Ch. SPS 307 Note
Note: Chapter Ind 5 as it existed on April 30, 1985 was repealed and a new chapter ILHR 7 was created effective May 1, 1985. Chapter ILHR 7 was renumbered ch. Comm 7 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, October, 1996, No. 490;
CR 06-120: r. and recr. Comm. 7,
Register February 2008 No. 626, eff. 3-1-08. Chapter Comm 7 was renumbered chapter SPS 307 under s. 13.92 (4) (b) 1., Stats.,
Register December 2011 No. 672.
SPS 307.01(1)
(1)
Explosives. Pursuant to s.
101.15 (2) (e), Stats., the purpose of this chapter is to establish standards for the use of explosive materials.
SPS 307.01(2)
(2) Fireworks. Pursuant to s.
167.10 (6m), Stats., the purpose of this chapter is to establish licensing procedures for the manufacture of fireworks.
SPS 307.01 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08.
SPS 307.02(1)
(1)
Explosives. The provisions of this chapter establish uniform limits on permissible levels of blasting resultants relating to the use of explosive materials.
SPS 307.02 Note
Note: See ch.
SPS 305 for rules pertaining to the licensing of blasters. See ch.
SPS 314 for rules pertaining to general safety and fire prevention related to the storage, handling of explosive materials. See chs.
SPS 361 to
366 for rules pertaining to the design and construction of buildings related to the storage of explosive materials.
SPS 307.02(2)
(2) Fireworks. The provisions of this chapter establish licensing and inspection standards relating to the manufacture of fireworks.
SPS 307.02 Note
Note: See s.
167.10, Stats., and ch.
SPS 314 for requirements pertaining to the manufacture, sale, storage and handling of fireworks.
SPS 307.02 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08.
SPS 307.03
SPS 307.03 Fees. Fees for safety inspections and petitions for variance shall be submitted as specified in
ch. SPS 302.
SPS 307.03 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 307.06
SPS 307.06 Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with
ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.
SPS 307.06 Note
Note: 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.
SPS 307.06 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 307.10(1)
(1)
Explosives. Penalties for violation of any provision in this chapter relating to explosives shall be assessed in accordance with s.
101.02 (12) and
(13), Stats.
SPS 307.10 Note
Note: Section
101.02 (13) (a), Stats., indicates penalties will be assessed against any employer, employee, owner or other person who fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the department, for which no penalty has been specifically provided, or who fails, neglects or refuses to comply with any lawful order made by the department, or any judgment or decree made by any court in connection with ss.
101.01 to
101.599, Stats. For each such violation, failure or refusal, such employee, owner or other person must forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each violation.
SPS 307.10 Note
Note: Section
101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order.
SPS 307.10(2)
(2) Fireworks. Pursuant to s.
167.10 (9) (g), Stats., a person who violates any provision of this chapter relating to fireworks may be fined not more than $10,000 or imprisoned not more than 10 years or both.
SPS 307.10 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08.
SPS 307.20
SPS 307.20 Definitions. In this chapter:
SPS 307.20(1)
(1) “Airblast" means an airborne shock wave resulting from the detonation of explosives.
SPS 307.20(2)
(2) “Barrier" means a material object that separates, keeps apart, or demarcates in a conspicuous manner such as cones, a warning sign, or tape.
SPS 307.20(3)
(3) “Blast area" means the area of a blast within the influence of flying rock, missiles, gases, and concussion as determined by the blaster in charge.
SPS 307.20(4)
(4) “Blast site" means the area where explosive material is handled during loading of blastholes, including 50 feet in all directions from the perimeter formed by the loaded holes. A minimum of 30 feet may replace the 50-foot requirement if the perimeter of loaded holes is marked and separated from non-blast site areas by a barrier. The 50-foot or 30-foot distance requirements, as applicable, apply in all directions along the full depth of the blasthole. In underground mines, at least 15 feet of a solid rib, pillar, or broken rock may be substituted for the 50 foot distance.
SPS 307.20(5)
(5) “Blaster" means any individual holding a valid blaster's license issued by the department.
SPS 307.20(6)
(6) “Blaster in charge" means that qualified person in charge of, and responsible for, the loading and firing of a blast.
SPS 307.20(7)
(7) “Blasting" means any method of loosening, moving or shattering masses of solid matter by use of an explosive.
SPS 307.20(8)
(8) “Blasting operation" means any operation, enterprise or activity involving the use of blasting.
SPS 307.20(9)
(9) “Blasting resultants" means the physical manifestations of forces released by blasting, including but not limited to projectile matter, vibration and concussion, which might cause injury, damage or unreasonable annoyance to persons or property located outside the controlled blasting site area.
SPS 307.20(10)
(10) “Controlled blasting site area" means the area that surrounds a blast site and that meets one of the following conditions:
SPS 307.20(10)(b)
(b) With respect to which, because of property ownership, an employment relationship or an agreement with the property owner, the operator can take reasonably adequate measures to exclude or to assure the safety of persons and property.
SPS 307.20(11)
(11) “Department" means the department of safety and professional services.
SPS 307.20(12)
(12) “Explosive" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion unless the compound, mixture or device is otherwise classified by the department by rule.
SPS 307.20(13)
(13) “Explosive materials" means explosives, blasting agents and detonators. The term includes, but is not limited to, dynamite and other high explosives, slurries, emulsions, water gels, blasting agents, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters.
SPS 307.20 Note
Note: Section
167.10 (6m) (a), Stats., states that a person must have a fireworks manufacturing license in order to manufacture fireworks or a device listed under s.
167.10 (1) (e),
(f) or
(i) to
(n), Stats.
SPS 307.20 Note
Note: Under s.
167.10 (1) (intro.), Stats., “fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use. Section
167.10 (1) (e),
(f) and
(i) to
(n), Stats., reads as follows:
SPS 307.20 NoteSection
167.10 (1) (e) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.
SPS 307.20 Note
(f) A toy snake which contains no mercury.
SPS 307.20 Note
(i) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.
SPS 307.20 Note
(j) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
SPS 307.20 Note
(k) A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive mixture.
SPS 307.20 Note
(L) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.
SPS 307.20 Note
(m) A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in
49 CFR 173.50.
SPS 307.20 Note
(n) A cone fountain that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in
49 CFR 173.50.
SPS 307.20(15)
(15) “Flyrock" means rock that is propelled through the air from a blast.
SPS 307.20(16)
(16) “Ground vibration" means a shaking of the ground caused by the elastic wave emanating from a blast.
SPS 307.20(17)
(17) “Inhabited building" means a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosive materials.
SPS 307.20(17m)
(17m) “Municipality" means a city, village, or town in this state.
SPS 307.20(18)
(18) “Operator" means the person who is responsible for the operation at a mine, pit, quarry, or construction site where blasting activity occurs.
SPS 307.20(19)
(19) “Particle velocity" means any measure of ground vibration describing the velocity at which a particle of ground vibrates when excited by a seismic wave.
SPS 307.20(20)
(20) “Person" means any individual, corporation, company, association, firm, partnership, society or joint stock company.
SPS 307.20(21)
(21) “Unreasonable annoyance" means an excessive, repeated noise, action, or other disturbance caused by use of explosive materials that is not in compliance with the standards under this chapter.
SPS 307.20 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08; correction in (11) made under s.
13.92 (4) (b) 6., Stats.,
Register December 2011 No. 672;
CR 17-034: cr. (15m), (17m), am. (21), Register March 2018 No. 747 eff. 4-1-18.
SPS 307.21
SPS 307.21 Adoption of standards. NFPA 495, Explosive Materials Code, 2013, subject to the modifications specified in this chapter, is hereby incorporated by reference into this chapter.
SPS 307.21 Note
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, Quincy, MA, 02169-7471.
SPS 307.30
SPS 307.30 General. The use of explosive materials for blasting shall be executed in accordance with NFPA 495 chapter 10.
SPS 307.30 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08.
SPS 307.31
SPS 307.31 Changes, additions or omissions to NFPA 495. SPS 307.31(1)(1) Changes, additions or omissions to NFPA 495 chapter 10 are specified in this subchapter and are rules of the department and are not requirements of the NFPA 495 standard.
SPS 307.31(2)
(2) These are department rules in addition to the requirements in NFP A 495 section 10.1.4:
SPS 307.31(2)(a)
(a)
Blaster requirements. When blasting operations are conducted in a municipality, the shots shall be designed and initiated by a properly licensed Class 5, 6, or 7 blaster.
SPS 307.31 Note
Note: See ch.
SPS 305 for blaster license requirements and classifications.
SPS 307.31(2)(b)1.1. Any person conducting blasting operations in a municipality at a location other than a mine, pit, or quarry shall notify the department, local fire department, and local law enforcement agency of the first date on which blasting is scheduled and the location of the blasting operation. Notification 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.
SPS 307.31(2)(b)2.
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.
SPS 307.31 Note
Note: A notice of blasting form is available from the department's Division of Industry Services at P.O. Box 7302, Madison, WI 53707-7302; by email at
dsps@wisconsin.gov; by telephone at (608) 266-2112, (877) 617-1565, or 411 (Telecommunications Relay); or at the division's website at
http://dsps.wi.gov/programs/industry-services.
SPS 307.31(3)
(3) These are department rules in addition to the requirements in NFPA 495 section 10.2:
SPS 307.31(3)(a)
(a) Explosive materials used in underground blasting shall be fume class 1; however, fume class 2 and fume class 3 may be used if adequate ventilation has been provided as determined by the blaster in charge.
SPS 307.31 Note
Note: Fume class 1 explosives produce less than 0.16 cubic feet of poisonous gases per 1-1/4 x 8" cartridge when detonated in the Bichel Gauge.
SPS 307.31(3)(b)
(b) All blast holes in open work shall be stemmed to the collar or to a point which will confine the charge.
SPS 307.31(4)
(4) These are department rules in addition to the requirements in NFPA 495 chapter 10:
SPS 307.31(4)(a)
(a)
Required log. A blasting log shall be required for each blast fired.
SPS 307.31(4)(b)
(b)
Filing and availability. All blasting logs shall be kept on file by the blaster for a minimum period of 3 years, and shall be made available to the department upon request.
SPS 307.31(4)(c)
(c)
Information. Each blasting log shall contain at least all of the following information:
SPS 307.31(4)(c)1.
1. Name, signature and license number of the blaster in charge of the blast.
SPS 307.31(4)(c)2.
2. Specific blast location, including GPS location or latitude and longitude coordinates, address, and bench and station number if applicable.
