Chapter SPS 333
PASSENGER ROPEWAYS
Subchapter I — Administration and Enforcement
SPS 333.05 Petition for variance. 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 333.24 Applicable effective date. Ch. SPS 333 NoteNote: Chapter Ind 46 as it existed on June 30, 1984 was repealed and a new chapter ILHR 33 was created effective July 1, 1984; Chapter ILHR 33 as it existed on April 30, 1994 was repealed and a new chapter ILHR 33 was created effective May 1, 1994; Chapter ILHR 33 was renumbered chapter Comm 33 under s. 13.93 (2m) (b) 1., Stats., Register, May, 1998, No. 509; Chapter Comm 33 was repealed and recreated, Register August 2001 No. 548.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. SPS 333.01SPS 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 NoteNote: See s. 101.01, Stats., for the definitions of “place of employment” and “public building”. SPS 333.01 NoteNote: See ANSI B77.1 as adopted in s. SPS 333.17 for the definition of “passenger ropeway”. SPS 333.01 HistoryHistory: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01. SPS 333.02SPS 333.02 Scope. This chapter establishes minimum standards for the design, construction, installation, operation, maintenance and inspection of passenger ropeways. SPS 333.02 HistoryHistory: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01. 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)(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)(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 NoteNote: 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 HistoryHistory: 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 333.05SPS 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 333.06SPS 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 HistoryHistory: 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 333.07SPS 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 NoteNote: 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 NoteNote: 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 HistoryHistory: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01. SPS 333.08(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 333.08(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 333.08(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 333.08 HistoryHistory: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01. SPS 333.10(1)(a)(a) Before commencing the construction, installation or relocation of or addition to a passenger ropeway, plans and specifications for the proposed passenger ropeway shall be submitted to the department for review and approval. SPS 333.10 NoteNote: Plans and specifications are to be submitted to the Department’s Division of Industry Services, Bureau of Field Services, P.O. Box 7302, Madison, WI 53707-7302.
SPS 333.10(1)(b)(b) At least 3 clear, legible and permanent copies of the plans and one copy of the specifications shall be submitted to the department. SPS 333.10 NoteNote: Original drawings are not considered a substitute for permanent copies.
SPS 333.10(1)(c)(c) Plans shall include all of the following applicable information: SPS 333.10(1)(c)3.3. Site plan and profile map showing location of towers, power units, counterweights and pits. SPS 333.10(1)(c)5.5. Details of tower construction mountings, foundations and supports, sheave assemblies and carriages. SPS 333.10(1)(d)(d) The specifications shall be coordinated with the plans and describe the quality of the materials. SPS 333.10(1)(e)(e) All plans submitted for review shall be accompanied by sufficient data and information for the department to determine if the design of the passenger ropeway, the capacity of the equipment, and the performance of the passenger ropeway will conform to the requirements of this chapter. SPS 333.10(2)(a)(a) If the department determines that the plans and the specifications for the proposed passenger ropeway substantially conform to the requirements of this chapter, a written conditional approval shall be granted. All conditions not in compliance with this chapter, which are identified in the conditional approval, shall be corrected before or during construction or installation. A conditional approval issued under this subsection shall not impose any responsibility or liability upon the department for the design or construction of the passenger ropeway. SPS 333.10(2)(b)(b) If the department determines that the plans or the specifications for the proposed passenger ropeway do not substantially conform to the requirements of this chapter, the application for conditional approval shall be denied in writing. SPS 333.10(3)(3) Evidence of plan approval. At least one set of plans bearing the department’s stamp of conditional approval and a copy of the specifications for the passenger ropeway shall be kept at the passenger ropeway site. The plans and specifications shall be open to inspection by the department or a third party independent inspector. SPS 333.10(4)(4) Revocation of approval. The department may revoke any approval, issued under this chapter, for any false statements or misrepresentation of facts on which the approval was based. SPS 333.10(5)(5) Plan review processing time. Pursuant to s. SPS 302.07 (3), the department shall review and make a determination on an application for plan review within 15 business days. SPS 333.11SPS 333.11 Ropeway alterations. Complete information regarding an alteration which affects the design, structural strength or operation of a passenger ropeway or which replaces any piece of major equipment of a passenger ropeway shall be kept at the passenger ropeway site. The information shall be open to inspection by the department or a third party independent inspector. SPS 333.11 NoteNote: Examples of alterations include the ropeway modifications listed in ANSI B77.1 section 1.2.4.4.
SPS 333.11 HistoryHistory: CR 00-132: cr. Register August 2001 No. 548, eff. 9-1-01.
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Chs. SPS 301-399 ; Safety, Buildings, and Environment
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