Wisconsin Legislature: SPS 318.1011(8)

(a) Each conveyance shall be assigned an inspection anniversary date by the department or agent municipality.

(b) A permit to operate shall be valid for one year from the assigned inspection anniversary date.

(5) Permit renewal.

(a)

1. The renewal of a permit to operate shall be contingent upon one or more inspections that determine that a conveyance is in compliance with this chapter and any preceding design, construction, and installation requirements of this chapter that were in effect during construction or installation of the conveyance.

2. The inspection or inspections under subd. 1. shall be conducted no sooner than 120 days prior to the expiration of the permit to operate.

3. The owner of an existing conveyance for which a permit to operate was issued by the department or agent municipality may have the inspection or inspections for the renewal of the permit conducted by one of the following:

a. The department.

b. An agent municipality.

c. An independent licensed elevator inspector.

d. A licensed elevator inspector who is referred to as enforcing this chapter, in a written contract between the inspection provider and the department.

4. If an independent licensed elevator inspector conducts the inspection or inspections under subd. 1, the renewal of the permit by the department or agent municipality shall be contingent upon receipt of a report under sub. (8) and the recommendation to issue the permit to operate.

(b) The inspection to renew a permit to operate shall include at least all of either of the following:

1. For elevators, escalators, moving walks, dumbwaiters, and material lifts, the items listed in ASME A17.1 sections 8.6 and 8.11.2 to 8.11.5, as modified by this chapter and depending upon the type of conveyance.

2. For platform lifts and stairway chairlifts, the items listed in ASME A18.1 sections 10.2.2, 10.3.1.1 to 10.3.1.7, and 10.3.3.4, as modified by this chapter and depending upon the type of conveyance.

(6) Alteration inspections. The alteration of a conveyance requiring plan approval as specified under s. SPS 318.1007 shall be inspected by one of the following before placing the conveyance back into service:

(a) The department.

(b) An agent municipality.

(c) A licensed elevator inspector who is referred to as enforcing this chapter, in a written contract between the inspection provider and the department.

Note: Under section 101.983 (2) (e) and (3) of the Statutes, alterations, repairs, and replacements of components for an elevator or dumbwaiter that serves a dwelling unit — short of a complete replacement of the conveyance — are not required to have plan approvals, or acceptance inspections corresponding to such approvals.

(7) Preparations for department inspection.

(a) Notice of inspection. Where the installation or alteration inspection is to be conducted by the department or agent municipality for a conveyance which has received an approval under s. SPS 318.1007, the installation contractor or the owner or owner’s agent shall notify the department or agent municipality at least 5 business days in advance of when all work will be completed and the conveyance will be ready for inspection. If the equipment is not complete and ready for inspection at the scheduled time, all of the following may occur:

1. The inspection may be cancelled.

2. A cancellation fee may be assessed in accordance with ch. SPS 302.

3. The inspection may be rescheduled.

Note: All notifications under this paragraph should occur only with the consent of the installing contractor, in order to avoid the penalties in subdivisions 1. to 3.

(b) Arrangements. The owner or owner’s agent shall make arrangements to enable the department or agent municipality to inspect all parts of the conveyance and any related equipment during the scheduled time.

(bm) Elevator mechanic. The installation contractor or the owner or owner’s agent shall make arrangements to ensure that a licensed elevator mechanic or a licensed elevator mechanic-restricted is present for the inspection of the conveyance or related equipment during the entire inspection.

(c) Cancellation. Where a scheduled inspection is to be cancelled, the owner or owner’s agent of a conveyance shall notify the department or agent municipality at least 2 business days before the scheduled time. Failure to do so may result in a cancellation fee assessed in accordance with ch. SPS 302.

(8) Inspection report. Where an inspection specified in sub. (2), (5), or (6) is performed by someone other than an a licensed elevator inspector of the department or an agent municipality, the licensed elevator inspector shall file an inspection report with the department in accordance with all of the following:

(a) Reports shall be sent to the department in accordance with the department’s electronic data interchange transfer guidelines, except as provided in par. (b), within 5 business days after completing the inspection unless additional time is authorized by the department.

(b) An approved form may be used in lieu of the electronic data interchange system where approved in advance by the department.

Note: Forms required under this chapter are available on the department’s website at https://dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 7302, Madison, Wisconsin 53708, or call (608) 266-2112.

(c)

1. The inspection report shall explain any violation or unsafe condition, with references to specific code sections and the nature of the deficiency.

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:

a. The owner or owner’s agent shall take the conveyance out of service.

b. The licensed elevator inspector shall notify the department.

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.

3. The licensed elevator inspector shall provide the owner or owner’s agent with a copy of the inspection report within 5 business days of the inspection.

(d) The inspection report shall be legible and complete.

(9) Independent licensed elevator inspector procedures. Where inspections are provided by an independent licensed elevator inspector, all of the following requirements apply:

(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.

(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.

(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.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14; CR 19-118: r. (3), cr. (7) (bm), am. (8) (intro.), (c) 2. b., 3. Register May 2020 No. 773, eff. 6-1-20.

SPS 318.1012 Agent municipalities.

(1) Designation.

(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.

(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.

(2) Conditions of agent designation.

(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:

1. Employ or contract with licensed elevator inspectors to perform plan review and inspection functions.

2. Forward to the department any information requested by the department relative to the examination of plans and inspections of conveyances.

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.

(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.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.

SPS 318.1013 Accident reporting.

(1)

(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).

(b)

1. Any fatality under par. (a) shall be reported to the department or agent municipality within 24 hours of the fatality.

2. For the purposes of this section, the agent municipality is the entity that issued the permit to operate for the conveyance.

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.

(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 injury or property damage, or as provided in sub. (4).

(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).

(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.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14; CR 19-118: am. (2) Register May 2020 No. 773, eff. 6-1-20.

SPS 318.1014 Petition 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.

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.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.

SPS 318.1015 Enforcement. 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.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.

SPS 318.1016 Appeals.

(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.

(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.

(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.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14; CR 19-118: r. (4) Register May 2020 No. 773, eff. 6-1-20.

SPS 318.1017 Penalties. Penalties for violations of this chapter are subject to and may be assessed in accordance with s. 101.988 (3), Stats.

History: CR 14-020: cr. Register August 2014 No. 704, eff. 9-1-14.

SPS 318.1018 Investigations initiated by public.

(1) Verification of receipt. The department shall provide verification of receipt for any notice filed in accordance with s. 101.988 (1) (b), Stats. The department shall provide electronic verification of receipt of a web-based complaint form within 5 days of submission.

Note: Generally, the department provides verification of receipt within 60 days, unless submitted using the web-based complaint form. The web-based complaint form is available at https://dsps.wi.gov.

(2) Reasonable grounds to investigate. The department shall provide electronic notice, or other notice as appropriate, to the person who filed the written notice of whether the department has determined that there are reasonable grounds to investigate within 45 days of making this determination.

(3) Investigation concluded. The department shall provide electronic notice, or other notice as appropriate, to the person who filed the written notice within 30 days after the conclusion of the resulting investigation.

History: CR 19-118: cr. Register May 2020 No. 773, eff. 6-1-20.

Subchapter IV — Changes, Additions, or Omissions
to ASME A17.1