ATCP 93.210(3) (3) Any requirements in the standards adopted in s. ATCP 93.200 that address design and construction of public buildings or places of employment and which conflict with requirements in chs. SPS 361 to 366, are not included as part of this chapter.
ATCP 93.210 Note Note: In addition to addressing new construction for public buildings and places of employment, chapters SPS 361 to 366 generally require in section SPS 361.03 (13) that every existing public building or place of employment be maintained to conform with the building code requirements which applied when the building, structure, element, system, or component thereof was constructed.
ATCP 93.210(4) (4) All fire detection, prevention, suppression and isolation features required by a standard adopted in s. ATCP 93.200 shall be provided as specified in the standard, unless mandated otherwise by chs. SPS 361 to 366, under sub. (3).
ATCP 93.210(5) (5) All fire detection, prevention, suppression and isolation features that are installed, whether or not they are required by rule or standard, shall be inspected, tested and maintained as required by the applicable standard adopted in s. ATCP 93.200 or by other rules of the department.
ATCP 93.210 Note Note: See also chapter SPS 314, Wisconsin Fire Prevention Code, for requirements on the inspection, testing and maintenance of fixed and portable fire protection systems.
ATCP 93.210(6) (6) Any permit referenced in the standards adopted in s. ATCP 93.200 is not required by this chapter, but may be required at the local level if done so through a local ordinance.
ATCP 93.210 Note Note: For example, the permit referenced in NFPA 30 section 6.5.3.1 for spark-producing operations is not required by this chapter, but may be applied through a local ordinance.
ATCP 93.210 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1), (2), (3), (4), (5), (6) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) to (6) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.220 ATCP 93.220Secondary references. For the purposes of this chapter, the department of safety and professional services shall enforce the applicable provisions of the following Wisconsin administrative codes in lieu of the indicated standards that are referenced in the NFPA standards adopted in s. ATCP 93.200:
ATCP 93.220(1) (1)Boilers and pressure vessels. Chapter SPS 341 in lieu of the ASME Boiler and Pressure Vessel Code.
ATCP 93.220(2) (2)Building elements. Chapters SPS 361 to 366 in lieu of the following NFPA standards:
ATCP 93.220(2)(a) (a) NFPA 101 ® — Life Safety Code®.
ATCP 93.220(2)(b) (b) NFPA 220 — Standard on Types of Building Construction.
ATCP 93.220(2)(c) (c) NFPA 221 — Standard for High Challenge Fire Walls, Fire Walls and Fire Barrier Walls.
ATCP 93.220(2)(d) (d) NFPA 5000 ® – Building Construction and Safety Code®.
ATCP 93.220 Note Note: In addition to addressing new construction for public buildings and places of employment, chapters SPS 361 to 366 generally require in section SPS 361.03 (13) that every existing public building or place of employment be maintained to conform with the building code requirements which applied when the building, structure, element, system, or component thereof was constructed.
ATCP 93.220(3) (3)Electrical installations. Chapter SPS 316 in lieu of NFPA 70 — National Electrical Code®.
ATCP 93.220 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: cr. (2) (d) Register July 2009 No. 643, eff. 8-1-09; correction in (intro.), (1), (2) (intro.), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (intro.) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694.
ATCP 93.225 ATCP 93.225Alternate standards.
ATCP 93.225(1) (1) Alternate standards that are equivalent to or more stringent than the standards referenced in this chapter may used in lieu of the referenced standards when approved by the department or if written approval is issued by the department in accordance with sub. (2).
ATCP 93.225(2)(a)(a) Upon receipt of a fee and a written request, the department may issue an approval for the use of the alternate standard.
ATCP 93.225(2)(b) (b) The department shall review and make a determination on an application for approval within 40 business days of receipt of all forms, fees and documents required to complete the review.
ATCP 93.225(3) (3) Determination of approval shall be based on an analysis of the alternate standard and the standard referenced in this chapter, prepared by a qualified independent third party or the organization that published the standard contained in this chapter.
ATCP 93.225(4) (4) The department may include specific conditions in issuing an approval, including an expiration date for the approval. Violations of the conditions under which an approval is issued shall constitute a violation of this chapter.
ATCP 93.225(5) (5) If the department determines that the alternate standard is not equivalent to or more stringent than the referenced standard, the request for approval shall be denied in writing.
ATCP 93.225(6) (6) The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based.
ATCP 93.225(7) (7) The department may reexamine an approved alternate standard and issue a revised approval at any time.
ATCP 93.225 History History: CR 09-017: cr. Register July 2009 No. 643, eff. 8-1-09.
ATCP 93.230 ATCP 93.230General requirements.
ATCP 93.230(1) (1)Application. This section applies to all new and existing tank systems, their appurtenances and the associated property and facilities.
ATCP 93.230(2) (2)Access.
ATCP 93.230(2)(a)(a) Owners and operators of storage tank systems shall cooperate fully with inspections, monitoring, testing and requests for document submission conducted or required by the authorized agent or deputy of the department.
ATCP 93.230(2)(b) (b) Facilities shall have available keys, codes or other items necessary to open access to sumps, dispensers, pumps or areas that contain liquid system valves, controls, connections and fittings for the purpose of inspecting for leaks, functionality of fire safety and leak prevention equipment or verification of proper system operation.
ATCP 93.230 Note Note: Section 93.08 of the Statutes reads as follows:
ATCP 93.230 Note In performing their duties or in enforcing the laws entrusted to their administration, the department and its authorized agents may do all of the following:
ATCP 93.230 Note (1) Enter, within reasonable hours, any field, orchard, garden, packing ground, building, freight or express office, warehouse, car, vessel, vehicle, room, cellar, storehouse, cold storage plant, packing house, stockyard, railroad yard or any other place of business, which it may be necessary or desirable for them to enter.
ATCP 93.230 Note (2) Open any box, carton, parcel, package or other receptacle, inspect the contents thereof, and, upon payment or tender of the market value, take samples of any product or material contained therein.
ATCP 93.230 Note (3) Inspect products and materials and collect and test samples of them.
ATCP 93.230(3) (3)Releases.
ATCP 93.230(3)(a)(a) Owners and operators and contractors performing work under this chapter may not allow releases to occur from tank systems or dispensing systems, or from spilling or overfilling.
ATCP 93.230(3)(b) (b) Fuel-delivery persons may not allow releases to result from any overfilling or spilling that occurs during their delivery procedure.
ATCP 93.230 Note Note: For further information on industry practices for preventing or detecting releases with aboveground storage systems, and for protecting groundwater, surface water and soil in the event of a liquid release, see API Publication 340 — Liquid Release Prevention and Detection Measures for Aboveground Storage Facilities.
ATCP 93.230(4) (4)MSDS. Facilities shall have available a material safety data sheet for each stored product regulated by this chapter.
ATCP 93.230 Note Note: The flash point as noted in the MSDS will be used to resolve any disputes of the flammability or combustibility classification for the respective liquid product.
ATCP 93.230(5) (5)Units of measure. Units of measurement shall be traditional U.S. measures.
ATCP 93.230 Note Note: An important unit of measure used by this chapter is the U.S. gallon. It is equivalent to 4 U.S. quarts or 3.79 liters.
ATCP 93.230(6) (6)Degreasing and cleaning.
ATCP 93.230(6)(a)(a) A Class I liquid may not be used for degreasing or cleaning any engine, machine, part or equipment, or for cleaning any part of a building or premises, except as provided under par. (b).
ATCP 93.230(6)(b) (b) Industrial processes that use Class I liquids for degreasing or cleaning shall incorporate a ventilation system to reduce and maintain vapor concentration to less than 25 percent of the lower explosive limit.
ATCP 93.230(7) (7)System compatibility. Tank system components and containment systems shall be compatible with the substance stored in the tank system.
ATCP 93.230(8) (8)Fire extinguisher maintenance. All portable fire extinguishers shall be maintained in accordance with NFPA 10.
ATCP 93.230(9) (9)Property maintenance. All surface area within a 20-foot radius of a storage tank or dispenser shall be maintained free of combustible material and debris, except as allowed for public-access motor vehicle fueling operations in s. ATCP 93.620.
ATCP 93.230(10) (10)System maintenance.
ATCP 93.230(10)(a)(a) All system equipment and components shall be maintained to function to the manufacturer's original specifications and shall be maintained to be leak-free.
ATCP 93.230(10)(b)1.1. At least monthly, except as provided in subd. 2., sumps and secondary containment systems for tanks, piping and dispensers shall be inspected, and any liquids and debris contained then shall be removed.
ATCP 93.230(10)(b)2. 2. Sumps with a non-discriminating electronic sensor that detects liquid in the sump shall be inspected at least semiannually unless more frequent inspection is required by RP500 or RP900.
ATCP 93.230(10)(c) (c) Deficiencies in product lines or structural or transition components that allow for liquid leaks or water intrusion shall be repaired or corrected.
ATCP 93.230(10)(d) (d) Leak detection, fill and overfill prevention equipment shall be maintained in a functional condition.
ATCP 93.230(10)(e) (e) Fire and leak prevention and detection equipment installed, but not required by the department's rules, shall be maintained functional or be removed.
ATCP 93.230 Note Note: Section ATCP 93.115 (3) (a) 7. allows the authorized agent or the Department or fire department to shut down the tank system until any breach in the tank system is repaired or otherwise corrected.
ATCP 93.230(11) (11)Damage to underground components.
ATCP 93.230(11)(a)(a) When damage has occurred to underground pressurized tank system components or to underground vent and remote fill lines, the affected portion of the tank system shall be removed from service, and the following actions shall be taken before that portion of the system is put back into service, except as provided in par. (b):
ATCP 93.230(11)(a)1. 1. Perform third-party precision tightness testing of the portion of the tank system where damage occurred, in accordance with s. ATCP 93.515 (4) (a) 1.
ATCP 93.230(11)(a)2. 2. Isolate system components through the use of pressure-retaining components.
ATCP 93.230(11)(a)3. 3. Perform functional operational tests of existing monitoring equipment.
ATCP 93.230(11)(a)4. 4. Perform any additional monitoring, processes, or procedures needed to verify system integrity.
ATCP 93.230(11)(a)5. 5. Comply with the tank-system site assessment and response requirements in ss. ATCP 93.575 to 93.585 if a release is suspected.
ATCP 93.230(11)(b) (b) The actions in par. (a) 1. to 4. are not required where the damage is limited to dispenser system components that are isolated from the rest of the dispenser or tank system through the use of pressure-retaining components.
ATCP 93.230 Note Note: These are minimum requirements for the restart of a damaged system, dependent on the situation at the incident site. Additional safety or environmental protection actions or repairs may be needed by the owner or operator.
ATCP 93.230(12) (12)Product color coding for fill pipe caps and manhole covers.
ATCP 93.230(12)(a)(a) General.
ATCP 93.230(12)(a)1.1. All fill pipe caps and manhole covers for underground fuel tanks at distribution terminals, bulk plants and motor fuel dispensing facilities shall be identified by the standard color and symbol coding in API 1637.
ATCP 93.230(12)(a)2. 2. Products containing extenders such as ethanol shall be designated by the addition of a black border around white symbols and a white border around other colored symbols.
ATCP 93.230 Note Note: Extenders or oxygenates are added to gasoline and typically comprise a maximum of 10 percent of the fuel by volume.
ATCP 93.230(12)(a)3. 3. Vapor-recovery connections and manholes shall be marked with orange circles.
ATCP 93.230(12)(a)4.a.a. Observation and monitoring wells shall be marked with a black triangle on a white background.
ATCP 93.230(12)(a)4.b. b. The well shall be provided with a durable label warning against the introduction of petroleum products into the well.
ATCP 93.230(12)(b) (b) Location of identification.
ATCP 93.230(12)(b)1.1. The color coding required in par. (a) shall be applied to the fill pipe cap and manhole cover or within the spill containment.
ATCP 93.230(12)(b)2. 2. At all facilities with more than one tank, the color coding applied to the fill cap or manhole cover shall extend at least 12 inches beyond the edge of the cap or cover onto adjacent concrete or pavement.
ATCP 93.230 Note Note: See section ATCP 93.340 for additional information on product identification at bulk plants and terminals.
ATCP 93.230(13) (13) Deactivation of vapor recovery. When deactivating a stage II vapor-recovery system or a portion thereof, the deactivated pipe shall be removed, or be capped or plugged at the dispenser. If the pipe is removed, the connection to the tank shall be capped or plugged.
ATCP 93.230 Note Note: Each connection of a tank to deactivated, unremoved vapor-recovery pipe should be capped or plugged at the tank, if readily accessible, to minimize the potential for water intrusion from the pipe.
ATCP 93.230 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (9), (11) (a) 1., 5. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (9), (11) (a) 1., 5. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.240 ATCP 93.240Certifications and enforcement.
ATCP 93.240(1)(1)Certifications. Persons and firms providing or supervising any of the following services shall be credentialed by the department in accordance with ch. SPS 305:
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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.