Chapter SPS 371

Subchapter I — Administration

SPS 371.01   Purpose.

SPS 371.02   Scope.

SPS 371.03   Application.

Subchapter II — Consumer Evaluation

SPS 371.05   Pre-sale information.

SPS 371.06   Solar inspections.

SPS 371.07   Seal of quality.

Subchapter III — Definitions

SPS 371.10   Definitions.

Subchapter IV — Materials and Workmanship

SPS 371.20   Purpose.

SPS 371.21   General installation requirements.

SPS 371.22   General mechanical requirements.

SPS 371.23   Collectors.

SPS 371.24   Air systems.

SPS 371.25   Liquid systems.

SPS 371.26   Electrical requirements.

SPS 371.30   Photovoltaic solar energy systems.

Subchapter V — Warranty

SPS 371.40   Purpose.

SPS 371.41   System designer’s warranty.

Subchapter VI — Operation and Maintenance Manual

SPS 371.50   Purpose.

SPS 371.51   General requirements.

SPS 371.52   Operation and maintenance manual for active solar energy systems.

SPS 371.53   Operation and maintenance manual for photovoltaic solar energy systems.

Ch. SPS 371 Note Note: Chapter ILHR 71 was renumbered chapter Comm 71 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, July, 1998, No. 511. Chapter Comm 71 was renumbered chapter SPS 371 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

subch. I of ch. SPS 371 Subchapter I — Administration

SPS 371.01 SPS 371.01 Purpose. In accordance with the requirements of s. 101.175, Stats., the purpose of this chapter is to:

SPS 371.01(1) (1) Establish statewide standards for solar energy systems which do not impede the development of innovative systems but which do:

SPS 371.01(1)(a) (a) Promote accurate consumer evaluation of solar energy systems;

SPS 371.01(1)(b) (b) Conform, where feasible, with national performance standards promulgated or recognized by the federal government for solar energy systems; and

SPS 371.01(1)(c) (c) Promote the production, marketing and installation of solar energy systems.

SPS 371.01(2) (2) Establish provisions to issue a seal of quality at the request of any manufacturer or retailer, for each solar energy system or component which meets or exceeds the quality standards, and to charge a fee to cover the cost of the seal and the cost of examining the solar energy system or component.

SPS 371.01 Note Note: See ch. SPS 302 for fees relating to material approvals and inspections.

SPS 371.01(3) (3) Establish quality standards for, but not limited to:

SPS 371.01(3)(a) (a) The minimum requirements of a warranty;

SPS 371.01(3)(b) (b) The minimum requirements of an operation and maintenance manual; and

SPS 371.01(3)(c) (c) Minimum specifications for materials, workmanship, durability and efficiency.

SPS 371.01(4) (4) Provide for the inspection of any solar energy system at the request of any buyer.

SPS 371.01 History History: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

SPS 371.02 SPS 371.02 Scope.

SPS 371.02(1) (1) Promotion of consumer evaluation. The provisions of subch. II-Consumer Evaluation are intended to promote accurate consumer evaluation of solar energy systems by:

SPS 371.02(1)(a) (a) Requiring sellers to disclose information about the quality of the solar energy systems prior to sale;

SPS 371.02(1)(b) (b) Identifying systems with a seal of quality that meet the quality standards specified in this chapter; and

SPS 371.02(1)(c) (c) Providing inspections of solar energy systems upon request by a buyer.

SPS 371.02(2) (2) Promotion of production, marketing and installation. The quality standards contained in subch. III-Definitions, subch. IV-Materials and Workmanship, subch. V-Warranty, and subch. VI-Operation and Maintenance Manual are intended to promote the production, marketing and installation of solar energy systems by:

SPS 371.02(2)(a) (a) Not impeding the development of innovative systems;

SPS 371.02(2)(b) (b) Conforming with national standards;

SPS 371.02(2)(c) (c) Developing minimum requirements for a warranty;

SPS 371.02(2)(d) (d) Developing minimum requirements for an operation and maintenance manual; and

SPS 371.02(2)(e) (e) Not prohibiting the sale of solar energy systems which do not meet the quality standards specified in this chapter.

SPS 371.02 History History: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

SPS 371.03 SPS 371.03 Application.

SPS 371.03(1) (1) Promotion of consumer evaluation. The provisions of subch. II-Consumer Evaluation are mandatory requirements and shall apply as follows:

SPS 371.03(1)(a) (a) The pre-sale disclosure rules shall apply to each sale of a solar energy system with a value of more than $300.

SPS 371.03(1)(b) (b) The seal of quality rules shall apply only to those systems that the manufacturer or retailer elects to have approved by the department.

SPS 371.03(1)(c) (c) The voluntary inspection rules shall apply only to those systems identified as meeting the quality standards specified in this chapter.

SPS 371.03(2) (2) Promotion of production, marketing and installation. The quality standards specified in subch. III-Definitions, subch. IV-Materials and Workmanship, subch. V-Warranty, and subch. VI-Operations and Maintenance Manual are recommended standards and shall apply to those systems the seller identifies on the pre-sale information form as meeting those quality standards.

SPS 371.03 History History: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

subch. II of ch. SPS 371 Subchapter II — Consumer Evaluation

SPS 371.05 SPS 371.05 Pre-sale information.

SPS 371.05(1) (1) Pre-sale form. Prior to the sale of any solar energy system with a value of more than $300, the seller shall furnish to the prospective buyer a completed copy of the “Solar Energy System Pre-Sale Information” form provided by the department.

SPS 371.05 Note Note: The “Solar Energy System Pre-Sale Information” form (SBD-7611) is available at the Department’s Web site at www.dsps.wi.gov through links to Division of Industry Services forms.

SPS 371.05(2) (2) Seller’s responsibility. The seller shall:

SPS 371.05(2)(a) (a) Complete each item on the pre-sale information form;

SPS 371.05(2)(b) (b) Sign and date the pre-sale information form and provide one completed copy to the prospective buyer; and

SPS 371.05(2)(c) (c) Present, written and orally, the information required on the pre-sale information form with the prospective buyer present.

SPS 371.05 History History: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

SPS 371.06 SPS 371.06 Solar inspections. Pursuant to s. 101.175 (7), Stats., the department may, at the request of any buyer, inspect a solar energy system that has been sold and declared to meet the quality standards specified in this chapter. The department shall charge an applicable fee, as specified in ch. SPS 302, for the inspection.

SPS 371.06 History History: Cr. Register, June, 1986, No. 366, eff. 7-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 371.07 SPS 371.07 Seal of quality. Pursuant to s. 101.175 (2), Stats., the purpose of this section is to establish the requirements for the issuance of the seal of quality. Any manufacturer or retailer prior to the sale in this state of any solar energy system or component may request the department to issue a seal of quality for each solar energy system or component which meets or exceeds the quality standards established in this chapter.

SPS 371.07(1) (1) Application for approval. An application for the seal of quality for a solar energy system or component shall be submitted to the department. Upon receipt of a fee and a written request, the department may issue an approval number for the solar energy system or component. The department shall review and make a determination on an application for approval within 30 business days of receipt of all forms, fees, plans and documents required to complete the review.

SPS 371.07 Note Note: See ch. SPS 302 for fees relating to material approval.

SPS 371.07(2) (2) Issuance of approval. An approval number shall be issued if the department determines that the solar energy system or component meets or exceeds the requirements of this chapter.

SPS 371.07(3) (3) Required data. Sufficient data, tests and other evidence to prove that the solar energy system or component meets or exceeds the standards established in this chapter shall be submitted.

SPS 371.07(4) (4) Revocation of approval. The department may revoke any approval issued under this section for any false statements or misrepresentation of facts on which the approval was based.

SPS 371.07(5) (5) Misrepresentation, misuse or duplication. Pursuant to s. 101.175 (6), Stats., misrepresentation, misuse or duplication of the department seal of quality issued under this section shall be deemed deceptive advertising under s. 100.18 (9m), Stats.

SPS 371.07(6) (6) False endorsement. A person may not advertise that the seal of quality issued by the department is an endorsement of the product by the department or the state of Wisconsin.

SPS 371.07 History History: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

subch. III of ch. SPS 371 Subchapter III — Definitions

SPS 371.10 SPS 371.10 Definitions. In this chapter, the following definitions shall apply.

SPS 371.10(1) (1) “Absorber” means that part of a solar collector whose primary function is to absorb radiant energy and transfer it to a fluid. In photovoltaic solar energy systems, the function is to generate electrical energy.

SPS 371.10(2) (2) “Active solar energy system” means any mechanical system which collects solar radiation in the form of thermal energy and uses a heat transfer fluid to transport the thermal energy to meet load requirements or to thermal storage.

SPS 371.10(3) (3) “Air system” means an active solar energy system that uses air as the heat transfer fluid.

SPS 371.10(4) (4) “Approved” means acceptable to the department.

SPS 371.10(5) (5) “Auxiliary energy system” means equipment using non-solar energy sources to supplement or backup the output provided by a solar energy system.