SPS 307.20(10)(b)
(b) With respect to which, because of property ownership, an employment relationship or an agreement with the property owner, the operator can take reasonably adequate measures to exclude or to assure the safety of persons and property.
SPS 307.20(11)
(11) “Department" means the department of safety and professional services.
SPS 307.20(12)
(12) “Explosive" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion unless the compound, mixture or device is otherwise classified by the department by rule.
SPS 307.20(13)
(13) “Explosive materials" means explosives, blasting agents and detonators. The term includes, but is not limited to, dynamite and other high explosives, slurries, emulsions, water gels, blasting agents, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters.
SPS 307.20 Note
Note: Section
167.10 (6m) (a), Stats., states that a person must have a fireworks manufacturing license in order to manufacture fireworks or a device listed under s.
167.10 (1) (e),
(f) or
(i) to
(n), Stats.
SPS 307.20 Note
Note: Under s.
167.10 (1) (intro.), Stats., “fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use. Section
167.10 (1) (e),
(f) and
(i) to
(n), Stats., reads as follows:
SPS 307.20 NoteSection
167.10 (1) (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 307.20 Note
(f) A toy snake which contains no mercury.
SPS 307.20 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 307.20 Note
(j) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
SPS 307.20 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 307.20 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 307.20 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 307.20 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 307.20(15)
(15) “Flyrock" means rock that is propelled through the air from a blast.
SPS 307.20(16)
(16) “Ground vibration" means a shaking of the ground caused by the elastic wave emanating from a blast.
SPS 307.20(17)
(17) “Inhabited building" means a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosive materials.
SPS 307.20(17m)
(17m) “Municipality" means a city, village, or town in this state.
SPS 307.20(18)
(18) “Operator" means the person who is responsible for the operation at a mine, pit, quarry, or construction site where blasting activity occurs.
SPS 307.20(19)
(19) “Particle velocity" means any measure of ground vibration describing the velocity at which a particle of ground vibrates when excited by a seismic wave.
SPS 307.20(20)
(20) “Person" means any individual, corporation, company, association, firm, partnership, society or joint stock company.
SPS 307.20(21)
(21) “Unreasonable annoyance" means an excessive, repeated noise, action, or other disturbance caused by use of explosive materials that is not in compliance with the standards under this chapter.
SPS 307.20 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08; correction in (11) made under s.
13.92 (4) (b) 6., Stats.,
Register December 2011 No. 672;
CR 17-034: cr. (15m), (17m), am. (21), Register March 2018 No. 747 eff. 4-1-18.
SPS 307.21
SPS 307.21 Adoption of standards. NFPA 495, Explosive Materials Code, 2013, subject to the modifications specified in this chapter, is hereby incorporated by reference into this chapter.
SPS 307.21 Note
Note: A copy of NFPA 495, Explosive Materials Code is on file in the offices of the department and the legislative reference bureau. Copies of NFPA 495, Explosive Materials Code, may be purchased from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA, 02169-7471.
SPS 307.30
SPS 307.30 General. The use of explosive materials for blasting shall be executed in accordance with NFPA 495 chapter 10.
SPS 307.30 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08.
SPS 307.31
SPS 307.31 Changes, additions or omissions to NFPA 495. SPS 307.31(1)(1) Changes, additions or omissions to NFPA 495 chapter 10 are specified in this subchapter and are rules of the department and are not requirements of the NFPA 495 standard.
SPS 307.31(2)
(2) These are department rules in addition to the requirements in NFP A 495 section 10.1.4:
SPS 307.31(2)(a)
(a)
Blaster requirements. When blasting operations are conducted in a municipality, the shots shall be designed and initiated by a properly licensed Class 5, 6, or 7 blaster.
SPS 307.31 Note
Note: See ch.
SPS 305 for blaster license requirements and classifications.
SPS 307.31(2)(b)1.1. Any person conducting blasting operations in a municipality at a location other than a mine, pit, or quarry shall notify the department, local fire department, and local law enforcement agency of the first date on which blasting is scheduled and the location of the blasting operation. Notification shall be made on forms provided by the department and occur at least 10 days prior to the first date on which blasting is scheduled. Unless notification of subsequent blasting is requested by the local fire department or local law enforcement agency or required by municipal ordinance, only one initial notice is required under this subdivision.
SPS 307.31(2)(b)2.
2. Each calendar year before annual blasting begins at a mine, pit, or quarry located in a municipality, the person conducting blasting operations shall notify the department that blasting is about to begin. Notification shall be made on forms provided by the department and occur at least 10 days prior to the date on which blasting is scheduled to begin. Unless notification of annual or subsequent blasting is requested by the local fire department or local law enforcement agency or required by municipal ordinance, only one initial notice to the department each calendar year is required under this subdivision.
SPS 307.31 Note
Note: A notice of blasting form is available from the department's Division of Industry Services at P.O. Box 7302, Madison, WI 53707-7302; by email at
dsps@wisconsin.gov; by telephone at (608) 266-2112, (877) 617-1565, or 411 (Telecommunications Relay); or at the division's website at
http://dsps.wi.gov/programs/industry-services.
SPS 307.31(3)
(3) These are department rules in addition to the requirements in NFPA 495 section 10.2:
SPS 307.31(3)(a)
(a) Explosive materials used in underground blasting shall be fume class 1; however, fume class 2 and fume class 3 may be used if adequate ventilation has been provided as determined by the blaster in charge.
SPS 307.31 Note
Note: Fume class 1 explosives produce less than 0.16 cubic feet of poisonous gases per 1-1/4 x 8" cartridge when detonated in the Bichel Gauge.
SPS 307.31(3)(b)
(b) All blast holes in open work shall be stemmed to the collar or to a point which will confine the charge.
SPS 307.31(4)
(4) These are department rules in addition to the requirements in NFPA 495 chapter 10:
SPS 307.31(4)(a)
(a)
Required log. A blasting log shall be required for each blast fired.
SPS 307.31(4)(b)
(b)
Filing and availability. All blasting logs shall be kept on file by the blaster for a minimum period of 3 years, and shall be made available to the department upon request.
SPS 307.31(4)(c)
(c)
Information. Each blasting log shall contain at least all of the following information:
SPS 307.31(4)(c)1.
1. Name, signature and license number of the blaster in charge of the blast.
SPS 307.31(4)(c)2.
2. Specific blast location, including GPS location or latitude and longitude coordinates, address, and bench and station number if applicable.
SPS 307.31(4)(c)18.
18. Seismographic and airblast records, which shall include all of the following:
SPS 307.31 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 17-034: am. (2) (intro.), (a), renum. (2) (b) to (2) (b) 1. and am., cr. (2) (b) 2., am. (4) (c) 2., Register March 2018 No. 747 eff. 4-1-18.
SPS 307.40
SPS 307.40 Regulation of blasting resultants. Pursuant to s.
101.15 (2) (e), Stats., the purpose of this subchapter is to provide for the establishment of uniform limits on permissible levels of blasting resultants to reasonably assure that blasting resultants do not cause injury, damage or unreasonable annoyance to persons or property outside any controlled blasting site area.
SPS 307.40 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08.
SPS 307.41(1)(a)(a) At least 24 hours prior to initial blasting at a blast site, the blaster in charge shall make a reasonable effort to notify in writing or verbally all residents or owners of affected dwellings or other structures, as determined under sub.
(2), that a blasting operation is to begin. The blaster in charge shall offer to perform a preblasting survey for the residents or owners. If a resident or owner requests a copy of the preblasting survey, the blaster in charge shall provide a copy for not more than the actual cost of the copy within 48 hours of the request. Except as provided under
pars. (b) and
(c), only one initial preblasting survey is required for a blast site.
SPS 307.41(1)(b)
(b) The blaster in charge shall offer to perform a preblasting survey for the residents or owners of any dwelling or other structure that becomes an affected dwelling or other structure, as determined under
sub. (2), after the initial preblasting survey under
par. (a) is performed.
SPS 307.41(1)(c)
(c) The blaster in charge shall offer to perform a preblasting survey for the residents or owners of an affected dwelling or other structure, as determined under
sub. (2), constructed or renovated after the initial preblasting survey under
par. (a) is performed.
SPS 307.41 Note
Note: A preblasting survey provides a baseline record of the pre-existing condition of a structure against which the effects of blasting can be assessed, and it should include the interior and exterior of the buildings.
SPS 307.41(2)
(2) Affected buildings. Affected dwellings or other structures shall be determined based on the scaled-distance equation, W = (D/Ds)
2. Using a scaled-distance factor Ds of 55, affected dwellings or other structures shall be those located within the distance D of the controlled blasting site area for the weight per delay W of explosives to be used.
SPS 307.41 Note
Note: An example calculation to determine D is as follows: For 4 pounds of explosives, D = Ds(W)1/2 = 55 (4)1/2 = 110 feet.
SPS 307.41 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 17-034: renum. (1) to (1) (a) and am., cr. (1) (b), (c), Register March 2018 No. 747 eff. 4-1-18.
SPS 307.42
SPS 307.42 Blasting schedules. All surface blasting shall be conducted between sunrise and sunset, unless one of the following conditions applies:
SPS 307.42(1)
(1) More restrictive time periods are specified by the department.
SPS 307.42(2)
(2) The blasting is approved by the department based on a showing by the operator that the public will not be adversely affected by noise and other impacts.
SPS 307.42 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08.
SPS 307.43
SPS 307.43 Instrumentation. All seismographs used to determine compliance with this subchapter shall meet the following minimum specifications:
