Wis. Admin. Code Department of Safety and Professional Services SPS 307.20

Current through August 26, 2024

Section SPS 307.20 - Definitions

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.

(11) "Department" means the department of safety and professional services.

(12) "Explosive" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion unless the compound, mixture or device is otherwise classified by the department by rule.

(13) "Explosive materials" means explosives, blasting agents and detonators. The term includes, but is not limited to, dynamite and other high explosives, slurries, emulsions, water gels, blasting agents, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters.

(14) "Fireworks" has the meaning given in s. 167.10(1) (intro.), Stats., and includes a device listed under s. 167.10(1) (e), (f) or (i) to (n), Stats.

Note: Section 167.10(6m) (a), Stats., states that a person must have a fireworks manufacturing license in order to manufacture fireworks or a device listed under s. 167.10(1) (e), (f) or (i) to (n), Stats.

Note: Under s. 167.10(1)(intro.), Stats., "fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use. Section 167.10(1) (e), (f) and (i) to (n), Stats., reads as follows:

Section 167.10(1) (e) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.

(f) A toy snake which contains no mercury.

(i) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.

(j) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.

(k) A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive mixture.

(l) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.

(m) A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(n) A cone fountain that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(15) "Flyrock" means rock that is propelled through the air from a blast.

(15m) "GPS" means the Global Positioning System.

(16) "Ground vibration" means a shaking of the ground caused by the elastic wave emanating from a blast.

(17) "Inhabited building" means a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosive materials.

(17m) "Municipality" means a city, village, or town in this state.

(18) "Operator" means the person who is responsible for the operation at a mine, pit, quarry, or construction site where blasting activity occurs.

(19) "Particle velocity" means any measure of ground vibration describing the velocity at which a particle of ground vibrates when excited by a seismic wave.

(20) "Person" means any individual, corporation, company, association, firm, partnership, society or joint stock company.

(21) "Unreasonable annoyance" means an excessive, repeated noise, action, or other disturbance caused by use of explosive materials that is not in compliance with the standards under this chapter.

Wis. Admin. Code Department of Safety and Professional Services SPS 307.20

CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; correction in (11) made under s. 13.92(4) (b) 6, Stats., Register December 2011 No. 672.

Amended by, CR 17-034: cr. (15m), (17m), am. (21), Register March 2018 No. 747, eff. 4/1/2018