SPS 345.31(1)(a)(a) This chapter shall be enforced by the department and its authorized agents. SPS 345.31 NoteNote: Section 101.02 (15) (g) of the Statutes authorizes the Department and its authorized agents to enter any building, facility or premises and examine any mechanical refrigeration system or component and associated records for the purpose of enforcing this chapter. SPS 345.31(1)(b)(b) Where an authorized agent administers and enforces this chapter in conjunction with the department, the authorized agent’s administration and enforcement shall be exercised in advance of the department’s administration and enforcement. SPS 345.31 NoteNote: Under section SPS 345.11 (5), the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards. SPS 345.31(2)(a)(a) The authorized agent or the department shall inspect a mechanical refrigeration system that is required to be registered under s. SPS 345.30 (1), within 45 business days after completion of the initial construction or installation, and within 45 business days after completion of construction or installation relating to any alteration, repair or replacement. SPS 345.31(2)(b)1.1. All refrigerant steel piping that will employ welded joints shall be inspected by the authorized agent or the department after the piping material is delivered to the job site and prior to installation of the piping. SPS 345.31(2)(b)2.2. The authorized agent or the department shall be given a minimum of 5 business days notice prior to the start of construction to arrange for inspections under this paragraph. SPS 345.31(2)(b)3.3. If applicable and if required by the authorized agent or the department, the following documents shall be made available for review during inspections under this paragraph: SPS 345.31 NoteNote: For further information relating to the welding documentation listed in subdivision 3. a. to d., see section IX of the ASME Boiler and Pressure Vessel Code, as referenced in section SPS 345.550 (1). SPS 345.31(2)(b)4.4. Form SBD-5204 shall be completed and be retained at the job site for reference during inspections under this paragraph. If the design of the piping is acceptable, the authorized agent or the department shall sign the form. SPS 345.31(2)(c)(c) Welded, prefabricated steel piping that is part of a mechanical refrigeration system to be erected on a job site shall be inspected at the fabrication shop by the authorized agent or the department – or, for out-of-state fabricators, by an inspector commissioned by the national board of boiler and pressure vessel inspectors. The fabricator shall make a copy of the inspection report or a copy of the completed form SBD-5204 available to the installer at the job site verifying that the prefabricated piping complies with ASME B31.5. Design calculations for the prefabricated piping shall be provided to the authorized agent or the department if so requested. SPS 345.31(2)(d)(d) Within 5 business days of completing the installations and inspections under par. (b) or (c), a copy of the completed SBD-5204-E form shall be filed with the authorized agent or the department, unless additional time is granted by the authorized agent or the department. SPS 345.31 NoteNote: The address for submitting forms to the Department is the Division of Industry Services, Mechanical Refrigeration Program, P.O. Box 7302, Madison, WI 53707-7302; and the fax number is 608-283-7420.
SPS 345.31 NoteNote: ASME B31.5 is a mandatory reference for designers, fabricators and producers of refrigeration equipment, and is referenced in appendix E of ANSI/ASHRAE standard 15, which is adopted in subchapter IV.
SPS 345.31 NoteNote: It is recommended that out-of-state installers contact the Department prior to any fabrication or installation of prefabricated piping, to expedite compliance with the Department’s requirements.
SPS 345.31 NoteNote: The National Board of Boiler and Pressure Vessel Inspectors can be contacted at 1055 Crupper Avenue, Columbus, OH 43229; or at telephone 614.888.8320; or at www.nationalboard.com. SPS 345.31 NoteNote: 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 345.31(3)(a)1.1. Except as provided in subd. 2., any mechanical refrigeration system using a Group A1 or B1 refrigerant and having a capacity rated at or greater than 50 horsepower, 50 tons or 50,000 volt-amperes shall be inspected by the authorized agent or the department at least once every 36 months. SPS 345.31(3)(a)2.a.a. Mechanical refrigeration systems containing a Group A1 or B1 refrigerant which are used only for air conditioning for human occupancy and which have their mechanical components located outdoors with the discharge from any relief valve located at least 20 feet from any building opening are exempt from periodic inspections. SPS 345.31(3)(a)2.b.b. An air intake opening that is part of an outdoor self-contained system under subd. 2. a. is not considered a building opening for the purposes of this subdivision. SPS 345.31(3)(b)(b) Any mechanical refrigeration system using a Group A2, B2, A3 or B3 refrigerant and having a capacity rated at or greater than 10 horsepower, 10 tons or 10,000 volt-amperes shall be inspected by the authorized agent or the department at least once every 12 months. SPS 345.31 NoteNote: See Table 1 and normative appendix C in ANSI/ASHRAE standard 15, as adopted in subchapter IV, for characteristics of the refrigerant groups listed in paragraphs (a) and (b).
SPS 345.31 HistoryHistory: CR 10-011: cr. (title), (1) and (2), sub. (3) renum. from Comm 45.08 (3) and am. Register August 2010 No. 656, eff. 9-1-10; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 11-047: cr. (2) (d) Register May 2012 No. 677, eff. 6-1-12. SPS 345.32(1)(a)1.1. Within 5 business days after completing an inspection, the authorized agent or the department shall determine whether the mechanical refrigeration system complies with the applicable requirements of this chapter. SPS 345.32(1)(a)2.2. For each inspection performed by an authorized agent, a report shall be sent to the department in accordance with the department’s electronic data interchange transfer guidelines, within 5 business days after completing the inspection, unless additional time is authorized by the department. SPS 345.32(1)(b)(b) Within 10 business days after making or receiving the determination under par. (a), the department shall issue a permit to operate if it has been determined that the mechanical refrigeration system complies with the applicable requirements of this chapter. SPS 345.32(2)(2) The permit to operate shall list the maximum operating pressure allowed under this chapter. SPS 345.32(3)(3) Permits to operate shall be valid for one of the following periods: SPS 345.32(4)(a)(a) The owner or user of a mechanical refrigeration system that is required to have periodic inspections under s. SPS 345.31 (3) shall be responsible for all of the following: SPS 345.32(4)(a)2.2. Notifying the authorized agent or the department, within 20 business days thereof, if the system is placed in an inactive status, as specified in sub. (5). SPS 345.32(4)(b)1.a.a. The permit to operate shall be posted in the machinery room or adjacent to the entrance to the machinery room except as provided in subd. 1. b. and c. SPS 345.32(4)(b)1.b.b. If there is no machinery room and the machinery is located within the building, the permit shall be posted in a conspicuous location on or near the machinery. SPS 345.32(4)(b)1.c.c. If there is no machinery room and the machinery is located outside the building, the permit shall be posted in a conspicuous location near the access opening for the machinery unless otherwise approved by the authorized agent or the department. SPS 345.32(5)(a)(a) A mechanical refrigeration system may be placed in an inactive status if acceptable documentation is provided to the authorized agent or the department showing that the entire refrigerant charge has been removed from the system. SPS 345.32(5)(b)(b) Within 5 business days after an authorized agent receives the documentation under par. (a), the agent shall verify the inactive status and report that verification to the department. SPS 345.32 NoteNote: Shutdown of a system for repair, alteration, replacement or seasonal use is not considered to be placing it in an inactive status.
SPS 345.32(6)(6) The owner or user shall notify the authorized agent or the department at least 20 business days before reactivating a mechanical refrigeration system at any time after the expiration date on the permit to operate. The system shall be re-inspected by the authorized agent or the department and a new permit to operate shall be obtained before the system may be reactivated. SPS 345.32 HistoryHistory: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: (title) and (1) to (4) renum. from Comm 45.09 (title), (4), (1) to (3) and am., cr. (5), sub. (6) renum. from Comm 45.07 (4) and am. Register August 2010 No. 656, eff. 9-1-10; correction in (3) (a), (b), (4) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 345.33SPS 345.33 Reporting of accidents. If a mechanical refrigeration system component fails and causes injuries to any person that require more than first aid treatment, the owner or user shall report the facts involved to the department within the following 24 hours. The owner or user may not remove or disturb the mechanical refrigeration system or any of its components nor permit any such removal or disturbance prior to receiving authorization from the authorized agent or the department, except for the purpose of saving human life or preventing property damage. SPS 345.33 NoteNote: The address for reporting accidents to the Department is the Division of Industry Services, Mechanical Refrigeration Program, P.O. Box 7302, Madison, WI 53707-7302; and the fax number is 608-283-7420.
SPS 345.33 NoteNote: The Department can be contacted at 608-266-7548 during normal business hours. The State Division of Emergency Management can be contacted at 800-943-0003 during non-business hours.
SPS 345.33 HistoryHistory: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: renum. from Comm 45.10 and am. Register August 2010 No. 656, eff. 9-1-10. SPS 345.34SPS 345.34 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 over the affected property, and from any authorized agent having jurisdiction. SPS 345.34 NoteNote: 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 345.34 HistoryHistory: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: renum. from Comm 45.11 and am. Register August 2010 No. 656, eff. 9-1-10; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 345.35(1)(1) Any inspection report describing any noncompliance with this chapter shall be provided to the owner of the mechanical refrigeration system. SPS 345.35(2)(2) The owner of a mechanical refrigeration system shall correct any aspects of the system that do not comply with applicable requirements of this chapter, within any time period prescribed by the authorized agent or the department. SPS 345.35 HistoryHistory: CR 10-011: cr. Register August 2010 No. 656, eff. 9-1-10. SPS 345.36(1)(1) Appeal of department order. Pursuant to s. 101.02 (6) (e), Stats., any person who owns or occupies a property that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order. SPS 345.36(2)(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 an order of the department may petition the department for a hearing on the local order. SPS 345.36(3)(3) Petition for administrative rule. Pursuant to s. 227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment or repeal of the rule. SPS 345.36 HistoryHistory: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: renum. from Comm 45.12 Register August 2010 No. 656, eff. 9-1-10. SPS 345.37SPS 345.37 Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 101.02 (12) and (13) (a), Stats. SPS 345.37 NoteNote: 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 345.37 NoteNote: 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 345.37 HistoryHistory: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: renum. from Comm 45.13 Register August 2010 No. 656, eff. 9-1-10; correction made under s. 13.92 (4) (b) 7., Stats., Register September 2013 No. 693. SPS 345.38SPS 345.38 Fees. Fees for permits to operate, inspections and petitions for variance shall be submitted as specified in ch. SPS 302. SPS 345.38 HistoryHistory: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: renum. from Comm 45.14 Register August 2010 No. 656, eff. 9-1-10; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 345.40SPS 345.40 Design, construction and operation.
