Wisconsin Legislature: subch. II of ch. SPS 340

(2) Exceptions.

(a) This chapter does not apply to a gas system or any portion of a gas system that is within a building or structure, or downstream of a pressure-regulator valve which reduces a gas pressure to a level used within a building or structure, except as specified in pars. (b) to (d).

(b) This chapter applies to every vehicle-fuel dispensing system that fits any of the following descriptions:

1. It is used for fueling vehicles other than at a home or residence.

2. If for compressed natural gas, it has a capacity exceeding 5 cubic feet per minute.

3. If for gaseous hydrogen, it has a capacity exceeding 18 cubic feet per minute.

(d) This chapter applies downstream of the point specified in par. (a) if the conveyed gas is burned in an industrial process, which includes heating appliances or equipment that is used for other than space heating for human comfort.

Note: See chapter SPS 341 for requirements relating to pressure vessels for gases that are not used to fuel industrial processes, or heating appliances or equipment. See chapter SPS 345 for requirements relating to gasses that are used in mechanical refrigeration systems.

(3) Vehicles and watercraft. This chapter does not apply to vehicles or watercraft that use or transport the gases addressed in this chapter, except as specified in s. SPS 340.43 (1) and subch. V.

(4) Exclusions. This chapter does not nullify any exclusions specified in the standards adopted under s. SPS 340.40.

(5) Retroactivity.

(a) The design, construction and installation rules of this chapter, including the applied criteria from the standards adopted in s. SPS 340.40, do not apply retroactively to gas systems or components existing prior to September 1, 2011, unless specifically stated in the rule or standard.

(b) The operation, testing, maintenance and inspection requirements of this chapter apply to all gas systems that exist on or after September 1, 2011.

(c) The design, construction and installation requirements of this chapter apply to any alterations, repairs, and replacement parts or components for any gas system that exists on or after September 1, 2011.

Note: A proposed alteration for an existing system may necessitate modifying other components of the system in order to make the proposed alteration comply with this chapter — and some alterations may necessitate modifying other features of a building, such as an automatic fire sprinkler system, that must comply with requirements in chapters SPS 361 to 366, the Wisconsin Commercial Building Code.

(6) Differing rules.

(a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern.

(b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).

(c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).

(7) Interpretations. Under s. 101.02 (1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.

Note: Section 101.02 (1) of the Statutes reads as follows: “The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.”

(8) First class cities. All references in this chapter to submitting documentation to or having inspections performed by a first class city apply only to gas systems within that city.

Note: The scope of some of the standards that are adopted by reference in subchapter IV are broader than the scope of this chapter. For example, NFPA® 52 contains requirements for liquefied natural gas and compressed natural gas engine fuel systems on vehicles. Any requirements which are beyond the scope of this chapter cannot be enforced under this chapter, but may be adopted by local ordinances. Those ordinances may be adopted under statutory authority that is separate from the Department’s statutory authority.

Note: Chapters SPS 361 to 366 contain the Department’s requirements for fuel gas systems that are beyond the scope of this chapter and within public buildings and places of employment. Chapters SPS 320 to 325 contain requirements for fuel gas systems that are beyond the scope of this chapter and for one- and 2-family dwellings.

Note: See chapter SPS 310 for the Department’s requirements relating to storage, dispensing, handling and use of flammable, combustible or hazardous liquids. Those liquids are defined in that chapter in a manner which differentiates them from the substances regulated by this chapter. See chapter SPS 314 for requirements relating to fire prevention. See chapter SPS 341 for requirements relating to pressure vessels for gaseous or liquid hydrogen that is not used to fuel heating appliances, industrial processes or engines. See chapter SPS 345 for requirements relating to gasses that are used in mechanical refrigeration systems.

History: CR 11-002: cr. Register August 2011 No. 668, eff. 9-1-11; correction in (3), (4), (5) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 340.12 Local requirements. This chapter does not limit the power of cities, villages and towns to make or enforce additional or more stringent requirements, provided the requirements do not conflict with this chapter, any other rule of the department, or law.

History: CR 11-002: cr. Register August 2011 No. 668, eff. 9-1-11.

Subchapter II — Definitions

SPS 340.20 Definitions. In this chapter:

(1) “Alteration” means a change in a gas system that involves an extension or addition for, or involves the arrangement, type or purpose of, the existing installation or component.

(2) “Approved” means acceptable to the department.

Note: The Department will ordinarily accept items approved by a nationally recognized testing laboratory.

(3) “Certified inspector” means an individual who holds a valid credential issued by the department as a certified boiler-pressure vessel inspector.

(4) “Container” means a vessel such as a tank, cylinder, bottle or drum used for storing of a gas or liquid.

(5) “Department” means the department of safety and professional services.

(6) “First class city” means a city of the first class, as established under s. 62.05, Stats.

Note: As of September 1, 2011, only the City of Milwaukee had become a first class city.

(7) “Gas systems” means assemblies for storing, conveying, or dispensing the gases regulated by this chapter.

(8) “Liquefied petroleum gas” has the meaning given in s. 101.16 (1) (b), Stats.

Note: Section 101.16 (1) (b) of the Statutes reads as follows: “ ‘Liquefied petroleum gas’ means any material which is composed predominantly of, or any mixtures of, any of the following hydrocarbons including their isomers:

1. Propane.

2. Propylene.

3. Butane.

4. Butylene.”

(9) “Pressure vessel” means a container for the containment of pressure, either internal or external. This pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.

(10) “Repair” means the restoration of any portion or component of a gas system to a safe operating condition.

(11) “Vehicle-fuel dispensing system” means all the pumps, meters, piping, hose and controls used for the delivery of fuel to, and the removal of vapor from, a vehicle.

History: CR 11-002: cr. Register August 2011 No. 668, eff. 9-1-11; correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.

Subchapter III — Administration and Enforcement

SPS 340.30 Plan examination and approval.

(1) Plan approval before construction. Plan approval shall be obtained from the department or a first class city before commencing construction, installation or alteration for any system described in Table 340.30.

Table 340.30

Plan Approval Required

- See PDF for table

Note: The 400 and 39.7 thresholds in this Table are based on the definitions in NFPA 52 for bulk hydrogen systems.

(2) Plans, specifications and information. Plans, specifications and information shall be submitted to the department or a first class city for review and approval, and shall contain all of the following:

(a) At least 4 sets of plans, which are clear, legible and permanent copies; 2 copies of applicable specifications; a completed application form; and the required fees.

(b) The name of the owner; the name of the person, firm or corporation proposing the construction or installation, if other than the owner; and the address of the facility, including the names of adjacent streets and highways.

(c) A plot plan, drawn to a minimum scale of one inch equals 20 feet, indicating the location of the facility or installation with respect to property lines, lot lines, adjoining streets or alleys and other buildings on the same lot or property. The layout of buildings, containers, loading and unloading docks, type of construction of each building and any stream or body of water within 150 feet of the containers shall also be indicated.

(d) The type of container heads; container diameter and length; and the location and capacity of each system and container.

(e) The type of container supports; foundation drawings with dimensions and clearances; piping schematic indicating pipe materials, valves and fittings; surface area calculations of tank; type of venting and pressure relief used; pressure relief valve manufacturer, model number, set pressure and capacity; and combined capacity of all venting and relief valves on each container.

(f) If the plans are for gas systems service stations involving the use of key-, card- or code-operated dispensing units, the location of emergency controls and the location and details of the key-, card- or code-operated dispensing devices.

(3) Additional approval. Approval of plans is based upon compliance with the requirements of this chapter. Construction, installation and operation of gas systems may be subject to compliance with additional requirements in applicable codes, local zoning and similar ordinances.

(4) Application for approval. Application for approval of a gas system installation shall be made in writing on form SBD-6038.

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.

(5) Application 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.

(6) Expiration of plan approval.

(a) Plan approval by the department or the first class city shall expire one year after the approval date shown on the approved plans.

(b) The expiration date in par. (a) may be extended by the department or the first class city for no more than 18 months beyond the approval date shown on the approved plans, and only in writing, provided a written request is submitted prior to the expiration.

Note: The Department sends copies of its plan approvals and extensions under this chapter to the local fire department.

History: CR 11-002: cr. Register August 2011 No. 668, eff. 9-1-11; correction in (1), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 340.31 Certificate of installation.

(1) Every person, firm, association or corporation installing a gas system shall complete a certificate of installation form, SBD-9656-E. The form shall be completed at the time of installation and shall be provided to the owner of the system. A copy of the form shall be kept at the installation site and available for review by an authorized representative of the department or the first class city. A copy of the form shall be submitted to the local fire department within 10 business days of the installation, except as provided in sub. (2).

(2) Submitting form SBD-9656-E to the fire department is not required for liquefied petroleum gas installations that are exempt from plan approval under s. SPS 340.30.

History: CR 11-002: cr. Register August 2011 No. 668, eff. 9-1-11; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 340.32 Revisions, alterations and piping upgrades.

(1) Plan revisions.

(a) The changes specified in par. (b) to approved plans for gas systems, that are made before commencement of system operation, shall be submitted for review and approval as a revision. Revised plans submitted to the department for review shall include the department plan number for the original plans.

(b) Plans shall be submitted to the department or a first class city for review and approval of any changes in tank location or capacity, piping arrangement or material, safety setback clearance, point of transfer location, design of indoor fueling operation, and gas detection or monitoring equipment location.

(2) Alterations and piping upgrades.

(a) Alterations to gas systems after commencement of system operation shall comply with the requirements for plan approval in s. SPS 340.30, the certificate of installation in s. SPS 340.31 and the inspection in s. SPS 340.34.

(b) Piping upgrades shall be inspected by the department or the first class city prior to the start of fabrication.

History: CR 11-002: cr. Register August 2011 No. 668, eff. 9-1-11; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 340.33 Revocation of approval. The department or the first class city may revoke any approval issued under this chapter for any false statements or misrepresentation of facts upon which the approval was based.

History: CR 11-002: cr. Register August 2011 No. 668, eff. 9-1-11.

SPS 340.34 Enforcement and inspections.