ATCP 93.200 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
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)(c)
(c) NFPA 221 — Standard for High Challenge Fire Walls, Fire Walls and Fire Barrier Walls.
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(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(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)(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)(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.
ATCP 93.230(4)
(4)
Safety data sheet. Facilities shall have available a safety data sheet for each stored product regulated by this chapter.
ATCP 93.230 Note
Note: The flash point as noted in the safety data sheet will be used to resolve any disputes of the flammability or combustibility classification for the respective liquid product.
ATCP 93.230(5)
(5)
Units of measure. Units of measurement shall be traditional U.S. measures.
ATCP 93.230 Note
Note: An important unit of measure used by this chapter is the U.S. gallon. It is equivalent to 4 U.S. quarts or 3.79 liters.
ATCP 93.230(6)(a)
(a) A Class I liquid may not be used for degreasing or cleaning any engine, machine, part or equipment, or for cleaning any part of a building or premises, except as provided under par.
(b).
ATCP 93.230(6)(b)
(b) Industrial processes that use Class I liquids for degreasing or cleaning shall incorporate a ventilation system to reduce and maintain vapor concentration to less than 25 percent of the lower explosive limit.
ATCP 93.230(7)
(7)
System compatibility. Tank system components and containment systems shall be compatible with the substance stored in the tank system.
ATCP 93.230(8)
(8)
Fire extinguisher maintenance. All portable fire extinguishers shall be maintained in accordance with NFPA 10.
ATCP 93.230(9)(a)
(a) The area around any tank, the area around or within a secondary containment, and the dispensing or transfer area shall be maintained free of vegetation, debris and other material that is not necessary for the operation of the tank, leak or spill containment, or liquid dispensing or transfer.
ATCP 93.230(9)(b)
(b) Portable container storage shall comply with NFPA 30 chapter 15.
ATCP 93.230(9)(c)
(c) All surface area within a 20-foot radius of a storage tank or dispenser shall be maintained free of combustible material and debris, except as allowed for public access motor vehicle fueling operations in ss.
ATCP 93.605 (8) and
93.620 (2).
ATCP 93.230 Note
Note: With the exception of the requirements in ss.
ATCP 93.605 (8) and
93.620 (2), the ability to maintain the combustible material free surface area addressed in this subsection may be limited by land features, landscaping and facility management of adjacent property owners.
ATCP 93.230(10)(a)
(a) All system equipment and components shall be maintained to function to the manufacturer's original specifications, or in the absence of manufacturer's specifications, the designer's or construction contractor's original specifications, and shall be maintained to be leak-free.
ATCP 93.230(10)(b)1.1. At least monthly, except as provided in subd.
2., sumps and secondary containment systems for tanks, piping and dispensers shall be inspected, and any liquids and debris contained shall be removed.
ATCP 93.230(10)(b)2.
2. Sumps with a non-discriminating electronic sensor that detects liquid in the sump shall be inspected at least semiannually unless more frequent inspection is required by PEI RP500 or RP900.
ATCP 93.230(10)(c)
(c) Deficiencies in product lines or structural or transition components that allow for liquid leaks or water intrusion shall be repaired or corrected.
ATCP 93.230(10)(d)
(d) Leak detection, fill and overfill prevention equipment shall be maintained in a functional condition.
ATCP 93.230(10)(e)
(e) Fire and leak prevention and detection equipment installed, but not required by the department's rules, shall be maintained functional or be removed.
ATCP 93.230(10)(f)
(f) Aboveground or underground storage tanks shall be properly maintained as in-use or temporarily out of service or be closed in accordance with s.
ATCP 93.460 or
93.560, unless the requirements in s.
ATCP 93.450 or
93.550 are met for a change in service to store a non-regulated substance.
ATCP 93.230 Note
Note: Section
ATCP 93.115 (3) (a) 7. allows the authorized agent or the department or fire department to shut down the tank system until any breach in the tank system is repaired or otherwise corrected.
ATCP 93.230(11)(a)
(a) When damage has occurred to underground pressurized tank system components or to underground vent and remote fill lines, the affected portion of the tank system shall be removed from service, and the following actions shall be taken before that portion of the system is put back into service, except as provided in par.
(b):
ATCP 93.230(11)(a)4.
4. Perform any additional monitoring, processes, or procedures needed to verify system integrity.
ATCP 93.230(11)(a)6.
6. Notify the authorized agent or the department if the damage resulted in a release.
ATCP 93.230 Note
Note: This notification can be part of the notice that is submitted under s.
ATCP 93.400 (8) (c) or
93.500 (7) (d) when repairs are made because of a release from an AST or UST system.
ATCP 93.230(11)(b)
(b) The actions in par.
(a) 1. to
4. are not required where the damage is limited to dispenser system components that are isolated from the rest of the dispenser or tank system through the use of pressure-retaining components.
