Wisconsin Legislature: SPS 305.20(2)(a)

6. If a review is granted, the person requesting the review shall be provided an opportunity to meet with the administrator or designee to present statements and documents regarding the contested notice of administrative forfeiture and the grounds for the assessment.

7. If a review is granted, the division shall provide technical expertise to represent the department’s position.

(7) Administrator review.

(a) The administrator shall issue a written decision within 30 days following a review under sub. (6) (c) 5.

(b) The written decision from the administrator shall include information about appeal rights and procedures if the decision is to deny overturning the assessment of administrative forfeiture and the grounds for assessment.

(8) Secretary review.

(a) A person adversely affected by the decision of the administrator under sub. (7) may request a hearing by the secretary to review an assessment of administrative forfeiture and the grounds for assessment in accordance with all of the following procedures:

1. A request for a hearing shall be made in writing to the secretary.

2. A request for a hearing shall include a statement of the specific reasons why the person believes the forfeiture assessment and the grounds for assessment should be overturned.

3. A request for a hearing shall be denied if the request is received more than 30 days after issuance of the decision by the administrator under sub. (7).

(b) A hearing held by the secretary or designee to review the decision of the administrator on an administrative forfeiture shall be a contested case hearing. The hearing and the decision issued after the hearing shall be governed by the provisions under ch. 227, Stats.

History: CR 10-039: renum. from Comm 5.12 (2) to (8) and am. (1) (a), cr. (3) Register November 2010 No. 659, eff. 12-1-10; corrections in (5) (a), (6) (a) (intro.), (7) (a), (8) (a) (intro.) and 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; CR 10-090: cr. (3m) Register January 2010 No. 661, eff. 2-1-11; correction in (1) (g) (intro.), (h) (intro.), (3) (c) (intro.), (3m) (a), (b) (intro.), (c) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 12-007: r. (3m) Register July 2012 No. 679, eff 8-1-12; correction in (6) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register September 2013 No. 693; CR 14-010: r. (3) (a) 1. Register August 2014 No. 704, eff. 9-1-14; CR 19-118: r. (3) Register May 2020 No. 773, eff. 6-1-20; CR 23-006: am. (1) (h) (intro.) Register September 2023 No. 813, eff. 10-1-23.

Subchapter II — Blasting and Fireworks

SPS 305.20 Blasters.

(1) General.

(a) No person may prepare explosive charges or conduct blasting operations unless the person complies with one of the following conditions:

1. Holds a license issued by the department as a licensed class 1 blaster, licensed class 2 blaster, licensed class 3 blaster, licensed class 4 blaster, licensed class 5 blaster, licensed class 6 blaster or licensed class 7 blaster.

2. Is under the direct supervision of a person who holds a license issued by the department as a licensed blaster in one or more of the categories specified in subd. 1.

(b) The operations and activities associated with a person who holds a license as a licensed class 1 blaster, licensed class 2 blaster, licensed class 3 blaster, licensed class 4 blaster, licensed class 5 blaster, licensed class 6 blaster or licensed class 7 blaster shall be limited to the operations or activities delineated under this paragraph.

1. A person, who either holds a license as a licensed class 1 blaster or is under the direct supervision of a person who holds a license as a licensed class 1 blaster, may conduct blasting operations and activities not closer than 500 feet to an inhabited building for stumps, boulders, ice, frost, concrete, footings, foundations, pole settings, drainage ditches, beaver dams, pot holes, seismic tests, boiler tubes, fertilizer piles, silos, dimension stone, well shooting, metal forms, black powder or coal piles.

2. A person, who either holds a license as a licensed class 2 blaster or is under the direct supervision of a person who holds a license as a licensed class 2 blaster, may conduct blasting operations and activities for stumps, boulders, ice, frost, concrete, footings, foundations, pole settings, drainage ditches, beaver dams, pot holes, seismic tests, boiler tubes, fertilizer piles, silos, dimension stone, well shooting, metal forms, black powder or coal piles.

3. A person, who either holds a license as a licensed class 3 blaster or is under the direct supervision of a person who holds a license as a licensed class 3 blaster, may conduct blasting operations and activities for underground mining, underground construction or tunnels.

4. A person, who either holds a license as a licensed class 4 blaster or is under the direct supervision of a person who holds a license as a licensed class 4 blaster, may conduct blasting operation and activities not closer than 2500 feet to an inhabited building for quarries, open pits, road cuts, trenches, site excavations, basements, underwater demolition or underground excavations.

5. A person, who either holds a license as a licensed class 5 blaster or is under the direct supervision of a person who holds a license as a licensed class 5 blaster, may conduct blasting operations and activities 2500 feet and closer to an inhabited building for quarries, open pits and road cuts.

6. A person, who either holds a license as a licensed class 6 blaster or is under the direct supervision of a person who holds a license as a licensed class 6 blaster, may conduct blasting operations and activities 2500 feet and closer to an inhabited building for trenches, site excavations, basements, underwater demolition, underground excavations or structures 15 feet or less in height.

7. A person, who either holds a license as a licensed class 7 blaster or is under the direct supervision of a person who holds a license as a licensed class 7 blaster, may conduct blasting operations and activities for structures greater than 15 feet in height, bridges, towers or any of the objects or purposes specified under subds. 1. to 6.

(c) A person who holds a valid blaster license which was issued prior to November 1, 1996 shall be deemed to hold the category of blaster license specified in Table 305.20 and may conduct blasting operations and activities under par. (b).

- See PDF for table

(2) Application for examination. A person applying to take a blaster license examination shall submit all of the following:

(a) An application in accordance with s. SPS 305.01.

(b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.

(3) Qualifications for examination.

(a) A person applying to take a blaster license examination shall be at least 21 years old.

(b) A person applying to take a blaster license examination shall have one or more of the following qualifying experience:

1. At least 640 hours of experience working under the direct supervision of a person who holds a class 1 blaster license for a class 1 blaster license examination.

2. At least 640 hours of experience working under the direct supervision of a person who holds a class 2 blaster license for a class 2 blaster license examination.

3. At least 640 hours of experience working under the direct supervision of a person who holds a class 3 blaster license for a class 3 blaster license examination.

4. At least 640 hours of experience working under the direct supervision of a person who holds a class 4, class 5 or class 6 blaster license for a class 4 license examination.

5. At least 640 hours of experience working under the direct supervision of a person who holds a class 5 blaster license for a class 5 blaster license examination.

6. At least 1000 hours of experience working under the direct supervision of a person who holds a class 6 blaster license for a class 6 blaster license examination.

7. At least 2000 hours of experience working under the direct supervision of a person who holds a class 7 blaster license for a class 7 blaster license examination.

(4) Examination. A person seeking to obtain a blaster license shall take and pass an examination in accordance with s. SPS 305.09.

(5) Application for license. Upon notification of the successful passage of the examination for a blaster license, a person may obtain the license by submitting an application and the license fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).

(6) Renewal.

(a)

1. A person may renew his or her license as a blaster.

2. A blaster license shall be renewed in accordance with s. SPS 305.07.

(b) The renewal of a blaster license shall be contingent upon the applicant completing and passing a take home examination.

(c) The renewal of a blaster license shall be contingent upon the department’s review of the applicant’s criminal history record from the state department of justice.

Note: The department will obtain the criminal history record directly from the state department of justice.

History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; cr. (2) (c), (6) (c), Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a) 1. and 2., (b) and (5), Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: r. (2) (c), am. (6) (c) Register June 2004 No. 582, eff. 8-1-04; correction in (1) (c), (2) (a), (b), (4), (5), (6) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 305.21 Fireworks manufacturers.

(1) General.

(a) Pursuant to s. 167.10 (6m), Stats., no person may manufacture fireworks or a listed device in this state unless the person holds a license issued by the department as a licensed fireworks manufacturer.

(b) A fireworks manufacturer license shall be obtained and held for each plant where fireworks or listed devices are to be manufactured.

(2) Application for license. A person applying for a fireworks manufacturer license shall submit all of the following:

(a) An application in accordance with s. SPS 305.01.

(b) An application fee and a license fee in accordance with s. SPS 305.02, Table 305.02.

(3) Qualifications for license.

(a) A person applying for a license as a fireworks manufacturer shall hold a federal license issued under 18 USC chapter 40 section 843.

(b) The person applying for a fireworks manufacturer license shall be the owner of the business, a partner in the business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the corporation.

(3m) Responsibilities. A person who holds a fireworks manufacturer license shall post the license at the plant where the fireworks are to be manufactured.

(4) Renewal.

(a)

1. A person may renew his or her license as a fireworks manufacturer.

2. A fireworks manufacturer license shall be renewed in accordance with s. SPS 305.07.

(b) The renewal of a fireworks manufacturer license shall be contingent upon the applicant possessing a federal license issued under 18 USC chapter 40 section 843.

History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; cr. (3m), Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a) and (2) (b), Register, April, 2000, No. 532, eff. 5-1-00; correction in (2) (a), (b), (4) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Subchapter III — Dwellings, Structures and Sites

SPS 305.31 Dwelling contractor.

(1) General. Pursuant to s. 101.654 (1) (a), Stats., no person may obtain a building permit for a one- or 2-family dwelling unless the person complies with all of the following, except as provided under s. 101.654 (1) (b) and (c) 2., Stats.:

(a) Holds one of the following credentials issued by the department:

1. A dwelling contractor certification.

2. A dwelling contractor — restricted certification.

(b) Holds or engages, as an employee, a person who holds a certification issued by the department as a dwelling contractor qualifier.

Note: Section 101.654 (1) (b), Stats., exempts an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on the dwelling from obtaining a dwelling contractor financial responsibility certification.

Note: Section 101.654 (1) (c) 2., Stats., reads: “The continuing education requirements under par. (a) and the rules promulgated by the department under sub. (1m) do not apply to any person who holds a current license issued by the department at the time that the person obtains a building permit if the work the person does under the permit is work for which the person is licensed.”

(2) Application for dwelling contractor certification. A person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall submit all of the following:

(a) An application in accordance with s. SPS 305.01.

(b) An application fee and a certification fee in accordance with s. SPS 305.02, Table 305.02.

Note: A dwelling contractor — restricted certification will be issued to an individual who applies using a bond of less than $25,000. The card issued by the department for a dwelling contractor — restricted certification will read “Financial Responsibility-by a bond under $25,000 Certification”.

(3) Qualifications for certification.

(a) A person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall provide all of the following:

1. A statement certifying that the person complies with the worker’s compensation requirements and unemployment compensation requirements as specified under s. 101.654 (2), Stats.

2. Evidence of compliance with the liability or bond insurance requirements as specified under s. 101.654 (2) and (2m), Stats.

(b) The person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.

(4) Responsibilities.

(a) A person who holds a dwelling contractor certification or a dwelling contractor — restricted certification shall comply with the responsibilities under s. 101.654 (4), Stats.

(b) For any construction project that requires a uniform building permit under s. SPS 320.08, a person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not commence construction until a permit is issued for the construction.