SPS 305.991 Elevator installers.
SPS 305.992 Elevator mechanic.
SPS 305.993 Elevator mechanic-restricted.
SPS 305.994 Elevator apprentice.
SPS 305.995 Elevator apprentice-restricted.
SPS 305.996 Elevator helpers.
SPS 305.997 Lift mechanic.
SPS 305.998 Lift apprentice.
SPS 305.999 Lift helpers.
Ch. SPS 305 Note
Note: Corrections made in this chapter were made under s. 13.93 (2m) (b) 1., 7. and 14. Stats.,
Register, October, 1996, No. 490 and February, 1997, No. 494. Sections Comm 5.003 (10g), (27y) and (32s), 5.37, 5.38, 5.383, 5.385 and 5.387 were created as emergency rules, effective June 1, 2007, but were not adopted as permanent rules. Chapter Comm 5 was renumbered chapter SPS 305 under s. 13.92 (4) (b) 1., Stats.,
Register December 2011 No. 672.
SPS 305.001
SPS 305.001 Purpose. This chapter is to protect public and employee health, safety, and welfare by establishing minimum standards for the qualifications and responsibilities of persons and businesses that are required or permitted to obtain licenses, certifications, registrations, or enrollment under chs.
101,
145, and
167, Stats.
SPS 305.001 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96;
CR 16-093: am.
Register June 2018 No. 750, eff. 8-1-18.
SPS 305.002
SPS 305.002 Scope. This chapter applies to any person or business engaging or offering to engage in an activity or provide a service for which a license, certification, registration, or enrollment is required or desired under chs.
101,
145, and
167, Stats.
SPS 305.003(2)
(2) “ASME" means American society of mechanical engineers.
SPS 305.003(2m)
(2m) “
ASSE” means American society of sanitary engineering.
SPS 305.003 Note
Note: Under section
145.01 (1), Stats., “automatic fire sprinkler contractor" means any individual, firm or corporation who has paid the annual license fee and obtained a license to conduct a business in the design, installation, maintenance or repair of automatic fire sprinkler systems.
SPS 305.003 Note
Note: Under s.
145.01 (2), Stats., “automatic fire sprinkler system", for fire protection purposes, means an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The system includes a suitable water supply, such as a gravity tank, fire pump, reservoir or pressure tank or connection beginning at the supply side of an approved gate valve located at or near the property line where the pipe or piping system provides water used exclusively for fire protection and related appurtenances and to standpipes connected to automatic sprinkler systems. The portion of the sprinkler system above ground is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area.
SPS 305.003 Note
Note: Under s. 145.01 (3), Stats., “automatic fire sprinkler system apprentice" means any person other than an automatic fire sprinkler system contractor or a journeyman automatic fire sprinkler system fitter who is engaged in learning and assisting in the installation of automatic fire sprinkler systems and who is indentured under ch. 106, Stats. SPS 305.003(6)
(6) “Blasting" means any method of loosening, moving or shattering masses of solid matter by use of an explosive.
SPS 305.003(7)
(7) “Blasting operation" means any enterprise or activity involving blasting.
SPS 305.003(8)
(8) “Branch" means an office, other than the main business office, involved in the sales of manufactured homes that advertises as a sales location, displays new or used homes, takes sales calls, is staffed by licensed salespersons, has signage of a licensed dealer, and accepts offers or contracts on manufactured homes.
SPS 305.003(9)
(9) “Broker" means a manufactured home dealer who has no sales lot, no inventory and no ownership interest in the manufactured homes being sold.
SPS 305.003(10)
(10) “Building permit" means an official document or certificate granting permission to perform construction or erosion control work, except for electrical, plumbing or HVAC, on a one- or 2-family dwelling.
SPS 305.003(11)
(11) “Business establishment" means any industrial or commercial organization or enterprise, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation or association.
SPS 305.003(12)
(12) “Cash price" means the manufactured home dealer asking price including dealer installed options and accessories and additional dealer mark-up, profit and transportation charges, minus the dollar value of cash discounts.
SPS 305.003(13)
(13) “Cathodic protection tester" means a person who demonstrates an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping systems and metal tanks.
SPS 305.003(14)
(14) “Conflict of interest" means a certified inspector inspecting work in which the inspector or the inspector's employer, other than the state or a municipality, has participated or has a monetary or personal interest.
SPS 305.003(16)
(16) “Corrosion expert" means a person who is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience.
SPS 305.003(17)
(17) “Damage" means defects caused by reasons other than normal wear through home age and usage.
SPS 305.003(18)
(18) “Department" means the department of safety and professional services.
SPS 305.003(19)
(19) “Direct supervision" means to assume the responsibility of an activity of others and its results by providing oversight and guidance at the site where the activity is being conducted.
SPS 305.003(20)
(20) “Dwelling contractor" means any person, firm or corporation engaged in the business of performing construction or erosion control work on a one- or 2- family dwelling.
SPS 305.003 Note
Note: Pursuant to s.
101.654 (1) (b), Stats., “dwelling contractor" does not include an owner of a dwelling who resides or will reside in the dwelling.
SPS 305.003(21)
(21) “Electrical construction" means the installation of electrical wiring. “Electrical construction" does not include the maintenance, repair or fabrication of electrical equipment or the installation of electrical wiring and equipment covered by ch.
PSC 114.
SPS 305.003 Note
Note: Under s.
101.80 (1m), Stats., “electrical wiring" means all equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used for the production, modification, regulation, control, distribution, utilization, or safeguarding of electrical energy for mechanical, chemical, cosmetic, heating, lighting, or similar purposes, as specified under the state electrical wiring code. “Electrical wiring" does not include the equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used by a public utility, an electric cooperative, or a wholesale merchant operator for the purpose of generating, transmitting, distributing, or controlling heat, light, power, or natural gas to its customers or members.
SPS 305.003(23)
(23) “Financial statement" means a balance sheet showing assets, liabilities and net worth.
SPS 305.003 Note
Note: Under s.
167.10 (1), Stats., “fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:
SPS 305.003 Note
(a) Fuel or a lubricant.
SPS 305.003 Note
(b) A firearm cartridge or shotgun shell.
SPS 305.003 Note
(c) A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle.
SPS 305.003 Note
(d) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
SPS 305.003 Note
(e) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.
SPS 305.003 Note
(f) A toy snake which contains no mercury.
SPS 305.003 Note
(g) A model rocket engine.
SPS 305.003 Note
(h) Tobacco and a tobacco product.
SPS 305.003 Note
(i) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.
SPS 305.003 Note
(j) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
SPS 305.003 Note
(k) A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive mixture.
SPS 305.003 Note
(L) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.
SPS 305.003 Note
(m) A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in
49 CFR 173.50.
SPS 305.003 Note
(n) A cone fountain that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in
49 CFR 173.50.
SPS 305.003(25)
(25) “General supervision" means to assume the responsibility of an activity of others and its results without being present at the site where the activity is being conducted.
SPS 305.003(26)
(26) “HVAC" means heating, ventilating and air conditioning.
SPS 305.003(27)
(27) “HVAC equipment" means materials, piping, fittings, devices, appliances, apparatus, controls and control wiring used as part of or in connection with permanent heating, ventilating, air conditioning or exhausting systems serving buildings. HVAC equipment does not include residential bathroom fans and kitchen hoods, water heaters, process heating equipment, and space heaters such as masonry fireplaces and chimneys, factory-built fireplaces and venting systems, decorative gas fireplaces, and wood-burning stoves.
SPS 305.003(28)
(28) “Incompetence" means conduct which evidences a lack of competence or ability to discharge the duty required to protect the health, safety and welfare of the public, lack of knowledge of the fundamental principles of a particular trade or practice, or an inability to apply those principles, or failure to maintain competency in the current practices and methods applicable to the activity and the state statutes and rules governing the activity.
SPS 305.003 Note
Note: Under s.
145.01 (6), Stats., “journeyman automatic fire sprinkler fitter" means any person other than an automatic fire sprinkler contractor who is engaged in the practical installation of automatic fire sprinkler systems.
SPS 305.003 Note
Note: Under s.
145.01 (7), Stats., “journeyman plumber" means any person other than a master plumber, who is engaged in the practical installation of plumbing.
SPS 305.003(32)
(32) “Licensee" means any manufactured home dealer or manufactured home salesperson or any person who is both a manufactured home dealer and a manufactured home salesperson.
SPS 305.003(33)
(33) “Lift" means a conveyance device covered under the scope of American Society of Mechanical Engineers (ASME) A18.1a – Safety Standard for Platform Lifts and Stairway Chairlifts.
SPS 305.003 Note
Note: Section
101.16 (1) (b), Stats., reads: “ `Liquefied petroleum gas' means any material which is composed predominantly of, or any mixtures of, any of the following hydrocarbons including their isomers:
SPS 305.003 Note
1. Propane.
SPS 305.003 Note
2. Propylene.
SPS 305.003 Note
3. Butane.
SPS 305.003 Note
4. Butylene.
SPS 305.003 Note
Note: See the note after the definition of “fireworks", sub. (18), for the statutory language of s.
167.10 (1) (e),
(f) and
(i) to
(n).
SPS 305.003(36)
(36) “Main business office" means an office involved in the sales of manufactured homes that is the primary management location of the licensed manufactured home dealer.
SPS 305.003 Note
Note: Under s.
101.91 (2), Stats., “manufactured home" means any of the following:
SPS 305.003 Note
(am) A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under
42 USC 5401 to
5425.
SPS 305.003 Note
(c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.
SPS 305.003(38)
(38) “Manufactured home dealer" has the meaning given in s.
101.91 (3), Stats., except for a person who sells no more than one new or used manufactured home in any one calendar year.
SPS 305.003 Note
Note: Under s.
101.91 (3), Stats., “manufactured home dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in, manufactured homes or who is engaged wholly or partially in the business of selling manufactured homes, whether or not the manufactured homes are owned by the person, but does not include:
SPS 305.003 Note
(a) A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court.
SPS 305.003 Note
(b) Any public officer while performing that officer's official duty.
