SPS 340.32(2)(a)(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.
SPS 340.32(2)(b)
(b) Piping upgrades shall be inspected by the department or the first class city prior to the start of fabrication.
SPS 340.32 History
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
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.
SPS 340.33 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.34
SPS 340.34 Enforcement and inspections. SPS 340.34(1)(a)(a) This chapter shall be enforced by the department and by all local officials or bodies having jurisdiction to approve plans or specifications or issue permits for construction, alterations or installations within the scope of this chapter.
SPS 340.34 Note
Note: Local fire departments have statutory authority to investigate and eliminate any fire hazards relating to the gas systems regulated by this chapter.
Under section
101.14 (2) (a) of the Statutes, “The chief of the fire department in every city, village or town, except cities of the 1st class, is constituted a deputy of the department." Under section
101.14 (1) (b) of the Statutes, “The [department] secretary and any deputy may at all reasonable hours enter into and upon all buildings, premises and public thoroughfares excepting only the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to the fire hazard or to the prevention of fire."
SPS 340.34(1)(b)
(b) Where a first class city administers and enforces this chapter, a regulated item or activity shall be directed to or addressed by the first class city before requesting input from the department.
SPS 340.34 Note
Note: Under section
SPS 340.11 (7), the Department reserves the right to interpret the requirements in this chapter and in all codes and standards adopted herein.
SPS 340.34(2)(a)(a) Gas systems for which plan approval under
s. SPS 340.30 is required shall be inspected by the department or the first class city.
SPS 340.34 Note
Note: Local governmental units may also conduct inspections in addition to those of the Department.
SPS 340.34 Note
Note: See chapter SPS 341 for registration and inspections of gaseous and liquefied hydrogen pressure vessels that are not within the scope of this chapter.
SPS 340.34(2)(b)
(b) The installer shall notify the department district inspector or the first class city where the installation is located at least 5 business days prior to the start of construction to arrange for the inspection.
SPS 340.34 Note
Note: The district inspector is indicated on the conditional approval letter.
SPS 340.34 Note
Note: Gas systems for which plan approval is not required under section
SPS 340.30 may be inspected by local governmental units to verify compliance with this chapter.
SPS 340.34 Note
Note: Upon written request, the Department will provide assistance to local governmental units.
SPS 340.34 History
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 340.35
SPS 340.35 Fees. Fees shall be submitted to the department as specified in
ch. SPS 302. Fees shall be submitted at the time the application for approval is submitted. No plan examinations, approvals or inspections may be made until the fees are received.
SPS 340.35 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.36
SPS 340.36 Appeals. As specified in s.
227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may appeal to the department requesting the adoption, amendment or repeal of the rule.
SPS 340.36 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.37
SPS 340.37 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 a position statement from the fire department having jurisdiction, and from any other local governmental unit having jurisdiction to enforce this chapter under
s. SPS 340.34.
SPS 340.37 Note
Note: Chapter
SPS 303 requires the submittal of a petition for variance form (SBD-9890-X) 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 340.37 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.38 Note
Note: Section
101.02 (13) (a) of the Statutes provides that 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 sections
101.01 to
101.599 of the Statutes. 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 340.38 Note
Note: Section
101.02 (12) of the Statutes provides 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 340.38 Note
Note: Section
101.16 (5) of the Statutes provides that any person, firm, association or corporation who violates s.
101.16, Stats., or any standard, rule or regulation adopted by the Department under that section, or who issues a false installation statement under section
101.16 (4) of the Statutes will be fined not less than $10 nor more than $2000, or imprisoned not less than 30 days nor more than 6 months.
SPS 340.38 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.39
SPS 340.39 Reporting of accidents. If a gas system component fails and causes injuries to any person that require more than first aid treatment, the owner or user shall report in writing on form SBD-10789-E the facts involved to the department within the following 24 hours. The owner or user may not remove or disturb the gas system equipment or any of its components nor permit any such removal or disturbance prior to receiving authorization from the department or first class city, except for the purpose of saving human life or preventing further property damage. This section applies to those gas systems that are required to obtain department plan approval under
s. SPS 340.30.
SPS 340.39 Note
Note: The address for reporting accidents to the Department is the Division of Industry Services, Gas Systems Program, P.O. Box 7302, Madison, WI 53707-7302; and the fax number is 608-283-7420.
SPS 340.39 Note
Note: The Department can be contacted at 262/548-8617 during normal business hours. The State Division of Emergency Management can be contacted at 800/943-0003 during non-business hours.
SPS 340.39 Note
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.
SPS 340.39 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.40
SPS 340.40 Adoption of standards by reference. SPS 340.40(1)(1)
Primary standards. The following standards are hereby incorporated by reference into this chapter, subject to the modifications specified in this chapter:
SPS 340.40(1)(a)
(a) American Petroleum Institute, 1220 L Street Northwest, Washington D.C. 20005:
Design and Construction of Liquefied Petroleum Gas Installations, API standard 2510, 8
th edition, May 2001.
SPS 340.40(1)(b)1.
1. Code for Motor Fuel Dispensing Facilities and Repair Garages, NFPA
® 30A, 2008 edition.
SPS 340.40(1)(b)5.
5. Production, Storage, and Handling of Liquefied Natural Gas (LNG), NFPA
®59A, 2009 edition.
SPS 340.40 Note
Note: Copies of the listed standards are on file in the offices of the Department and the Legislative Reference Bureau. Copies for personal use may be obtained, at a cost, from the organizations listed. Copies of the NFPA standards may also be accessed free of charge at
www.nfpa.org.
SPS 340.40(2)
(2) Secondary references. Any codes or standards referenced in the standards adopted in
sub. (1) shall apply to the prescribed extent of each such reference, except as modified by this chapter.
SPS 340.40(3)
(3) Alternate standards. Any alternate standard that is equivalent to or more stringent than a standard incorporated by reference or otherwise referenced under this chapter may be used in lieu of the incorporated or referenced standard if the alternate standard is accepted in writing by the department.
SPS 340.40 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.41
SPS 340.41 Secondhand pressure vessels. The use of secondhand pressure vessels, having a water capacity in excess of 2,000 gallons, is prohibited, unless all of the following conditions are satisfied:
SPS 340.41(1)
(1) Manufacturer's data report. The original manufacturer's data report is available. If the original manufacturer's data report is unavailable, documentation acceptable to the department or first class city shall be submitted.
SPS 340.41(2)
(2) Alterations and repairs by welding. All alterations and repairs by welding are documented in writing to verify compliance with
ch. SPS 341.
SPS 340.41(3)
(3) Inspections. An inspection of the secondhand pressure vessel has been performed at its new location by a certified inspector.
SPS 340.41 History
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 340.42
SPS 340.42 Vehicle-fuel dispensing systems. All vehicle-fuel dispensing systems shall comply with whichever of the following are applicable:
SPS 340.42(1)
(1) NFPA 30A section 4.3.7.2 and chapter 12, if Class I or Class II liquids are dispensed as motor fuels along with a fuel gas regulated by this chapter.
SPS 340.42(2)
(2) NFPA 52, if liquefied natural gas, compressed natural gas, gaseous hydrogen or liquefied hydrogen are dispensed in the absence of Class I and Class II liquids.
SPS 340.42(3)
(3) NFPA 58, if liquefied petroleum gas is dispensed in the absence of Class I and Class II liquids.
SPS 340.42 Note
Note: Class I and II liquids are classified in NFPA 30A as having a flash point below 140°F.
SPS 340.42 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.43
SPS 340.43 Dispensing to vehicle fuel tanks, recreational equipment and containers. SPS 340.43(1)
(1)
Public self-service prohibited. Self-service dispensing by the general public of any gas regulated by this chapter is prohibited, except trained members of the general public may fuel compressed natural gas motor vehicles through a fueling connection that complies with ANSI NGV1–2006.
SPS 340.43 Note
Note: The ANSI NGV1–2006 standard contains construction and performance criteria for compressed natural gas vehicle fueling connection devices consisting of (1) a receptacle (mounted on the vehicle), (2) a nozzle (mounted on fueling dispenser), and/or (3) a three-way valve (internal or external to the nozzle), having design pressures of 2400, 3000 or 3600 psig. Nozzle design will not permit gas flow until positively engaged to the receptacle and will not release the receptacle until gas flow has ceased and captured gas is safely vented. Intermating components are standardized. Nozzle and receptacle design prevent the fueling of a vehicle with lower service pressure by a dispenser with a higher service pressure.
SPS 340.43(2)
(2) General. No person, except for the following, may dispense any gas regulated by this chapter unless the dispensing is through approved dispensing devices:
SPS 340.43(2)(a)
(a) A trained and authorized employee of a bulk storage plant, container charging plant or service station.
SPS 340.43(2)(b)
(b) A trained and authorized employee of an entity operating a commercial fleet of motor vehicles.
SPS 340.43(3)
(3) Location of key-, card- or code-operated dispensing systems. SPS 340.43(3)(a)(a)
Public areas. Vehicle-fuel dispensing systems may be located in areas accessible or open to the general public only if all of the following requirements are met, except
subd. 3. does not apply to the fueling allowed in
sub. (1):
SPS 340.43(3)(a)1.
1. The system is equipped with key-, card- or code-operated dispensing devices listed or approved by a nationally recognized testing laboratory.
SPS 340.43(3)(a)2.
2. The keys, cards or codes referenced in
subd. 1. are provided only to trained and authorized personnel.
SPS 340.43(3)(b)
(b) Non-public areas. Dispensing of gas is permitted without an attendant only if all of the following requirements are met, except
subd. 1. does not apply to the fueling allowed in
sub. (1):
SPS 340.43(3)(b)1.
1. The dispensing system is located in an area that is not accessible or open to the general public.
SPS 340.43(3)(b)2.
2. The system is equipped with approved key-, card- or code-operated dispensing devices.
SPS 340.43(3)(b)3.
3. The keys, cards or codes referenced in
subd. 2. are provided only to trained and authorized personnel.
SPS 340.43(4)
(4) Posting of signs. A permanent sign providing a 24-hour service-call telephone number in letters at least one inch high shall be posted at the vehicle-fuel dispensing device in all non-attended locations.
SPS 340.43 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.44
SPS 340.44 U.S. department of transportation vessels. Pressure vessels bearing the stamping of the United States department of transportation are not permitted as permanent storage containers, except they may be used either as cylinders for storage of compressed natural gas or gaseous hydrogen, or as replaceable service cylinders.
SPS 340.44 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11.
SPS 340.45
SPS 340.45 Welded repairs and alterations for containers and pressure vessels. Any repair or alteration that includes any welding on ASME containers or pressure vessels or their fittings, settings or appurtenances shall conform to the applicable standards adopted in this chapter and to the requirements for welded repairs and alterations in
ch. SPS 341.
SPS 340.45 Note
Note: See subchapter VI of chapter SPS 341 for the referenced requirements.
SPS 340.45 History
History: CR 11-002: cr.
Register August 2011 No. 668, eff. 9-1-11; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 340.50(1)
(1)
Application. This subchapter applies to the storage, handling and use of liquefied petroleum gas, and to the transportation of liquefied petroleum gas by tank truck or tank trailer.
