Wisconsin Legislature: SPS 340.11(1)(b)5.

SPS 340.50 Scope.

SPS 340.51 Design, construction, installation, operation and maintenance of liquefied petroleum gas systems.

SPS 340.52 Amendments to NFPA standards.

SPS 340.53 Fuel supply tanks for liquefied petroleum cargo tank trucks.

Subchapter VI — Liquefied Natural Gas Systems

SPS 340.60 Scope.

SPS 340.61 Design, construction, installation, operation and maintenance of liquefied natural gas systems.

Subchapter VII — Compressed Natural Gas Systems

SPS 340.70 Scope.

SPS 340.71 Design, construction, installation, operation and maintenance of compressed natural gas systems.

Subchapter VIII — Gaseous Hydrogen Systems

SPS 340.80 Scope.

SPS 340.81 Design, construction, installation, operation and maintenance of gaseous hydrogen systems.

Subchapter IX — Liquefied Hydrogen Systems

SPS 340.90 Scope.

SPS 340.91 Design, construction, installation, operation and maintenance of liquefied hydrogen systems.

Note: Chapters Comm 11, 12 and 13 as they existed on October 31, 1999 were repealed and a new chapter Comm 40 was created effective November 1, 1999; Chapter Comm 40 was repealed and recreated, Register August 2011 No. 668, eff. 9-1-11. Chapter Comm 40 was renumbered chapter SPS 340 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

Subchapter I — Purpose, Scope and Application

SPS 340.10 Purpose. This chapter establishes minimum safeguards for fuel gas systems.

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

SPS 340.11 Scope and application.

(1) General.

(a) This chapter applies to the design, construction, installation, inspection, operation, testing, maintenance, repair and alteration of gas systems for fueling purposes, such as for heating appliances or engines.

(b) All of the following gases are regulated by this chapter:

1. Liquefied petroleum gas.

2. Liquefied natural gas.

3. Compressed natural gas.

4. Gaseous hydrogen.

5. Liquefied hydrogen.

(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.