Wisconsin Legislature: subch. I of ch. SPS 345

Ch. SPS 345 Note Note: Chapter Ind 45 as it existed on September 30, 1983 was repealed and a new chapter ILHR 45 was created effective October 1, 1983; chapter ILHR 45 as it existed on August 31, 1994 was repealed and a new chapter ILHR 45 was created effective September 1, 1994. Chapter ILHR 45 was renumbered to be chapter Comm 45 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490. Chapter Comm 45 as it existed on October 31, 2003 was repealed and a new chapter Comm 45 was created Register October 2003 No. 574, effective November 1, 2003. Chapter Comm 45 was renumbered chapter SPS 345 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

subch. I of ch. SPS 345 Subchapter I — Purpose, Scope and Application

SPS 345.10 SPS 345.10 Purpose and scope. Pursuant to s. 101.17, Stats., the purpose of this chapter is to establish all of the following:

SPS 345.10(1) (1) Minimum safety standards for the design, construction, installation, operation, testing, maintenance, repairs and inspection of mechanical refrigeration systems in public buildings and places of employment.

SPS 345.10(2) (2) Minimum standards for preventing the release of ozone-depleting refrigerants to the atmosphere.

SPS 345.10 Note Note: Pursuant to federal regulations, individuals who install or service HVAC equipment involving ozone-depleting refrigerants are required to hold a Type I, II, III, or Universal technician certification issued in accordance with section 608 of the federal Clean Air Act and title 40 CFR part 82, subpart F.

SPS 345.10 Note Note: The Department and other state agencies may have additional rules that affect the design, construction, installation, operation, testing, maintenance, repair and inspection of mechanical refrigeration systems in public buildings and places of employment, including chapters SPS 314, Fire Prevention; SPS 316, Electrical; SPS 341, Boilers and Pressure Vessels; SPS 361 to 366, Wisconsin Commercial Building Code; and SPS 381 to 387, Plumbing.

SPS 345.10 Note Note: Under chapters SPS 314 and 361, neither NFPA® 1 nor the International Fire Code® are applied by the Department to mechanical refrigeration systems.

SPS 345.10 History History: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: renum. from Comm 45.01 and am. Register August 2010 No. 656, eff. 9-1-10; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register September 2013 No. 693.

SPS 345.11 SPS 345.11 Application.

SPS 345.11(1) (1) General. This chapter applies to all of the following except as provided in sub. (2):

SPS 345.11(1)(a) (a) All mechanical refrigeration systems that are installed or constructed on or after September 1, 2010.

SPS 345.11(1)(b) (b) A change to a refrigerant of a different number designation.

SPS 345.11(1)(c) (c) Replacement parts or components for any mechanical refrigeration system that exists on or after September 1, 2010.

SPS 345.11(1)(d) (d) Alterations to any mechanical refrigeration system that exists on or after September 1, 2010.

SPS 345.11 Note 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.

SPS 345.11 Note Note: As referenced in section SPS 345.40 (2) (c), see subchapter VI of chapter SPS 341 for additional requirements relating to alterations and repairs for pressure vessels and their fittings, settings or appurtenances.

SPS 345.11 Note Note: Designers, contractors and owners are encouraged to contact the Department to discuss their intentions for alterations and to determine, on a case-by-case basis, any upgrades that are needed. See the Note under section SPS 345.31 (2) (b) 2. for the corresponding telephone number or address.

SPS 345.11(1)(e) (e) Repaired portions or components of any mechanical refrigeration system that exists on or after September 1, 2010.

SPS 345.11 Note Note: Under this paragraph, any portions of a system that are being repaired must comply with the rules of this chapter which exist on the date of the repair. See paragraph (f) and section SPS 345.11 (3) for the applicability of this chapter to any other portions of the system.

SPS 345.11(1)(f) (f) Operation, testing, maintenance and inspection of all mechanical refrigeration systems that exist on or after September 1, 2010.

SPS 345.11(1)(g) (g) Any removal, transfer, storage, release, recovery, charging or other use of any ozone-depleting refrigerant that exists in Wisconsin on or after September 1, 2010.

SPS 345.11(2) (2) Exemptions. This chapter does not apply to the use of water or air as the primary refrigerant.

SPS 345.11(3) (3) Retroactivity. A design, construction or installation rule in subchs. III to VI does not apply retroactively to mechanical refrigeration systems or components existing prior to the effective date of the rule unless specifically stated in the rule.

SPS 345.11(4) (4) Differing rules.

SPS 345.11(4)(a)(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.

SPS 345.11(4)(b) (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).

SPS 345.11(4)(c) (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).

SPS 345.11(5) (5) 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.

SPS 345.11 Note 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."

SPS 345.11 History History: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: (title), (1) and (2) renum. from Comm 45.02 and am. (title), (1) (title), (intro.), (a), (c) and (d), cr. (1) (e) to (g), and (3) to (5) Register August 2010 No. 656, eff. 9-1-10.

SPS 345.12 SPS 345.12 Local regulations. This chapter does not limit the power of cities, villages and towns to make or enforce additional or more stringent regulations, provided the regulations do not conflict with this chapter, any other rule of the department, or law.

SPS 345.12 History History: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: renum. from Comm 45.03 Register August 2010 No. 656, eff. 9-1-10.

subch. II of ch. SPS 345 Subchapter II — Definitions

SPS 345.20 SPS 345.20 Definitions. In this chapter:

SPS 345.20(1) (1) “Alteration" means any of the following:

SPS 345.20(1)(a) (a) A change in a mechanical refrigeration system that involves an extension, addition or change to the arrangement, type or purpose of the existing installation or component.

SPS 345.20(1)(b) (b) A change in the type of refrigerant for a mechanical refrigeration system.

SPS 345.20(2) (2) “Approved" means acceptable to the department.

SPS 345.20(3) (3) “Approved nationally recognized testing laboratory" means a laboratory acceptable to the department, which provides uniform testing and examination procedures and standards for meeting design, manufacturing and factory test requirements of this chapter; is organized, equipped and qualified for testing; and has a follow-up inspection service of the current production of the listed products.

SPS 345.20(4) (4) “Authorized agent" means any of the following or their authorized representatives:

SPS 345.20(4)(a) (a) A boiler-pressure vessel inspector who is so certified under ch. SPS 305 and is addressed in a written contract with the department as enforcing this chapter.

SPS 345.20(4)(b) (b) A local governmental unit that has been authorized in writing by the department to administer and enforce this chapter.

SPS 345.20(4)(c) (c) A first class city that has accepted the responsibility to administer and enforce this chapter.

SPS 345.20 Note Note: As of September 1, 2010, only the City of Milwaukee had become a first class city.

SPS 345.20(5) (5) “Department" means the department of safety and professional services.

SPS 345.20(6) (6) “Ozone-depleting refrigerant" has the meaning specified under s. 100.45 (1) (d), Stats.

SPS 345.20 Note Note: Under s. 100.45 (1) (d), Stats., “ozone-depleting refrigerant" means a substance used in refrigeration that is or contains a class I substance, as defined in 42 USC 7671 (3) or a Class II substance, as defined in 42 USC 7671 (4).

SPS 345.20(7) (7) “Place of employment" has the meaning specified under s. 101.01 (11), Stats.

SPS 345.20 Note Note: Under s. 101.01 (11), Stats., “place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. “Farming" includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, “place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.

SPS 345.20(8) (8) “Public building" has the meaning specified under s. 101.01 (12), Stats.

SPS 345.20 Note Note: Under s. 101.01 (12), Stats., “public building" means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, “public building" does not include a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).

SPS 345.20(9) (9) “Repair" means the restoration of any portion or component of a mechanical refrigeration system to a safe operating condition.

SPS 345.20 History History: CR 03-012: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-011: (intro.), (2), (3), (5) to (8) renum. from Comm 45.05 (intro.), (1), (2), (4), (7) to (9), r. (3), (5) and (6), cr. (1), (4) and (9) Register August 2010 No. 656, eff. 9-1-10; correction in (4) (a), (5) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.

subch. III of ch. SPS 345 Subchapter III — Administration and Enforcement

SPS 345.30 SPS 345.30 Installation registration.

SPS 345.30(1) (1) Classifications. Any installation of the following mechanical refrigeration systems or components thereof shall be registered with the department:

SPS 345.30(1)(a) (a) Any 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.

SPS 345.30(1)(b) (b) Any 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.

SPS 345.30(1)(c) (c) Any alteration of a mechanical refrigeration system, that causes the system to have or exceed the capacity in par. (a) or (b).

SPS 345.30(1)(d) (d) Any alteration or repair of a currently registered mechanical refrigeration system.