reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 305 - Licenses, Certifications And Registrations › Subchapter X - Conveyances › Section SPS 305.996 - Elevator helpers

Current through June 24, 2024
(1) GENERAL.
(a) Pursuant to s.
					 101.984(2),
					 Stats., the activities of an individual, who holds a registration as a
					 registered elevator helper to erect, construct, alter, replace, maintain,
					 repair, remove or dismantle conveyances, shall be performed under the direct
					 supervision of a licensed elevator mechanic, except as provided in par.
					 (b).
(b)
1. The activities of an individual, who holds
					 a registration as a registered elevator helper to maintain and repair
					 conveyances and to replace conveyance components and subsystems, shall be
					 performed under the general supervision of a person who is a licensed elevator
					 mechanic or a licensed elevator mechanic-restricted.
2. The activities of an individual, who holds
					 a registration issued by the department as a registered elevator helper to
					 erect, construct, alter, replace, maintain, repair, remove or dismantle
					 conveyances covered under ASME A18.1 and ASME A17.1 section 5.2, shall be
					 performed under the general supervision of a person who is a licensed elevator
					 mechanic or lift mechanic.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 305 - Licenses, Certifications And Registrations › Subchapter X - Conveyances › Section SPS 305.997 - Lift mechanic

Current through June 24, 2024
(1) GENERAL. A person may obtain a license as
					 a licensed lift mechanic by one of the following methods:
(a) Taking and passing the lift mechanic
					 license examination.
(b) Completing
					 a lift apprenticeship program lasting at least 2 years and recognized under ch.
					 106, Stats., or recognized by the U.S. department of labor.
(c)
1.
					 Having been employed for at least 1,000 hours per year for 3 years preceding
					 the date of application and employment includes lift mechanic level work
					 experience in each year of the 3 years.
2. This paragraph does not apply 2 years
					 after July 1, 2008.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 305 - Licenses, Certifications And Registrations › Subchapter X - Conveyances › Section SPS 305.998 - Lift apprentice

Current through June 24, 2024
(1) GENERAL.
(a) The activities of an individual, who
					 holds a registration issued by the department as a registered lift apprentice
					 to erect, construct, alter, replace, maintain, repair, remove or dismantle
					 conveyances as described under s.
					 SPS 305.991,
					 shall be performed under the general supervision of a person who is a licensed
					 lift mechanic or a licensed elevator mechanic, except as provided in par.
					 (b).
(b) The activities of an
					 individual, who holds a registration issued by the department as a registered
					 lift apprentice to maintain and repair conveyances under the scope of ASME
					 A18.1 and ASME A17.1 sections 5.2, 5.3, 5.4, 7.1, 7.2, 7.3 and 7.8, shall be
					 performed under the general supervision of a person who is a licensed lift
					 mechanic, a licensed elevator mechanic or a licensed elevator
					 mechanic-restricted.
Note:
The department of workforce
						development, bureau of apprenticeship standards may have additional supervision
						standards for apprentices for the purpose of training and education.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 305 - Licenses, Certifications And Registrations › Subchapter X - Conveyances › Section SPS 305.999 - Lift helpers

Current through June 24, 2024
(1) GENERAL.
(a) Pursuant to s.
					 101.984(2),
					 Stats., the activities of an individual, who holds a registration as a
					 registered lift helper to erect, construct, alter, replace, maintain, repair,
					 remove or dismantle conveyances as described under s.
					 SPS 305.991,
					 shall be performed under the general supervision of a person who is a licensed
					 lift mechanic or a licensed elevator mechanic, except as provided in par.
					 (b).
(b) The activities of an
					 individual, who holds a registration issued by the department as a registered
					 lift helper to maintain and repair conveyances under the scope of ASME A18.1
					 and ASME A17.1 sections 5.2, 5.3, 5.4, 7.1, 7.2, 7.3, and 7.8, shall be
					 performed under the general supervision of a person who is a licensed lift
					 mechanic, a licensed elevator mechanic or a licensed elevator
					 mechanic-restricted.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 306 - Small Business Enforcement Discretion › Section SPS 306.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to set forth the extent of
					 discretion the department will exercise in enforcement actions undertaken to
					 obtain compliance with department rules and guidelines, by a small
					 business.
This chapter does not limit the department's general
						statutory authority, such as under s.
						101.02,
						Stats., to exercise discretion in the enforcement of rules in order to gain
						compliance by any business.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 306 - Small Business Enforcement Discretion › Section SPS 306.02 - Policy

Current through June 24, 2024
The department acknowledges the objectives under s.
					 227.04,
					 Stats., as an obligation to evaluate and consider the potential impacts on
					 small businesses with regard to the department's enforcement actions. This
					 obligation is shared by all divisions of the department.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 306 - Small Business Enforcement Discretion › Section SPS 306.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Department" means the department of
				  safety and professional services.
(1m) "Minor violation" has the meaning given
				  in s.
				  227.04(1)
				  (a).
Note:
Section
					 227.04(1)
					 (a) of the Statues reads as follows: "`Minor
					 violation' means a rule violation that does not cause serious harm to the
					 public, is committed by a small business, and the violation is not willful, the
					 violation is not likely to be repeated, there is a history of compliance by the
					 violator, or the small business has voluntarily disclosed the
					 violation."
(2) "Small
				  business" has the meaning given in s.
				  227.114(1),
				  Stats.
Section
						227.114(1),
						Stats., reads in part, as follows: "'Small business' means a business entity,
						including its affiliates, which is independently owned and operated and not
						dominant in its field, and which employs 25 or fewer full-time employees or
						which has gross annual sales of less than
						$5,000,000."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 306 - Small Business Enforcement Discretion › Section SPS 306.04 - Exercise of discretion

Current through June 24, 2024
The department may exercise leniency in the enforcement of
					 rules against small businesses, as compared to other regulated businesses if
					 all of the following apply:
(1) The
				  department has statutory authority to exercise discretion.
(2) The exercise of discretion, in favor of
				  small business, is not contrary to the situations set out in s.
				  227.04(2m)
				  (c), Stats., or other applicable
				  law.
(3) The rule violation
				  committed by the small business is a minor violation.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 306 - Small Business Enforcement Discretion › Section SPS 306.10 - Enforcement of rules

Current through June 24, 2024
The department shall consider the following criteria for
					 allowing discretion in the enforcement of rules and the reduction or waiver of
					 penalties with respect to an entity that identifies itself as a small business,
					 when the penalties are under the direct control of the department:
Note:
Most monetary penalties are determined
					 and imposed by the judicial system. The department may only determine the
					 amount of a monetary penalty that is imposed by citation or administrative
					 forfeiture under specific statutory authority.
Note:
Under s.
					 101.02(6),
					 Stats., the department may grant an extension of time to any entity, regardless
					 of size, as may be reasonably necessary to achieve compliance with a rule or
					 guideline.
(1) The difficulty and cost
				  of compliance with the rule by the small business.
(2) The financial capacity of the small
				  business, including the ability of the small business to pay the amount of any
				  penalty that may be imposed.
(3)
				  The compliance options available, including options for achieving voluntary
				  compliance with the rule.
(4) The
				  level of public interest and concern.
(5) The opportunities available to the small
				  business to understand and comply with the rule.
(6) Fairness to the small business and to
				  other persons, including competitors and the public.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter I - General Requirements › Section SPS 307.01 - Purpose

Current through June 24, 2024
(1) EXPLOSIVES. Pursuant to s.
					 101.15(2)
					 (e), Stats., the purpose of this chapter is
					 to establish standards for the use of explosive materials.
(2)FIREWORKS. Pursuant to s.
					 167.10(6m),
					 Stats., the purpose of this chapter is to establish licensing procedures for
					 the manufacture of fireworks.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter I - General Requirements › Section SPS 307.02 - Scope

Current through June 24, 2024
(1) EXPLOSIVES. The provisions of this
					 chapter establish uniform limits on permissible levels of blasting resultants
					 relating to the use of explosive materials.
Note:
See ch. SPS 305 for rules pertaining
						to the licensing of blasters. See ch. SPS 314 for rules pertaining to general
						safety and fire prevention related to the storage, handling of explosive
						materials. See chs.
						SPS
						361 to
						366 for rules pertaining to the
						design and construction of buildings related to the storage of explosive
						materials.
(2)FIREWORKS.
					 The provisions of this chapter establish licensing and inspection standards
					 relating to the manufacture of fireworks.
See s.
						  167.10,
						  Stats., and ch. SPS 314 for requirements pertaining to the manufacture, sale,
						  storage and handling of fireworks.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter I - General Requirements › Section SPS 307.03 - Fees

Current through June 24, 2024
Fees for safety 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 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter I - General Requirements › Section SPS 307.06 - 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, 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 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 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter I - General Requirements › Section SPS 307.10 - Penalties

Current through June 24, 2024
(1) EXPLOSIVES. Penalties for violation of
					 any provision in this chapter relating to explosives shall be assessed in
					 accordance with s.
					 101.02(12)
					 and (13), Stats.
Note:
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.
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.
(2)FIREWORKS.
					 Pursuant to s.
					 167.10(9)
					 (g), Stats., a person who violates any
					 provision of this chapter relating to fireworks may be fined not more than
					 $10,000 or imprisoned not more than 10 years or both.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter II - Definitions and Standards › Section SPS 307.20 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Airblast" means an airborne shock wave
					 resulting from the detonation of explosives.
(2) "Barrier" means a material object that
					 separates, keeps apart, or demarcates in a conspicuous manner such as cones, a
					 warning sign, or tape.
(3) "Blast
					 area" means the area of a blast within the influence of flying rock, missiles,
					 gases, and concussion as determined by the blaster in charge.
(4) "Blast site" means the area where
					 explosive material is handled during loading of blastholes, including 50 feet
					 in all directions from the perimeter formed by the loaded holes. A minimum of
					 30 feet may replace the 50-foot requirement if the perimeter of loaded holes is
					 marked and separated from non-blast site areas by a barrier. The 50-foot or
					 30-foot distance requirements, as applicable, apply in all directions along the
					 full depth of the blasthole. In underground mines, at least 15 feet of a solid
					 rib, pillar, or broken rock may be substituted for the 50 foot
					 distance.
(5) "Blaster" means any
					 individual holding a valid blaster's license issued by the
					 department.
(6) "Blaster in charge"
					 means that qualified person in charge of, and responsible for, the loading and
					 firing of a blast.
(7) "Blasting"
					 means any method of loosening, moving or shattering masses of solid matter by
					 use of an explosive.
(8) "Blasting
					 operation" means any operation, enterprise or activity involving the use of
					 blasting.
(9) "Blasting resultants"
					 means the physical manifestations of forces released by blasting, including but
					 not limited to projectile matter, vibration and concussion, which might cause
					 injury, damage or unreasonable annoyance to persons or property located outside
					 the controlled blasting site area.
(10) "Controlled blasting site area" means
					 the area that surrounds a blast site and that meets one of the following
					 conditions:
(a) Is owned by the
					 operator.
(b) With respect to
					 which, because of property ownership, an employment relationship or an
					 agreement with the property owner, the operator can take reasonably adequate
					 measures to exclude or to assure the safety of persons and property.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter II - Definitions and Standards › Section SPS 307.21 - Adoption of standards

Current through June 24, 2024
NFPA 495, Explosive Materials Code, 2013, subject to the
						modifications specified in this chapter, is hereby incorporated by reference
						into this chapter.
A copy of NFPA 495, Explosive Materials Code is on file
						  in the offices of the department and the legislative reference bureau. Copies
						  of NFPA 495, Explosive Materials Code, may be purchased from the National Fire
						  Protection Association, 1 Batterymarch Park, Quincy, MA,
						  02169-7471.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter III - Use of Blasting Materials › Section SPS 307.30 - General

Current through June 24, 2024
The use of explosive materials for blasting shall be
						executed in accordance with NFPA 495 chapter 10.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter III - Use of Blasting Materials › Section SPS 307.31 - Changes, additions or omissions to NFPA 495

Current through June 24, 2024
(1) Changes,
					 additions or omissions to NFPA 495 chapter 10 are specified in this subchapter
					 and are rules of the department and are not requirements of the NFPA 495
					 standard.
(2) These are department
					 rules in addition to the requirements in NFP A 495 section 10.1.4:
(a)
Blaster requirements.
When blasting operations are conducted in a municipality, the shots shall be
					 designed and initiated by a properly licensed Class 5, 6, or 7 blaster.
Note:
See ch. SPS 305 for blaster license
						requirements and classifications.
(b)
Notifications.
1. Any person conducting blasting operations
					 in a municipality at a location other than a mine, pit, or quarry shall notify
					 the department, local fire department, and local law enforcement agency of the
					 first date on which blasting is scheduled and the location of the blasting
					 operation. Notification shall be made on forms provided by the department and
					 occur at least 10 days prior to the first date on which blasting is scheduled.
					 Unless notification of subsequent blasting is requested by the local fire
					 department or local law enforcement agency or required by municipal ordinance,
					 only one initial notice is required under this subdivision.
2. Each calendar year before annual blasting
					 begins at a mine, pit, or quarry located in a municipality, the person
					 conducting blasting operations shall notify the department that blasting is
					 about to begin. Notification shall be made on forms provided by the department
					 and occur at least 10 days prior to the date on which blasting is scheduled to
					 begin. Unless notification of annual or subsequent blasting is requested by the
					 local fire department or local law enforcement agency or required by municipal
					 ordinance, only one initial notice to the department each calendar year is
					 required under this subdivision.
Note:
A notice of blasting form is available
						from the department's Division of Industry Services at P.O. Box 7302, Madison,
						WI 53707-7302; by email at dsps@wisconsin.gov; by telephone at (608) 266-2112,
						(877) 617-1565, or 411 (Telecommunications Relay); or at the division's website
						at http://dsps.wi.gov/programs/industry-services.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter IV - Blasting Resultants › Section SPS 307.40 - Regulation of blasting resultants

Current through June 24, 2024
Pursuant to s.
						101.15(2)
						(e), Stats., the purpose of this subchapter
						is to provide for the establishment of uniform limits on permissible levels of
						blasting resultants to reasonably assure that blasting resultants do not cause
						injury, damage or unreasonable annoyance to persons or property outside any
						controlled blasting site area.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter IV - Blasting Resultants › Section SPS 307.41 - Preblasting notification

Current through June 24, 2024
(1) PREBLASTING
					 SURVEY.
(a) At least 24 hours prior to
					 initial blasting at a blast site, the blaster in charge shall make a reasonable
					 effort to notify in writing or verbally all residents or owners of affected
					 dwellings or other structures, as determined under sub. (2), that a blasting
					 operation is to begin. The blaster in charge shall offer to perform a
					 preblasting survey for the residents or owners. If a resident or owner requests
					 a copy of the preblasting survey, the blaster in charge shall provide a copy
					 for not more than the actual cost of the copy within 48 hours of the request.
					 Except as provided under pars. (b) and (c), only one initial preblasting survey
					 is required for a blast site.
(b)
					 The blaster in charge shall offer to perform a preblasting survey for the
					 residents or owners of any dwelling or other structure that becomes an affected
					 dwelling or other structure, as determined under sub. (2), after the initial
					 preblasting survey under par. (a) is performed.
(c) The blaster in charge shall offer to
					 perform a preblasting survey for the residents or owners of an affected
					 dwelling or other structure, as determined under sub. (2), constructed or
					 renovated after the initial preblasting survey under par. (a) is performed.
Note:
A preblasting survey provides a
						baseline record of the pre-existing condition of a structure against which the
						effects of blasting can be assessed, and it should include the interior and
						exterior of the buildings.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter IV - Blasting Resultants › Section SPS 307.42 - Blasting schedules

Current through June 24, 2024
All surface blasting shall be conducted between sunrise
						and sunset, unless one of the following conditions applies:
(1)More restrictive time periods are
					 specified by the department.
(2)The
					 blasting is approved by the department based on a showing by the operator that
					 the public will not be adversely affected by noise and other impacts.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter IV - Blasting Resultants › Section SPS 307.43 - Instrumentation

Current through June 24, 2024
All seismographs used to determine compliance with this
						subchapter shall meet the following minimum specifications:
(1) Seismic frequency range: 2 to 200 Hz,
					 plus or minus 3 Hz.
(2) Acoustic
					 frequency range: 2 to 200 dB, plus or minus 1 dB.
(3) Velocity range: 0.02 to 4.0
					 inches/second.
(4) Sound range: 110
					 to 140 dB linear.
(5) Transducers:
					 Three mutually perpendicular axes.
(6) Recording: Provide time-history of
					 waveform.
(7) Calibration: Be
					 laboratory calibrated as often as necessary, but at least once every 12 months
					 according to manufacturer's recommendations.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter IV - Blasting Resultants › Section SPS 307.44 - Control of adverse effects

Current through June 24, 2024
(1) GENERAL
					 REQUIREMENTS. Blasting shall be conducted so as to prevent injury and
					 unreasonable annoyance to persons and damage to public or private property
					 outside the controlled blasting site area.
(2) FLYROCK. Flyrock traveling in the air or
					 along the ground shall meet all of the following conditions:
(a) Remain within the controlled blasting
					 site area.
(b) Not be cast more
					 than one-half the distance to the nearest inhabited building within or outside
					 of the controlled blasting site area.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter V - Fireworks › Section SPS 307.50 - Licensing of fireworks manufacturers

Current through June 24, 2024
(1) LICENSE
					 REQUIRED. No person may manufacture fireworks unless that person holds a
					 license issued by the department in accordance with ch. SPS 305.
(2)POSTING. A fireworks manufacturer license
					 shall be posted at each plant where fireworks are to be manufactured.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 307 - Explosives and Fireworks › Subchapter V - Fireworks › Section SPS 307.51 - Inspections

Current through June 24, 2024
(1) GENERAL. The authorized inspectors of the
					 department may enter and inspect at reasonable times the premises on which each
					 person licensed under this chapter manufactures fireworks.
(2) INITIAL INSPECTIONS. Upon receipt of an
					 application for a fireworks manufacturing license, the department or the
					 department's designated deputy shall inspect the premises for which the
					 application is made.
(3) PERIODIC
					 INSPECTIONS. The department or the department's designated deputy shall, at
					 least once every 3 years, conduct a safety inspection of a permanent explosive
					 materials storage facility located on the premises on which each person
					 licensed under this chapter manufactures fireworks. Fees for an inspection
					 under this subsection shall be assessed as specified in s.
					 SPS
					 302.18(2).
(4) FEDERAL INSPECTION ACCEPTANCE. Where an
					 inspection of a fireworks manufacturing plant has been conducted by the federal
					 bureau of alcohol, tobacco, firearms and explosives, the department may accept
					 a federal inspection report in lieu of the department inspection.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter I - Administration and Enforcement › Section SPS 308.01 - Purpose

Current through June 24, 2024
Pursuant to s.
						101.15(2)
						(e), Stats., the purpose of this chapter is
						to establish rules to effect the safety of mines, quarries and related
						activities.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter I - Administration and Enforcement › Section SPS 308.02 - Scope

Current through June 24, 2024
(1) COVERED. This chapter covers openings or
					 excavations in the earth for the purpose of extracting minerals or other
					 materials and the equipment related to processing or manufacturing of ores,
					 aggregates, cements, lime, clay and silica sands in a mine, pit or quarry.
Note:
The department of natural of
						resources has administrative rules concerning metallic mineral exploration,
						metallic mineral prospecting, mineral mining and mine reclamation.
(2)NOT COVERED. This chapter does
					 not cover openings or excavations in the earth created by a person for domestic
					 or farm use at his or her residence or farm.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter I - Administration and Enforcement › Section SPS 308.03 - Application

Current through June 24, 2024
This chapter applies to both new and existing mines, pits
						and quarries, unless specifically stated otherwise.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter I - Administration and Enforcement › Section SPS 308.04 - Definitions

Current through June 24, 2024
(1)"Department" means the department of
					 safety and professional services.
(2)"Excavation" or "workings" has the meaning
					 given in s.
					 101.15(2)
					 (a)1, Stats.
Note:
Section
						101.15(2)
						(a)1, Stats., defines "excavation" or
						"workings" as any or all parts of a mine excavated or being excavated,
						including shafts, tunnels, drifts, cross cuts, raises, winzes, stopes and all
						other working places in a mine.
(3)"Mine" means a surface or underground
					 opening or excavation in the earth for the purpose of extracting minerals or
					 other materials.
(4)"Mineral" has
					 the meaning given in s.
					 101.15(2)
					 (a)2, Stats.
Note:
Section
						101.15(2)
						(a)2, Stats., defines "mineral" as a product
						recognized by standard authorities as mineral, whether metalliferous or
						nonmetalliferous.
(5)"Operator" means the person or firm that
					 operates or is responsible for an excavation in the earth for the purpose of
					 extracting minerals or other materials.
(6)"Pit" means a surface opening or
					 excavation in the earth for the purpose of extracting minerals or other
					 materials.
(7)"Quarry" means a
					 surface opening or excavation in the earth for the purpose of extracting
					 nonmetallic minerals or other nonmetallic materials.
(8)"Shaft" has the meaning given in s.
					 101.15(2)
					 (a)3, Stats.
Section
						  101.15(2)
						  (a)3, Stats., defines "shaft" as an opening
						  made for mining minerals, for hoisting and lowering persons or material, or for
						  ventilating underground workings.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter I - Administration and Enforcement › Section SPS 308.05 - 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, where applicable, a position statement from the fire
						department having jurisdiction.
Note:
Chapter
						SPS
						303 requires the submittal of a petition for variance
						form 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.
The petition for variance form is available from the
						  department's Division of Industry Services at P.O. Box 7162, Madison, WI
						  53707-7162; by email at dsps@wisconsin.gov; by telephone at (608) 266-2112,
						  (877) 617-1565, or 411 (Telecommunications Relay); or at the division's website
						  at
						  http://dsps.wi.gov/programs/industry-services.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter I - Administration and Enforcement › Section SPS 308.07 - Appeals

Current through June 24, 2024
(1) APPEAL OF DEPARTMENT ORDER. Pursuant to
					 s.
					 101.02(6)
					 (e), Stats., any employer or other 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.
Note:
Section
						101.01(4),
						Stats., defines "employer" as any person, firm, corporation, state, county,
						town, city, village, school district, sewer district, drainage district and
						other public or quasi-public corporations as well as any agent, manager,
						representative or other person having control or custody of any employment,
						place of employment or of any employee.
(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.
Note:
Section
						101.01(8),
						Stats., defines "local order" as any ordinance, order, rule or determination of
						any common council, board of alderpersons, board of trustees or the village
						board, of any village or city, a regulation or order of the local board of
						health, as defined in s.
						250.01(3),
						Stats., or an order or direction of any official of a municipality, upon any
						matter over which the department has jurisdiction.
(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.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter II - General Requirements › Section SPS 308.10 - Notification to begin crushing operation

Current through June 24, 2024
Each calendar year before crushing work is commenced in
						a mine, pit, or quarry, the owner of the mine, pit, or quarry or other person
						responsible for the crushing work shall notify the department that work is
						about to begin. The notification shall be made to the department at least 10
						days prior to the beginning of crushing work in each mine, pit, or quarry. Only
						one initial notice is required for a mine, pit, or quarry where crushing work
						is performed on an intermittent basis during the calendar
						year.
A notification form is available from the department's
						  Division of Industry Services at P.O. Box 7302, Madison, WI 53707-7302; by
						  email at dsps@wisconsin.gov; by telephone at (608) 266-2112, (877) 617-1565, or
						  411 (Telecommunications Relay); or at the division's website at
						  http://dsps.wi.gov/programs/industry-services. Notification may also be
						  provided by email to
						  DSPSMineSafety@wisconsin.gov.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter II - General Requirements › Section SPS 308.11 - Arrangements for medical assistance

Current through June 24, 2024
Each year before any work is commenced in a mine, pit or
						quarry, the mine, pit or quarry operator shall make arrangements for obtaining
						emergency medical assistance and transportation for injured
						persons.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter II - General Requirements › Section SPS 308.12 - Permits

Current through June 24, 2024
(1) GENERAL. Before an excavation of a shaft
					 may be commenced, a permit shall be obtained from the department. As provided
					 by s.
					 101.15(2)
					 (c), Stats., this section does not apply to
					 shafts less than 50 feet in depth wherein persons are not employed, shafts not
					 equipped with power driven hoists used for hoisting persons in and out of
					 shafts, or shafts not covered with a flammable building.
(2) APPLICATION FOR PERMIT. Application for a
					 shaft excavation permit shall be made on forms provided by the department
					 together with the payment of the permit fee.
Note:
The mine shaft excavation permit
						application is available from the Department's Division of Industry Services at
						P.O. Box 7302, Madison, WI 53707-7302; by email at dsps@wisconsin.gov; by
						telephone at (608) 266-2112, (877) 617-1565, or 411 (Telecommunications Relay);
						or at the division's website at
						http://dsps.wi.gov/programs/industry-services.
(3) PLANS AND SPECIFICATIONS. Plans and
					 specifications shall be submitted with the application for a shaft excavation
					 permit which show that the shaft, excavation and workings are in compliance
					 with this chapter.
(4) PERMIT
					 PROCESSING TIME. The department shall review and make a determination on a
					 shaft excavation permit application within 30 business days of receiving the
					 required information and fees.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter II - General Requirements › Section SPS 308.13 - Fees

Current through June 24, 2024
(1) SAFETY SERVICE FEE. An annual safety
					 service fee as specified in ch. SPS 302 shall be paid by the person or firm
					 operating the crushing, screening or washing equipment.
(2)SHAFT EXCAVATION PERMIT FEE. A shaft
					 excavation permit fee as specified in ch. SPS 302 shall be paid by the person
					 applying for the permit.
(3)INSPECTION FEE. A miscellaneous inspection
					 fee as specified in ch. SPS 302 shall be paid by the person requesting a
					 consultation inspection of the person's operation, if that person is not
					 required to pay a safety service fee under sub. (1).
(4)TRAINING FEE. A training fee as specified
					 in ch. SPS 302 shall be paid by the person requesting annual refresher training
					 provided by the department and required by the federal mine safety and health
					 administration.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter II - General Requirements › Section SPS 308.14 - Inspections

Current through June 24, 2024
(1) GENERAL. Pursuant to ss.
					 101.02(15)
					 (g) and
					 101.15(2)
					 (f)1, Stats., the department may enter and
					 cause the inspections of mines, pits and quarries in order to determine
					 compliance with this chapter.
(2)OVERDUE INSPECTIONS. If the department
					 determines that an inspection of a mine, pit or quarry as required under s.
					 101.15(2)
					 (f)1, Stats., has not been performed, the
					 department shall notify the federal mine safety and health administration that
					 an inspection is due.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter II - General Requirements › Section SPS 308.15 - Federal requirements

Current through June 24, 2024
No person may operate a mine, pit or quarry unless the
						person complies with
						30 USC
						811,
						957
						and
						961
						and the safety and health standards in Title 30 CFR Parts 1 to
						199.
Authority over mines is given to the federal
						  government under the federal Mine Safety and Health Act. The safety and health
						  related requirements for the operation of surface and underground mines are
						  contained in the Code of Federal Regulations issued by the Mine Safety and
						  Health Administration, Department of Labor, under Title 30 CFR Parts 46, 56 and
						  57.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter III - Additions to Federal Regulations › Section SPS 308.20 - Additions to federal regulations

Current through June 24, 2024
The additions to the federal mine safety and health
						administration regulations are specified in this subchapter and are rules of
						the department.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 308 - Mines, Pits and Quarries › Subchapter III - Additions to Federal Regulations › Section SPS 308.21 - Abandoned shafts and wells

Current through June 24, 2024
(1) PROTECTION. All
					 abandoned mine shafts, exploration shafts and test wells in this state shall
					 comply with s.
					 167.27(5)
					 and (6), Stats.
(2)MAPPING OF UNDERGROUND WORKINGS.
(a) All underground workings shall be
					 surveyed and mapped within a reasonable time as work develops. All underground
					 workings shall be surveyed and mapped before they are allowed to become
					 inaccessible. All surveys shall be tied to an exterior quarter section
					 corner.
(b) Before any mine having
					 underground workings is abandoned, the operator of the mine shall have an
					 engineer or surveyor make a map, on a scale not smaller than 100 feet to the
					 inch, showing all underground workings. A print or copy of such a map certified
					 by the operator or designee as being accurate shall be filed with the
					 department.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 309 - Anchoring and securing movable soccer goals › Section SPS 309.01 - Purpose

Current through June 24, 2024
This chapter establishes minimum standards for the
					 anchoring or securing of movable soccer goals to limit injuries resulting from
					 overturning.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 309 - Anchoring and securing movable soccer goals › Section SPS 309.02 - Scope and application

Current through June 24, 2024
(1) SCOPE.
(a) This chapter applies to movable soccer
				  goals whose inside measurements are 6.5 to 8 feet high and 18 to 24 feet wide,
				  except as provided in par. (b).
(b)
				  This chapter does not apply to tip-resistant goals that are labeled indicating
				  conformance to ASTM F2673, Standard Safety Specification for Special
				  Tip-Resistant Movable Soccer Goals.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 309 - Anchoring and securing movable soccer goals › Section SPS 309.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Movable soccer goal" has the meaning as
				  given in s.
				  167.21(1)
				  (c), Stats.
Note: Section
					 167.21(1)
					 (c)reads: "Movable soccer goals" means a
					 freestanding structure that consists of at least 2 upright posts, a crossbar,
					 and support bars and that is designed to be used as a soccer goal and to be
					 movable to different locations.
(2) "Public land" means any public and
				  private land where a movable soccer goal is made available for public
				  use.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 309 - Anchoring and securing movable soccer goals › Section SPS 309.10 - General requirements

Current through June 24, 2024
(1)
(a)
				  Except as provided in par. (b), as of July 1, 2011, a movable soccer goal shall
				  be anchored or secured by a method that will reduce the possibility of it
				  overturning at every location and relocation where the goal is made accessible
				  for public use.
(b) Anchorage or
				  securement of a movable goal need not occur for site maintenance activities
				  such as the temporary movement of a goal for mowing.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 314 - Fire Prevention › Subchapter I - Adoption and Application of NFPA®1, Fire Code › Section SPS 314.001 - Adoption and application

Current through June 24, 2024
(1) NFPA 1 .
(a)
Adoption of model fire
					 code.
NFPA 1,
Fire Code
- 2012, subject to the
					 modifications specified in this chapter, is hereby incorporated by reference
					 into this chapter.
Note:
A copy of NFPA 1,
Fire
						Code
, is on file in the offices of the Department and the Legislative
						Reference Bureau. Copies of NFPA 1,
Fire Code
, may be
						purchased from the National Fire Protection Association at 11 Tracy Drive,
						Avon, MA 02322; and may be purchased or accessed free of charge at
www.nfpa.org
.
(b)
Application of model fire
					 code.
The use, operation and maintenance of public buildings and
					 places of employment shall comply with NFPA 1 as referenced in par. (a), except
					 as otherwise provided in this chapter.