Chapter SPS 341

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(38) (38) “Uniform dwelling code" or “UDC" means chs. SPS 320 to 325.

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means a closed vessel in which water is heated by the combustion of fuels, electricity or other energy source, and withdrawn for use external to the system at pressures not exceeding 160 psig, including the apparatus by which heat is generated and all controls and devices necessary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 [e-mail], 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 341.06 History History: Cr. Register, February, 1988, No. 386, eff. 3-1-88; am. Register, February, 2000, No. 530, eff. 3-1-00; CR 11-047: am. Register May 2012 No. 677, eff. 6-1-12.

SPS 341.07 SPS 341.07  Appeals.

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 SPS 341.09  Enforcement.

SPS 341.09(1) (1) This chapter shall be enforced by the department and its authorized agents, except as provided in s. SPS 341.16 (1) (b) 2. and (3) (b) for one- and 2-family dwellings.

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 [phone], www.api.org. Pressure Vessel Inspection Code, API 510, 9th 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 [phone], 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)(b) (b) Power Piping, ASME B31.1–2010.

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 [phone], 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 [phone]. 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 SPS 341.11  Application of standards.

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(1)(c) (c) In parts 1 and 2 – any reference to using an NBIC form.

SPS 341.11(2) (2) Modifications of asme csd-1.

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.

subch. II of ch. SPS 341 Subchapter II — Inspections

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) (4) Reporting changes.

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.

SPS 341.15(5) (5) Compliance responsibilities.

SPS 341.15(5)(a) (a)

SPS 341.15(5)(a)1. 1. The certified inspector shall provide any inspection report describing any noncompliance with this chapter to the owner or user within 5 business days after completing the inspection.

SPS 341.15(5)(a)2. 2. The certified inspector shall leave a copy of the inspection report on site if a life-safety violation is indicated.

SPS 341.15(5)(b) (b) The owner or user shall correct any aspects that do not comply with applicable requirements of this chapter, within any time period prescribed by the certified inspector or the department.

SPS 341.15 History History: Cr. Register, February, 1988, No. 386, eff. 3-1-88; am. (1) (intro.), (2), Register, October, 1996, No. 490, eff. 11-1-96; cr. (3), Register, February, 2000, No. 530, eff. 3-1-00; CR 05-025: renum. (3) to be (3) (a), cr. (3) (b) Register October 2005 No. 598, eff. 11-1-05; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 11-047: am. (1) (intro.), (a), renum. (3) to be (4) and am., cr. (3), (5) Register May 2012 No. 677, eff. 6-1-12.

SPS 341.16 SPS 341.16  Installation inspections.

SPS 341.16(1) (1)  Boiler and pressure vessel inspections.

SPS 341.16(1)(a) (a)

SPS 341.16(1)(a)1. 1. Except as provided in par. (b), boilers and pressure vessels shall be inspected by a certified inspector before they are placed in operation.

SPS 341.16(1)(a)2. 2. Inspections under this section shall be conducted in accordance with the NBIC.

SPS 341.16(1)(a)3. 3. Inspections under this section where equipment is installed under ASME CSD-1 shall include verification of whether all of the following are available:

SPS 341.16(1)(a)3.a. a. The manufacturer's instructions that are required in ASME CSD-1 sections CG-430 and 510 (c).

SPS 341.16(1)(a)3.b. b. The manufacturer's and contractor's reports that are required in ASME CSD-1 sections CG-510 (a) and (b).