks manufacturing plants as part of its enforcement of the Minnesota Fire Code. These statutes and rules do not specify a required frequency of inspections.

Summary of factual data and analytical methodologies:

The methodology for updating Wisconsin’s standards for the use of blasting materials and blasting resultants in ch. SPS 307 was a review and assessment of the latest edition of the NFPA standard that serves as the basis for Wisconsin’s standards. With the participation of the Explosives, Fireworks, Mines, Pits and Quarries Code Advisory Committee, staff compared the changes in the 2010 and 2013 editions of NFPA 495, Explosive Materials Code, to the 2006 edition currently adopted under ch. SPS 307. Chapters SPS 307 and 308 were also reviewed in their entirety to ensure consistency with current industry and enforcement practices and applicable Wisconsin statutes.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The proposed rules were posted on the Department of Safety and Professional Services’ website for 14 days in order to solicit comments from businesses, representative associations, local governmental units, and individuals that may be affected by the rules.

Comments were received from 17 individuals indicating that, although the proposed rules revise the requirement to annually inspect a fireworks manufacturing plant to require an inspection at least once every 3 years, the fees associated with inspections will have a negative impact on hobbyist fireworks manufacturers licensed by the department. These comments were taken into consideration in the department’s analysis of the economic impact of the proposed rules.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis document is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received at or before the public hearing to be held at 9:00 a.m. on June 6, 2017, to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1.   SPS 307.20 (15m) and (17m) are created to read:

  SPS 307.20 (15m) "GPS" means the Global Positioning System.

  (17m) "Municipality" means a city, village, or town in this state.

Section 2.   SPS 307.20 (21) is amended to read:

  SPS 307.20 (21) "Unreasonable annoyance" means an excessive, repeated noise, action, or other disturbance caused by use of explosive materials that is not justified by reason in compliance with the standards under this chapter.

Section 3.   SPS 307.21 is amended to read:

  SPS 307.21  Adoption of standards. NFPA 495, Explosive Materials Code, 2006 2013, subject to the modifications specified in this chapter, is hereby incorporated by reference into this chapter.

  Note: A copy of NFPA 495, Explosive Materials Code is on file in the offices of the department and the legislative reference bureau. Copies of NFPA 495, Explosive Materials Code, may be purchased from the National Fire Protection Association, 1 Batterymarch Park, Box 9101, Quincy, MA, 02269-9101 02169-7471.

Section 4.   SPS 307.31 (2) (intro.) and (a) are amended to read:

  SPS 307.31 (2) (intro.) These are department rules in addition to the requirements in NFPA 495 section 10.1.3 4:

  (a) Blaster requirements. When blasting operations are conducted in communities a municipality, the shots shall be designed and initiated by a properly licensed Class 5, 6, or 7 blaster.

Section 5.   SPS 307.31 (2) (b) is renumbered SPS 307.31 (2) (b) 1. and amended to read:

  SPS 307.31 (2) (b) 1. Any person conducting blasting operations in a community municipality at a location other than a mine, pit, or quarry shall notify the department, the local fire department, and the local law enforcement agency of the first date on which blasting is scheduled and the location of the blasting operation. Notification to the department shall be made on forms provided by the department and occur at least 10 days prior to the first date on which blasting is scheduled. Unless notification of subsequent blasting is requested by the local fire department or local law enforcement agency or required by municipal ordinance, only one initial notice is required under this subdivision.

Section 6.   SPS 307.31 (2) (b) 2. is created to read:

  SPS 307.31 (2) (b) 2. Each calendar year before annual blasting begins at a mine, pit, or quarry located in a municipality, the person conducting blasting operations shall notify the department that blasting is about to begin. Notification shall be made on forms provided by the department and occur at least 10 days prior to the date on which blasting is scheduled to begin. Unless notification of annual or subsequent blasting is requested by the local fire department or local law enforcement agency or required by municipal ordinance, only one initial notice to the department each calendar year is required under this subdivision.

Section 7.   SPS 307.31 (2) (b) (Note) and (4) (c) 2. are amended to read:

  SPS 307.31 (2) (b) (Note) Copies of the A notice of blasting in a community (form SBD-7336) are form is available from the department’s Division of Industry Services at P.O. Box 2658 7302, Madison, WI 53701-2658 53707-7302; by email at [e-mail]; or at by telephone at [phone] 266-2112, or [phone], or 411 (Telecommunications Relay); or at the Division's Web site division’s website at http://dsps.wi.gov/programs/industry-services.

  (4) (c) 2. Specific blast location, including GPS location or latitude and longitude coordinates, address, and bench and station number if applicable.

Section 8.   SPS 307.41 (1) is renumbered SPS 307.41 (1) (a) and amended to read:

  SPS 307.41 (1) (a) At least 24 hours prior to initial blasting at a blast site, the blaster in charge shall make a reasonable effort to notify in writing or verbally all residents or owners of affected dwellings or other structures, as determined under sub. (2), that a blasting operation is to begin. The blaster in charge shall offer to perform a preblasting survey for the residents or owners. If a resident or owner requests a copy of the preblasting survey, the blaster in charge shall provide a copy for not more than the actual cost of the copy within 48 hours of the request. Except as provided under pars. (b) and (c), only one initial preblasting survey is required for a blast site.

Section 9.   SPS 307.41 (1) (b) and (c) are created to read: