SPS 333.07 Note
Note: Section
101.02 (13) (a), Stats., indicates that if any employer, employee, owner, or other person violates ss.
101.01 to
101.599, Stats., or 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 fails, neglects or refuses to obey any lawful order given or 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 employer, employee, owner or other person shall forfeit and pay into the state treasury a sum not less than $10 or more than $100 for each such offense.
SPS 333.07 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01.
SPS 333.08(1)
(1)
Appeal of department order. Pursuant to s.
101.02 (6) (e), Stats., any person who owns or occupies a property that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order.
SPS 333.08(2)
(2) Appeal of local order. Pursuant to s.
101.02 (7) (b), Stats., any person affected by a local order that is in conflict with an order of the department may petition the department for a hearing on the local order.
SPS 333.08(3)
(3) Petition of administrative rule. Pursuant to s.
227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment or repeal of the rule.
SPS 333.08 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01.
SPS 333.10(1)(a)(a) Before commencing the construction, installation or relocation of or addition to a passenger ropeway, plans and specifications for the proposed passenger ropeway shall be submitted to the department for review and approval.
SPS 333.10 Note
Note: Plans and specifications are to be submitted to the Department's Division of Industry Services, Bureau of Field Services, P.O. Box 7302, Madison, WI 53707-7302.
SPS 333.10(1)(b)
(b) At least 3 clear, legible and permanent copies of the plans and one copy of the specifications shall be submitted to the department.
SPS 333.10 Note
Note: Original drawings are not considered a substitute for permanent copies.
SPS 333.10(1)(c)
(c) Plans shall include all of the following applicable information:
SPS 333.10(1)(c)3.
3. Site plan and profile map showing location of towers, power units, counterweights and pits.
SPS 333.10(1)(c)5.
5. Details of tower construction mountings, foundations and supports, sheave assemblies and carriages.
SPS 333.10(1)(d)
(d) The specifications shall be coordinated with the plans and describe the quality of the materials.
SPS 333.10(1)(e)
(e) All plans submitted for review shall be accompanied by sufficient data and information for the department to determine if the design of the passenger ropeway, the capacity of the equipment, and the performance of the passenger ropeway will conform to the requirements of this chapter.
SPS 333.10(2)(a)(a) If the department determines that the plans and the specifications for the proposed passenger ropeway substantially conform to the requirements of this chapter, a written conditional approval shall be granted. All conditions not in compliance with this chapter, which are identified in the conditional approval, shall be corrected before or during construction or installation. A conditional approval issued under this subsection shall not impose any responsibility or liability upon the department for the design or construction of the passenger ropeway.
SPS 333.10(2)(b)
(b) If the department determines that the plans or the specifications for the proposed passenger ropeway do not substantially conform to the requirements of this chapter, the application for conditional approval shall be denied in writing.
SPS 333.10(3)
(3) Evidence of plan approval. At least one set of plans bearing the department's stamp of conditional approval and a copy of the specifications for the passenger ropeway shall be kept at the passenger ropeway site. The plans and specifications shall be open to inspection by the department or a third party independent inspector.
SPS 333.10(4)
(4) Revocation of approval. The department may revoke any approval, issued under this chapter, for any false statements or misrepresentation of facts on which the approval was based.
SPS 333.10(5)
(5) Plan review 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 333.11
SPS 333.11 Ropeway alterations. Complete information regarding an alteration which affects the design, structural strength or operation of a passenger ropeway or which replaces any piece of major equipment of a passenger ropeway shall be kept at the passenger ropeway site. The information shall be open to inspection by the department or a third party independent inspector.
SPS 333.11 Note
Note: Examples of alterations include the ropeway modifications listed in ANSI B77.1 section 1.2.4.4.
SPS 333.11 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01.
SPS 333.12(1)(a)(a) The acceptance inspections specified in the ANSI B77.1 standard adopted in
s. SPS 333.17 shall be performed by the department.
SPS 333.12(1)(b)
(b) Notice shall be given to the department at least 5 business days prior to the time the passenger ropeway will be ready for inspection.
SPS 333.12(1)(c)
(c) If the inspection is not completed within 10 business days after the passenger ropeway is ready for inspection, the department shall issue a temporary permit to operate until an inspection is completed and the passenger ropeway is approved or disapproved.
SPS 333.12(2)(a)1.1. All passenger ropeways, including existing passenger ropeways installed or constructed prior to November 1, 2012, shall be inspected at least once every 12 months by the department or a third-party independent inspector.
SPS 333.12(2)(a)2.
2. The inspection shall ascertain whether a permit to operate may be issued for each passenger ropeway.
SPS 333.12(2)(a)3.
3. Depending upon the type of passenger ropeway, the inspection shall cover at least the aspects of a general inspection as applicable under ANSI B77.1 sections 3.3.4.1, 4.3.4.1, 5.3.4.1, 6.3.4, or 7.3.4.
SPS 333.12 Note
Note: Prior to July 1, 1984, administrative rules for aerial tramways, aerial lifts, surface lifts and rope tows were specified in ch. Ind 46. Since July 1, 1984, the rules have been specified in chs. ILHR 33, Comm 33 and this chapter.
SPS 333.12(2)(b)1.1. By October 1 of each year, the owner of a passenger ropeway shall notify the department in writing if the next required periodic inspection is to be performed by a third party independent inspector.
SPS 333.12(2)(b)2.
2. If the notification is not made by October 1, the department may conduct the required period inspection and charge the owner the applicable fee specified under
ch. SPS 302.
SPS 333.12(2)(c)1.1. A third-party independent inspector conducting a periodic inspection under
par. (a) shall be employed by or contracted by an insurance company providing liability coverage for the passenger ropeway.
SPS 333.12(2)(c)2.
2. If a third party independent inspector is unable to obtain compliance with this chapter, the inspector shall notify the department.
SPS 333.12(2)(c)3.
3. All correspondence and documentation that is sent by the owner of a ropeway to a third party independent inspector addressing cited violations of this chapter shall also be sent by the owner to the department.
SPS 333.12(2)(d)1.a.a. Except as provided
subd. 1. b., reports of periodic inspections shall be submitted to the department within 30 days from the date of inspection.
SPS 333.12(2)(d)1.b.
b. A report of a periodic inspection shall be submitted to the department within 10 days from the date of inspection if the inspector does not recommend issuing the permit to operate for the ropeway.
SPS 333.12(2)(d)2.
2. A copy of the inspection shall be provided to the owner or their agent of the ropeway.
SPS 333.12(2)(d)3.
3. A periodic inspection shall be reported on form SBD-10633 or other approved form.
SPS 333.12(3)
(3) Load tests. The acceptance tests specified in the ANSI B77.1 standard adopted in
s. SPS 333.17 shall be witnessed by the department.
SPS 333.12(4)
(4) Additional data. When requested, additional data pertaining to the design, construction, materials or equipment of a passenger ropeway shall be submitted to the department for approval or to substantiate compliance with this chapter.
SPS 333.12 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01; correction in (1) (a), (2) (b), (c), (3) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 12-008: r. and recr. (2)
Register August 2012 No. 680, eff. 11-1-12.
SPS 333.13(1)
(1)
Responsibility. No passenger ropeway may be operated without a valid permit to operate. The owner of a passenger ropeway shall be responsible for obtaining and maintaining a valid permit to operate. The permit to operate shall be kept on the premise.
SPS 333.13(2)
(2) Issuance. After each initial or periodic inspection, a permit to operate shall be issued by the department upon determination that the passenger ropeway meets the applicable requirements of this chapter. The department shall issue a permit to operate within 10 business days from receipt of an inspection report showing compliance with this chapter.
SPS 333.13(3)
(3) Expiration. The permit to operate shall be valid for no longer than 12 months. The expiration date shall be printed on the permit to operate.
SPS 333.13 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01.
SPS 333.14
SPS 333.14 Owner's responsibility. No owner may construct or alter any passenger ropeway or portion of a passenger ropeway, or permit any passenger ropeway to be constructed or altered except in compliance with this chapter. Compliance with this chapter does not relieve the owner from compliance with other administrative rules or statutes.
SPS 333.14 Note
Note: The Department and other state agencies may have additional rules that affect the design, construction, maintenance and use of passenger ropeways, including chs.
SPS 314, Fire Prevention; SPS 316, Electrical; and SPS 340, Gas Systems. The Department's Division of Industry Services administers all of these listed codes.
SPS 333.14 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01.
SPS 333.15(1)
(1) An accident resulting in bodily injury as a result of a passenger ropeway malfunction and that requires more than first aid treatment shall be reported to the department within 2 business days of the injury. Fatalities as a result of a passenger ropeway malfunction shall be reported within 24 hours of occurrence.
SPS 333.15(2)
(2) The owner of the passenger ropeway that malfunctions resulting in bodily injury may not remove or disturb the ropeway or any of its components or permit any such removal or disturbance prior to receiving authorization from the department, except for the purpose of reducing further bodily harm or property damage.
SPS 333.15 Note
Note: Accidents are to be reported to the Department's Division of Industry Services, P.O. Box 7302, Madison, WI 53707-7302. Forms for reporting accidents may be obtained at the Division's Web site at
http://dsps.wi.gov/programs/industry-services. The Division can be contacted by telephone at 608/266-3151 or 877/617-1565 or 411 (Telecommunications Relay) during normal business hours. The State Division of Emergency Management can be contacted at 800/943-0003 during non-business hours.
SPS 333.15 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01;
CR 12-008: renum. 333.15 to be 333.15 (1), cr. (2)
Register August 2012 No. 680, eff. 11-1-12.
SPS 333.16
SPS 333.16 Construction and operation. All passenger ropeways shall be designed, constructed, installed, maintained and operated in accordance with the ANSI B77.1 standard incorporated by reference in
s. SPS 333.17, subject to those changes, additions and omissions specified in subch.
III.
SPS 333.16 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 333.17
SPS 333.17 Incorporation of standards by reference. SPS 333.17(1)(1) The American National Standard for Passenger Ropeways – Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – Safety Requirements, ANSI B77.1-2011, subject to the changes, additions and omissions specified in subch.
III, is hereby incorporated by reference into this chapter.
SPS 333.17 Note
Note: Copies of the ANSI B77.1 standard can be purchased from Global Engineering Documents, Customer Support M/S A1108, 15 Inverness Way, Englewood, CO 80112, telephone 877/413-5184, or from the National Ski Areas Association, 133 South Van Gordon Street, Suite 300, Lakewood, CO 80228, telephone 303/987-1111.
SPS 333.17 Note
Note: Copies of standards incorporated by reference are on file in the offices of the department and the legislative reference bureau.
SPS 333.17(2)
(2) Any codes or standards referenced in the standards adopted in
sub. (1) shall apply to the prescribed extent of each such reference, except as modified by this chapter.
SPS 333.17(3)
(3) Any alternate standard that is equivalent to or more stringent than a standard incorporated by reference or otherwise referenced under this chapter may be used in lieu of the incorporated or referenced standard if the alternate standard is accepted in writing by the department.
SPS 333.17 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01;
CR 12-008: renum. 33.17 to be 33.17 (1) and am., cr. (2), (3)
Register August 2012 No. 680, eff. 11-1-12.
SPS 333.20
SPS 333.20 Changes or additions to or omissions from ANSI B77.1. Changes or additions to or omissions from the ANSI B77.1 standard are specified in this subchapter and are rules of the department and are not requirements of the ANSI B77.1 standard.
SPS 333.20 Note
Note: The referenced B77.1 rule number, located in brackets, follows the SPS designation and section title and precedes the text of the rule.
SPS 333.20 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01.
SPS 333.21
SPS 333.21 Scope and purpose [B77.1 1.1, 1.2 and 1.3]. The requirements of B77.1 section 1.1 - Scope, section 1.2 - Purpose, and section 1.3 - Reference to Other Codes and Standards are not included as part of this chapter.
SPS 333.21 History
History: CR 00-132: cr.
Register August 2001 No. 548, eff. 9-1-01.
SPS 333.22(1)
(1)
Additions. The following are department definitions in addition to the definitions in B77.1 section 1.4:
