Chapter SPS 333

Register December 2011 No. 672

Chapter SPS 333

PASSENGER ROPEWAYS

Subchapter I — Administration and Enforcement

SPS 333.01   Purpose.

SPS 333.02   Scope.

SPS 333.03   Application.

SPS 333.05   Petition for variance.

SPS 333.06   Fees.

SPS 333.07   Penalties.

SPS 333.08   Appeals.

Subchapter II — General Requirements

SPS 333.10   Department review.

SPS 333.11   Ropeway alterations.

SPS 333.12   Inspections and tests.

SPS 333.13   Permit to operate.

SPS 333.14   Owner’s responsibility.

SPS 333.15   Accident reporting.

SPS 333.16   Construction and operation.

SPS 333.17   Incorporation of standards by reference.

Subchapter III — Changes or Additions to or
Omissions from Adopted Standards

SPS 333.20   Changes or additions to or omissions from ANSI B77.1.

SPS 333.21   Scope and purpose [B77.1 1.1, 1.2 and 1.3].

SPS 333.22   Definitions [B77.1 1.4].

SPS 333.23   Electrical.

SPS 333.24   Applicable effective date.

Ch. SPS 333 Note Note: Chapter Ind 46 as it existed on June 30, 1984 was repealed and a new chapter ILHR 33 was created effective July 1, 1984; Chapter ILHR 33 as it existed on April 30, 1994 was repealed and a new chapter ILHR 33 was created effective May 1, 1994; Chapter ILHR 33 was renumbered chapter Comm 33 under s. 13.93 (2m) (b) 1., Stats., Register, May, 1998, No. 509; Chapter Comm 33 was repealed and recreated, Register August 2001 No. 548. Chapter Comm 33 was renumbered chapter SPS 333 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

subch. I of ch. SPS 333 Subchapter I — Administration and Enforcement

SPS 333.01 SPS 333.01 Purpose. Pursuant to ss. 101.02 (1) and 101.17, Stats., the purpose of this chapter is to protect the health, safety and welfare of employees and frequenters in places of employment and public buildings utilizing passenger ropeways.

SPS 333.01 Note Note: See s. 101.01, Stats., for the definitions of “place of employment” and “public building”.

SPS 333.01 Note Note: See ANSI B77.1 as adopted in s. SPS 333.17 for the definition of “passenger ropeway”.

SPS 333.01 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.

SPS 333.02 SPS 333.02 Scope. This chapter establishes minimum standards for the design, construction, installation, operation, maintenance and inspection of passenger ropeways.

SPS 333.02 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.

SPS 333.03 SPS 333.03 Application.

SPS 333.03(1) (1) New installations. This chapter applies to all passenger ropeways installed or constructed on or after November 1, 2012.

SPS 333.03(2) (2) Alterations. This chapter applies to all alterations of and additions to passenger ropeways which affect the passenger ropeway’s design, structural strength or operation or which replace any piece of major equipment on the passenger ropeway. This chapter does not apply to minor repairs necessary for a passenger ropeway’s maintenance.

SPS 333.03(3) (3) Existing installations.

SPS 333.03(3)(a) (a) The applicable operation and maintenance requirements of this apply to passenger ropeways installed or constructed prior to November 1, 2012.

SPS 333.03(3)(b) (b) Unless otherwise specifically stated in this chapter, existing passenger ropeway installations and their components shall be maintained to conform to the passenger ropeway code that applied when the installations or components were installed or altered.

SPS 333.03(4) (4) Standards.

SPS 333.03(4)(a) (a) Where any rule written by the department differs from a requirement within a document referenced in this chapter, the rule written by the department shall govern.

SPS 333.03(4)(b) (b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).

SPS 333.03(4)(c) (c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).

SPS 333.03(5) (5) Interpretations. Under s. 101.02 (1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.

SPS 333.03 Note Note: Section 101.02 (1), Stats., reads as follows: “The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.”

SPS 333.03 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01; CR 12-008: am. (1), renum. (3) to be (3) (a) and am., cr. (3) (b), (4), (5) Register August 2012 No. 680, eff. 11-1-12.

SPS 333.05 SPS 333.05 Petition for variance. The department shall consider and may grant a variance to a nonstatutory 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.

SPS 333.05 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 333.05 Note Note: Form SBD-9890 is available at the Department’s Web site at http://dsps.wi.gov through links to Division of Industry Services forms.

SPS 333.05 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 333.06 SPS 333.06 Fees. Fees for the plan examination, permit to operate, load test and inspection of passenger ropeways shall be submitted to the department as specified in ch. SPS 302.

SPS 333.06 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 333.07 SPS 333.07 Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 101.02 (12) and (13) (a), Stats.

SPS 333.07 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 333.07 Note Note: Section 101.02 (13) (a), Stats., indicates that if any employer, employee, owner, or other person violates ss. 101.01 to 101.599, Stats., or 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 fails, neglects or refuses to obey any lawful order given or made by the department, or any judgment or decree made by any court in connection with ss. 101.01 to 101.599, Stats., for each such violation, failure or refusal, such employer, employee, owner or other person shall forfeit and pay into the state treasury a sum not less than $10 or more than $100 for each such offense.

SPS 333.07 History History: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.