SPS 318.1011 Note Note: The Department will provide assistance at no charge regarding the use of the electronic data interchange system. The guidelines are available at the Department's Web site at www.dsps.wi.gov/sb/docs/sb-BoilerEdiGuidelines.pdf.
SPS 318.1011(8)(b) (b) An approved form may be used in lieu of the electronic data interchange system where approved in advance by the department.
SPS 318.1011 Note Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at docsales@doa.state.wi.us, or at no charge at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 318.1011(8)(c)1.1. The inspection report shall explain any violation or unsafe condition, with references to specific code sections and the nature of the deficiency.
SPS 318.1011(8)(c)2. 2. Where an inspection report denotes conditions that pose an imminent threat to life or limb and require the conveyance to be taken out of service, both of the following shall be done immediately:
SPS 318.1011(8)(c)2.a. a. The owner or owner's agent shall take the conveyance out of service.
SPS 318.1011(8)(c)2.b. b. The inspector shall notify the department.
SPS 318.1011 Note Note: The Department may be contacted at telephone (608) 266-7548 during normal business hours. The State Division of Emergency Management can be contacted at (800) 943-0003 during non-business hours.
SPS 318.1011(8)(c)3. 3. The inspector shall provide the owner or owner's agent with a copy of the inspection report within 24 hours of the inspection.
SPS 318.1011(8)(d) (d) The inspection report shall be legible and complete.
SPS 318.1011(9) (9)Independent licensed elevator inspector procedures. Where inspections are provided by an independent licensed elevator inspector, all of the following requirements apply:
SPS 318.1011(9)(a) (a) The licensed elevator inspector shall submit written verification to the department of an agreement between the owner and the inspector for inspection services, no later than 30 calendar days after inspection service on equipment covered by this chapter is started. If the owner or inspector discontinues that service, the inspector shall notify the department no later than 30 days after the date of cancellation.
SPS 318.1011(9)(b) (b) If the licensed elevator inspector does not file a periodic inspection report with the department by 30 calendar days prior to the expiration date of the permit to operate, the department may conduct the inspection. If the department conducts the inspection, the owner will be charged a fee in accordance with ch. SPS 302 for each inspection.
SPS 318.1011(9)(c) (c) If the licensed elevator inspector is unable to obtain compliance with this chapter, the inspector shall notify the department. If the department conducts the inspection, the owner will be charged a fee in accordance with ch. SPS 302 for each inspection.
SPS 318.1011 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
SPS 318.1012 SPS 318.1012Agent municipalities.
SPS 318.1012(1) (1)Designation.
SPS 318.1012(1)(a)(a) Pursuant to ss. 101.12 and 101.983 (4), Stats., the department may designate a municipality as an agent of the department and thereby assign the authority to review and approve conveyance plans and specifications, conduct inspections and issue permits to operate those installations located within the municipality's boundaries.
SPS 318.1012(1)(b) (b) The plan review activities of a municipality that is not a 1st or 2nd class city shall be limited to parameters specified in s. 101.12 (3) (b), Stats.
SPS 318.1012 Note Note: Section 101.12 (3) (b) of the Statutes reads as follows: “[The department shall] Accept the examination of essential drawings, calculations and specifications in accordance with sub. (1) for buildings containing less than 50,000 cubic feet of volume and alterations to buildings containing less than 100,000 cubic feet of volume performed by cities, villages, towns or counties, provided the same are examined in a manner approved by the department. The department shall determine and certify the competency of all such examiners."
SPS 318.1012(2) (2)Conditions of agent designation.
SPS 318.1012(2)(a)(a) In addition to the statutory provisions under s. 101.12 (3) (a) to (b), Stats., all agent municipalities shall comply with all of the following:
SPS 318.1012(2)(a)1. 1. Employ or contract with licensed elevator inspectors to perform plan review and inspection functions.
SPS 318.1012(2)(a)2. 2. Forward to the department any information requested by the department relative to the examination of plans and inspections of conveyances.
SPS 318.1012(2)(a)3. 3. Notify the department, in writing, at least 60 days prior to the date upon which the agent municipality intends to relinquish the plan examination and inspection responsibilities for equipment covered under this chapter.
SPS 318.1012(2)(b) (b) An agent municipality may waive its jurisdiction for plan review and approval for any project. In that case, plans shall be submitted to the department for review and approval.
SPS 318.1012 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
SPS 318.1013 SPS 318.1013Accident reporting.
SPS 318.1013(1)(a) (a) Any bodily injury requiring more than first-aid treatment, that occurs in conjunction with a conveyance, shall be reported by the owner or owner's agent to the department or agent municipality within 2 business days of the injury, except as provided in par. (b).
SPS 318.1013(1)(b)1.1. Any fatality under par. (a) shall be reported to the department or agent municipality within 24 hours of the fatality.
SPS 318.1013(1)(b)2. 2. For the purposes of this section, the agent municipality is the entity that issued the permit to operate for the conveyance.
SPS 318.1013(1)(c) (c) At minimum, a report in an acceptable format shall be submitted to the department or agent municipality.
SPS 318.1013 Note Note: The department may be contacted by telephone at (262) 548-8600 during normal business hours. The State Division of Emergency Management can be contacted at (800) 943-0003 during non-business hours. A copy of the elevator/escalator accident report form SBD-10782 and the minimum information needed is available on the Industry Services' website at http://dsps.wi.gov/programs/industry-services.
SPS 318.1013(2) (2) The owner of a conveyance that causes a bodily injury under sub. (1) may not remove or disturb the conveyance or any of its components or permit any such removal or disturbance prior to receiving authorization from the department or agent municipality, except for the purpose of reducing further bodily harm or property damage, or as provided in sub. (4).
SPS 318.1013(3) (3) The owner of a conveyance that causes a bodily injury under sub. (1) may not return or allow the return of the conveyance back into operation or service until receiving authorization from the department or agent municipality that issued the permit to operate, except as provided in sub. (4).
SPS 318.1013(4) (4) Where authorized by a licensed elevator inspector, the conveyance may be temporarily returned to service until an inspection by the department or agent municipality verifies that continuation of service is acceptable.
SPS 318.1013 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
SPS 318.1014 SPS 318.1014Petition for variance. A petition for variance relating to a provision in this chapter may be submitted and shall be processed in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department or local building official having jurisdiction, or both.
SPS 318.1014 Note Note: Chapter SPS 303 requires the submittal of a petition for variance form (SBD 9890X) and a fee, and that an equivalency is established in the petition for variance which meets the intent of the rule being petitioned. Chapter SPS 303 also requires the Department to process regular petitions within 30 business days and priority petitions within 10 business days.
SPS 318.1014 Note Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay), or at docsales@doa.state.wi.us, or at no charge at the Department's Web site at www.dsps.wi.gov through links to Division of Industry Services forms.
SPS 318.1014 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
SPS 318.1015 SPS 318.1015Enforcement. Where an agent municipality administers and enforces this chapter, a regulated item or activity shall be directed to or addressed by the agent municipality before requesting input from the department.
SPS 318.1015 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
SPS 318.1016 SPS 318.1016Appeals.
SPS 318.1016(1) (1)Appeal of department order. Pursuant to s. 101.02 (6) (e), Stats., any person who owns or operates a conveyance that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order.
SPS 318.1016(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 a provision of this chapter may petition the department for a hearing on the grounds that the local order is unreasonable and in conflict with the rule of the department.
SPS 318.1016 Note Note: Section 101.02 (7) of the Statutes reads: “Upon receipt of such petition the department shall order a hearing thereon, to consider and determine the issues raised by such appeal, such hearing to be held in the village, city or municipality where the local order appealed from was made. Notice of the time and place of such hearing shall be given to the petitioner and such other persons as the department may find directly interested in such decision, including the clerk of the municipality or town from which such appeal comes. If upon such investigation it shall be found that the local order appealed from is unreasonable and in conflict with the order of the department, the department may modify its order and shall substitute for the local order appealed from such order as shall be reasonable and legal in the premises, and thereafter the said local order shall, in such particulars, be void and of no effect."
SPS 318.1016 Note Note: Section 101.01 (8) of the Statutes defines “local order" as any ordinance, order, rule or determination of any common council, board of alderpersons, board of trustees or the village board, of any village or city, a regulation or order of the local board of health, as defined in section 250.01 (3), or order or direction of any official of a municipality, upon any matter over which the department has jurisdiction.
SPS 318.1016(3) (3)Contested case hearing. In addition to any other right provided by law, any interested person may file a written request for a contested case hearing, as specified in s. 227.42, Stats.
SPS 318.1016(4) (4)Petition of administrative rule. Pursuant to s. 227.12, Stats., any municipality or 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 318.1016 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
SPS 318.1017 SPS 318.1017Penalties. Penalties for violations of this chapter are subject to and may be assessed in accordance with s. 101.988 (3), Stats.
SPS 318.1017 Note Note: Section 101.988 (3) of the Statutes reads as follows: “Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 or imprisoned for not more than 30 days or both, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance."
SPS 318.1017 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
subch. IV of ch. SPS 318 Subchapter IV — Changes, Additions, or Omissions
to ASME A17.1
SPS 318.1700 SPS 318.1700Changes, additions, or omissions to ASME A17.1.
SPS 318.1700(1)(1)General.
SPS 318.1700(1)(a)(a) Elevators, escalators, moving walks, and lifts shall be designed, constructed, installed, operated, maintained, tested, and inspected in accordance with ASME A17.1, except as otherwise provided in this chapter.
SPS 318.1700(1)(b) (b) Orchestra elevators and stage elevators shall be designed, constructed, installed, operated, maintained, tested, and inspected in accordance with the applicable criteria in this chapter.
SPS 318.1700(2) (2)Changes, additions, and omissions. Changes, additions, or omissions to ASME A17.1 are specified in this subchapter and are rules of the department and are not requirements of ASME A17.1.
SPS 318.1700(3) (3)ASME A17.2, A17.3, and A17.5. All references in ASME 17.1 to ASME A17.2, A17.3, and A17.5 are informational only and are not requirements of this chapter.
SPS 318.1700 Note Note: The sections in this subchapter are generally numbered to correspond with the section numbering in ASME A17.1. For example, section SPS 318.1702 corresponds to ASME A17.1 Part 2.
SPS 318.1700 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
SPS 318.1701 SPS 318.1701Scope, application, and definitions.
SPS 318.1701(1)(1) Substitute the following informational notes for the requirements in ASME A17.1 section 1.1:
Note: See sections SPS 318.1002 and 318.1003 for scope and application requirements.
Note: See ASME A18.1 and subchapter V for requirements relating to vertical and inclined platform lifts, and stairway chairlifts serving public buildings and places of employment.
SPS 318.1701(2) (2) Substitute the following definition for the corresponding definition specified in ASME A17.1 section 1.3: “Authority having jurisdiction" means the department of safety and professional services, except as designated under s. SPS 318.1012.
SPS 318.1701(3) (3) This is a department informational note to be used under ASME A17.1 section 1.3:
Note: See subsections SPS 318.1004 (8) and (10) (a) in subchapter I for definitions of building code and elevator because under section SPS 318.1003 (2) (a) those definitions supersede the corresponding definitions in ASME A17.1 section 1.3.
SPS 318.1701 History History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.
SPS 318.1702 SPS 318.1702Electric elevators.
SPS 318.1702(1) (1)Pit drains and sumps.
SPS 318.1702(1)(a)(a) This is a department informational note to be used under ASME A17.1 section 2.2.2.3:
Note: See ch. SPS 362 of the building code for hoistway drain and sump requirements for elevators in commercial buildings.
SPS 318.1702(1)(b) (b) Substitute the following informational note for the requirements in ASME A17.1 section 2.2.2.5:
Note: See chapter SPS 362 of the building code for hoistway drain and sump requirements for elevators in commercial buildings.
SPS 318.1702(1)(c) (c) This is a department informational note to be used under ASME A17.1 section 2.7:
Note: See section SPS 382.33 for prohibition of sumps and sump pumps in elevator machine rooms for elevators in commercial buildings.
SPS 318.1702(2) (2)Machinery spaces, machine rooms, control spaces, and control rooms.
SPS 318.1702(2)(a)(a) Access to machine rooms and machinery spaces. This a department rule in addition to the requirements in ASME A17.1 section 2.7.3.1: Access to a machine room, machinery space, control room, or control space may not be through any toilet room, locker room, sleeping room, or similar room or space, except in one- or two-family dwellings.
SPS 318.1702(2)(b) (b) Access doors and openings.
SPS 318.1702(2)(b)1.1. This is a department rule in addition to the requirements in ASME A17.1 section 2.7.3.4.1: The entrance to a machine room, control space, or control room shall be identified with a permanent sign. The lettering on the sign shall be at least 1-inch high and state “elevator machine room," or equivalent wording.
SPS 318.1702(2)(b)2. 2. This is a department rule in addition to the requirements in ASME A17.1 section 2.7.3.4.3: Hoistway access doors shall be provided with an electric contact to remove power to the driving means when the panel is not in the closed position.
SPS 318.1702(2)(c) (c) Headroom in machine rooms, machinery spaces, control rooms, and control spaces. This is a department rule in addition to the requirements in ASME A17.1 section 2.7.4.1: For elevators installed to serve one- and two-family dwellings, headroom in these spaces may comply with the requirements in ASME A17.1 section 5.2.1.7.1.
SPS 318.1702(2)(d) (d) Temperature and humidity. This is a department informational note to be used under ASME A17.1 section 2.7.9.2:
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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.