SPS 305.66(6)(b)2.
2. A person who holds a certification as a certified POWTS inspector may apply to the department for waiver of the continuing education requirements under subd.
1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
SPS 305.66 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (5) (c), (6) (a) 2., (b) 2., March, 1998, No. 507, eff. 4-1-98; am. (1) and (4), r. (6) (b), renum. (6) (c) to be (6) (b) and am.,
Register, April, 2000, No. 532, eff. 5-1-00;
CR 03-075: am. (1) and (3), renum. (4) to be (4) (a), cr. (4) (b), r. and recr. (6) (b) 1.
Register June 2004 No. 582, eff. 8-1-04;
CR 08-110: r. and recr. (6) (b) 1.
Register September 2009 No. 645, eff. 10-1-09; correction in (1), (2) (a), (b), (3), (4) (a), (b) (intro.), 1. to 4., (6) (a) 2., (b) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-010: am. (6) (b) 1.
Register August 2014 No. 704, eff. 9-1-14.
SPS 305.68(1)(1)
General. No person may inspect a tank system that is regulated under ch.
ATCP 93, to administer and enforce ch.
ATCP 93, unless the person holds a certification issued by the department of agriculture, trade and consumer protection or the department of safety and professional services as a certified tank system inspector.
SPS 305.68(2)
(2) Application for examination. A person applying to take a tank system inspector certification examination shall submit all of the following:
SPS 305.68(3)
(3) Qualifications for examination. A person applying to take a tank system inspector certification examination shall have completed an approved educational course or training program that included at least 3 days of field exercises, within the 2 years immediately preceding the application.
SPS 305.68(4)
(4) Examination. A person seeking to obtain a tank system inspector certification shall take and pass an examination in accordance with s.
SPS 305.09.
SPS 305.68(5)
(5) Application for certification. Upon notification of successfully passing the examination for a tank system inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss.
SPS 305.01 and
305.09 (7) (c).
SPS 305.68(6)
(6) Responsibilities. A person who inspects tank systems as a certified tank system inspector shall:
SPS 305.68(6)(b)
(b) Issue non-compliance or violation-correction orders and conduct follow-up inspections as necessary to verify correction.
SPS 305.68 Note
Note: Inspectors with authority granted by the local municipality may utilize the respective enforcement procedures as granted by the respective authority.
SPS 305.68(6)(c)
(c) Pursue failure to comply with correction orders through local or department enforcement referral procedures.
SPS 305.68(6)(d)
(d) Maintain a record of the inspections made including the dates and the findings of the inspections.
SPS 305.68(6)(e)
(e) Provide a copy of the inspection report to the owner of the tank system or his or her agent.
SPS 305.68(6)(f)
(f) Make available to the department upon request his or her tank system inspection records.
SPS 305.68 Note
Note: Section
19.32 (2), Stats., considers a record to be material containing written or electromagnetic information. The department will consider computer records to be equivalent to written reports.
SPS 305.68(7)(a)1.1. A person may renew his or her certification as a tank system inspector.
SPS 305.68(7)(b)1.1. The renewal of a certification as a certified tank system inspector shall be contingent upon the inspector obtaining at least 12 hours of acceptable continuing education prior to the expiration date of the certification as specified in s.
SPS 305.08 and Table 305.06, except as provided in subd.
2. SPS 305.68(7)(b)2.
2. A person who holds a certification as a certified tank system inspector may apply to the department for waiver of the continuing education requirements under subd.
1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
SPS 305.68 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (2) (b), r. and recr. (4) and (7) (a),
Register, March, 1998, eff, 4-1-98; am. (1), (5) and (7) (b),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 06-127: am. (1), (3) and (7) (b) 1.,
Register September 2007 No. 621, eff. 10-1-07;
CR 11-020: renum. (6) (a) to (c) to be (d) to (f), cr. (6) (a) to (c),
Register December 2011 No. 672, eff. 1-1-12; correction in (1), (2) (a), (b), (4), (5), (6) (a), (7) (a) 2., (b) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672; corrections in (1), (6) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register October 2013 No. 694;
CR 14-010: am. (7) (b) 1.
Register August 2014 No. 704, eff. 9-1-14.
SPS 305.70(1)(a)(a) Except as provided in par.
(b), pursuant to s.
101.178 (2), Stats., no person, entity, or business may engage or offer to engage in installing or servicing heating, ventilating, or air conditioning equipment, unless the person, entity, or business holds a registration issued by the department as a registered HVAC contractor.
SPS 305.70(1)(b)1.1. A person, entity, or business is not required to hold a registration as a registered HVAC contractor to service existing heating, ventilating, air conditioning, or refrigeration equipment within facilities or properties owned by the person, entity, or business.
SPS 305.70(1)(b)2.
2. A person, entity, or business is not required to hold a registration as a registered HVAC contractor to install or service heating, ventilating, air conditioning, or refrigeration equipment within a dwelling owned by the person, entity, or business and in which the person, entity, or business resides or will reside.
SPS 305.70(1)(b)3.
3. A person, entity, or business is not required to hold a registration as a registered HVAC contractor for electrical or plumbing work associated with the installation or servicing of the HVAC equipment or systems.
SPS 305.70 Note
Note: Pursuant to federal regulations individuals who install or service HVAC equipment involving ozone-depleting refrigerants are required to hold a Type I, II, III, or Universal technician certification issued in accordance with section 608 of the federal Clean Air Act and title
40 CFR part 82, subpart F.
SPS 305.70(2)
(2) Application for registration. A person applying for an HVAC contractor registration shall submit all of the following:
SPS 305.70(3)
(3) Qualifications for registration. The person applying for an HVAC contractor registration shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.
SPS 305.70(4)
(4) Responsibilities. For any HVAC equipment installation that requires a uniform building permit under s.
SPS 320.08, a person, entity or business which holds an HVAC contractor registration may not commence installation of HVAC equipment until a permit is issued for the installation.
SPS 305.70 Note
Note: Chs.
SPS 320 to
325 apply to one- and 2-family dwellings and manufactured dwellings. The department's uniform building permit is issued either by the municipality in which the dwelling is located or by a UDC inspection agency where the municipality does not administer the Uniform Dwelling Code.
SPS 305.70 Note
Note: Section
101.16 (4) (a), Stats., provides that: The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
SPS 305.70(5)(b)
(b) A person, entity or business upon expiration of their registration to handle ozone-depleting refrigerants may renew the registration as an HVAC contractor in accordance with s.
SPS 305.07.
SPS 305.70 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (b) 3.,
Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a), (b) 1., 2. and (2) (b), r. (1) (b) 3. and 4.,
Register, April, 2000, No. 532, eff. 5-1-00;
CR 03-075: renum. (4) to be (5), cr. (4)
Register June 2004 No. 582, eff. 8-1-04;
CR 06-031: r. and recr. (1)
Register October 2006 No. 610, eff. 11-1-06;
CR 08-110: renum. (4) to be (4) (a), cr. (4) (b)
Register September 2009 No. 645, eff. 10-1-09; correction in (2) (a), (b), (4) (a), (b), (5) (a) 2., (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 13-014: r. and recr. (1)
Register September 2013 No. 693, eff. 10-1-13;
CR 19-118: renum. (4) (a) to (4), r. (4) (b)
Register May 2020 No. 773, eff. 6-1-20.
SPS 305.71(1)(a)(a) Pursuant to s.
101.178 (3), Stats., an individual may obtain in accordance with this section an HVAC qualifier certification from the department relative to the business of installing or servicing heating, ventilating or air conditioning equipment.
SPS 305.71(1)(b)
(b) A person or entity who utilizes a person who holds an HVAC qualifier certification under this section shall be deemed to be a certified HVAC business and pursuant to s.
101.178 (3) (c), Stats., may not be required to obtain a local certification, license or other approval in order to engage in the business of installing or servicing heating, ventilating or air conditioning equipment.
SPS 305.71(2)
(2) Application for examination. A person applying to take HVAC qualifier certification examination shall submit all of the following:
SPS 305.71(3)
(3) Qualifications for examination. A person applying for an HVAC qualifier certification examination shall have completed:
SPS 305.71(3)(a)
(a) At least 1000 hours per year for at least 4 years of experience in supervising or performing the design, installation, servicing or maintenance of HVAC systems or equipment;
SPS 305.71(3)(b)
(b) At least 4 years of attendance in a school of mechanical engineering or in an accredited college, university, or technical, vocational or apprenticeship school in an HVAC-related program; or
SPS 305.71(3)(c)
(c) Any combination of 4 years of experience recognized under par.
(a) and education recognized under par.
(b).
SPS 305.71(4)
(4) Examination. A person seeking to obtain an HVAC qualifier certification shall take and pass an examination in accordance with s.
SPS 305.09.
SPS 305.71(5)
(5) Application for certification. Upon notification of the successful passage of the examination for HVAC qualifier certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss.
SPS 305.01 and
305.09 (7) (c).
SPS 305.71(6)
(6) Responsibilities. For any HVAC equipment installation that requires a uniform building permit under s.
SPS 320.08, a person who holds an HVAC qualifier certification may not commence installation of HVAC equipment until a permit is issued for the installation.
SPS 305.71 Note
Note: Chs.
SPS 320 to
325 apply to one- and 2-family dwellings and manufactured dwellings. The department's uniform building permit is issued either by the municipality in which the dwelling is located or by a UDC inspection agency where the municipality does not administer the Uniform Dwelling Code.
SPS 305.71 Note
Note: Section
101.16 (4) (a), Stats., provides that: The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
SPS 305.71(7)(a)
(a) A person may renew his or her HVAC qualifier certification.
SPS 305.71 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (5),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 03-075: renum. (6) to be (7), cr. (6)
Register June 2004 No. 582, eff. 8-1-04; correction in (2) (a), (b), (4), (5), (6), (7) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.73(1)(a)(a) Pursuant to s.
101.16 (3g), Stats., as of August 1, 2009, no person may engage in the business of filling containers with liquefied petroleum gas that is intended to be used directly from the containers as fuel, unless the person holds a license issued by the department as a licensed liquefied gas supplier or liquefied gas supplier — restricted, except as provided under either of the following conditions:
SPS 305.73(1)(a)1.
1. The business is engaged in only filling containers that have a water capacity of less than 4 pounds.
SPS 305.73(1)(a)2.
2. The filling of the containers with liquefied petroleum gas is for the person's or the entity's own use.
SPS 305.73(1)(b)
(b) A person who holds a license as a licensed liquefied gas supplier — restricted shall be limited to filling only department of transportation cylinders with liquefied petroleum gas.
SPS 305.73 Note
Note: Under s.
101.16 (1) (c), Stats., a “department of transportation cylinder" means a container that holds liquefied petroleum gas and that meets the specifications established by the federal department of transportation.
SPS 305.73(2)
(2) Application for license. A person applying for a liquefied gas supplier or a liquefied gas supplier — restricted license shall submit all of the following:
SPS 305.73(3)(a)
(a) A person applying for either a liquefied gas supplier or a liquefied gas supplier — restricted license shall, as required under s.
101.16 (3r) (c), Stats., obtain commercial general liability insurance as an endorsement to an existing policy or as a separate policy from an insurer, or a risk retention group, that is licensed to transact the business of insurance in this state or that is eligible to provide insurance as a surplus lines insurer in one or more states.
SPS 305.73(3)(b)
(b) The person applying for either a liquefied gas supplier or a liquefied gas supplier — restricted license shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.
SPS 305.73(4)(a)
(a) A person who holds either a liquefied gas supplier or liquefied gas supplier — restricted license shall maintain commercial general liability insurance in accordance with s.
101.16 (3r) (a) or
(b), Stats.
SPS 305.73 Note
Note: Except as provided in s.
101.16 (3r) (b), Stats., s.
101.16 (3r) (a), Stats., requires a licensed liquefied gas supplier or liquefied gas supplier — restricted to maintain commercial general liability insurance in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
SPS 305.73 NoteSection
101.16 (3r) (b), Stats., requires a licensed liquefied gas supplier or liquefied gas supplier — restricted who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems to maintain commercial general liability insurance in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
SPS 305.73(4)(b)
(b) Pursuant to s.
101.16 (3r) (g), Stats., a person who holds either a liquefied gas supplier or liquefied gas supplier — restricted license shall notify the department at least 60 days before cancelling or failing to renew commercial general liability insurance.
SPS 305.73 Note
Note: Section
101.16 (3r) (f), Stats., requires a 3rd party that issues commercial general liability insurance to a licensed liquefied gas supplier or liquefied gas supplier — restricted to provide written notice to the licensee and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the insurance.
