SPS 341.04(1)(a)(a) “Alteration," for a boiler or pressure vessel, has the meaning given in NBIC part 3 section 9.1.
SPS 341.04(1)(b)
(b) “Alteration," for power piping or a solid-fuel-fired water-heating appliance, means a change that involves an extension or addition to, or involves the arrangement, type or purpose of, an existing installation or component.
SPS 341.04 Note
Note: The Department will ordinarily accept items approved by a nationally recognized testing laboratory.
SPS 341.04(3)
(3) “ASME code" means the boiler and pressure vessel code published by the American society of mechanical engineers.
SPS 341.04(4)
(4) “Authorized agent" means any of the following or their authorized representatives:
SPS 341.04(4)(a)
(a) A certified inspector who is referred to as enforcing this chapter, in a written contract between an inspection provider and the department.
SPS 341.04(4)(b)
(b) A first class city that has accepted the responsibility to administer and enforce this chapter.
SPS 341.04 Note
Note: As of June 1, 2012, only the City of Milwaukee had accepted the responsibility to administer and enforce this chapter.
SPS 341.04(5)
(5) “Boiler" means a vessel intended for use in heating water or other fluids or for generating steam or other vapors by the application of heat.
SPS 341.04(6)
(6) “Boiler external piping" means piping that is within the scope of section I of the ASME code and is required by section I to have ASME code symbol stamping.
SPS 341.04(7)
(7) “Certified inspector" means a person who holds a valid credential issued by the department
under
ch. SPS 305 as a certified boiler-pressure vessel inspector or a certified in-service field inspector.
SPS 341.04(8)
(8) “Condemned" means a boiler or pressure vessel declared to be unsafe and that has an applied stamping designating its condemnation.
SPS 341.04(9)
(9) “Department" means the department of safety and professional services.
SPS 341.04 Note
Note: Under s.
101.61 (1) Stats., “dwelling" means any building that contains one or 2 dwelling units. “Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
SPS 341.04(11)
(11) “External inspection" means an inspection made while the boiler or pressure vessel is in operation.
SPS 341.04(12)
(12) “First class city" means a city established with that class under s.
62.05, Stats.
SPS 341.04 Note
Note: As of June 1, 2012, only the City of Milwaukee had become a first class city.
SPS 341.04(13)
(13) “High temperature water boiler" means a boiler completely filled with water intended for operation at pressures in excess of 160 psig or temperatures in excess of 250
°F.
SPS 341.04(14)
(14) “Historical boiler" means a steam boiler that is typically of riveted construction and which is preserved, restored or maintained for hobby or demonstration use.
SPS 341.04 Note
Note: Steam locomotives, traction engines, hobby boilers and steam cars are examples of historical boilers.
SPS 341.04(15)
(15) “Hot-water heating boiler" means a boiler in which no steam is generated, from which hot water is circulated for heating or process purposes and then returned to the boiler, and which operates at a pressure not exceeding 160 psig or a temperature of 250
°F at or near the boiler outlet.
SPS 341.04(16)
(16) “Hot-water storage tank" means a tank used to store water that is heated indirectly by a circulating water heater, by steam or hot water circulating through coils, or by other heat exchange methods internal or external to the tank.
SPS 341.04(17)
(17) “Hot-water supply boiler" means a boiler completely filled with water that furnishes hot water to be used externally to itself at pressures not exceeding 160 psig or at temperatures not exceeding 250
°F at or near the boiler outlet.
SPS 341.04(18)
(18) “Internal inspection" means an inspection made when the boiler or pressure vessel is shut down and handholes and manholes or other inspection openings are opened or removed for inspection of the interior as required by the inspector.
SPS 341.04(19)
(19) “Low-pressure steam boiler" means a boiler on which the safety valves are set at pressures not exceeding 15 psig.
SPS 341.04(20)
(20) “Maximum allowable working pressure" means the maximum gage pressure permissible at the top of a completed vessel in its operating position for a designated temperature.
SPS 341.04(21)
(21) “Miniature boiler" means a power boiler or high temperature water boiler that does not exceed any of the following limits:
SPS 341.04(21)(b)
(b) Heating surface of 20 square feet, except for electric boilers.
SPS 341.04(21)(c)
(c) Gross volume of 5 cubic feet, exclusive of casing and insulation.
SPS 341.04(22)
(22) “National Board" means the National Board of Boiler and Pressure Vessel Inspectors.
SPS 341.04(23)
(23) “NRC" means the United States nuclear regulatory commission.
SPS 341.04(24)
(24) “Owner or user" means any person, firm or corporation legally responsible for the safe operation of a boiler or pressure vessel, power piping or a solid-fuel-fired water-heating appliance.
SPS 341.04 Note
Note: Under s.
101.01 (11), Stats., “place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently and any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. “Farming" includes those activities specified in s.
102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for the use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes “place of employment" does not include an adult family home, as defined in s.
50.01 (1), or, except for the purposes of s.
101.11, a previously constructed building used as a community-based residential facility, as defined in s.
50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.
SPS 341.04(26)
(26) “Portable boiler" means an internally fired boiler primarily intended for temporary location and whose construction and usage is of a movable nature.
SPS 341.04(27)
(27) “Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.
SPS 341.04(28)
(28) “Power piping" means any steam piping system beyond the scope of section I of the ASME code and having a maximum allowable working pressure in excess of 15 psig, any hot water piping system beyond the scope of section I of the ASME code and subject to temperatures in excess of 250
°F, or any piping system using an organic or synthetic fluid as a heat-transfer media and subject to temperatures in excess of 250
°F.
SPS 341.04(29)
(29) “Pressure vessel" means a container for the containment of pressure, either internal or external. This pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.
SPS 341.04 Note
Note: Under s.
101.01 (12), Stats., “public building" means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, “public building" does not include a previously constructed building used as a community-based residential facility as defined in s.
50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s.
50.01 (1).
SPS 341.04(31)
(31) “Relief valve" means a pressure-actuated valve which is normally held closed by a spring or other means and which is designed to automatically open enough when needed to prevent internal pressure from exceeding a predetermined level.
SPS 341.04 Note
Note: A relief valve is used primarily for liquid service.
SPS 341.04(32)
(32) “Repair" means work and materials necessary to restore a boiler, pressure vessel, power piping or solid-fuel-fired water-heating appliance to a safe operating condition.
SPS 341.04(33)
(33) “Rupture disk" means a nonmechanical overpressure relief device that releases pressure when its preestablished rating is attained.
SPS 341.04(34)
(34) “Safety relief valve" means an automatic pressure-actuated relieving device suitable for use either as a safety valve or relief valve, depending upon application.
SPS 341.04(35)
(35) “Safety valve" means an automatic pressure relieving device actuated by the static pressure upstream of the valve and characterized by full-opening pop action.
SPS 341.04 Note
Note: A safety valve is used for gas or vapor service.
SPS 341.04(36)
(36) “Secondhand vessel" means a boiler or pressure vessel that has changed location subsequent to the original installation.
SPS 341.04(37)
(37) “Solid-fuel-fired water-heating appliance" means atmospherically vented equipment used to heat water by burning solid fuels, for the purpose of providing space or process heat.
SPS 341.04(39)
(39) “Water heater" means a closed vessel in which water is heated by the combustion of fuels, electricity or other energy source, and withdrawn for use external to the system at pressures not exceeding 160 psig, including the apparatus by which heat is generated and all controls and devices necessary to prevent water temperatures from exceeding 210
°F.
SPS 341.04(40)
(40) “Welding" means the melting together of filler metal and base metal, or of base metal only, that results in coalescence.
SPS 341.04 Note
Note: For further explanation of definitions, see the ASME code section VIII, scope and appendix 3.
SPS 341.04 History
History: Cr.
Register, February, 1988, No. 386, eff. 3-1-88; am. (37),
Register, February, 1990, No. 410, eff. 3-1-90; am. (29),
Register, May, 1994, No. 461, eff. 6-1-94; r. (4), (17), (23), (25), r. and recr. (7),
Register, October, 1996, No. 490, eff. 11-1-96; am. (intro.) and (29),
Register, February, 2000, No. 530, eff. 3-1-00;
CR 05-025: cr. (13m)
Register October 2005 No. 598, eff. 11-1-05;
CR 08-028: renum. (10) to (22), (26), and (32) to (38) to be (11) to (23), (25), (33) to (38) and (40) and am. (16), cr. (10), (26), (32) and (39)
Register November 2008 No. 635, eff. 12-1-08; correction in (7), (9) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672;
CR 11-047: am. (intro.), renum. (1) to be (1) (a) and am., cr. (1) (b), (4), am. (6) to (8), (10), r. (11), renum. (12) to be (11), cr. (12), renum. (13), (14) to (18) to be (40), (13) to (17) and am. (40), r. (19), renum. (20) to (24) to be (18) to (22) and am. (19), (21), (22), cr. (23), renum. (25) to (29) to be (24) to (28) and am. (24), (28), r. (30), renum. (31) to (39) to be (29) to (37) and am. (29), (31), (32), (37), cr. (38), renum. (40) to be (39)
Register May 2012 No. 677, eff. 6-1-12.
SPS 341.05
SPS 341.05
Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with
ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction, and from any first class city having jurisdiction to enforce this chapter.
SPS 341.05 Note
Note: Chapter
SPS 303 requires the submittal of a petition for variance form (SBD-9890X) and a fee, and that an equivalency is established in the petition for variance which meets the intent of the rule being petitioned. Chapter
SPS 303 also requires the Department to process regular petitions within 30 business days and priority petitions within 10 business days.
SPS 341.05 Note
Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay), or at
docsales@doa.state.wi.us, or at no charge at the Department's Web site at
www.dsps.wi.gov through links to Division of Industry Services forms.
SPS 341.05 History
History: Cr.
Register, February, 1988, No. 386, eff. 3-1-88; r. and recr.
Register, February, 2000, No. 530, eff. 3-1-00; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 11-047: am.
Register May 2012 No. 677, eff. 6-1-12.
SPS 341.06
SPS 341.06
Penalties. Penalties for violations of this chapter shall be assessed in accordance with s.
101.02 (12) and
(13) (a), Stats.
SPS 341.06 Note
Note: Section
101.02 (13) (a), Stats., indicates penalties will be assessed against any employer, employee, owner or other person who fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the Department, for which no penalty has been specifically provided, or who fails, neglects or refuses to comply with any lawful order made by the Department, or any judgment or decree made by any court in connection with ss.
101.01 to
101.25, Stats. For each such violation, failure or refusal, such employee, owner or other person must forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each violation.
SPS 341.06 Note
Note: Section
101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the Department will constitute a separate and distinct violation of such order.
SPS 341.07(1)(1)
Appeal of department order. Pursuant to s.
101.02 (6) (e), Stats., any person who owns or occupies a property that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order.
SPS 341.07(2)
(2) Appeal of local order. Pursuant to s.
101.02 (7) (b), Stats., any person affected by a local order that is in conflict with an order of the department may petition the department for a hearing on the local order.
SPS 341.07 Note
Note: Section
101.01 (8), Stats., defines local order as any ordinance, order, rule or determination of any common council, board of alderpersons, board of trustees or the village board, of any village or city, a regulation or order of the local board of health, as defined in s.
250.01 (3), or an order or direction of any official of a municipality, upon any matter over which the Department has jurisdiction.
SPS 341.07(3)
(3) Petition of administrative rule. Pursuant to s.
227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment or repeal of that rule.
SPS 341.07 History
History: Cr.
Register, February, 1988, No. 386, eff. 3-1-88;
CR 11-047: renum. (1), (2) to be (2), (3) and am. (2)., cr. (1)
Register May 2012 No. 677, eff. 6-1-12.
SPS 341.08
SPS 341.08
Fees. Fees for inspections and other services performed by the department shall be submitted to the department as specified in
ch. SPS 302.
SPS 341.08 Note
Note: A first class city may charge the same or other fees for their services. Service contractors who are authorized agents of the Department charge fees that are established in a contract with the Department.
SPS 341.08 History
History: Cr.
Register, February, 1988, No. 386, eff. 3-1-88; am.
Register, December,1992, No. 444, eff. 1-1-93
; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, October, 1996, No. 490;
CR 08-028: renum. to (1), cr. (2)
Register November 2008 No. 635, eff. 12-1-08; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 11-047: renum. (1) to be 341.08 and am., r. (2)
Register May 2012 No. 677, eff. 6-1-12.
SPS 341.09(2)
(2) Where a first class city administers and enforces this chapter, a regulated item or activity shall be directed to or addressed by the city before requesting input from the department.
SPS 341.09 Note
Note: Under section
SPS 341.03 (4), the Department reserves the right to interpret the requirements in this chapter and in all codes and standards adopted herein.
SPS 341.09 History
History: CR 11-047: cr.
Register May 2012 No. 677, eff. 6-1-12.
SPS 341.10
SPS 341.10
Adoption of standards by reference. The following standards, as produced by each listed organization, are hereby incorporated by reference into this chapter, subject to the modifications specified in this chapter:
SPS 341.10(1)
(1) American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005, telephone 202/682-8000,
www.api.org. Pressure Vessel Inspection Code, API 510, 9
th edition, June 2006.
SPS 341.10(2)
(2) American Society of Mechanical Engineers (ASME), Order Department, P.O. Box 2900, Fairfield, NJ 07007-2900, telephone 800/843-2763,
www.asme.org, which produces each of the following:
SPS 341.10(2)(a)
(a) ASME Boiler and Pressure Vessel Code, 2010 edition: Section I – Rules for Construction of Power Boilers, Section II –Materials, Section IV – Rules for Construction of Heating Boilers, Section V – Nondestructive Examination, Section VIII – Rules for Construction of Pressure Vessels, Section IX – Welding and Brazing Qualifications, and Section X – Fiber-Reinforced Plastic Pressure Vessels.
SPS 341.10 Note
Note: Section VI of the ASME code, Recommended Rules for the Care and Operation of Heating Boilers and section VII of the ASME code, Recommended Guidelines for the Care of Power Boilers may be used as reference guides.
SPS 341.10(2)(c)
(c) Safety Standard for Pressure Vessels for Human Occupancy, ASME PVHO-1–2007.
SPS 341.10(2)(d)
(d) Safety Standard for Pressure Vessels for Human Occupancy: In-Service Guidelines for PVHO Acrylic Windows, ASME PVHO-2–2003.
