Chapter ATCP 92

ATCP 92.21(1)(a)3. 3. Verify that the weighing or measuring device is correct.

ATCP 92.21(1)(b) (b) No individual operating a weights and measures service company may engage in any of the activities under par. (a) unless that individual is certified under par. (a).

ATCP 92.21 Note Note: An individual operating a weights and measures service company must also be licensed under s. ATCP 92.20.

ATCP 92.21(2) (2) Application for certification. An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual certified under sub. (1). The applicant shall apply on a form provided by the department. An application shall include, for each individual to be certified, all the following:

ATCP 92.21(2)(a) (a) The individual’s full name (first, middle, and last) and birth date.

ATCP 92.21(2)(b) (b) Proof that the individual has met the examination requirement under sub. (3) (a), or is currently certified by another state as provided in sub. (3) (b).

ATCP 92.21 Note Note: You may obtain application forms at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

ATCP 92.21 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.21(3) (3) Examination required.

ATCP 92.21(3)(a) (a) The department may not certify an individual under sub. (1) in any category under sub. (4) unless one of the following applies:

ATCP 92.21(3)(a)1. 1. The individual has passed the central weights and measures association registered service persons examination, or another examination approved by the department, in that category.

ATCP 92.21(3)(a)2. 2. The individual is currently certified in an equivalent category in another state, and has passed an examination under subd. 1. within 5 years prior to the date on which the department receives the certification application under sub. (2).

ATCP 92.21(3)(b) (b) An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual take an examination required under par. (a). The applicant shall apply to the department, on a form provided by the department. The application shall include, for each individual, all the following:

ATCP 92.21(3)(b)1. 1. The individual’s full name (first, middle, and last) and birth date.

ATCP 92.21(3)(b)2. 2. An address and telephone number at which the applicant may be contacted to schedule the examination.

ATCP 92.21(3)(b)3. 3. A $30 examination fee. A single fee entitles an individual to take examinations in one or more certification categories on the same day.

ATCP 92.21 Note Note: You may obtain exam application forms by writing to:

ATCP 92.21 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.21(3)(c) (c) Whenever the department receives a complete application under par. (b), the department or its agent shall schedule an examination date with the applicant. The examination date shall be not later than 60 days after the date on which the department receives the complete application, unless the applicant agrees to a later date.

ATCP 92.21(4) (4) Certification category. The department may certify an individual in one or more of the device categories for which the central weights and measures association provides examinations.

ATCP 92.21 Note Note: Currently, the Central Weights and Measures Association provides examinations in the following device categories: HB44 general code, retail computing scales, medium capacity scales, livestock scales, vehicle scales, railroad track scales, belt conveyor scales, retail motor fuel dispensers, vehicle tank meters, LPG meters, loading rack meters, and agricultural chemical and mass flow meters.

ATCP 92.21(5) (5) Action on certification. The department shall grant or deny an application under sub. (2) within 45 days after the examination date under sub. (3) (c) except that, if no examination is required under sub. (3), the department shall grant or deny an application under sub. (2) within 45 days after the department receives a complete application.

ATCP 92.21(6) (6) Certification expires. A certification under sub. (1) expires 5 years after the department issues that certification.

ATCP 92.21(7) (7) Denying, suspending, or revoking a certification. The department may deny, suspend, or revoke a certification under sub. (1) for cause, pursuant to s. 93.06 (7), Stats., and ch. ATCP 1. Cause may include a violation of this chapter or ch. 98, Stats.

ATCP 92.21 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03, except (1) eff. 12-31-04; CR 09-105: am. (3) (b) 3. Register December 2010 No. 660, eff. 1-1-11.

ATCP 92.22 ATCP 92.22 Weights and measures service companies; test procedures and equipment.

ATCP 92.22(1) (1) General. Whenever a weights and measures service company installs, services, tests or calibrates a weighing or measuring device, the service company shall do all the following:

ATCP 92.22(1)(a) (a) Comply with this chapter and ch. 98, Stats.

ATCP 92.22(1)(b) (b) Comply with applicable requirements contained in the NIST Handbook 44.

ATCP 92.22 Note Note: The NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) 2016 edition, is on file with the department and the legislative reference bureau. You may purchase copies of this handbook from the U.S. Government Printing Office, Superintendent of Document Sales, P.O. Box 371954, Pittsburgh, PA 15250-7954.

ATCP 92.22(1)(c) (c) Use equipment and standards that comply with sub. (2).

ATCP 92.22(1)(d) (d) Affix a security seal to any adjustment mechanism that is designed to be sealed. The security seal shall identify the weights and measures service company and individual technician by name, initials, or other unique identifiers.

ATCP 92.22(1)(e) (e) Prepare a report according to s. ATCP 92.23.

ATCP 92.22(2) (2) Test equipment and standards. The department, or a laboratory certified by the NIST, shall inspect, test, and approve testing equipment and standards used by weights and measures service companies. The department or certified laboratory shall inspect, test, and approve the equipment at least once every 2 years unless the department specifies a different time interval for specific equipment or standards.

ATCP 92.22 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03; CR 04-005: am. (1) (b) and (note) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (1) (b) Register November 2006 No. 611, eff. 12-1-06; CR 08-075: am. (1) (b) Register April 2009 No. 640, eff. 5-1-09; CR 10-122: am. (1) (b) Register July 2011 No. 667, eff. 8-1-11; CR 13-043: am. (1) (b) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (1) (b), (2) Register May 2015 No. 713, eff. 6-1-15.

ATCP 92.23 ATCP 92.23 Weights and measures service companies; reports.

ATCP 92.23(1) (1) Report required. A weights and measures service company shall prepare a written report whenever it installs, services, tests, or calibrates a weighing or measuring device. The weights and measures technician who performs the work on behalf of the service company shall prepare and sign the report. The report shall include all the following:

ATCP 92.23(1)(a) (a) The name of the device owner or operator, the location of the device, and a uniquely identifying description of the device.

ATCP 92.23(1)(b) (b) The date on which the service company installed, serviced, tested, or calibrated the device.

ATCP 92.23(1)(c) (c) The nature of the work performed on the device.

ATCP 92.23(1)(d) (d) A statement that an inspector had marked or sealed the device as “rejected,” if that is the case. The report shall include the date of the “rejected” mark or seal, if known. The report shall state whether the service company returned the device to service and, if it did return the device to service, the date on which it did so.

ATCP 92.23(1)(e) (e) The level of accuracy and correctness found at the beginning of each test and after any adjustments to the device.

ATCP 92.23(1)(f) (f) A statement clearly indicating whether the device was correct when the service company completed its work. If the service company did not determine whether the device was correct, the report shall indicate that fact.

ATCP 92.23(1)(g) (g) The name of the service company technician who installed, serviced, tested, or calibrated the device.

ATCP 92.23(2) (2) Giving copies. Within 10 days after a weights and measures service company installs, services, tests or calibrates a weighing or measuring device, the service company shall mail or deliver a copy of its report under sub. (1) to each of the following:

ATCP 92.23(2)(a) (a) The owner or operator of the device.

ATCP 92.23(2)(b) (b) The department if the service company returns to service a device rejected by the department.

ATCP 92.23(2)(c) (c) The municipality if the service company returns to service a device rejected by the municipality.

ATCP 92.23(3) (3) Keeping copies. A weights and measures service company shall keep a copy of every report under sub. (1) for at least 2 years after the report is created.

ATCP 92.23 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03.

ATCP 92.24 ATCP 92.24 Prohibited practices. No person who sells, installs, services, tests, or calibrates a weighing or measuring device may do any of the following:

ATCP 92.24(1) (1) Cause the device to be incorrect.

ATCP 92.24(2) (2) Misrepresent that the device is correct.

ATCP 92.24(3) (3) Misrepresent, directly or by implication, that the person has determined whether the device is correct.

ATCP 92.24(4) (4) Fail to comply with this chapter or ch. 98, Stats.

ATCP 92.24(5) (5) Remove any reject tag or mark applied by a state or municipal inspector unless the person first does one of the following:

ATCP 92.24(5)(a) (a) Adjusts the device to bring it into compliance with this chapter and ch. 98, Stats.

ATCP 92.24(5)(b) (b) Obtains express authorization from the department or, if the reject tag or mark was applied by a municipal inspector, from that municipality.

ATCP 92.24 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03.

subch. IV of ch. ATCP 92 Subchapter IV — Vehicle and Livestock Scales

ATCP 92.30 ATCP 92.30 Vehicle and livestock scales; permits, construction, and testing.

ATCP 92.30(1) (1) Vehicle scale; permit required.

ATCP 92.30(1)(a) (a) No person may install or relocate a vehicle scale without a permit from the department.

ATCP 92.30(1)(b) (b) A person shall apply for a permit under par. (a) in writing, on a form provided by the department. The application shall include all of the following:

ATCP 92.30(1)(b)1. 1. A nonrefundable application fee of $65, if the application pertains to a vehicle scale.

ATCP 92.30(1)(b)2. 2. A construction plan for the vehicle scale.

ATCP 92.30(1)(c) (c) An application under par. (b) shall document that the vehicle scale complies with the construction standards in sub. (3).

ATCP 92.30(1)(d) (d) The department shall grant or deny a permit application under par. (b) within 20 business days after the department receives a complete application. The department may deny an application if the applicant begins to install or relocate the vehicle scale while the permit application is still pending approval.

ATCP 92.30 Note Note: A permit application form under sub. (1) (b) may be obtained at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

ATCP 92.30 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.

ATCP 92.30(2) (2) Master construction plan. Instead of filing a separate construction plan with each permit application under sub. (1), an applicant may file a master construction plan which applies to 2 or more applications, and may refer to that master plan in each individual application. If a proposed installation or relocation entails any deviation from the master plan, the individual permit application shall clearly describe every deviation.

ATCP 92.30(3) (3) Vehicle and livestock scales; construction standards. Except as provided under sub. (6) or (9), every vehicle scale and every livestock scale shall comply with the following construction standards:

ATCP 92.30(3)(a) (a) Load–bearing piers. The main load–bearing piers supporting a scale shall be constructed of reinforced concrete. The main load–bearing piers shall be poured so that they are monolithic with the scale walls, or shall be tied to the walls with 1/2 inch (1.2 cm) reinforcing rods.

ATCP 92.30(3)(b) (b) Scale walls.

ATCP 92.30(3)(b)1. 1. The walls of every scale shall be constructed of reinforced concrete. The side walls of every scale, other than a livestock scale constructed prior to January 1, 1992, shall be not less than 12 inches (30 cm) thick. The end walls of every scale shall be not less than 16 inches (40 cm) thick, except that end walls of a livestock scale or above–ground scale shall be not less than 12 inches thick.

ATCP 92.30(3)(b)2. 2. Throughout every scale wall, 1/2 inch (1.2 cm) reinforcing rods shall be placed vertically on no more than 12 inch (30 cm) centers, and horizontally on no more than 18 inch (45 cm) centers.

ATCP 92.30(3)(b)3. 3. A vehicle scale end wall, if poured with seams or joints, shall be constructed with a step at the outer edge to provide support for the vehicle approach slab unless the approach slab consists of reinforced concrete which is poured monolithically with the end wall and joined to the end wall with reinforcing rods. The step shall extend for the entire length of the end wall, and shall be at least 6 inches (15 cm) wide and 6 inches (15 cm) deep.

ATCP 92.30(3)(c) (c) Foundations.

ATCP 92.30(3)(c)1. 1. Load-bearing piers and scale walls shall rest on reinforced concrete footings which extend at least 12 inches (30 cm) below the frost line, or on a reinforced concrete base slab not less than 12 inches (30 cm) thick. Footings and slabs which support load-bearing piers or scale walls shall be constructed according to the manufacturer’s engineering drawings, and shall be constructed to prevent frost heaving.

ATCP 92.30(3)(c)2. 2. Scale pit floors and surfaces underlying above–ground vehicle scales shall be constructed of concrete, and shall be constructed so that they are well drained. The concrete floor or surface shall extend the full length and width of the scale. This subdivision does not apply to above-ground scales constructed prior to January 1, 1992.

ATCP 92.30(3)(c)3. 3. A load-bearing concrete surface underlying an above-ground vehicle scale shall rest on a bed of compacted aggregate which is at least 6 inches (15 cm) thick under every portion of the load-bearing concrete surface, or on an alternative foundation constructed according to the manufacturer’s engineering drawings. This subdivision does not apply to above-ground scales installed prior to January 1, 1992.

ATCP 92.30(3)(d) (d) Top edge of scale wall. The top inside edge of every scale wall shall be framed, for its entire length, with a structural steel angle iron coping. The angle iron shall be at least 2 inches (5 cm) by 2 inches (5 cm) by 1/4 inch (.6 cm), and shall be constructed with welded projections so that it can be anchored in the concrete at approximately 4 foot (1.2 meter) intervals.

ATCP 92.30(3)(e) (e) Clearances around scales.

ATCP 92.30(3)(e)1. 1. In every scale pit, there shall be a clearance of not less than 6 feet (1.8 meters) between the finished floor line of the scale pit and the top edge of the pit coping, or a clearance of not less than 48 inches (1.2 meters) between the finished floor line of the scale pit and the bottom of the load receiving element, the bottom of the beam supporting the load receiving element, or the top of the fully electronic load receiving element. The clearance between the load receiving element and the coping of every scale pit wall shall be not less than 1/2 inch (1.2 cm) and not more than 3/4 inch (1.8 cm).

ATCP 92.30(3)(e)2. 2. In every above-ground vehicle scale, there shall be a clearance of not less than 6 inches (15 cm) between the top surface of the base slab and the bottom of the load receiving element. This subdivision does not apply to above-ground scales constructed prior to January 1, 1992.

ATCP 92.30(3)(e)3. 3. In a scale pit containing a lever–type weighing element, there shall be a clearance of at least 27 inches (70 cm) on one side of the transverse lever between the transverse lever and the pit neck wall.

ATCP 92.30(3)(f) (f) Mechanical indicating elements; support. Mechanical indicating elements, including weigh beams and dials, shall be placed on reinforced concrete footings or metal structural members which are sufficiently strong to prevent deflection.

ATCP 92.30(3)(g) (g) Scale pit entrance. Every scale pit shall include an entrance through which persons may enter the scale pit. The entrance shall take one of the following forms:

ATCP 92.30(3)(g)1. 1. In a scale pit containing a lever–type weighing element, a square opening in the pit neck, with dimensions of at least 22 inches (58 cm) by 22 inches (58 cm).