Statement of Scope
Department of
Safety and Professional Services
Rule No. :
|
Chapter
s
SPS
307, 308,
303,
305,
a
nd 314
|
Relating to
:
|
Explosives, fireworks, mines, pits, and quarries
|
1.
Detailed d
escription of the objective of the
proposed
rule:
The primary objective of this rulemaking project is to evaluate and update
ch
.
SPS 307
,
Explosives and
f
ireworks
, and chapter SPS 308,
Mines,
p
its and quarries
.
This rulemaking update is
intended to keep th
ese
administrative rule chapters
consistent with c
urrent
regional and national
public safety
and fire prevention practices and standards
,
and
with
legislation
enacted
since the previous update of
th
ese chapters
.
In addition, the project
is expected to
evaluate other administrative codes of the
Department
that may be affected by th
is
update of
chs.
SPS 307
and
308
,
including
chs
.
SPS
303
,
305
,
and
3
14
,
relating to
,
administrative procedures; licenses, certifications and registrations
;
and
fire prevention. This evaluation may result in changes and
updates
of
the
rules
in
these chapters.
2. Description of
the
existing policies relevant to the rule
,
new policies proposed to be included in the rule
,
and an
analysis of policy alternatives:
Chapter
SPS 307
contains standards for the use of blasting materials and blasting resultants; and
incorporates by reference the 2006 edition of the National Fire Protection Agency’s (NFPA) 495, Explosive Materials Code
.
This chapter also includes provisions for the licensing and inspection of fireworks manufacturers.
Chapter
SPS 308
establishes requirements and regulations for mines, pits and quarries in addition to the federal requirements in
30 USC 811
,
957
and
961
and the safety and health standards in Title
30 CFR Parts 1
to
199
.
The primary purpose of the codes under consideration is to protect public safety,
health,
and welfare. Per
iodic review and update of the
se
c
odes i
s necessary to ensure that they
still achieve that purpose. In addition, the review and update allows the opportunity to recognize and stay current with
fire protection and public safety
products and practices. The review and update
under this scope statement
will include
evaluation of the 201
3
edition
of the abov
e-mentioned
explosive materials code
for incorporation
.
A review of regulations affecting mines, pits, and quarries will evaluate the existing code in relation to current day practice.
The primary alternative
would be to
not perform this
rule-review process. This would reduce the public benefits that would otherwise occur by
performing
this review.
3.
Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section
101.02 (1)
,
Stats
.
reads
,
“
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
.
”
Section
101.15 (2) (e)
, Stats. reads:
“The department shall promulgate rules to effect the safety of mines, explosives, quarries and related activities. Such rules shall 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 any person or property outside any controlled blasting site area.
Section
167.10 (6m)
, Stats. reads in part: The department of safety and professional services shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under…
”
4. Estimate of amount of time that state employees will spend develop
ing
the rule and of other resource
s necessary to develop the rule:
The Department estimates approximately
5
00 hours will be needed to perform the review and develop any needed rule changes. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
5.
List with description of all entities that may be affected by the proposed rule:
The proposed rules may affect any business
or other entity
involved with the
use, manufacture
, or inspection of
explosives or fireworks and any business or other entity involved with the operation or inspection of mines, pits, or quarries
.
6
. Summa
ry and preliminary comparison with
any existing or proposed federal regulation that is intended to address the activities to be regulated by t
he rule:
Explosives and fireworks
Code of Federal Regulations
– An Internet-based search for “
federal
explosives
code
”
and
“
federal fireworks code
”
in the
Code of Federal Regulations
(CFR) did not identify any federal regulations pertaining to these topics.
Federal Register
–
An Internet-based search for
“
federal
explosives
code” and “
federal fireworks code
” in the
Federal Register
did not identify any proposed federal regulations pertaining to these topics.
The proposed rule package is expected to update the incorporation by reference of NFPA 495, Explosive Materials Code
to the 2013 edition
. The next version of NFPA 495 will be the 2018 edition, which is not expected to be published until late 2017.
Mines, pits, and quarries
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
. The provisions of the United States Code (USC) and the
Code of Federal Regulations
(CFR) are occasionally updated by the federal government. There are no current planned updates of these sections.
7
. Anticipated economic impact of implementing the rule
(
n
ote if the rule is likely to have a significant economic impact on small businesses):
The anticipated economic impact of implementing this rule is m
inimal
. The rule is
not
likely to have a significant impact on a substantial number of small businesses.
