Wisconsin Legislature: ATCP 93.190(6)(c)3.

Madison WI 53708-8911

6. An appeal shall be signed by the person whose legal rights are affected by the decision being appealed or an attorney representing such person. Any appeal filed by a person other than the person whose legal rights are affected by the decision being appealed or an attorney representing that affected person shall be dismissed.

7. The written appeal shall list every reason the department’s or authorized agent’s decision is incorrect and shall identify every issue to be considered at the hearing. Issues not raised in the written appeal under this paragraph are considered waived and shall be dismissed.

(c) Response. Upon receipt of notification of hearing from the department, the affected party shall submit to the department a written response within 15 calendar days of the date of service. Failure to respond within the prescribed time limit or failure to appear at the scheduled hearing may result in the allegations specified in the complaint being accepted as true and accurate.

(d) Settlement agreement prior to hearing.

1. If the department and the affected party are able to reach preliminary agreement on disposition of a complaint prior to a hearing, such agreement shall be processed in accordance with all of the following:

a. Be transmitted in writing to the secretary of the department or the person so designated by the secretary.

b. Not be binding upon any party until accepted by the secretary of the department or the person so designated by the secretary.

2. The settlement agreement shall be considered a joint motion by the parties to dismiss the appeal in its entirety with prejudice or to dismiss such portions of the appeal with prejudice as may be covered by the terms of the settlement agreement.

(e) Witness fees. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court.

(2) Conduct of hearings.

(a) All hearings shall be conducted by persons selected by the department in accordance with ch. 227, Stats.

(b) Persons selected under par. (a) may administer oaths or affirmations and may grant continuances and adjournments for cause shown.

(d) Witnesses may be examined by persons designated by the department.

(e) There shall be no prehearing discovery except as provided in s. 227.45 (7), Stats.

(3) Determinations.

(a) The department may make determinations and enter its order on the basis of the facts revealed by its investigation.

(b) Any determinations as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary of the department.

(4) Appeal arguments. Appeal arguments shall be submitted to the department in writing unless otherwise ordered.

(5) Location of hearings.

(a) All hearings shall be held at a location determined by the department.

(b) Telephone testimony of individual witnesses and telephone hearings may be held at the discretion of the person designated by the secretary as hearing officer.

(6) Hearing transcripts.

(a) All hearings shall be electronically recorded.

(b) Any party may request a copy of the electronic recording.

(c)

1. A transcript of the recorded hearing shall be prepared upon request at the expense of the party requesting the transcript.

2. Copies of transcripts prepared under this subsection shall be provided to the other party or parties upon payment of the actual cost of copying or obtaining a copy of the transcript.

3. The department may require payment in advance.

4. A transcript may be provided at the department’s expense to a party who demonstrates impecuniousness or financial need if that party has filed a petition for judicial review.

5. Where the department contracts with a court reporting firm for the preparation of transcripts, the fees charged for transcription and copying shall be equal to the fees charged to the department by the court reporting firm.

(7) Enforcement action status. Enforcement action shall proceed until such time as an administrative law judge has issued under this subsection a decision overturning or modifying the order.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

Subchapter II — Adopted Standards and General Requirements

ATCP 93.200 Adoption of standards. The standards listed in Tables 93.200-1 to 93.200-11 are incorporated by reference into this chapter.

Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased through the respective organizations listed in Tables 93.200-1 to 93.200-11.

Table 93.200-1

Table 93.200-2

Table 93.200-3

Table 93.200-3j

Table 93.200-3r

Table 93.200-4

Table 93.200-5

Table 93.200-6

Table 93.200-7

Table 93.200-8

Table 93.200-9

Table 93.200-10

Table 93.200-11

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.210 Application of standards.

(1) All flammable, combustible and hazardous liquids, and equipment and facilities that are used to store them shall be designed, constructed, installed, operated, inspected, tested and maintained as specified in the standards adopted in s. ATCP 93.200, as those standards apply to the specific liquid, equipment or facility, except as otherwise provided in this chapter.

(2) All codes and standards referenced in the standards adopted in s. ATCP 93.200 shall apply to the prescribed extent of each such reference, except as modified by this chapter.

(3) Any requirements in the standards adopted in s. ATCP 93.200 that address design and construction of public buildings or places of employment and which conflict with requirements in chs. SPS 361 to 366, are not included as part of this chapter.

Note: In addition to addressing new construction for public buildings and places of employment, chs. SPS 361 to 366 generally require in s. SPS 361.03 (13) that every existing public building or place of employment be maintained to conform with the building code requirements which applied when the building, structure, element, system, or component thereof was constructed.

(4) All fire detection, prevention, suppression and isolation features required by a standard adopted in s. ATCP 93.200 shall be provided as specified in the standard, unless mandated otherwise by chs. SPS 361 to 366, under sub. (3).

(5) All fire detection, prevention, suppression and isolation features that are installed, whether or not they are required by rule or standard, shall be inspected, tested and maintained as required by the applicable standard adopted in s. ATCP 93.200 or by other rules of the department of safety and professional services.

Note: See also ch. SPS 314, Wisconsin Fire Prevention Code, for requirements on the inspection, testing and maintenance of fixed and portable fire protection systems.

(6) Any permit referenced in the standards adopted in s. ATCP 93.200 is not required by this chapter but may be required at the local level if done so through a local ordinance.

Note: For example, the permit referenced in NFPA 30 section 6.5.3.1 for spark-producing operations is not required by this chapter but may be applied through a local ordinance.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.220 Secondary references. For the purposes of this chapter, the department of safety and professional services shall enforce the applicable provisions of the following Wisconsin administrative codes in lieu of the indicated standards that are referenced in the NFPA standards adopted in s. ATCP 93.200:

(1) Boilers and pressure vessels. Chapter SPS 341 in lieu of the ASME Boiler and Pressure Vessel Code.

(2) Building elements. Chapters SPS 361 to 366 in lieu of the following NFPA standards:

(a) NFPA 101®— Life Safety Code®.

(b) NFPA 220 — Standard on Types of Building Construction.

(d) NFPA 5000®– Building Construction and Safety Code®.

Note: In addition to addressing new construction for public buildings and places of employment, chs. SPS 361 to 366 generally require in section SPS 361.03 (13) that every existing public building or place of employment be maintained to conform with the building code requirements which applied when the building, structure, element, system, or component thereof was constructed.

(3) Electrical installations. Chapter SPS 316 in lieu of NFPA 70 — National Electrical Code®.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.225 Alternate standards.

(1) Alternate standards that are equivalent to or more stringent than the standards incorporated by reference in this chapter may be used in lieu of incorporated standards if the alternate standard is approved by the department, or if written approval is issued by the department in accordance with s. ATCP 93.130 or 93.170.

(3) Determination of approval shall be based on an analysis of the alternate standard and the standard referenced in this chapter, prepared by a qualified independent third party or the organization that published the standard contained in this chapter.

(4) The department may include specific conditions in issuing an approval, including an expiration date for the approval. Violations of the conditions under which an approval is issued shall constitute a violation of this chapter.