Wis. Admin. Code Department of Safety and Professional Services SPS 340.11

Current through November 25, 2024
Section SPS 340.11 - Scope and application
(1) GENERAL.
(a) This chapter applies to the design, construction, installation, inspection, operation, testing, maintenance, repair and alteration of gas systems for fueling purposes, such as for heating appliances or engines.
(b) All of the following gases are regulated by this chapter:
1. Liquefied petroleum gas.
2. Liquefied natural gas.
3. Compressed natural gas.
4. Gaseous hydrogen.
5. Liquefied hydrogen.
(2)EXCEPTIONS.
(a) This chapter does not apply to a gas system or any portion of a gas system that is within a building or structure, or downstream of a pressure-regulator valve which reduces a gas pressure to a level used within a building or structure, except as specified in pars. (b) to (d).
(b) This chapter applies to every vehicle-fuel dispensing system that fits any of the following descriptions:
1. It is used for fueling vehicles other than at a home or residence.
2. If for compressed natural gas, it has a capacity exceeding 5 cubic feet per minute.
3. If for gaseous hydrogen, it has a capacity exceeding 18 cubic feet per minute.
(c) This chapter applies to every gas system that is used for filling containers.
(d) This chapter applies downstream of the point specified in par. (a) if the conveyed gas is burned in an industrial process, which includes heating appliances or equipment that is used for other than space heating for human comfort.

Note: See chapter SPS 341 for requirements relating to pressure vessels for gases that are not used to fuel industrial processes, or heating appliances or equipment. See chapter SPS 345 for requirements relating to gasses that are used in mechanical refrigeration systems.

(3)VEHICLES AND WATERCRAFT. This chapter does not apply to vehicles or watercraft that use or transport the gases addressed in this chapter, except as specified in s. SPS 340.43(1) and subch. V.
(4)EXCLUSIONS. This chapter does not nullify any exclusions specified in the standards adopted under s. SPS 340.40.
(5)RETROACTIVITY.
(a) The design, construction and installation rules of this chapter, including the applied criteria from the standards adopted in s. SPS 340.40, do not apply retroactively to gas systems or components existing prior to September 1, 2011, unless specifically stated in the rule or standard.
(b) The operation, testing, maintenance and inspection requirements of this chapter apply to all gas systems that exist on or after September 1, 2011.
(c) The design, construction and installation requirements of this chapter apply to any alterations, repairs, and replacement parts or components for any gas system that exists on or after September 1, 2011.

Note: A proposed alteration for an existing system may necessitate modifying other components of the system in order to make the proposed alteration comply with this chapter - and some alterations may necessitate modifying other features of a building, such as an automatic fire sprinkler system, that must comply with requirements in chapters SPS 361 to 366, the Wisconsin Commercial Building Code.

(6)DIFFERING RULES.
(a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern.
(b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).
(c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).
(7)INTERPRETATIONS. Under s. 101.02(1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.

Note: Section 101.02(1) of the Statutes reads as follows: "The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings."

(8)FIRST CLASS CITIES. All references in this chapter to submitting documentation to or having inspections performed by a first class city apply only to gas systems within that city.

Wis. Admin. Code Department of Safety and Professional Services SPS 340.11

CR 11-002: cr. Register August 2011 No. 668, eff. 9-1-11; correction in (3), (4), (5) (a) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.

The scope of some of the standards that are adopted by reference in subchapter IV are broader than the scope of this chapter. For example, NFPA® 52 contains requirements for liquefied natural gas and compressed natural gas engine fuel systems on vehicles. Any requirements which are beyond the scope of this chapter cannot be enforced under this chapter, but may be adopted by local ordinances. Those ordinances may be adopted under statutory authority that is separate from the Department's statutory authority.

Chapters SPS 361 to 366 contain the Department's requirements for fuel gas systems that are beyond the scope of this chapter and within public buildings and places of employment. Chapters SPS 320 to 325 contain requirements for fuel gas systems that are beyond the scope of this chapter and for one- and 2-family dwellings.

See chapter SPS 310 for the Department's requirements relating to storage, dispensing, handling and use of flammable, combustible or hazardous liquids. Those liquids are defined in that chapter in a manner which differentiates them from the substances regulated by this chapter. See chapter SPS 314 for requirements relating to fire prevention. See chapter SPS 341 for requirements relating to pressure vessels for gaseous or liquid hydrogen that is not used to fuel heating appliances, industrial processes or engines. See chapter SPS 345 for requirements relating to gasses that are used in mechanical refrigeration systems.