Section 305.68. Tank system inspectors.

 

(1)   General. No person may inspect a tank system that is regulated under ch. ATCP 93 , to administer and enforce ch. ATCP 93 , unless the person holds a certification issued by the department of agriculture, trade and consumer protection or the department of safety and professional services as a certified tank system inspector.

(2)   Application for examination. A person applying to take a tank system inspector certification examination shall submit all of the following:

(a) An application in accordance with s. SPS 305.01 .

(b) An application fee and examination fee in accordance with s. SPS 305.02 , Table 305.02.

(3)   Qualifications for examination. A person applying to take a tank system inspector certification examination shall have completed an approved educational course or training program that included at least 3 days of field exercises, within the 2 years immediately preceding the application.

(4)   Examination. A person seeking to obtain a tank system inspector certification shall take and pass an examination in accordance with s. SPS 305.09 .

(5)   Application for certification. Upon notification of successfully passing the examination for a tank system inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c) .

(6)   Responsibilities. A person who inspects tank systems as a certified tank system inspector shall:

(a) Perform regulatory enforcement of related code requirements in chs. ATCP 93 and SPS 305 .

(b) Issue non-compliance or violation-correction orders and conduct follow-up inspections as necessary to verify correction.

(c) Pursue failure to comply with correction orders through local or department enforcement referral procedures.

(d) Maintain a record of the inspections made including the dates and the findings of the inspections.

(e) Provide a copy of the inspection report to the owner of the tank system or his or her agent.

(f) Make available to the department upon request his or her tank system inspection records.

(7)   Renewal.

(a)

1. A person may renew his or her certification as a tank system inspector.

2. A tank system inspector certification shall be renewed in accordance with s. SPS 305.07 .

(b)

1. The renewal of a certification as a certified tank system inspector shall be contingent upon the inspector obtaining at least 12 hours of acceptable continuing education prior to the expiration date of the certification as specified in s. SPS 305.08 and Table 305.06, except as provided in subd. 2.

2. A person who holds a certification as a certified tank system inspector may apply to the department for waiver of the continuing education requirements under subd. 1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.

Cr. Register, October, 1996, No. 490 , eff. 11-1-96; am. (2) (b), r. and recr. (4) and (7) (a), Register, March, 1998 , eff, 4-1-98; am. (1), (5) and (7) (b), Register, April, 2000, No. 532 , eff. 5-1-00; CR 06-127 : am. (1), (3) and (7) (b) 1., Register September 2007 No. 621 , eff. 10-1-07; CR 11-020 : renum. (6) (a) to (c) to be (d) to (f), cr. (6) (a) to (c), Register December 2011 No. 672 , eff. 1-1-12; correction in (1), (2) (a), (b), (4), (5), (6) (a), (7) (a) 2., (b) 1. made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; corrections in (1), (6) (a) made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 ; CR 14-010 : am. (7) (b) 1. Register August 2014 No. 704 , eff. 9-1-14.

Note

Inspectors with authority granted by the local municipality may utilize the respective enforcement procedures as granted by the respective authority. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 19.32 (2) , Stats., considers a record to be material containing written or electromagnetic information. The department will consider computer records to be equivalent to written reports. Microsoft Windows NT 6.1.7601 Service Pack 1 Authority over s. SPS 305.68 was transferred to the Department of Agriculture, Trade and Consumer Protection under 2013 Wis. Act 20 , s. 9138 (3) (fm) and (4) (f). Microsoft Windows NT 6.1.7601 Service Pack 1