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.
SPS 341.10(2)(e)
(e) Controls and Safety Devices for Automatically Fired Boilers, ASME CSD-1–2009.
SPS 341.10 Note
Note: See section
SPS 341.11 (2) for modifications of ASME CSD-1.
SPS 341.10(3)
(3) National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, OH 43229-1183, telephone 614/888-8320,
www.nationalboard.org. National Board Inspection Code (NBIC), ANSI/NB-23, 2011 edition.
SPS 341.10 Note
Note: See section
SPS 341.11 (1) for modifications of the NBIC.
SPS 341.10(4)
(4) National Fire Protection Association
®, 1 Batterymarch Park, Quincy, MA 02169-7471, telephone 800-344-3555.
Compressed Gases and Cryogenic Fluids Code, NFPA
® 55, 2010 edition.
SPS 341.10 Note
Note: Copies of the listed standards are on file in the offices of the Department and the legislative reference bureau. Copies for personal use may be obtained, at a cost, from the organizations listed.
SPS 341.10 History
History: Cr.
Register, February, 1988, No. 386, eff. 3-1-88; r. and recr. Table 41.10,
Register, February, 1990, No. 410, eff. 3-1-90; am. Table 41.10,
Register, May, 1994, No. 461, eff. 6-1-94; am. Table 41.10,
Register, June, 1996, No. 486, eff. 7-1-96; r. and recr.
Register, February, 2000, No. 530, eff. 3-1-00;
CR 05-025: am. (2) (a), (b) and (c)
Register October 2005 No. 598, eff. 11-1-05;
CR 08-028: am. (2) (a) 1., 2., (b) and (c)
Register November 2008 No. 635, eff. 12-1-08;
CR 11-047: r. and recr.
Register May 2012 No. 677, eff. 6-1-12.
SPS 341.11(1)
(1)
NBIC omissions. The requirements in the following portions of the NBIC are not included as part of this chapter:
SPS 341.11(1)(a)
(a) In part 1 – sections 1, 2.4.1, 2.5.4, 2.10.2, 2.10.6, 3.2.3, 3.4.1, 3.5.3, 3.5.4, 3.7.5.2, 3.7.7.2, 3.7.9.2, 3.8.3, 3.9.4, 3.10, and 5; Figures 3.7.5-d and 3.5.7-e; and Table 3.7.9.2.
SPS 341.11(1)(b)
(b) In part 2 – sections 1.1, 1.2, 1.3, 1.4, 1.4.1, 2.2.12.5, 2.2.12.6, 2.3.5.4, 2.3.6.4, 2.4, 2.5.3, 5.3 and supplement 6.
SPS 341.11(2)(a)(a)
Sections CG-120 and CG-140. ASME CSD-1 does not apply to boilers and burner assemblies with fuel input ratings of 400,000 Btu per hour or less.
SPS 341.11(2)(b)
(b)
Shutdown switch. The requirement in ASME CSD-1 section CE-110 (a) to locate a shutdown switch or circuit breaker just outside the boiler room door is changed to include an alternative of locating the switch or breaker just inside the principal entrance into the room, where approved by the department or authorized agent.
SPS 341.11(3)
(3) Secondary references. Any codes or standards referenced in the standards adopted in
s. SPS 341.10 shall apply to the prescribed extent of each such reference, except as modified by this chapter.
SPS 341.11(4)
(4) Alternate standards. Any alternate standard that is equivalent to or more stringent than a standard incorporated by reference or otherwise referenced under this chapter may be used in lieu of the incorporated or referenced standard if the alternate standard is accepted in writing by the department.
SPS 341.11 History
History: CR 11-047: cr.
Register May 2012 No. 677, eff. 6-1-12.
SPS 341.15
SPS 341.15
General inspection requirements. SPS 341.15(1)(1)
All inspections. Certified inspectors, upon presenting appropriate credentials to the owner or user, may do any of the following:
SPS 341.15(1)(a)
(a) Enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee.
SPS 341.15(1)(b)
(b) Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any employer, owner, operator, agent or employee.
SPS 341.15 Note
Note: Section
101.02 (15) (g) of the Statutes authorizes the Department and its deputies to “enter any place of employment or public building, for the purpose of collecting facts and statistics, examining the provisions made for the health, safety and welfare of the employees, frequenters, the public or tenants therein and bringing to the attention of every employer or owner any law, or any order of the department, and any failure on the part of such employer or owner to comply therewith."
SPS 341.15(2)
(2) Representation. The certified inspector, before making an inspection, shall contact the employer or employer's representative who shall be given an opportunity to accompany the inspector during the physical inspection of any workplace under
sub. (1).
SPS 341.15 Note
Note: The department procedure is not to give advance notice, but in the scheduling and in the act of inspecting it may not always be possible to avoid advance notice or to obtain accompaniment, but otherwise these rules will be diligently observed.
SPS 341.15(3)
(3) An insurance company may provide the inspection services specified in this chapter, in lieu of those services being provided by the department or an authorized agent, only if the company meets all of the following conditions:
SPS 341.15(3)(a)
(a) It is authorized by this state to provide boiler and machinery insurance.
SPS 341.15(3)(b)
(b) It is actively engaged in writing boiler and machinery insurance for the general public.
SPS 341.15(3)(c)
(c) It uses only certified inspectors to perform the inspections.
SPS 341.15(4)(a)(a) The certified inspector's employer shall report to the department not later than 30 calendar days after inspection service is started or discontinued on a boiler or pressure vessel. The reason for discontinuing the service shall be given on the report. If the boiler or pressure vessel is installed in a first class city that provides boiler and pressure vessel inspections, the report shall also be provided to the city.
SPS 341.15(4)(b)
(b) The certified inspector's employer shall report to the department after a boiler or pressure vessel under a service contract becomes inactive or non-existent. Failure to make this report may result in assessment of a fee in accordance with
ch. SPS 302.
