Chapter SPS 333

SPS 333.02 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.

SPS 333.03 SPS 333.03 Application.

SPS 333.03(1) (1) New installations. This chapter applies to all passenger ropeways installed or constructed on or after November 1, 2012.

SPS 333.03(2) (2) Alterations. This chapter applies to all alterations of and additions to passenger ropeways which affect the passenger ropeway’s design, structural strength or operation or which replace any piece of major equipment on the passenger ropeway. This chapter does not apply to minor repairs necessary for a passenger ropeway’s maintenance.

SPS 333.03(3) (3) Existing installations.

SPS 333.03(3)(a) (a) The applicable operation and maintenance requirements of this apply to passenger ropeways installed or constructed prior to November 1, 2012.

SPS 333.03(3)(b) (b) Unless otherwise specifically stated in this chapter, existing passenger ropeway installations and their components shall be maintained to conform to the passenger ropeway code that applied when the installations or components were installed or altered.

SPS 333.03(4) (4) Standards.

SPS 333.03(4)(a) (a) Where any rule written by the department differs from a requirement within a document referenced in this chapter, the rule written by the department shall govern.

SPS 333.03(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 333.03(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 333.03(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 333.03 Note Note: Section 101.02 (1), Stats., 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 333.03 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01; CR 12-008: am. (1), renum. (3) to be (3) (a) and am., cr. (3) (b), (4), (5) Register August 2012 No. 680, eff. 11-1-12.

SPS 333.05 SPS 333.05 Petition for variance. The department shall consider and may grant a variance to a nonstatutory provision of this chapter in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.

SPS 333.05 Note Note: 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 333.05 Note Note: Form SBD-9890 is available at the Department’s Web site at http://dsps.wi.gov through links to Division of Industry Services forms.

SPS 333.05 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 333.06 SPS 333.06 Fees. Fees for the plan examination, permit to operate, load test and inspection of passenger ropeways shall be submitted to the department as specified in ch. SPS 302.

SPS 333.06 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 333.07 SPS 333.07 Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 101.02 (12) and (13) (a), Stats.

SPS 333.07 Note Note: 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 333.07 Note Note: Section 101.02 (13) (a), Stats., indicates that if any employer, employee, owner, or other person violates ss. 101.01 to 101.599, Stats., or 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 fails, neglects or refuses to obey any lawful order given or 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 employer, employee, owner or other person shall forfeit and pay into the state treasury a sum not less than $10 or more than $100 for each such offense.

SPS 333.07 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.

SPS 333.08 SPS 333.08 Appeals.

SPS 333.08(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 333.08(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 333.08(3) (3) Petition of 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 333.08 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.

subch. II of ch. SPS 333 Subchapter II — General Requirements

SPS 333.10 SPS 333.10 Department review.

SPS 333.10(1) (1) Plans and specifications.

SPS 333.10(1)(a) (a) Before commencing the construction, installation or relocation of or addition to a passenger ropeway, plans and specifications for the proposed passenger ropeway shall be submitted to the department for review and approval.

SPS 333.10 Note Note: Plans and specifications are to be submitted to the Department’s Division of Industry Services, Bureau of Field Services, P.O. Box 7302, Madison, WI 53707-7302.

SPS 333.10(1)(b) (b) At least 3 clear, legible and permanent copies of the plans and one copy of the specifications shall be submitted to the department.

SPS 333.10 Note Note: Original drawings are not considered a substitute for permanent copies.

SPS 333.10(1)(c) (c) Plans shall include all of the following applicable information:

SPS 333.10(1)(c)1. 1. Name of the owner and the location of the passenger ropeway.

SPS 333.10(1)(c)2. 2. Name and address of the passenger ropeway’s designer.

SPS 333.10(1)(c)3. 3. Site plan and profile map showing location of towers, power units, counterweights and pits.

SPS 333.10(1)(c)4. 4. Clearances of towers, path and counterweights.

SPS 333.10(1)(c)5. 5. Details of tower construction mountings, foundations and supports, sheave assemblies and carriages.

SPS 333.10(1)(d) (d) The specifications shall be coordinated with the plans and describe the quality of the materials.

SPS 333.10(1)(e) (e) All plans submitted for review shall be accompanied by sufficient data and information for the department to determine if the design of the passenger ropeway, the capacity of the equipment, and the performance of the passenger ropeway will conform to the requirements of this chapter.

SPS 333.10(2) (2) Plan approval.

SPS 333.10(2)(a) (a) If the department determines that the plans and the specifications for the proposed passenger ropeway substantially conform to the requirements of this chapter, a written conditional approval shall be granted. All conditions not in compliance with this chapter, which are identified in the conditional approval, shall be corrected before or during construction or installation. A conditional approval issued under this subsection shall not impose any responsibility or liability upon the department for the design or construction of the passenger ropeway.

SPS 333.10(2)(b) (b) If the department determines that the plans or the specifications for the proposed passenger ropeway do not substantially conform to the requirements of this chapter, the application for conditional approval shall be denied in writing.

SPS 333.10(3) (3) Evidence of plan approval. At least one set of plans bearing the department’s stamp of conditional approval and a copy of the specifications for the passenger ropeway shall be kept at the passenger ropeway site. The plans and specifications shall be open to inspection by the department or a third party independent inspector.

SPS 333.10(4) (4) Revocation of approval. The department may revoke any approval, issued under this chapter, for any false statements or misrepresentation of facts on which the approval was based.

SPS 333.10(5) (5) Plan review processing time. Pursuant to s. SPS 302.07 (3), the department shall review and make a determination on an application for plan review within 15 business days.

SPS 333.10 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01; CR 06-119: am. (5) Register July 2007 No. 617, eff. 8-1-07; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 333.11 SPS 333.11 Ropeway alterations. Complete information regarding an alteration which affects the design, structural strength or operation of a passenger ropeway or which replaces any piece of major equipment of a passenger ropeway shall be kept at the passenger ropeway site. The information shall be open to inspection by the department or a third party independent inspector.

SPS 333.11 Note Note: Examples of alterations include the ropeway modifications listed in ANSI B77.1 section 1.2.4.4.

SPS 333.11 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.

SPS 333.12 SPS 333.12 Inspections and tests.

SPS 333.12(1) (1) Acceptance inspections.

SPS 333.12(1)(a) (a) The acceptance inspections specified in the ANSI B77.1 standard adopted in s. SPS 333.17 shall be performed by the department.

SPS 333.12(1)(b) (b) Notice shall be given to the department at least 5 business days prior to the time the passenger ropeway will be ready for inspection.

SPS 333.12(1)(c) (c) If the inspection is not completed within 10 business days after the passenger ropeway is ready for inspection, the department shall issue a temporary permit to operate until an inspection is completed and the passenger ropeway is approved or disapproved.

SPS 333.12(2) (2) Periodic inspections.

SPS 333.12(2)(a) (a)

SPS 333.12(2)(a)1. 1. All passenger ropeways, including existing passenger ropeways installed or constructed prior to November 1, 2012, shall be inspected at least once every 12 months by the department or a third-party independent inspector.

SPS 333.12(2)(a)2. 2. The inspection shall ascertain whether a permit to operate may be issued for each passenger ropeway.

SPS 333.12(2)(a)3. 3. Depending upon the type of passenger ropeway, the inspection shall cover at least the aspects of a general inspection as applicable under ANSI B77.1 sections 3.3.4.1, 4.3.4.1, 5.3.4.1, 6.3.4, or 7.3.4.

SPS 333.12 Note Note: Prior to July 1, 1984, administrative rules for aerial tramways, aerial lifts, surface lifts and rope tows were specified in ch. Ind 46. Since July 1, 1984, the rules have been specified in chs. ILHR 33, Comm 33 and this chapter.

SPS 333.12(2)(b) (b)

SPS 333.12(2)(b)1. 1. By October 1 of each year, the owner of a passenger ropeway shall notify the department in writing if the next required periodic inspection is to be performed by a third party independent inspector.

SPS 333.12(2)(b)2. 2. If the notification is not made by October 1, the department may conduct the required period inspection and charge the owner the applicable fee specified under ch. SPS 302.

SPS 333.12(2)(c) (c)

SPS 333.12(2)(c)1. 1. A third-party independent inspector conducting a periodic inspection under par. (a) shall be employed by or contracted by an insurance company providing liability coverage for the passenger ropeway.

SPS 333.12(2)(c)2. 2. If a third party independent inspector is unable to obtain compliance with this chapter, the inspector shall notify the department.

SPS 333.12(2)(c)3. 3. All correspondence and documentation that is sent by the owner of a ropeway to a third party independent inspector addressing cited violations of this chapter shall also be sent by the owner to the department.

SPS 333.12(2)(d) (d)

SPS 333.12(2)(d)1. 1.

SPS 333.12(2)(d)1.a. a. Except as provided subd. 1. b., reports of periodic inspections shall be submitted to the department within 30 days from the date of inspection.

SPS 333.12(2)(d)1.b. b. A report of a periodic inspection shall be submitted to the department within 10 days from the date of inspection if the inspector does not recommend issuing the permit to operate for the ropeway.

SPS 333.12(2)(d)2. 2. A copy of the inspection shall be provided to the owner or their agent of the ropeway.

SPS 333.12(2)(d)3. 3. A periodic inspection shall be reported on form SBD-10633 or other approved form.

SPS 333.12(3) (3) Load tests. The acceptance tests specified in the ANSI B77.1 standard adopted in s. SPS 333.17 shall be witnessed by the department.

SPS 333.12(4) (4) Additional data. When requested, additional data pertaining to the design, construction, materials or equipment of a passenger ropeway shall be submitted to the department for approval or to substantiate compliance with this chapter.

SPS 333.12 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01; correction in (1) (a), (2) (b), (c), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 12-008: r. and recr. (2) Register August 2012 No. 680, eff. 11-1-12.

SPS 333.13 SPS 333.13 Permit to operate.

SPS 333.13(1) (1) Responsibility. No passenger ropeway may be operated without a valid permit to operate. The owner of a passenger ropeway shall be responsible for obtaining and maintaining a valid permit to operate. The permit to operate shall be kept on the premise.

SPS 333.13(2) (2) Issuance. After each initial or periodic inspection, a permit to operate shall be issued by the department upon determination that the passenger ropeway meets the applicable requirements of this chapter. The department shall issue a permit to operate within 10 business days from receipt of an inspection report showing compliance with this chapter.

SPS 333.13(3) (3) Expiration. The permit to operate shall be valid for no longer than 12 months. The expiration date shall be printed on the permit to operate.

SPS 333.13 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.

SPS 333.14 SPS 333.14 Owner’s responsibility. No owner may construct or alter any passenger ropeway or portion of a passenger ropeway, or permit any passenger ropeway to be constructed or altered except in compliance with this chapter. Compliance with this chapter does not relieve the owner from compliance with other administrative rules or statutes.

SPS 333.14 Note Note: The Department and other state agencies may have additional rules that affect the design, construction, maintenance and use of passenger ropeways, including chs. SPS 314, Fire Prevention; SPS 316, Electrical; and SPS 340, Gas Systems. The Department’s Division of Industry Services administers all of these listed codes.

SPS 333.14 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.