Wis. Admin. Code Department of Safety and Professional Services SPS 341.03

Current through October 28, 2024
Section SPS 341.03 - Application
(1) RETROACTIVITY.
(a) The operation, testing, maintenance and inspection requirements of this chapter apply to all boilers, pressure vessels, power piping, solid-fuel-fired water-heating appliances, and their components, that exist on or after June 1, 2012.
(b) A design, construction or installation rule of this chapter, including the applied criteria from the standards adopted in s. SPS 341.10, does not apply retroactively to boilers, pressure vessels, power piping, solid-fuel-fired water-heating appliances, and their components, that were installed prior to the effective date of the rule unless specifically stated in the rule or standard.
(c) The design, construction and installation requirements of this chapter apply to any alterations, repairs, and replacement parts or components for all boilers, pressure vessels, power piping, solid-fuel-fired water-heating appliances, and their components, that exist on or after June 1, 2012.

Note: A proposed alteration for an existing boiler, pressure vessel or power piping may necessitate modifying other components 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.

(2) 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, except as provided in sub. (3).
(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).
(3) EXCLUSIONS. The department-written rules in this chapter do not nullify any exclusions specified in the standards adopted under s. SPS 341.10.
(4) 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."

(5) LOCAL REQUIREMENTS. This chapter does not limit the power of cities, villages and towns to make or enforce additional or more stringent requirements, provided the requirements do not conflict with this chapter, any other rule of the department, or law.

Wis. Admin. Code Department of Safety and Professional Services SPS 341.03

CR 08-028: cr. Register November 2008 No. 635, eff. 12-1-08; correction in (3) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; CR 11-047: r. and recr. Register May 2012 No. 677, eff. 6-1-12.