(b) Persons selected under par. (a) may administer oaths or affirmations and may grant continuances and adjournments for cause shown.
(c) The affected party shall appear in person and may be represented by legal counsel.
(d) Witnesses may be examined by persons designated by the department.
(e) There shall be no prehearing discovery except as provided in s. 227.45 (7), Stats.
(3)Determinations.
(a) The department may make determinations and enter its order on the basis of the facts revealed by its investigation.
(b) Any determinations as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary of the department.
(4)Appeal arguments. Appeal arguments shall be submitted to the department in writing unless otherwise ordered.
(5)Location of hearings.
(a) All hearings shall be held at a location determined by the department.
(b) Telephone testimony of individual witnesses and telephone hearings may be held at the discretion of the person designated by the secretary as hearing officer.
(6)Hearing transcripts.
(a) All hearings shall be electronically recorded.
(b) Any party may request a copy of the electronic recording.
1. A transcript of the recorded hearing shall be prepared upon request at the expense of the party requesting the transcript.
2. Copies of transcripts prepared under this subsection shall be provided to the other party or parties upon payment of the actual cost of copying or obtaining a copy of the transcript.
3. The department may require payment in advance.
4. A transcript may be provided at the department’s expense to a party who demonstrates impecuniousness or financial need if that party has filed a petition for judicial review.
5. Where the department contracts with a court reporting firm for the preparation of transcripts, the fees charged for transcription and copying shall be equal to the fees charged to the department by the court reporting firm.
(7)Enforcement action status. Enforcement action shall proceed until such time as an administrative law judge has issued under this subsection a decision overturning or modifying the order.
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
Subchapter II — Adopted Standards and General Requirements
ATCP 93.200Adoption of standards. The standards listed in Tables 93.200-1 to 93.200-11 are incorporated by reference into this chapter.
Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased through the respective organizations listed in Tables 93.200-1 to 93.200-11.
Table 93.200-1
Table 93.200-2
Table 93.200-3
Table 93.200-3j
Table 93.200-3r
Table 93.200-4
Table 93.200-5
Table 93.200-6
Table 93.200-7
Table 93.200-8
Table 93.200-9
Table 93.200-10
Table 93.200-11
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.210Application of standards.
(1)All flammable, combustible and hazardous liquids, and equipment and facilities that are used to store them shall be designed, constructed, installed, operated, inspected, tested and maintained as specified in the standards adopted in s. ATCP 93.200, as those standards apply to the specific liquid, equipment or facility, except as otherwise provided in this chapter.
(2)All codes and standards referenced in the standards adopted in s. ATCP 93.200 shall apply to the prescribed extent of each such reference, except as modified by this chapter.
(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.
Note: In addition to addressing new construction for public buildings and places of employment, chs. SPS 361 to 366 generally require in s. 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.
(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).
(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 of safety and professional services.
Note: See also ch. SPS 314, Wisconsin Fire Prevention Code, for requirements on the inspection, testing and maintenance of fixed and portable fire protection systems.
(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.
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.
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
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:
(1)Boilers and pressure vessels. Chapter SPS 341 in lieu of the ASME Boiler and Pressure Vessel Code.
(2)Building elements. Chapters SPS 361 to 366 in lieu of the following NFPA standards:
(a) NFPA 101®— Life Safety Code®.
(b) NFPA 220 — Standard on Types of Building Construction.
(c) NFPA 221 — Standard for High Challenge Fire Walls, Fire Walls and Fire Barrier Walls.
(d) NFPA 5000®– Building Construction and Safety Code®.
Note: In addition to addressing new construction for public buildings and places of employment, chs. 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.
(3)Electrical installations. Chapter SPS 316 in lieu of NFPA 70 — National Electrical Code®.
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.225Alternate standards.
(1)Alternate standards that are equivalent to or more stringent than the standards incorporated by reference in this chapter may be used in lieu of incorporated standards if the alternate standard is approved by the department, or if written approval is issued by the department in accordance with s. ATCP 93.130 or 93.170.
(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.
(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.
(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.
(6)The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based.
(7)The department may reexamine an approved alternate standard and issue a revised approval at any time.
History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) made under s. 35.17, Stats., Register October 2019 No. 766.
ATCP 93.230General requirements.
(1)Application. This section applies to all new and existing tank systems, their appurtenances, and the associated property and facilities.
(2)Access.
(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 the department.
(b) Facilities shall have available personnel, keys, codes or other items necessary to provide 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.
Note: Section 93.08, Stats., reads as follows:
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:
(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.
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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.