CR 17-034 Rule Text

The rules were posted on the Department of Safety and Professional Services’ website for 14 days in order to solicit comments from businesses, representative associations, local governmental units, and individuals that may be affected by the rules.

Comments were received from 17 individuals indicating that, although the rules revise the requirement to annually inspect a fireworks manufacturing plant to require an inspection at least once every 3 years, the fees associated with inspections will have a negative impact on hobbyist fireworks manufacturers licensed by the department. These comments were taken into consideration in the department’s analysis of the economic impact of the rules.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis document is attached.

Effect on small business:

These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received at or before the public hearing to be held at 9:00 a.m. on June 6, 2017, to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1.   SPS 307.20 (15m) and (17m) are created to read:

  SPS 307.20 (15m) "GPS" means the Global Positioning System.

  (17m) "Municipality" means a city, village, or town in this state.

Section 2.   SPS 307.20 (21) is amended to read:

  SPS 307.20 (21) "Unreasonable annoyance" means an excessive, repeated noise, action, or other disturbance caused by use of explosive materials that is not justified by reason in compliance with the standards under this chapter.

Section 3.   SPS 307.21 and (Note) are amended to read:

  SPS 307.21  Adoption of standards. NFPA 495, Explosive Materials Code, 2006 2013, subject to the modifications specified in this chapter, is hereby incorporated by reference into this chapter.

  Note: A copy of NFPA 495, Explosive Materials Code is on file in the offices of the department and the legislative reference bureau. Copies of NFPA 495, Explosive Materials Code, may be purchased from the National Fire Protection Association, 1 Batterymarch Park, Box 9101, Quincy, MA, 02269-9101 02169-7471.

Section 4.   SPS 307.31 (2) (intro.) and (a) are amended to read:

  SPS 307.31 (2) (intro.) These are department rules in addition to the requirements in NFPA 495 section 10.1.3 4:

  (a) Blaster requirements. When blasting operations are conducted in communities a municipality, the shots shall be designed and initiated by a properly licensed Class 5, 6, or 7 blaster.

Section 5.   SPS 307.31 (2) (b) is renumbered SPS 307.31 (2) (b) 1. and amended to read:

  SPS 307.31 (2) (b) Notifications. 1. Any person conducting blasting operations in a community municipality at a location other than a mine, pit, or quarry shall notify the department, the local fire department, and the local law enforcement agency of the first date on which blasting is scheduled and the location of the blasting operation. Notification to the department shall be made on forms provided by the department and occur at least 10 days prior to the first date on which blasting is scheduled. Unless notification of subsequent blasting is requested by the local fire department or local law enforcement agency or required by municipal ordinance, only one initial notice is required under this subdivision.

Section 6.   SPS 307.31 (2) (b) 2. is created to read:

  SPS 307.31 (2) (b) 2. Each calendar year before annual blasting begins at a mine, pit, or quarry located in a municipality, the person conducting blasting operations shall notify the department that blasting is about to begin. Notification shall be made on forms provided by the department and occur at least 10 days prior to the date on which blasting is scheduled to begin. Unless notification of annual or subsequent blasting is requested by the local fire department or local law enforcement agency or required by municipal ordinance, only one initial notice to the department each calendar year is required under this subdivision.

Section 7.   SPS 307.31 (2) (b) (Note) and (4) (c) 2. are amended to read:

  SPS 307.31 (2) (b) (Note) Copies of the A notice of blasting in a community (form SBD-7336) are form is available from the department’s Division of Industry Services at P.O. Box 2658 7302, Madison, WI 53701-2658 53707-7302; by email at [e-mail]; or at by telephone at [phone] 266-2112, or [phone], or 411 (Telecommunications Relay); or at the Division's Web site division’s website at http://dsps.wi.gov/programs/industry-services.

  (4) (c) 2. Specific blast location, including GPS location or latitude and longitude coordinates, address, and bench and station number if applicable.

Section 8.   SPS 307.41 (1) is renumbered SPS 307.41 (1) (a) and amended to read:

  SPS 307.41 (1) Preblasting survey. (a) At least 24 hours prior to initial blasting at a blast site, the blaster in charge shall make a reasonable effort to notify in writing or verbally all residents or owners of affected dwellings or other structures, as determined under sub. (2), that a blasting operation is to begin. The blaster in charge shall offer to perform a preblasting survey for the residents or owners. If a resident or owner requests a copy of the preblasting survey, the blaster in charge shall provide a copy for not more than the actual cost of the copy within 48 hours of the request. Except as provided under pars. (b) and (c), only one initial preblasting survey is required for a blast site.

Section 9.   SPS 307.41 (1) (b) and (c) are created to read:

  SPS 307.41 (1) (b) The blaster in charge shall offer to perform a preblasting survey for the residents or owners of any dwelling or other structure that becomes an affected dwelling or other structure, as determined under sub. (2), after the initial preblasting survey under par. (a) is performed.

  (c) The blaster in charge shall offer to perform a preblasting survey for the residents or owners of an affected dwelling or other structure, as determined under sub. (2), constructed or renovated after the initial preblasting survey under par. (a) is performed.

Section 10.   SPS 307.43 (1) and (2) are amended to read:

  SPS 307.43 (1) Seismic frequency range: 2 to 200 Hz, (± plus or minus 3 Hz).

  (2) Acoustic frequency range: 2 to 200 Hz dB, (± plus or minus 1 Hz ) dB.

Section 11.   SPS 307.43 (2) (Note) is repealed.

Section 12.   SPS 307.44 (4) (d) is repealed.

Section 13.   SPS 307.44 (5) and (Note) are created to read:

  SPS 307.44 (5) Reporting adverse effects. The blaster in charge shall report to the department any flyrock, airblast, or ground vibration that does not meet the requirements under this section.

  Note: Adverse effects may be reported to the department by telephone at [phone] or by email to [e-mail].

Section 14.   SPS 307.51 (3) is amended to read:

  SPS 307.51 (3) Periodic inspections. The department or the department's designated deputy shall, inspect a fireworks manufacturing plant at least once a year every 3 years, conduct a safety inspection of a permanent explosive materials storage facility located on the premises on which each person licensed under this chapter manufactures fireworks. Fees for an inspection under this subsection shall be assessed as specified in s. SPS 302.18 (2).

Section 15.   SPS 308.05 (Note 1) and (Note 2) are amended to read:

  SPS 308.05 (Note 1) Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that 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.

  (Note 2) Form SBD-9890 The petition for variance form is available from the Department's department’s Division of Industry Services at P.O. Box 7162, Madison, WI 53707-7162; by email at [e-mail]; or at by telephone [phone] or 877/617-1565 at [phone], [phone], or 411 (Telecommunications Relay); or at the Division's Web site division’s website at http://dsps.wi.gov/programs/industry-services.

Section 16.   SPS 308.10 is amended to read:

  SPS 308.10 Notification to begin crushing operation. Each calendar year before crushing work is commenced in a mine, pit, or quarry, the owner of the mine, pit, or quarry or other person responsible for the crushing work shall notify the department that work is about to begin. The notification shall be made to the department at least 10 days prior to the beginning of crushing work in each mine, pit, or quarry. Only one initial notice is required for a mine, pit, or quarry where crushing work is performed on an intermittent basis during the calendar year.

Section 17.   SPS 308.10 (Note 1) is repealed.

Section 18.   SPS 308.10 (Note 2) is amended to read:

  (Note 2) Notification may be made on form SBD-6736, Notice to Begin Operation, which A notification form is available from the Department's department’s Division of Industry Services at P.O. Box 7162 7302, Madison, WI 53707-7162 7302; by email at [e-mail]; or at by telephone [phone] or 877/617-1565 at [phone], [phone], or 411 (Telecommunications Relay); or at the Division's Web site division’s website at http://dsps.wi.gov/programs/industry-services. Notification may also be provided by email to [e-mail].

Section 19.   SPS 308.12 (2) and (Note) are amended to read:

  SPS 308.12 (2) Application for permit. Application for a shaft excavation permit shall be made on form SBD-52 forms provided by the department together with the payment of the permit fee.

  (Note) Form SBD-52, Mine Shaft Excavation Permit Application, The mine shaft excavation permit application is available from the Department's Division of Industry Services at P.O. Box 7302, Madison, WI 53707-7302; by email at [e-mail]; or at by telephone [phone] or 877/617-1565 at [phone], [phone], or 411 (Telecommunications Relay); or at the Division's Web site division’s website at http://dsps.wi.gov/programs/industry-services.

Section 20. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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