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ATCP 93.190(1)(d)1.1. If the department and the affected party are able to reach preliminary agreement on disposition of a complaint prior to a hearing, such agreement shall be processed in accordance with all of the following:
ATCP 93.190(1)(d)1.a. a. Be transmitted in writing to the secretary of the department or the person so designated by the secretary.
ATCP 93.190(1)(d)1.b. b. Not be binding upon any party until accepted by the secretary of the department or the person so designated by the secretary.
ATCP 93.190(1)(d)2. 2. The settlement agreement shall be considered a joint motion by the parties to dismiss the appeal in its entirety with prejudice or to dismiss such portions of the appeal with prejudice as may be covered by the terms of the settlement agreement.
ATCP 93.190(1)(e) (e) Witness fees. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court.
ATCP 93.190(2) (2)Conduct of hearings.
ATCP 93.190(2)(a)(a) All hearings shall be conducted by persons selected by the department in accordance with ch. 227, Stats.
ATCP 93.190(2)(b) (b) Persons selected under par. (a) may administer oaths or affirmations and may grant continuances and adjournments for cause shown.
ATCP 93.190(2)(c) (c) The affected party shall appear in person and may be represented by legal counsel.
ATCP 93.190(2)(d) (d) Witnesses may be examined by persons designated by the department.
ATCP 93.190(2)(e) (e) There shall be no prehearing discovery except as provided in s. 227.45 (7), Stats.
ATCP 93.190(3) (3)Determinations .
ATCP 93.190(3)(a)(a) The department may make determinations and enter its order on the basis of the facts revealed by its investigation.
ATCP 93.190(3)(b) (b) Any determinations as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary of the department.
ATCP 93.190(4) (4)Appeal arguments. Appeal arguments shall be submitted to the department in writing unless otherwise ordered.
ATCP 93.190(5) (5)Location of hearings.
ATCP 93.190(5)(a)(a) All hearings shall be held at a location determined by the department.
ATCP 93.190(5)(b) (b) Telephone testimony of individual witnesses and telephone hearings may be held at the discretion of the person designated by the secretary as hearing officer.
ATCP 93.190(6) (6)Hearing transcripts.
ATCP 93.190(6)(a)(a) All hearings shall be electronically recorded.
ATCP 93.190(6)(b) (b) Any party may request a copy of the electronic recording.
ATCP 93.190(6)(c)1.1. A transcript of the recorded hearing shall be prepared upon request at the expense of the party requesting the transcript.
ATCP 93.190(6)(c)2. 2. Copies of transcripts prepared under this subsection shall be provided to the other party or parties upon payment of the actual cost of copying or obtaining a copy of the transcript.
ATCP 93.190(6)(c)3. 3. The department may require payment in advance.
ATCP 93.190(6)(c)4. 4. A transcript may be provided at the department's expense to a party who demonstrates impecuniousness or financial need if that party has filed a petition for judicial review.
ATCP 93.190(6)(c)5. 5. Where the department contracts with a court reporting firm for the preparation of transcripts, the fees charged for transcription and copying shall be equal to the fees charged to the department by the court reporting firm.
ATCP 93.190(7) (7)Enforcement action status. Enforcement action shall proceed until such time as an administrative law judge has issued under this subsection a decision overturning or modifying the order.
ATCP 93.190 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
subch. II of ch. ATCP 93 Subchapter II — Adopted Standards and General Requirements
ATCP 93.200 ATCP 93.200 Adoption of standards. The standards listed in Tables 93.200-1 to 93.200-11 are incorporated by reference into this chapter.
ATCP 93.200 Note Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased through the respective organizations listed in Tables 93.200-1 to 93.200-11.
Table 93.200-1 - See PDF for table PDF
Table 93.200-2 - See PDF for table PDF
Table 93.200-3 - See PDF for table PDF
Table 93.200-3j - See PDF for table PDF
Table 93.200-3r - See PDF for table PDF
Table 93.200-4 - See PDF for table PDF
Table 93.200-5 - See PDF for table PDF
Table 93.200-6 - See PDF for table PDF
Table 93.200-7 - See PDF for table PDF
Table 93.200-8 - See PDF for table PDF
Table 93.200-9 - See PDF for table PDF
Table 93.200-10 - See PDF for table PDF
Table 93.200-11 - See PDF for table PDF
ATCP 93.200 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.210 ATCP 93.210 Application of standards.
ATCP 93.210(1)(1)All flammable, combustible and hazardous liquids, and equipment and facilities that are used to store them shall be designed, constructed, installed, operated, inspected, tested and maintained as specified in the standards adopted in s. ATCP 93.200, as those standards apply to the specific liquid, equipment or facility, except as otherwise provided in this chapter.
ATCP 93.210(2) (2) All codes and standards referenced in the standards adopted in s. ATCP 93.200 shall apply to the prescribed extent of each such reference, except as modified by this chapter.
ATCP 93.210(3) (3) Any requirements in the standards adopted in s. ATCP 93.200 that address design and construction of public buildings or places of employment and which conflict with requirements in chs. SPS 361 to 366, are not included as part of this chapter.
ATCP 93.210 Note Note: In addition to addressing new construction for public buildings and places of employment, chs. SPS 361 to 366 generally require in s. SPS 361.03 (13) that every existing public building or place of employment be maintained to conform with the building code requirements which applied when the building, structure, element, system, or component thereof was constructed.
ATCP 93.210(4) (4) All fire detection, prevention, suppression and isolation features required by a standard adopted in s. ATCP 93.200 shall be provided as specified in the standard, unless mandated otherwise by chs. SPS 361 to 366, under sub. (3).
ATCP 93.210(5) (5) All fire detection, prevention, suppression and isolation features that are installed, whether or not they are required by rule or standard, shall be inspected, tested and maintained as required by the applicable standard adopted in s. ATCP 93.200 or by other rules of the department of safety and professional services.
ATCP 93.210 Note Note: See also ch. SPS 314, Wisconsin Fire Prevention Code, for requirements on the inspection, testing and maintenance of fixed and portable fire protection systems.
ATCP 93.210(6) (6) Any permit referenced in the standards adopted in s. ATCP 93.200 is not required by this chapter but may be required at the local level if done so through a local ordinance.
ATCP 93.210 Note Note: For example, the permit referenced in NFPA 30 section 6.5.3.1 for spark-producing operations is not required by this chapter but may be applied through a local ordinance.
ATCP 93.210 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.220 ATCP 93.220 Secondary references. For the purposes of this chapter, the department of safety and professional services shall enforce the applicable provisions of the following Wisconsin administrative codes in lieu of the indicated standards that are referenced in the NFPA standards adopted in s. ATCP 93.200:
ATCP 93.220(1) (1)Boilers and pressure vessels. Chapter SPS 341 in lieu of the ASME Boiler and Pressure Vessel Code.
ATCP 93.220(2) (2)Building elements. Chapters SPS 361 to 366 in lieu of the following NFPA standards:
ATCP 93.220(2)(a) (a) NFPA 101 ®— Life Safety Code®.
ATCP 93.220(2)(b) (b) NFPA 220 — Standard on Types of Building Construction.
ATCP 93.220(2)(c) (c) NFPA 221 — Standard for High Challenge Fire Walls, Fire Walls and Fire Barrier Walls.
ATCP 93.220(2)(d) (d) NFPA 5000 ®– Building Construction and Safety Code®
ATCP 93.220 Note Note: In addition to addressing new construction for public buildings and places of employment, chs. SPS 361 to 366 generally require in section SPS 361.03 (13) that every existing public building or place of employment be maintained to conform with the building code requirements which applied when the building, structure, element, system, or component thereof was constructed.
ATCP 93.220(3) (3)Electrical installations. Chapter SPS 316 in lieu of NFPA 70 — National Electrical Code®.
ATCP 93.220 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.225 ATCP 93.225 Alternate standards.
ATCP 93.225(1)(1)Alternate standards that are equivalent to or more stringent than the standards incorporated by reference in this chapter may be used in lieu of incorporated standards if the alternate standard is approved by the department, or if written approval is issued by the department in accordance with s. ATCP 93.130 or 93.170.
ATCP 93.225(3) (3) Determination of approval shall be based on an analysis of the alternate standard and the standard referenced in this chapter, prepared by a qualified independent third party or the organization that published the standard contained in this chapter.
ATCP 93.225(4) (4) The department may include specific conditions in issuing an approval, including an expiration date for the approval. Violations of the conditions under which an approval is issued shall constitute a violation of this chapter.
ATCP 93.225(5) (5) If the department determines that the alternate standard is not equivalent to or more stringent than the referenced standard, the request for approval shall be denied in writing.
ATCP 93.225(6) (6) The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based.
ATCP 93.225(7) (7) The department may reexamine an approved alternate standard and issue a revised approval at any time.
ATCP 93.225 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) made under s. 35.17, Stats., Register October 2019 No. 766.
ATCP 93.230 ATCP 93.230 General requirements.
ATCP 93.230(1)(1)Application. This section applies to all new and existing tank systems, their appurtenances, and the associated property and facilities.
ATCP 93.230(2) (2)Access.
ATCP 93.230(2)(a)(a) Owners and operators of storage tank systems shall cooperate fully with inspections, monitoring, testing and requests for document submission conducted or required by the authorized agent or the department.
ATCP 93.230(2)(b) (b) Facilities shall have available personnel, keys, codes or other items necessary to provide open access to sumps, dispensers, pumps or areas that contain liquid system valves, controls, connections and fittings for the purpose of inspecting for leaks, functionality of fire safety and leak prevention equipment or verification of proper system operation.
ATCP 93.230 Note Note: Section 93.08, Stats., reads as follows:
ATCP 93.230 Note In performing their duties or in enforcing the laws entrusted to their administration, the department and its authorized agents may do all of the following:
ATCP 93.230 Note (1) Enter, within reasonable hours, any field, orchard, garden, packing ground, building, freight or express office, warehouse, car, vessel, vehicle, room, cellar, storehouse, cold storage plant, packing house, stockyard, railroad yard or any other place of business, which it may be necessary or desirable for them to enter.
ATCP 93.230 Note (2) Open any box, carton, parcel, package or other receptacle, inspect the contents thereof, and, upon payment or tender of the market value, take samples of any product or material contained therein.
ATCP 93.230 Note (3) Inspect products and materials and collect and test samples of them.
ATCP 93.230(3) (3)Releases.
ATCP 93.230(3)(a)(a) Owners and operators and contractors performing work under this chapter may not allow releases to occur from tank systems or dispensing systems, or from spilling or overfilling.
ATCP 93.230(3)(b) (b) Fuel-delivery persons may not allow releases to result from any overfilling or spilling that occurs during their delivery procedure.
ATCP 93.230 Note Note: For further information on industry practices for preventing or detecting releases with aboveground storage systems, and for protecting groundwater, surface water and soil in the event of a liquid release, see API Publication 340 — Liquid Release Prevention and Detection Measures for Aboveground Storage Facilities.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.