reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter III - Administration and Enforcement › Section SPS 345.30 - Installation registration

Current through June 24, 2024
(1)
					 CLASSIFICATIONS. Any installation of the following mechanical refrigeration
					 systems or components thereof shall be registered with the department:
(a) Any system using a Group A1 or B1
					 refrigerant and having a capacity rated at or greater than 50 horsepower, 50
					 tons or 50,000 volt-amperes.
(b)
					 Any system using a Group A2, B2, A3 or B3 refrigerant and having a capacity
					 rated at or greater than 10 horsepower, 10 tons or 10,000
					 volt-amperes.
(c) Any alteration of
					 a mechanical refrigeration system, that causes the system to have or exceed the
					 capacity in par. (a) or (b).
(d)
					 Any alteration or repair of a currently registered mechanical refrigeration
					 system.
Note:
See normative appendix C in
						ANSI/ASHRAE standard 15, as adopted in subchapter IV, for characteristics of
						the refrigerant safety groups listed in paragraphs (a) and (b). For
						characteristics of individual refrigerants, such as the safety groups they are
						assigned to, see Tables 1 and 2 in ANSI/ASHRAE standard 34, as referenced in
						appendix E of ANSI/ASHRAE standard 15.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter III - Administration and Enforcement › Section SPS 345.31 - Enforcement and inspections

Current through June 24, 2024
(1) ENFORCEMENT.
(a) This chapter shall be enforced by the
					 department and its authorized agents.
Note:
Section
						101.02(15)
						(g) of the Statutes authorizes the Department
						and its authorized agents to enter any building, facility or premises and
						examine any mechanical refrigeration system or component and associated records
						for the purpose of enforcing this chapter.
(b) Where an authorized agent administers and
					 enforces this chapter in conjunction with the department, the authorized
					 agent's administration and enforcement shall be exercised in advance of the
					 department's administration and enforcement.
Note:
Under section
						SPS
						345.11(5), the department reserves
						the right to interpret the requirements in this chapter and in all adopted
						codes and standards.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter III - Administration and Enforcement › Section SPS 345.32 - Permit to operate

Current through June 24, 2024
(1)
(a)
1. Within 5 business days after completing an
					 inspection, the authorized agent or the department shall determine whether the
					 mechanical refrigeration system complies with the applicable requirements of
					 this chapter.
2. For each
					 inspection performed by an authorized agent, a report shall be sent to the
					 department in accordance with the department's electronic data interchange
					 transfer guidelines, within 5 business days after completing the inspection,
					 unless additional time is authorized by the department.
Note:
The Department will provide
						assistance at no charge regarding the use of the electronic data interchange
						system. The guidelines are available on the Internet at
http://dsps.wi.gov/SB/docs/SB-BoilerEdiGuidelines.pdf
.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter III - Administration and Enforcement › Section SPS 345.33 - Reporting of accidents

Current through June 24, 2024
If a mechanical refrigeration system component fails and
						causes injuries to any person that require more than first aid treatment, the
						owner or user shall report the facts involved to the department within the
						following 24 hours. The owner or user may not remove or disturb the mechanical
						refrigeration system or any of its components nor permit any such removal or
						disturbance prior to receiving authorization from the authorized agent or the
						department, except for the purpose of saving human life or preventing property
						damage.
The address for reporting accidents to the Department
						  is the Division of Industry Services, Mechanical Refrigeration Program, P.O.
						  Box 7302, Madison, WI 53707-7302; and the fax number is 608-283-7420.
The Department can be contacted at 608-266-7548 during
						  normal business hours. The State Division of Emergency Management can be
						  contacted at 800-943-0003 during non-business hours.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter III - Administration and Enforcement › Section SPS 345.34 - Petition for variance

Current through June 24, 2024
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 over the affected property, and from any authorized agent having
						jurisdiction.
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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter III - Administration and Enforcement › Section SPS 345.35 - Compliance responsibilities

Current through June 24, 2024
(1)Any inspection
					 report describing any noncompliance with this chapter shall be provided to the
					 owner of the mechanical refrigeration system.
(2)The owner of a mechanical refrigeration
					 system shall correct any aspects of the system that do not comply with
					 applicable requirements of this chapter, within any time period prescribed by
					 the authorized agent or the department.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter III - Administration and Enforcement › Section SPS 345.36 - Appeals

Current through June 24, 2024
(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.
(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.
(3)PETITION FOR 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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter III - Administration and Enforcement › Section SPS 345.37 - Penalties

Current through June 24, 2024
Penalties for violations of this chapter shall be
						assessed in accordance with s.
						101.02(12)
						and (13) (a), Stats.
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.
Section
						  101.02(13)
						  (a), Stats., indicates penalties will be
						  assessed against any employer, employee, owner or other person who 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 who
						  fails, neglects or refuses to comply with any lawful order 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 employee, owner or
						  other person must forfeit and pay into the state treasury a sum not less than
						  $10 nor more than $100 for each violation.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter III - Administration and Enforcement › Section SPS 345.38 - Fees

Current through June 24, 2024
Fees for permits to operate, inspections and petitions
						for variance shall be submitted as specified in ch. SPS 302.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter IV - Standards › Section SPS 345.40 - Design, construction and operation

Current through June 24, 2024
(1) ADOPTION.
(a) ANSI/ASHRAE standard 15-2007 and its
					 addenda a to i, subject to the modifications specified in subch. V, are hereby
					 incorporated by reference into this chapter.
(b) ANSI/IIAR 2-2008, subject to the
					 modifications specified in subch. VI, is hereby incorporated by reference into
					 this chapter.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter V - Changes, Additions or Omissions to ANSI/ASHRAE Standard 15 › Section SPS 345.500 - General

Current through June 24, 2024
Changes, additions or omissions to ANSI/ASHRAE standard
						15 are specified in this subchapter and are rules of the department and are not
						requirements of ANSI/ASHRAE standard 15.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter V - Changes, Additions or Omissions to ANSI/ASHRAE Standard 15 › Section SPS 345.501 - Scope

Current through June 24, 2024
The requirements of ANSI/ASHRAE standard 15 sections 1
						and 2 are not included as part of this chapter.
The sections in this subchapter are generally numbered
						  to correspond with both the numbering of the subchapter and the section
						  numbering in ANSI/ASHRAE standard 15. For example, section
						  SPS 345.511
						  corresponds to subchapter 5 and to section 11 in ANSI/ASHRAE standard 15.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter V - Changes, Additions or Omissions to ANSI/ASHRAE Standard 15 › Section SPS 345.503 - Definitions

Current through June 24, 2024
This is a department definition for this chapter in
						addition to the definitions in ANSI/ASHRAE standard 15 section 3: "Authority
						having jurisdiction" or "jurisdiction having authority" means the department or
						authorized agent.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter V - Changes, Additions or Omissions to ANSI/ASHRAE Standard 15 › Section SPS 345.508 - Eye wash and shower

Current through June 24, 2024
This is a department rule and informational note in
						addition to the requirements in ANSI/ASHRAE standard 15 section
						8.12:
						An eye wash and body shower unit shall be located external to the machinery
						room and be readily accessible.
It is recommended that additional such units be
						  located accessibly within the machinery room such that no unit is further than
						  50 feet from any point in the room.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter V - Changes, Additions or Omissions to ANSI/ASHRAE Standard 15 › Section SPS 345.509 - Design and construction

Current through June 24, 2024
(1) MATERIALS. This
					 is an additional, department exception to the requirements in ANSI/ASHRAE
					 standard 15 Section 9.1.5: Discharge piping for mechanical refrigeration safety
					 relief valves that discharges outside a building may consist of plastic
					 materials and joint primers and adhesives which the department has approved
					 specifically for this purpose, provided all of the following conditions are
					 met:
(a) The design pressure in the
					 refrigeration system does not exceed 15 psi.
(b) The refrigeration system does not contain
					 a refrigerant other than Group A1 or B1.
(c) The piping is noncombustible when tested
					 in accordance with ASTM E 136 or is self-extinguishing with a rating of 5V-A,
					 V-O or V-1 when tested in accordance with UL 94.
Note:
As of September 1, 2010, the plastic
						materials approved under this subsection include polyvinyl chloride
						piping.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter V - Changes, Additions or Omissions to ANSI/ASHRAE Standard 15 › Section SPS 345.511 - General requirements

Current through June 24, 2024
(1) PRESSURE RELIEF VALVE REPLACEMENT. This
					 is a department rule in addition to the requirements in ANSI/ASHRAE standard 15
					 section 11.6:
(a) All pressure relief valves
					 for any ammonia mechanical refrigeration system that exists on or after
					 September 1, 2010, shall be replaced in accordance with the manufacturer's
					 recommendations and all of the following, except as provided in par. (b):
1. Each valve shall be replaced within 5
					 years after the date of installation.
2. Each valve may not be over 2 years old at
					 the time of installation.
3. A
					 record of the valve's installation shall be maintained until the valve is
					 replaced.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter V - Changes, Additions or Omissions to ANSI/ASHRAE Standard 15 › Section SPS 345.550 - ANSI/ASME B31

Current through June 24, 2024
(1)Substitute the following wording for the
					 requirements in ANSI/ASHRAE standard 15 normative appendix E citation 5:
ASME Boiler and Pressure Vessel Code,
Section VIII, Rules for
					 Construction of Pressure Vessels, Division 1
,
2007,TheAmerican
					 Society of Mechanical Engineers (ASME), 3 Park Avenue, New York, NY
					 10016-5990.
(2)Substitute the
					 following wording for the requirements in ANSI/ASHRAE standard 15 normative
					 appendix E citation 6:
ASME B31.5-2006, Refrigeration Piping and Heat
					 Transfer Components,
TheAmerican Society of Mechanical Engineers
					 (ASME), 3 Park Avenue, New York, NY 10016-5990.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter VI - Changes, Additions or Omissions to ANSI/IIAR 2 › Section SPS 345.600 - General

Current through June 24, 2024
Changes, additions or omissions to ANSI/IIAR 2 are
						specified in this subchapter and are rules of the department and are not
						requirements of ANSI/IIAR 2.
Under section
						  SPS 345.40(2)
						  (b), closed-circuit ammonia mechanical
						  refrigeration systems may be designed, constructed, installed and tested in
						  accordance with ANSI/IIAR 2 and this subchapter, in combination with
						  ANSI/ASHRAE standard 15 sections 10.2 and 11.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter VI - Changes, Additions or Omissions to ANSI/IIAR 2 › Section SPS 345.601 - Scope

Current through June 24, 2024
The requirements of ANSI/IIAR 2 sections 1 and 2 are not
						included as part of this chapter.
The sections in this subchapter are generally numbered
						  to correspond with both the numbering of the subchapter and the section
						  numbering in ANSI/IIAR 2. For example, section
						  SPS 345.613
						  corresponds to subchapter 6 and to section 13 in ANSI/IIAR 2.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter VI - Changes, Additions or Omissions to ANSI/IIAR 2 › Section SPS 345.611 - Overpressure protection

Current through June 24, 2024
(1) DISCHARGE
					 CAPACITY OF PLATE HEAT EXCHANGERS. This is a department alternative to the
					 requirements in ANSI/IIAR 2 section 11.2.7: The minimum required relief device
					 capacity for a plate heat exchanger based on an external heat addition scenario
					 may be calculated in accordance with the following equation:
See
						Image
(2)DISCHARGE PIPING FOR ATMOSPHERIC PRESSURE
					 RELIEF. This is a department rule in addition to the requirements in ANSI/IIAR
					 2 section 11.3.6.1: Appendix A Tables A-3 may not be used for schedule 80
					 piping.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter VI - Changes, Additions or Omissions to ANSI/IIAR 2 › Section SPS 345.613 - Machinery room

Current through June 24, 2024
(1) EMERGENCY REMOTE CONTROLS.
(a)
Ventilation
. Substitute
					 the following wording for the requirements in ANSI/IIAR 2 section 13.2.1.4:
					 Emergency remote controls for the mechanical means of ventilation shall be
					 provided and be located immediately outside the machinery room, at the
					 principal entrance to the room.
(b)
Compressors
. Substitute the following wording for the
					 requirements in ANSI/IIAR 2 section 13.3.1.6: Emergency remote controls to stop
					 the action of the refrigeration compressors shall be provided and be located
					 immediately outside the machinery room, at the principal entrance to the
					 room.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 345 - Mechanical refrigeration › Subchapter VII - Depleting Refrigerants › Section SPS 345.70 - Ozone-depleting refrigerants

Current through June 24, 2024
(1) CLEANING OF
					 EQUIPMENT. Ozone-depleting refrigerant may not be used for cleaning purposes,
					 including the cleaning of interior or exterior surfaces of refrigeration
					 equipment.
(2)TRANSFERRING
					 REFRIGERANT. Whenever ozone-depleting refrigerant is removed from refrigeration
					 equipment, the ozone-depleting refrigerant shall be transferred to storage
					 containers using equipment that is approved by the department. The department
					 shall approve any transfer equipment if an approved nationally recognized
					 testing laboratory has certified the equipment.
Note:
The Department will accept equipment
						that has been tested and certified in accordance with the Air-Conditioning and
						Refrigeration Institute (ARI) standard ARI 740.
(3)RELEASING REFRIGERANT. Ozone-depleting
					 refrigerant may not be knowingly or negligently released to the environment,
					 except for minimal releases that occur as a result of efforts to recover,
					 reclaim or recycle ozone-depleting refrigerant removed from refrigeration
					 equipment.
(4)ADDING REFRIGERANT.
					 Before putting additional ozone-depleting refrigerant into refrigeration
					 equipment, the refrigeration equipment shall be inspected and repaired if a
					 leak is found or suspected. A yearly leak rate identified by the federal
					 environmental protection agency shall be used to determine whether repairs are
					 necessary.
See subpart F of part 82 in title 40 of the Code of
						  Federal Regulations for further requirements relating to ozone-depleting
						  refrigerants.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter I - Introduction › Section SPS 360.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish uniform
						standards and criteria for the design, installation and maintenance of erosion
						and sediment control practices at building construction sites under the
						authority of Ch. 101, Stats., so as to protect the waters of the
						state.
Other agencies may have regulations that may affect the
						  site design and construction activities for a building. The regulations may
						  necessitate additional administrative procedures or inspections for compliance
						  with such regulations.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter I - Introduction › Section SPS 360.02 - Scope

Current through June 24, 2024
This chapter applies to erosion control permits required
						at all sites where land disturbing construction activities of less than one
						acre occur during the construction of buildings and structures serving as
						public buildings and places of employment.
Authority over erosion and sediment control at
						  construction sites having a land-disturbance area of one acre or more,
						  including all authority for all the requirements in this section, was
						  transferred to the Department of Natural Resources (DNR) under 2013 Wisconsin
						  Act 20, sections 1712 and 2088. Consequently, the Department of Safety and
						  Professional Services no longer administers the requirements in this section.
						  Information regarding the DNR permit requirements and standards may be
						  available at:
http://dnr.wi.gov/topic/stormwater/construction
.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter I - Introduction › Section SPS 360.03 - Owners responsibility

Current through June 24, 2024
The owner or owner's agent is responsible for complying
						with this chapter.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter I - Introduction › Section SPS 360.04 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Control practice" means a method or
					 device implemented to prevent or reduce erosion or the resulting deposition of
					 soil or sediment.
(2) "Land
					 disturbing construction activity" means any man-made alteration of the land
					 surface resulting in a change in the topography or existing vegetative or
					 non-vegetative soil cover, that may result in storm water runoff and lead to an
					 increase in soil erosion and movement of sediment. Land disturbing construction
					 activity includes clearing and grubbing, demolition, excavating, pit trench
					 dewatering, filling and grading activities.
(3) "Municipality" means any city, village,
					 town or county in this state.
(4)
					 "Owner" means any person or legal entity holding fee title, an easement or
					 other interest in property that allows the person to undertake land disturbing
					 construction activity.
(5)
					 "Stabilized" means the condition where vegetation is established or other
					 practices are in place on exposed soil surfaces so as to reduce
					 erosion.
(7) "Waters of the state"
					 has the meaning given in s.
					 283.01(20),
					 Stats.
Under s.
						  283.01(20),
						  Stats., waters of the state" means those portions of Lake Michigan and Lake
						  Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams,
						  springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage
						  systems and other surface water or groundwater, natural or artificial, public
						  or private within the state or under its jurisdiction, except those waters
						  which are entirely confined and retained completely upon the property of a
						  person.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter II - Administration and Enforcement › Section SPS 360.10 - Governmental oversight

Current through June 24, 2024
(1) MUNICIPAL ORDINANCES. Pursuant to s.
					 101.1206(5m),
					 Stats., a municipality may continue to administer and enforce a local ordinance
					 related to erosion and sediment control at building sites where land disturbing
					 construction activities are to occur if the ordinance meets all of the
					 following conditions:
(a) The ordinance
					 standards are more stringent than the standards of this chapter.
(b) The ordinance was in effect on January 1,
					 1994.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter II - Administration and Enforcement › Section SPS 360.11 - Certified municipalities

Current through June 24, 2024
Certified municipalities in conformance with s.
						SPS
						361.60 may serve as the department's agent for all
						inspections referenced under ss.
						SPS 360.14 and
						360.15.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter II - Administration and Enforcement › Section SPS 360.13 - Plans; erosion and sediment control

Current through June 24, 2024
(1)
(a) An erosion and sediment control plan
					 shall be prepared that delineates the practices to be employed for the site
					 where land disturbing construction activity is to occur.
(b) An erosion and sediment control plan
					 shall be of sufficient detail so as to document compliance with s.
					 SPS
					 360.20.
(c) An erosion and sediment control plan
					 shall show the areas of land disturbance and location of all control practices
					 to be employed to comply with this chapter.
(d) An erosion and sediment control plan
					 shall show the pre-construction ground surface contour lines at intervals
					 appropriate for conditions present within the proposed disturbed
					 areas.
(e) An erosion and sediment
					 control plan shall identify the initial downstream receiving water of the state
					 from the building site.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter II - Administration and Enforcement › Section SPS 360.14 - Inspections

Current through June 24, 2024
(1)A person certified in accordance with ch.
					 SPS 305 as a soil erosion inspector or commercial building inspector shall
					 conduct all inspections performed for the purpose of administering and
					 enforcing the erosion and sediment control provisions under this
					 chapter.
(2)The inspections of the
					 erosion and sediment control practices under this chapter shall be conducted as
					 required under s.
					 SPS 361.41.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter II - Administration and Enforcement › Section SPS 360.15 - Violations and penalties

Current through June 24, 2024
(1) NOTICE OF
					 NONCOMPLIANCE.
(a)
Notification
. Upon finding of noncompliance, the inspector
					 administering and enforcing the erosion and sediment control provisions under
					 this chapter shall notify the owner or owner's agent in writing of the
					 violations to be corrected and the time period allowed for
					 compliance.
(b)
Timing of
					 orders
. Except as provided in par. (c), the time period allowed for
					 compliance shall be determined based on the severity of the noncompliance in
					 relation to the potential soil loss or damage to the waters of the
					 state.
(c)
Stop work
					 order
.
1. Pursuant to s.
					 101.1206,
					 Stats., the department or a certified municipality may issue a special order
					 directing an immediate cessation of construction work on other facets of the
					 building until compliance with the erosion and sediment control provisions
					 under this chapter is attained.
2.
					 Construction work may resume once the erosion and sediment control compliance
					 corrections have been completed.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter III - Erosion and Sediment Control › Section SPS 360.20 - Erosion and sediment control

Current through June 24, 2024
(1) GENERAL.
(a) Where land disturbing construction
					 activity is to occur erosion and sediment control practices shall be employed,
					 as necessary, and maintained to prevent or reduce the potential deposition of
					 soil or sediment to all of the following:
1.
					 The waters of the state.
2.
					 Adjacent properties.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter III - Erosion and Sediment Control › Section SPS 360.21 - Monitoring

Current through June 24, 2024
The owner or owner's agent shall check the erosion and
						sediment control practices for maintenance needs at all the following intervals
						until the site is stabilized:
(1) At
					 least weekly.
(2) Within 24 hours
					 after a rainfall event of 0.5 inches or greater. A rainfall event shall be
					 considered to be the total amount of rainfall recorded in any continuous 24
					 hour period.
(3) At all intervals
					 that are cited on the erosion and sediment control plan.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 360 - Erosion Control, Sediment Control And Storm Water Management › Subchapter III - Erosion and Sediment Control › Section SPS 360.22 - Maintenance

Current through June 24, 2024
(1)
(a)
					 Except as provided in par. (c), off-site sediment deposition resulting from the
					 failure of an erosion or sediment control practice shall be cleaned up by the
					 end of the next day.
Note:
Contact the Department of Natural
						Resources before attempting to clean up any sediment deposited or discharged
						into the waters of the state.
(b) Except as provided in par. (c), off-site
					 soil deposition, resulting from construction activity, that creates a nuisance
					 shall be cleaned up by the end of the work day.
(c) A municipality may enact more stringent
					 requirements regarding cleanup of soil or sediment deposition onto public
					 ways.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter I - Scope and Application › Section SPS 361.01 - Purpose of code

Current through June 24, 2024
Pursuant to various statutory provisions under subch. I
						of ch. 101, Stats., the purpose of chs.
						SPS
						361 to 366 is to protect the health, safety, and
						welfare of the public and employees by establishing minimum standards for the
						design, construction, maintenance, and inspection of public buildings,
						including multifamily dwellings and places of employment.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter I - Scope and Application › Section SPS 361.03 - Application

Current through June 24, 2024
(1) STANDARDS.
(a) The design and construction of public
					 buildings and places of employment shall comply with s.
					 SPS
					 361.05, except as otherwise provided in chs.
					 SPS
					 361 to 366.
(b) The codes and standards that are
					 referenced in this chapter, and any additional codes and standards which are
					 subsequently referenced in those codes and standards, shall apply to the
					 prescribed extent of each such reference, except as modified by this
					 chapter.
(c) The requirements in
					 IBC Appendix C may be applied to certain agricultural buildings, as specified
					 in s.
					 SPS
					 362.3600(2), in lieu of
					 corresponding, otherwise applicable requirements of chs.
					 SPS
					 361 to 366.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter I - Scope and Application › Section SPS 361.04 - Definitions

Current through June 24, 2024
(1) "Authorized representative" means any
					 certified municipality or county as specified in s. SPS 361.60, and any
					 appointed agent under s.
					 101.12(3g),
					 Stats.
(1g) "Compliance assurance
					 program" means a detailed system documenting the methods used to ensure modular
					 multifamily housing, modular multifamily building systems, and building system
					 components are manufactured in accordance with department-approved plans and
					 chs. SPS 361 to 366.
(1r)
					 "Crematory" means a building or portion of a building within which a cremation
					 chamber is located.
(2)
					 "Department" means the department of safety and professional
					 services.
(3) "Dwelling unit" has
					 the meaning given in s.
					 101.61(1),
					 Stats., for the purpose of determining whether chs. SPS 361 to 366 applies to a
					 residential occupancy. For all other purposes, the meaning is as given in IBC
					 section 202, IECC section 202, and IMC section 202.
Note:
Section
						101.61(1),
						Stats., reads in part: " 'Dwelling unit' means a structure or that part of a
						structure which is used or intended to be used as a home, residence or sleeping
						place by one person or by 2 or more persons maintaining a common household, to
						the exclusion of all others."
(3m) "Home-based business" means any
					 business, profession, trade, or employment conducted in a person's dwelling
					 unit, which may involve the person's immediate family or household and a
					 maximum of one other unrelated person, but does not involve any of the
					 following:
(a) Explosives, fireworks, or
					 repair of motor vehicles.
(b) More
					 than 25% of the habitable floor area of the dwelling unit.
Note:
A dwelling unit that includes a
						home-based business is referred to as a "live/work" unit as defined in s. SPS
						362.0202 (2) (h).
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter I - Scope and Application › Section SPS 361.05 - Adoption of the International Codes

Current through June 24, 2024
(1) IBC. The
International Building Code
®
					 2015, subject to the modifications specified in this chapter and ch. SPS 362 is
					 incorporated by reference into chs.
					 SPS
					 361 to 366.
(2) IECC. The
International Energy
					 Conservation Code
® 2015, subject to the
					 modifications specified in this chapter and ch. SPS 363 is incorporated by
					 reference into chs.
					 SPS
					 361 to 366.
(3) IMC. The
International Mechanical
					 Code
® 2015, subject to the
					 modifications specified in this chapter and ch. SPS 364 is incorporated by
					 reference into chs.
					 SPS
					 361 to 366.
(4) IFGC. The
International Fuel Gas
					 Code
® 2015, subject to the
					 modifications specified in this chapter and ch. SPS 365 is incorporated by
					 reference into chs.
					 SPS
					 361 to 366.
(5) IEBC. The
International Existing
					 Building Code
® 2015, subject to the
					 modifications specified in this chapter and ch. SPS 366 is incorporated by
					 reference into chs.
					 SPS
					 361 to 366.
Note:
A copy of the
International
						Building Code
®,
International
						Energy Conservation Code
®,
International Mechanical Code
®
						,
International Fuel Gas Code
®
						, and
International Existing Building
						Code
® is on file in the offices of the
						Department and the Legislative Reference Bureau. Copies of the International
						Codes may be purchased from the International Code Council, 4051 West Flossmoor
						Road, Country Club Hills, IL 60478-5795, (708) 799-2300, Website
www.iccsafe.org
.
Note:
The references in chs.
						SPS
						362 to 366 to individual ICC code sections typically
						are to a particular paragraph or set of paragraphs within a referenced ICC
						section, and are not intended to affect any subsequent subdivisions of the
						specified section unless stated otherwise. For example, the directive in s.
						SPS
						362.0907(1) to substitute certain
						language for IBC section 907.1 is not intended to mean that IBC sections
						907.1.1 through 907.1.2 are also being changed.
Many of the model codes created by the International
						  Code Council (ICC) and adopted by the Department of Safety and Professional
						  Services may be viewed free of charge on the ICC website at codes.iccsafe.org
						  and select the version adopted under s. SPS
						  361.05.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter I - Scope and Application › Section SPS 361.06 - Fees

Current through June 24, 2024
Fees for petitions for variance, product approvals,
						notice registrations, plan examination and approvals, and for inspections of
						buildings, and structures shall be submitted as specified in ch. SPS 302. Fees
						shall be submitted at the time the application for approval is submitted. No
						plan examinations, approvals or inspections may be made until the fees are
						received.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter II - Responsibilities, Appeals, Petitions and Penalties › Section SPS 361.20 - Responsibilities

Current through June 24, 2024
(1) OWNER. Compliance with chs.
					 SPS
					 361 to 366 does not relieve the owner of a public
					 building or place of employment from compliance with the administrative rules
					 established by other state jurisdictions.
Note:
Pursuant to s.
						101.11(2)
						(a), Stats., no employer or owner, or other
						person shall hereafter construct or occupy or maintain any place of employment,
						or public building, that is not safe, nor prepare plans which shall fail to
						provide for making the same safe.
Note:
Section
						101.12(3)
						(h), Stats., prohibits local issuance of
						permits or licenses for construction or use of public buildings or places of
						employment until required drawings and calculations have been examined and
						approved by the department.
Note:
Section
						145.195(1),
						Stats., prohibits local issuance of a building permit for construction of any
						structure requiring connection to a private onsite wastewater treatment system
						unless a system satisfying all applicable regulations already exists to serve
						the proposed structure or all permits necessary to install such a system have
						been obtained.
(2) DESIGN.
(a) Pursuant to ch. 443, Stats., a public
					 building, structure or place of employment shall be designed by an architect or
					 an engineer, except as provided under ss.
					 443.14 and
					 443.15,
					 Stats.
(b) Pursuant to ch. 443,
					 Stats., a component or a system, including an electrical system, a fire
					 protection system, a heating ventilating and air conditioning system, or a
					 plumbing system, for a public building, structure or place of employment shall
					 be designed by an architect, engineer or a designer of engineering systems,
					 except as provided under ss.
					 443.14 and
					 443.15,
					 Stats.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter II - Responsibilities, Appeals, Petitions and Penalties › Section SPS 361.21 - Appeals

Current through June 24, 2024
(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.
(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.
Note:
"Local order" is defined under s.
						101.01(8),
						Stats.
Note:
See also s.
						101.02(7)
						(c), Stats.
(3) CONTESTED CASE HEARING. In addition to
					 any other right provided by law, any interested person may file a written
					 request for a contested case hearing, as specified in s.
					 227.42,
					 Stats.
(4) 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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter II - Responsibilities, Appeals, Petitions and Penalties › Section SPS 361.22 - Petition for variance

Current through June 24, 2024
The department shall consider and may grant a variance
						to a provision of chs.
						SPS
						361 to 366 in accordance with ch. SPS 303. The
						petition for variance shall include, where applicable, a position statement
						from the fire department having jurisdiction.
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 which 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. The
						  SBD-9890 form is available at the Department's Web site at
www.dsps.wi.gov
through links to Division
						  of Industry Services forms.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter II - Responsibilities, Appeals, Petitions and Penalties › Section SPS 361.23 - Penalties

Current through June 24, 2024
Penalties for violations shall be assessed in accordance
						with ss.
						101.02(12)
						and (13) (a), and
						101.978,
						Stats.
Section
						  101.02(13)
						  (a), Stats., indicates penalties will be
						  assessed against any employer, employee, owner or other person who 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 who
						  fails, neglects or refuses to comply with any lawful order made by the
						  department, or any judgment or decree made by any court in connection with ss.
						  101.01 to 101.25. For
						  each such violation, failure or refusal, such employee, owner or other person
						  must forfeit and pay into the state treasury a sum not less than $10 nor more
						  than $100 for each violation.
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.
Section
						  101.978, Stats., reads,
						  "Any person who violates this subchapter or any rules promulgated under this
						  subchapter shall forfeit not less than $25 nor more than $500 for each offense.
						  Each day of continued violation constitutes a separate offense."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 361-366 - Commercial Building Code › Chapter SPS 361 - Administration And Enforcement › Subchapter III - Plan Review and Related Functions › Section SPS 361.295 - Administrative coordination

Current through June 24, 2024
Pursuant to ss.
						101.02(13)
						(b) and
						101.12(3)
						(h), Stats., if plans are required to be
						submitted to the department for review under s.
						SPS
						361.30, a municipality may not issue a building permit
						to commence construction or use of the building until the plans have been
						approved by the department or its agent.