STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING RULES
CLEARINGHOUSE RULE 15-016
ORDER
An order of the Department of Safety and Professional Services to amend SPS 361.03 (14) (a) and to create SPS 364.0502 (Note) relating to mechanical ventilation systems for minor repair garages.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Under sections 101.02 (1) and (15) (h) to (j) of the Statutes, the Department is required to establish rules and prescribe safeguards for protecting the life, health, safety, and welfare of employees and frequenters of public buildings and places of employment. Under section 101.025 (1) of the Statutes, for any rule that requires intake of outside air for ventilation, the Department is required to specify minimum quantities of outside air which must be supplied based upon the type of occupancy, the number of occupants, any areas with toxic or unusual contaminants, and other pertinent criteria determined by the Department. The Department is also required to set standards where the mandatory intake of outside air may be waived when the owner has demonstrated that the resulting air quality is equivalent to that provided by outdoor ventilation. Under section 101.025 (4) of the Statutes, the Department is required to establish rules setting a maximum rate of leakage allowable from outside-air dampers when the dampers are closed, and maintenance standards for ventilation systems in public buildings and places of employment existing since April 30,1980. The Department also has authority under section 227.11 (2) (a) of the Statutes to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute. Related statute or rule: None
Plain language analysis:
The 2009 International Mechanical Code (IMC) section 502.16 adopted by the Wisconsin Department of Safety and Professional Services requires a ventilation rate of one cubic foot per minute (cfm) per twelve cubic feet (ft3) of shop volume in repair garages servicing vehicles fueled by lighter than air fuels such as natural gas and hydrogen. Generally, the mechanical ventilation system must operate continuously with two exceptions. The air movement in the shop should be as uniform as possible from the floor to the ceiling with inlets uniformly arranged on exterior walls near floor level and outlets at the high point of the room on exterior walls or the roof. These IMC requirements intend to prevent the accumulation of lighter-than-air flammable and combustible gases inside repair garages. The requirements intend to prevent the accumulation of lighter-than-air flammable and combustible gases inside repair garages.
The proposed rules would exempt certain repair garages from the requirements of IMC section 502.16 through the adoption of section 2211.7 of the 2009 International Fire Code (IFC). Section 2211.7 includes an exemption for repair garages where work is not performed on the fuel system and is limited to exchange of parts and maintenance requiring no open flame or welding. Throughout this rule we will refer to the garages exempted in section 2211.7 as minor repair garages. Because IMC 502.16 is controlled by and extracted from the IFC, and the IFC has a more specific requirement, the exception to the IFC would provide an exception to IMC 502.16.
Summary of, and comparison with, existing or proposed federal regulation:
An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulation relating to workplace ventilation, as covered in this update of chapters SPS 361 and 364:
29 CFR 1910.94 – Ventilation. This regulation in the federal Department of Labor contains their occupational safety and health standards relating to ventilation, but does not specifically address compressed natural gas. An Internet-based search of the 2013 and 2014 issues to date of the Federal Register did not find any proposed regulations relating to mechanical ventilation systems as covered in this update of chapters SPS 361 and 364.
Comparison with rules in adjacent states:
Illinois: The Illinois Fire Marshal has adopted the National Fire Protection Agency 101: Life Safety Code, which requires mechanical ventilation for fuel dispensing areas (NFPA 30A 7.5.1, 7.5.2, 7.5.3, and 7.5.4). It only requires that gas detection systems be interlocked with an existing mechanical ventilation system for garages repairing LNG engine fuel systems (NFPA 30 A 7.4.7.2 and 7.4.6.3). The code has no specific requirements for CNG maintenance facilities.
The 2009 IMC and IFC have been adopted with limitations by various local governments in Illinois. Section 2211.7 of the IFC includes an exemption for repair garages where work is not performed on the fuel system and is limited to exchange of parts and maintenance requiring no open flame or welding.
Iowa: The Iowa State Fire Marshal has adopted the 2009 International Fire Code including IFC 2211.7, under 661 IAC 201.2 (1). Section 2211.7 of the IFC includes an exemption for repair garages where work is not performed on the fuel system and is limited to exchange of parts and maintenance requiring no open flame or welding.
Michigan: The 2009 IMC and IFC have been adopted with limitations by various local governments in Michigan. Section 2211.7 of the IFC includes an exemption for repair garages where work is not performed on the fuel system and is limited to exchange of parts and maintenance requiring no open flame or welding.
Minnesota: The Minnesota Department of Labor and Industry has adopted the 2006 International Fire Code including IFC 2211.7 which includes an exemption for repair garages where work is not performed on the fuel system and is limited to exchange of parts and maintenance requiring no open flame or welding (MN R 7511.0090).
