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SPS 343.17 SPS 343.17Petition 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 SPS 343.18Appeals.
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 SPS 343.19Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 101.02 (12) and 101.10 (4) (a), Stats.
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 343.20Fees. 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.
subch. IV of ch. SPS 343 Subchapter IV — Standards
SPS 343.30 SPS 343.30Adoption 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 42nd 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 343.31Construction 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.
subch. V of ch. SPS 343 Subchapter V — Changes, Additions or Omissions to Adopted Standards
SPS 343.40 SPS 343.40Changes, 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 343.41Scope 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 343.42Definitions [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(2)(a) (a) “Authority having jurisdiction" means the department.
SPS 343.42 History History: Cr. Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.43 SPS 343.43Equipment 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 343.44Pressure 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:
Pressure relief device flow capacity shall conform to the ASME Code requirements for capacity rating.
SPS 343.44(2) (2)Device replacement [k61.1 5.8.16]. This is a department rule in addition to the requirements in K61.1 5.8.16:
In lieu of the expiration date, a relief valve may be used for a total of 5 years if a record is maintained of when it was installed and it was not over 2 years old at the time of installation.
SPS 343.44 History History: Cr. Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.45 SPS 343.45Transfer of liquids [K61.1 5.10].
SPS 343.45(1)(1)Breakaway protection [k61.1 5.10.8.1]. This is a department rule in addition to the requirements in K61.1 5.10.8.1:
All permanent storage installations with systems for filling implements of husbandry or for filling cargo vessels with container capacity of 3500 gallons or less shall have all vapor and liquid risers protected against any break resulting from a pull-away. Each vapor and liquid hose shall have a properly rated excess flow valve, a manual control valve, and a breakaway or shear fitting designed to conform with good engineering practices. For installations existing on November 1, 1999, the breakaway or shear fitting shall be installed by January 1, 2001.
SPS 343.45(2) (2)Working platform. This is a department rule in addition to the requirements in K61.1 5.10:
Where needed, a platform shall be provided to prevent standing on pieces of equipment while connecting or disconnecting hoses. For installations existing on October, 1, 2000, the platform shall be provided by October 1, 2001.
SPS 343.45 History History: Cr. Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.46 SPS 343.46Systems mounted on railcar structures for transportation of ammonia [K61.1 Section 8]. K61.1 section 8 is not included as part of this chapter.
SPS 343.46 Note Note: Regulations covering railcar transportation of anhydrous ammonia are contained in U.S. Department of Transportation, Federal Railroad Administration, Title 49 CFR Parts 200 to 299.
SPS 343.46 History History: Cr. Register, September, 2000, No. 537, eff. 10-1-00.
SPS 343.47 SPS 343.47Systems mounted on trucks, semi-trailers and trailers for transportation of ammonia [K61.1 Section 9]. K61.1 section 9 is not included as part of this chapter.
SPS 343.47 Note Note: Regulations covering highway transportation of anhydrous ammonia are contained in Wisconsin Department of Transportation chs. Trans 305 and 325 to 327.
SPS 343.47 History History: Cr. Register, September, 2000, No. 537, eff. 10-1-00.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.