SPS 343.05 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 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 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 343.05 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 343.05 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00; correction in (1) made under s.
13.92 (4) (b) 6., Stats.,
Register December 2011 No. 672.
SPS 343.10
SPS 343.10 Plan examination and approval. SPS 343.10(1)(1)
Department approval. Department plan approval shall be obtained before commencing construction of any new or additional permanent storage installation for anhydrous ammonia.
SPS 343.10(2)
(2) Plans, specifications and information. Plans, specifications and information submitted to the department for review and approval of anhydrous ammonia installations shall contain all of the following:
SPS 343.10(2)(a)
(a) At least 4 sets of plans, which are clear, legible and permanent copies; one copy of specifications; a completed application form; and the required fees.
SPS 343.10(2)(b)
(b) The name of the owner; the name of the person, firm or corporation proposing the construction or installation, if other than the owner; and the address of the installation, including the names of adjacent streets and highways.
SPS 343.10(2)(c)
(c) A plot plan, drawn to a minimum scale of one inch equals 20 feet, indicating the location of the installation with respect to property lines, lot lines, adjoining streets or alleys and other buildings on the same lot or property. The layout of buildings, containers, loading and unloading docks, type of construction of each building and any stream or body of water within 150 feet of the containers shall also be indicated.
SPS 343.10(2)(d)
(d) The location, size and capacity of each system and container.
SPS 343.10(2)(e)
(e) The type of container supports, clearances, type of venting and pressure relief used and combined capacity of all venting and relief valves on each container.
SPS 343.10(2)(f)
(f) A plot plan showing the land use of the area surrounding the proposed site for a distance of 2000 feet.
SPS 343.10(3)
(3) Local approval. Approval of a permanent storage installation site for anhydrous ammonia shall be obtained from the local fire department and shall be verified at the time of plan submittal.
SPS 343.10(4)
(4) Additional approval. Approval of plans is based upon compliance with the requirements of this chapter. Construction, installation and operation of anhydrous ammonia systems may be subject to compliance with additional requirements in state and local building codes, local zoning and similar ordinances.
SPS 343.10(5)
(5) Application for approval. Application for approval of an anhydrous ammonia installation shall be made in writing on form SBD-6038.
SPS 343.10 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
http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 343.10(6)
(6) Application processing time. Pursuant to
s. SPS 302.07 (3), the department shall review and make a determination on an application for installation approval within 15 business days.
SPS 343.10 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00;
CR 06-119: am. (6)
Register July 2007 No. 619, eff. 8-1-07; correction in (6) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 343.11
SPS 343.11 Revisions and modifications. SPS 343.11(1)(a)(a) The changes specified in
par. (b) to previously approved plans for anhydrous ammonia systems before commencement of system operation shall be submitted for review as a revision. Revised plans submitted for review shall include the department plan number for the original plans.
SPS 343.11(1)(b)
(b) Plans shall be submitted to the department for review for changes in tank location or capacity, piping arrangement or material, safety setback clearance, or point of transfer location.
SPS 343.11(2)
(2) Additions and modifications. Additions or modifications to anhydrous ammonia systems after commencement of system operation shall be submitted for review under
s. SPS 343.10 as a new installation. A modification shall include the replacement of parts or components only if they are not identical in function.
SPS 343.11 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00; correction in (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 343.12
SPS 343.12 Revocation of approval. The department may revoke any approval issued under this chapter for any false statements or misrepresentation of facts upon which the approval was based.
SPS 343.12 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.13
SPS 343.13 Departmental limitation and expiration of plan approval. Plan approval by the department or its authorized deputy shall expire one year after the date indicated on the approved plans, if construction has not commenced within that year.
SPS 343.13 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.14
SPS 343.14 Enforcement and inspections. SPS 343.14(1)(1)
Enforcement. This chapter shall be enforced by the department and its deputies, and by all local officials or bodies having jurisdiction to approve plans or specifications or issue permits for construction, alterations or installations within the scope of this chapter or having authority to investigate and eliminate related fire hazards.
SPS 343.14 Note
Note: Local jurisdictional authorities may also conduct inspections in addition to those of the department.
SPS 343.14(2)(b)
(b) The installer shall notify the inspector of the department district in which the installation is located at least 5 business days prior to the start of construction to arrange for the inspection.
SPS 343.14 Note
Note: The district inspector is indicated on the conditional approval letter.
SPS 343.14(2)(c)
(c) Anhydrous ammonia systems which do not require approval under
s. SPS 343.10 may be inspected by local jurisdictional authorities to verify compliance with this chapter.
SPS 343.14(3)
(3) Periodic inspections. Permanent storage tanks for anhydrous ammonia exceeding 2000 gallons water capacity and all anhydrous ammonia nurse tanks located at storage facilities shall be inspected by the department at least once every 3 years.
SPS 343.14 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00; correction in (2) (a), (c) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 343.15(1)
(1) The owner or user of an anhydrous ammonia tank which requires periodic inspections under
s. SPS 343.14 (3) shall be responsible for obtaining and maintaining a valid permit to operate.
SPS 343.15(2)
(2) After each initial or periodic inspection, a permit to operate shall be issued by the department upon determination that the system meets the applicable requirements of this chapter. The department shall make that determination and issue a permit to operate within 15 business days of the inspection.
SPS 343.15(3)
(3) The permit to operate shall be valid until the next required periodic inspection.
SPS 343.15 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 343.16
SPS 343.16 Accident reporting. Whenever an accident occurs that relates to the operation an anhydrous ammonia installation and causes personal injury requiring professional medical attention, the owner or operator shall report the facts involved to the department within 2 business days.
SPS 343.16 Note
Note: Accidents may be reported by calling the department district inspector where the installation is located or the department's Waukesha office at 262/548-8617 during normal business hours. The State Division of Emergency Management can be contacted at 800/943-0003 during nonbusiness hours.
SPS 343.16 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.17
SPS 343.17 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 a position statement from the fire department having jurisdiction.
SPS 343.17 Note
Note: Chapter
SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that 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 343.17 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 343.18(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 343.18(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 343.18(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 the rule.
SPS 343.18 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.19 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 343.19 Note
Note: Section
101.10 (4) (a), Stats., states that Any person who violates a rule of the department promulgated under sub. (2) may be required to forfeit not less than $10 nor more than $100 for each violation.
SPS 343.19 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00;
correction made under s. 13.93 (2m) (b) 7., Stats.,
Register October 2002 No. 562.
SPS 343.20
SPS 343.20 Fees. Fees for the plan examination, permit to operate and inspection of anhydrous ammonia systems shall be submitted as specified in
ch. SPS 302.
SPS 343.20 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 343.30
SPS 343.30 Adoption of standards by reference. SPS 343.30(1)(1)
Consent. Pursuant to s.
227.21, Stats., the attorney general and the revisor of statutes have consented to the incorporation by reference of the American National Standard Safety Requirements for the Storage and Handling of Anhydrous Ammonia, ANSI K61.1-1999.
SPS 343.30(2)
(2) Incorporation. The American National Standard Safety Requirements for the Storage and Handling of Anhydrous Ammonia, ANSI K61.1-1999, subject to the changes, additions and omissions specified in subch.
V, is hereby incorporated by reference into this chapter.
SPS 343.30 Note
Note: Copies of the ANSI K61.1 standard can be purchased from the American National Standards Institute, Customer Service, 11 West 42
nd Street, New York, NY 10036, or from the ANSI web site
http://webstore.ansi.org, or from Global Engineering Documents, Customer Support A105, 15 Iverness Way, Englewood, CO 80112, telephone 800/624-3974, web site
http://global.ihs.com.
SPS 343.30 Note
Note: Copies of standards incorporated by reference are on file in the offices of the department and the legislative reference bureau.
SPS 343.30 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.31
SPS 343.31 Construction and operation. All anhydrous ammonia installations shall be designed, installed, maintained and operated in accordance with the ANSI K61.1 standard incorporated by reference in
s. SPS 343.30, subject to the changes, additions and omissions specified in subch.
V.
SPS 343.31 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 343.40
SPS 343.40 Changes, additions or omissions to ANSI K61.1. Changes or additions to or omissions from the ANSI K61.1 standard are specified in this subchapter and are rules of the department and are not requirements of the ANSI K61.1 standard.
SPS 343.40 Note
Note: The referenced K61.1 rule number, located in brackets, follows the SPS section number and title and precedes the text of the rule.
SPS 343.40 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.41
SPS 343.41 Scope and general [K61.1 1.1 and 1.2]. K61.1 Rule 1.1 and Rule 1.2 are not included as part of this chapter.
SPS 343.41 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.42
SPS 343.42 Definitions [K61.1 Section 2]. SPS 343.42(1)
(1)
Additions. The following are department definitions in addition to the definitions in K61.1 section 2:
SPS 343.42(1)(a)
(a) “Secondhand" means having changed location subsequent to the original installation.
SPS 343.42(2)
(2) Substitutions. The following department definitions are substitutions for the respective definitions in K61.1 section 2:
SPS 343.42 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.43
SPS 343.43 Equipment and systems [K61.1 5.1]. This is a department rule in addition to the requirements in K61.1 5.1:
Except for the hydrostatic pressure test requirements, secondhand anhydrous ammonia tanks shall comply with
ch. SPS 341, subch. VII.
SPS 343.43 History
History: Cr.
Register, September, 2000, No. 537, eff. 10-1-00; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 343.44
SPS 343.44 Pressure relief devices [K61.1 5.8]. SPS 343.44(1)(1)
Flow capacity [k61.1 5.8.1]. This is a department rule in addition to the requirements in K61.1 5.8.1:
