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ATCP 92.22(1)(d) (d) Affix a security seal to any adjustment mechanism that is designed to be sealed. The security seal shall identify the weights and measures service company and individual technician by name, initials or other unique identifiers.
ATCP 92.22(1)(e) (e) Prepare a report according to s. ATCP 92.23.
ATCP 92.22(2) (2)Test equipment and standards. The department, or a laboratory certified by the national institute of standards and technology, shall inspect, test and approve testing equipment and standards used by weights and measures service companies. The department or certified laboratory shall inspect, test and approve the equipment at least once every 2 years unless the department specifies a different time interval for specific equipment or standards.
ATCP 92.22 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03; CR 04-005: am. (1) (b) and (note) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (1) (b) Register November 2006 No. 611, eff. 12-1-06; CR 08-075: am. (1) (b) Register April 2009 No. 640, eff. 5-1-09; CR 10-122: am. (1) (b) Register July 2011 No. 667, eff. 8-1-11; CR 13-043: am. (1) (b) Register February 2014 No. 698, eff. 5-1-14.
ATCP 92.23 ATCP 92.23 Weights and measures service companies; reports.
ATCP 92.23(1)(1) Report required. A weights and measures service company shall prepare a written report whenever it installs, services, tests or calibrates a weighing or measuring device. The weights and measures technician who performs the work on behalf of the service company shall prepare and sign the report. The report shall include all the following:
ATCP 92.23(1)(a) (a) The name of the device owner or operator, the location of the device, and a uniquely identifying description of the device.
ATCP 92.23(1)(b) (b) The date on which the service company installed, serviced, tested or calibrated the device.
ATCP 92.23(1)(c) (c) The nature of the work performed on the device.
ATCP 92.23(1)(d) (d) A statement that an inspector had marked or sealed the device as "rejected," if that is the case. The report shall include the date of the "rejected" mark or seal, if known. The report shall state whether the service company returned the device to service and, if it did return the device to service, the date on which it did so.
ATCP 92.23(1)(e) (e) The level of accuracy and correctness found at the beginning of each test and after any adjustments to the device.
ATCP 92.23(1)(f) (f) A statement clearly indicating whether the device was correct when the service company completed its work. If the service company did not determine whether the device was correct, the report shall indicate that fact.
ATCP 92.23(1)(g) (g) The name of the service company technician who installed, serviced, tested or calibrated the device.
ATCP 92.23(2) (2)Giving copies. Within 10 days after a weights and measures service company installs, services, tests or calibrates a weighing or measuring device, the service company shall mail or deliver a copy of its report under sub. (1) to each of the following:
ATCP 92.23(2)(a) (a) The owner or operator of the device.
ATCP 92.23(2)(b) (b) The department if the service company returns to service a device rejected by the department.
ATCP 92.23(2)(c) (c) The municipality if the service company returns to service a device rejected by the municipality.
ATCP 92.23(3) (3)Keeping copies. A weights and measures service company shall keep a copy of every report under sub. (1) for at least 2 years after the report is created.
ATCP 92.23 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03.
ATCP 92.24 ATCP 92.24 Prohibited practices. No person who sells, installs, services, tests or calibrates a weighing or measuring device may do any of the following:
ATCP 92.24(1) (1) Cause the device to be incorrect.
ATCP 92.24(2) (2) Misrepresent that the device is correct.
ATCP 92.24(3) (3) Misrepresent, directly or by implication, that the person has determined whether the device is correct.
ATCP 92.24(4) (4) Fail to comply with this chapter or ch. 98, Stats.
ATCP 92.24(5) (5) Remove any reject tag or mark applied by a state or municipal inspector unless the person first does one of the following:
ATCP 92.24(5)(a) (a) Adjusts the device to bring it into compliance with this chapter and ch. 98, Stats.
ATCP 92.24(5)(b) (b) Obtains express authorization from the department or, if the reject tag or mark was applied by a municipal inspector, from that municipality.
ATCP 92.24 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03.
subch. IV of ch. ATCP 92 Subchapter IV — Vehicle and Livestock Scales
ATCP 92.30 ATCP 92.30 Vehicle and livestock scales; permits, construction, and testing.
ATCP 92.30(1) (1) Vehicle scale; permit required.
ATCP 92.30(1)(a)(a) No person may install or relocate a vehicle scale without a permit from the department.
ATCP 92.30(1)(b) (b) A person shall apply for a permit under par. (a) in writing, on a form provided by the department. The application shall include all of the following:
ATCP 92.30(1)(b)1. 1. A nonrefundable application fee of $65, if the application pertains to a vehicle scale.
ATCP 92.30(1)(b)2. 2. A construction plan for the vehicle scale.
ATCP 92.30(1)(c) (c) An application under par. (b) shall document that the vehicle scale complies with the construction standards in sub. (3).
ATCP 92.30(1)(d) (d) The department shall grant or deny a permit application under par. (b) within 20 business days after the department receives a complete application. The department may deny an application if the applicant begins to install or relocate the vehicle scale while the permit application is still pending approval.
ATCP 92.30 Note Note: A permit application form under sub. (1) (b) may be obtained at http://datcp.wi.gov/consumer/weights_and_Measures/index.aspx or by writing to:
ATCP 92.30 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
ATCP 92.30(2) (2)Master construction plan. Instead of filing a separate construction plan with each permit application under sub. (1), an applicant may file a master construction plan which applies to 2 or more applications, and may refer to that master plan in each individual application. If a proposed installation or relocation entails any deviation from the master plan, the individual permit application shall clearly describe every deviation.
ATCP 92.30(3) (3)Vehicle and livestock scales; construction standards. Except as provided under sub. (6) or (9), every vehicle scale and every livestock scale shall comply with the following construction standards:
ATCP 92.30(3)(a) (a) Load–bearing piers. The main load–bearing piers supporting a scale shall be constructed of reinforced concrete. The main load–bearing piers shall be poured so that they are monolithic with the scale walls, or shall be tied to the walls with 1/2 inch (1.2 cm) reinforcing rods.
ATCP 92.30(3)(b) (b) Scale walls.
ATCP 92.30(3)(b)1.1. The walls of every scale shall be constructed of reinforced concrete. The side walls of every scale, other than a livestock scale constructed prior to January 1, 1992, shall be not less than 12 inches (30 cm) thick. The end walls of every scale shall be not less than 16 inches (40 cm) thick, except that end walls of a livestock scale or above–ground scale shall be not less than 12 inches thick.
ATCP 92.30(3)(b)2. 2. Throughout every scale wall, 1/2 inch (1.2 cm) reinforcing rods shall be placed vertically on no more than 12 inch (30 cm) centers, and horizontally on no more than 18 inch (45 cm) centers.
ATCP 92.30(3)(b)3. 3. A vehicle scale end wall, if poured with seams or joints, shall be constructed with a step at the outer edge to provide support for the vehicle approach slab unless the approach slab consists of reinforced concrete which is poured monolithically with the end wall and joined to the end wall with reinforcing rods. The step shall extend for the entire length of the end wall, and shall be at least 6 inches (15 cm) wide and 6 inches (15 cm) deep.
ATCP 92.30(3)(c) (c) Foundations.
ATCP 92.30(3)(c)1.1. Load-bearing piers and scale walls shall rest on reinforced concrete footings which extend at least 12 inches (30 cm) below the frost line, or on a reinforced concrete base slab not less than 12 inches (30 cm) thick. Footings and slabs which support load-bearing piers or scale walls shall be constructed according to the manufacturer's engineering drawings, and shall be constructed to prevent frost heaving.
ATCP 92.30(3)(c)2. 2. Scale pit floors and surfaces underlying above–ground vehicle scales shall be constructed of concrete, and shall be constructed so that they are well drained. The concrete floor or surface shall extend the full length and width of the scale. This subdivision does not apply to above-ground scales constructed prior to January 1, 1992.
ATCP 92.30(3)(c)3. 3. A load-bearing concrete surface underlying an above-ground vehicle scale shall rest on a bed of compacted aggregate which is at least 6 inches (15 cm) thick under every portion of the load-bearing concrete surface, or on an alternative foundation constructed according to the manufacturer's engineering drawings. This subdivision does not apply to above-ground scales installed prior to January 1, 1992.
ATCP 92.30(3)(d) (d) Top edge of scale wall. The top inside edge of every scale wall shall be framed, for its entire length, with a structural steel angle iron coping. The angle iron shall be at least 2 inches (5 cm) by 2 inches (5 cm) by 1/4 inch (.6 cm), and shall be constructed with welded projections so that it can be anchored in the concrete at approximately 4 foot (1.2 meter) intervals.
ATCP 92.30(3)(e) (e) Clearances around scales.
ATCP 92.30(3)(e)1.1. In every scale pit, there shall be a clearance of not less than 6 feet (1.8 meters) between the finished floor line of the scale pit and the top edge of the pit coping, or a clearance of not less than 48 inches (1.2 meters) between the finished floor line of the scale pit and the bottom of the load receiving element, the bottom of the beam supporting the load receiving element, or the top of the fully electronic load receiving element. The clearance between the load receiving element and the coping of every scale pit wall shall be not less than 1/2 inch (1.2 cm) and not more than 3/4 inch (1.8 cm).
ATCP 92.30(3)(e)2. 2. In every above-ground vehicle scale, there shall be a clearance of not less than 6 inches (15 cm) between the top surface of the base slab and the bottom of the load receiving element. This subdivision does not apply to above-ground scales constructed prior to January 1, 1992.
ATCP 92.30(3)(e)3. 3. In a scale pit containing a lever–type weighing element, there shall be a clearance of at least 27 inches (70 cm) on one side of the transverse lever between the transverse lever and the pit neck wall.
ATCP 92.30(3)(f) (f) Mechanical indicating elements; support. Mechanical indicating elements, including weigh beams and dials, shall be placed on reinforced concrete footings or metal structural members which are sufficiently strong to prevent deflection.
ATCP 92.30(3)(g) (g) Scale pit entrance. Every scale pit shall include an entrance through which persons may enter the scale pit. The entrance shall take one of the following forms:
ATCP 92.30(3)(g)1. 1. In a scale pit containing a lever–type weighing element, a square opening in the pit neck, with dimensions of at least 22 inches (58 cm) by 22 inches (58 cm).
ATCP 92.30(3)(g)2. 2. An opening, at least 24 inches (60 cm) in diameter, in the scale platform.
ATCP 92.30(3)(g)3. 3. An opening in the pit wall, not less than 36 inches (90 cm) wide. The top of the opening shall be no lower than the bottom of the weigh bridge, and the bottom of the opening shall be approximately even with the pit floor.
ATCP 92.30(3)(h) (h) Approach surfaces. Entry and exit approaches to a vehicle scale shall be at least as wide as the scale platform and at least 1/2 the length of the scale platform. Where it meets the end wall of a scale, each approach shall be supported on a step in the top of the end wall as provided under par. (b). Extending for the first 10 feet from the scale, each approach surface shall be on the same plane with the scale platform and shall be constructed of reinforced concrete, compacted asphaltic materials, steel grating or structural steel plate of sufficient strength to withstand all loads equal to the concentrated load capacity of the scale. The remainder of the approach surface shall be constructed of a durable material and shall have a slope of not more than 1:12 (vertical rise/horizontal run). The approach shall be constructed and maintained to drain away from the scale, to provide easy vehicle access to the scale, and to provide easy access by the department or a scale service company to test compliance with s. ATCP 92.02 (1).
ATCP 92.30(3)(i) (i) Livestock scales; test weight unloading platform. A concrete test weight unloading platform shall be constructed and maintained next to every livestock scale. The test weight unloading platform shall be at least 10 feet (3 meters) long and 8 feet (2.4 meters) wide. The test weight unloading platform shall be on the same level and plane as the scale platform. The test weight unloading platform shall be situated so that a test truck can easily lower test weights onto the test weight unloading platform, and so that test weights can easily be moved from the test weight unloading platform to the scale platform.
ATCP 92.30(4) (4)Vehicle and livestock scales; tolerances. Vehicle and livestock scales installed or relocated under sub. (1) shall comply with acceptance tolerances under s. ATCP 92.02 throughout the period starting with the first date of use and ending 90 days after the department first receives notice under sub. (5) that the scale is in use. After that initial period, the scale shall comply with applicable tolerances under s. ATCP 92.02.
ATCP 92.30(5) (5)Vehicle and livestock scales; installation report. If a person installs or relocates a vehicle or livestock scale, that person shall report the completed installation or relocation to the department within 5 days after the installation or relocation is completed. The report shall be filed in writing and shall include all of the following:
ATCP 92.30(5)(a) (a) The number of the permit under sub. (1) that authorized the scale installation or relocation, if the scale is a vehicle scale.
ATCP 92.30(5)(b) (b) The date of installation or relocation, and the location at which the scale was installed or to which the scale was relocated.
ATCP 92.30(5)(c) (c) The name of the scale manufacturer, the brand name of the scale, and the model or serial number of the scale.
ATCP 92.30(5)(d) (d) The capacity of the scale.
ATCP 92.30(5)(e) (e) The sectional capacity of the scale if the scale was constructed before January 1, 1989, or the concentrated load capacity of the scale if the scale was manufactured on or after January 1, 1989.
ATCP 92.30(5)(f) (f) A scale test report showing that the scale was tested and correct before it was put into use. The scale test shall comply with sub. (7).
ATCP 92.30(5)(g) (g) A statement indicating whether the scale was sold in connection with the installation or relocation. If the scale was sold, the report shall include the name and address of the buyer and seller, and shall indicate the date of sale.
ATCP 92.30(6) (6)Vehicle scales; construction variances.
ATCP 92.30(6)(a)(a) The department may grant a variance from a construction requirement under sub. (3) if the department determines that the variance is justified by special circumstances and will not compromise the structural integrity or accuracy of the scale. The department may impose any conditions on the variance, including alternative construction requirements, which it considers necessary.
ATCP 92.30(6)(b) (b) A person applying for a variance under par. (a) shall submit the application in writing, on a form provided by the department. The application shall include all of the following:
ATCP 92.30(6)(b)1. 1. A detailed written justification for the variance. The justification shall demonstrate that the proposed variance is justified by special circumstances and will not compromise the structural integrity or accuracy of the scale.
ATCP 92.30(6)(b)2. 2. A nonrefundable variance application fee of $150.
ATCP 92.30(6)(c) (c) The department may deny a variance application under par. (b) if the requester begins construction in violation of any requirement under sub. (3) before the department grants a variance from that requirement.
ATCP 92.30 Note Note: A variance application form under sub. (6) (b) may be obtained at http://datcp.wi.gov/consumer/weights_and_Measures/index.aspx or by writing to:
ATCP 92.30 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
ATCP 92.30(7) (7)Vehicle and livestock scales; annual testing.
ATCP 92.30(7)(a)(a) The owner or operator of a vehicle or livestock scale with a weighing capacity of 5,000 pounds or more that is used for the commercial weighing of commodities or livestock shall at least annually cause the scale to be inspected and tested for accuracy by a person licensed under s. ATCP 92.20 (1). The person performing the inspection and test shall prepare a written inspection and test report for the scale owner or operator.
ATCP 92.30(7)(b) (b) If a report under par. (a) shows that a scale is inaccurate, the scale may not be used until a person licensed under s. ATCP 92.20 (1) re-inspects and retests the scale and delivers a written report to the scale owner or operator confirming that the inaccuracy has been corrected.
ATCP 92.30(7)(c) (c) The owner or operator of a vehicle or livestock scale shall file with the department a copy of each report prepared in connection with the inspection or testing of that scale, including any report required under par. (a) or (b), not more than 15 days after the owner or operator receives the test report and not more than 30 days after the reported inspection or test occurred.
ATCP 92.30(7)(d) (d) If the department finds that a vehicle scale operator who is required to be licensed under s. ATCP 92.31 (1) has failed to file a vehicle scale inspection or test report as required by par. (c), the department shall assess against that operator a license surcharge of $200. The department may not issue or renew an annual license under s. ATCP 92.31 (1) if the operator fails to include the amount of any unpaid surcharge assessed under this paragraph with the operator's annual license application. The department may suspend or revoke an annual license if the license holder fails to pay a surcharge assessed under this paragraph within 120 days after the department assesses the surcharge. A surcharge payment under this paragraph does not relieve a vehicle scale operator of any other civil or criminal liability for violating sub. (1), but is not evidence of a violation.
ATCP 92.30 Note Note: The testing and reporting requirements under sub. (7) (a) to (c) apply to all vehicle scales and livestock scales. However the license surcharge under par. (d) applies only to vehicles scales whose operators are required to be licensed under s. ATCP 92.31 (1). See surcharge authorization in s. 98.16 (3m) (c), Stats. Violations by vehicle scale or livestock scale operators are also subject to penalties under s. 98.26, Stats.
ATCP 92.30(8) (8)Rejection notice. A department weights and measures inspector or a municipal weights and measures sealer may issue a rejection notice under s. 98.05 (2), Stats., prohibiting the commercial use of a vehicle or livestock scale which does not comply with this section.
ATCP 92.30(9) (9)Exemptions. Subsections (1) to (7) do not apply to any of the following:
ATCP 92.30(9)(a) (a) A vehicle scale that is used for less than one year at the same location.
ATCP 92.30(9)(b) (b) Portable vehicle scales installed with all of the following:
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