SPS 314.01 NoteSection 101.02 (13) (a) of the Statutes indicates penalties will be assessed against any employer, employee, owner or other person who fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the Department, for which no penalty has been specifically provided, or who fails, neglects or refuses to comply with any lawful order made by the Department, or any judgment or decree made by any court in connection with sections 101.01 to 101.599 of the Statutes. For each such violation, failure or refusal, such employee, owner or other person must forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each violation.
SPS 314.01(13) (13)Fire chief and fire department duties. These are department rules in addition to the requirements in NFPA 1 chapter 1:
SPS 314.01(13)(a) (a) Authorized deputy of the department. The fire chief of the fire department in every city, village or town, except cities of the first class, is a duly authorized deputy of the department.
SPS 314.01(13)(b) (b) Fire prevention inspections.
SPS 314.01(13)(b)1.1. `General.' The chief of the fire department shall be responsible for having all public buildings and places of employment within the territory of the fire department inspected for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of any law or ordinance relating to fire hazards or to the prevention of fires.
SPS 314.01(13)(b)2. 2. `Determining the buildings that are to be inspected.' The fire chief shall be responsible for determining those public buildings and places of employment that are to be inspected, for each municipality for which the fire department has responsibility.
SPS 314.01(13)(b)3. 3. `Scheduling of inspections.' Fire prevention inspections shall be conducted at least once in each non-overlapping 6-month period per calendar year, or more often if ordered by the fire chief, in all territory served by the fire department, except as provided in subds. 4. to 7.
SPS 314.01 Note Note: The Department of Health Services may require additional fire inspections for nursing homes.
SPS 314.01(13)(b)4. 4. `Exception for first class cities.' In first class cities, the fire chief may establish the schedule of fire inspections. The fire chief shall base the frequency of the inspections on hazard classification, the proportion of public area, the record of fire code violations, the ratio of occupancy to size and any other factor the chief deems significant. Property other than residential property with 4 dwelling units or less shall be inspected at least once annually.
SPS 314.01(13)(b)5. 5. `General exception for other municipalities.' Within the territory of each fire department, in each municipality other than first class cities, the following types of occupancies shall be inspected at least once per calendar year, provided the interval between those inspections does not exceed 15 months:
SPS 314.01(13)(b)5.a. a. Offices, outpatient clinics and dental clinics, if less than 3 stories in height.
SPS 314.01(13)(b)5.b. b. Unoccupied utility facilities, such as a water well facility, electric power substation and communication facility.
SPS 314.01(13)(b)5.c. c. Places of worship that do not have a rental hall, child day care facility or preschool to 12th grade instruction within the immediate church building.
SPS 314.01(13)(b)5.d. d. Buildings at colleges and universities, if used exclusively for classroom lecture or offices, provided there are no laboratories, chemical storage or industrial arts rooms in the building.
SPS 314.01(13)(b)5.e. e. Libraries, museums and art galleries.
SPS 314.01(13)(b)5.f. f. Hotels and motels, if less than 3 stories in height.
SPS 314.01(13)(b)5.g. g. Townhouses and rowhouses, if less than 3 stories in height.
SPS 314.01(13)(b)5.h. h. Residential condominiums and apartments, if there are less than 5 units under one roof.
SPS 314.01(13)(b)5.i. i. Convents and monasteries.
SPS 314.01(13)(b)5.j. j. Detention and correctional facilities.
SPS 314.01(13)(b)5.k. k. Garages used for storage only.
SPS 314.01(13)(b)5.L. L. Pedestrian walkways and tunnels, membrane structures, open parking structures, outdoor theaters, assembly seating areas, greenhouses and mini-storage buildings. If interior access to mini-storage buildings cannot be obtained, an exterior inspection shall be conducted.
SPS 314.01(13)(b)5.m. m. Vacant or unoccupied buildings. If interior access to vacant or unoccupied buildings cannot be obtained, an exterior inspection shall be conducted.
SPS 314.01(13)(b)5.n. n. Confined spaces. An area that is identified by a sign as a permit-required confined space need not be internally inspected, but an exterior inspection shall be conducted.
SPS 314.01(13)(b)5.o. o. Townhouses, rowhouses, residential condominiums and apartments with no common use areas. An exterior inspection of these occupancies shall be conducted.
SPS 314.01(13)(b)5.p. p. Fully-sprinklered office buildings up to 60 feet in height.
SPS 314.01(13)(b)5.q. q. Fully-sprinklered residential condominiums and apartments, if less than 3 stories in height.
SPS 314.01(13)(b)5.r. r. Fully-sprinklered townhouses and rowhouses, if less than 4 stories in height.
SPS 314.01 Note Note: Fully-sprinklered buildings are protected throughout by an automatic fire sprinkler system as specified in NFPA 13 or 13R, as referenced in chapters SPS 361 to 366.
SPS 314.01(13)(b)5.s. s. Seasonal or periodic occupancies, provided at least one interior inspection is conducted during an occupancy period and provided the occupancy does not extend beyond 6 months in any calendar year.
SPS 314.01(13)(b)6. 6. `Discretionary exception for other municipalities.'
SPS 314.01(13)(b)6.a.a. For low-use buildings or places of employment, including those specified in subd. 6. b. to f., in lieu of the inspection frequency specified in subd. 3. or 5., the fire chief may base the frequency of the inspections on hazard classification, the proportion of public area, the record of fire code violations, the ratio of occupancy to size and any other factor the chief deems significant. Property other than residential property with 4 dwelling units or less shall be inspected at least once annually.
SPS 314.01(13)(b)6.b. b. Seasonal occupancies.
SPS 314.01(13)(b)6.c. c. Temporary-occupancy uses — such as farm structures temporarily used for winter storage, horse stables or riding arenas.
SPS 314.01(13)(b)6.d. d. Home-occupation accessory buildings used as businesses.
SPS 314.01(13)(b)6.e. e. Seldom or infrequently occupied buildings.
SPS 314.01(13)(b)6.f. f. Unoccupied buildings.
SPS 314.01 Note Note: To reduce the potential for difficulties to arise during the audits addressed in section SPS 314.01 (14) (d), fire chiefs who exercise this discretion should either declare the corresponding buildings and inspection frequency in advance, or maintain a corresponding list of buildings to be inspected and their inspection frequency.
SPS 314.01(13)(b)7. 7. `Local ordinances for reducing the frequency of inspections.'
SPS 314.01(13)(b)7.a.a. Where authorized by a local ordinance, a city, village or town may reduce the inspections required under subd. 3. to at least once per calendar year, provided the interval between those inspections does not exceed 15 months.
SPS 314.01(13)(b)7.b. b. Any local ordinance adopted under subd. 7. a. shall be made available to the department during an audit conducted under sub. (14) (d).
SPS 314.01(13)(b)7.c. c. Any special order granted by the department prior to January 1, 2011, that authorized a city, village, or town to reduce the number of required inspections shall expire by that date.
SPS 314.01(13)(b)8. 8. `Inspection reports.' The fire chief shall make and keep on file reports of fire prevention inspections, except in first class cities the commissioner of the building inspection department shall make and keep the reports. For at least 7 years, the reports shall be maintained in written form or in another form capable of conversion into written form within a reasonable amount of time.
SPS 314.01 Note Note: The Department has developed fire inspection report forms that may be used by fire departments. The fire inspection report forms (SBD-10615A and SBD-5295) are available from the Division of Industry Services through one or more of the following means: in the Appendix; at P.O. Box 7162, Madison, WI 53707-7162; or at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 314.01(13)(b)9. 9. `Inspectors.' Fire safety inspections shall be conducted by the department or deputy or an authorized representative of the deputy.
SPS 314.01(13)(b)10. 10. `Statutory inspection authority.' The rules of this chapter do not limit or deny the ability of department deputies to conduct the activities under s. 101.14 (1) (a) and (b), Stats., for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to fire hazards or to the prevention of fire.
SPS 314.01 Note Note: Under section 101.14 (2) (a) of the Statutes, and as referenced in section SPS 314.01 (14) (a), "The chief of the fire department in every city, village, or town, except cities of the 1st class, is constituted a deputy of the department."
SPS 314.01(13)(b)11. 11. `Fire inspector training.' All fire department personnel directly involved in conducting fire inspections are authorized by the department and by the fire chief to conduct the inspections upon completion of training approved by the fire chief.
SPS 314.01(13)(c) (c) Public fire education services. Each fire department shall provide public fire education services within the territory served by the fire department. The services may be selected from the following public fire education-related activities, or may be other activities acceptable to the department:
SPS 314.01(13)(c)1. 1. `Fire prevention week program.' Fire departments complete any combination of the following activities during national fire prevention week: children's poster contest; fire department open house; school visits to teach children fire safety; fire department fire safety demonstrations, including but not limited to fire fighting demonstrations, fire extinguisher and smoke detector demonstrations, stop, drop and roll demonstrations or an activity that specifically relates to a national fire prevention week theme.
SPS 314.01(13)(c)2. 2. `Residential fire inspection program.' Fire departments advertise and conduct residential fire inspections on a request basis or in response to local ordinance.
SPS 314.01(13)(c)3. 3. `Building plan review program.' Fire departments conduct plan reviews and approvals of fire safety related elements prior to construction of public buildings and places of employment.
SPS 314.01(13)(c)4. 4. `School education program.' Fire departments conduct approved fire safety education programs in the school districts for which they have responsibility.
SPS 314.01(13)(c)5. 5. `Continuing public fire education program.' Fire departments conduct public fire education programs, which may include monthly public service announcements for radio or television, monthly newspaper articles, booths at fairs, demonstrations at shopping centers, and billboards with fire safety messages.
SPS 314.01(13)(c)6. 6. `Public fire education speaking bureau.' Fire departments organize a group of speakers to make public fire education presentations to civic organizations, professional organizations, school organizations and similar groups.
SPS 314.01(13)(c)7. 7. `Youth fire awareness program.' Fire departments conduct youth fire awareness programs, including skill award and merit badge clinics for scouts, junior fire marshal program, juvenile fire setters program, first aid and CPR training and related activities.
SPS 314.01(13)(c)8. 8. `Fire extinguisher training program.' Fire departments conduct training programs for the public or industry regarding the operation of fire extinguishers. Industrial fire brigade training programs may be conducted to complete this activity.
SPS 314.01(13)(c)9. 9. `Occupancy inspection program.' Fire departments conduct inspections of public buildings and places of employment prior to the issuance of local occupancy permits. Written documentation of the inspections is kept by each fire department.
SPS 314.01(13)(c)10. 10. `Smoke detector awareness program.' Fire departments conduct programs to inform people regarding the effectiveness and proper installation of smoke detectors in residential buildings, public buildings and places of employment.
SPS 314.01(13)(d) (d) Record keeping. The following fire department dues entitlement records shall be generated and maintained by each fire department:
SPS 314.01(13)(d)1. 1. Current roster of active fire department members.
SPS 314.01(13)(d)2. 2. Time, date, location, and number of firefighters responding, excluding the chief, for each first alarm for a building. For any of these responses that are in combination with another fire department under a mutual aid agreement, the record under this paragraph shall include the name of that department and the number of firefighters, excluding the chief, responding from that department.
SPS 314.01(13)(d)3. 3. Number and duration of, and attendance at, fire department meetings, if the fire department is a volunteer fire department. For the purposes of this requirement, a volunteer fire department does not have any member who is paid for 36 hours or more of work, on a weekly basis.
SPS 314.01(13)(d)4. 4. Number and duration of, topic of and attendance at fire department training sessions.
SPS 314.01(13)(d)5. 5. Number, type, and duration of, and attendance of fire department members at, public fire education related activities.
SPS 314.01(13)(e) (e) Availability of records. For at least 7 years, the records specified in par. (d) shall be maintained in written form or in another form capable of conversion into written form within a reasonable amount of time; and shall be made available to the department and to the public, upon request to the fire department.
SPS 314.01 Note Note: Section 19.32 (2) of the Statutes considers a record to be material containing written or electromagnetic information. The department will consider computer records to be equivalent to written reports.
SPS 314.01(14) (14)Fire department dues. These are department rules in addition to the requirements in NFPA 1 chapter 1:
SPS 314.01(14)(a) (a) Eligibility.
SPS 314.01(14)(a)1.a.a. In order to be eligible to receive a fire department dues payment, a municipality shall be in substantial compliance with the requirements for fire protection and fire prevention services specified in ss. 101.14 (2) and 101.575, Stats., and this chapter, throughout the entire municipality.
SPS 314.01(14)(a)1.b. b. The training program required under s. 101.575 (3) (a) 3., Stats., shall be in accordance with ch. SPS 330 for public sector fire departments and in accordance with 29 CFR 1910.156 for private sector fire departments.
SPS 314.01(14)(a)2.a.a. Fire protection and fire prevention services shall be provided by the fire department, except as provided in subd. 2. b. A municipality not maintaining a fire department shall have the services provided through contract. A fire department may use mutual aid agreements as a means of providing fire protection services.
SPS 314.01(14)(a)2.b. b. In first class cities, fire inspections may be provided by the neighborhood services department.
SPS 314.01(14)(b) (b) Compliance determination.
SPS 314.01(14)(b)1.1. `General.' The department shall determine substantial compliance with the fire department dues entitlement program through the self-certification process specified in par. (c) and the audit process specified in par. (d).
SPS 314.01(14)(b)2. 2. `Multiple fire departments.' Where a municipality is served by more than one fire department and any one of the fire departments is determined to be in noncompliance within that municipality, the entire municipality shall be determined to be in noncompliance.
SPS 314.01(14)(b)3. 3. `Notice of noncompliance.' The department shall issue a notice of noncompliance to the municipality and the chief of the fire department that the department has determined to be in noncompliance. The determination shall be based on one or more of the following causes:
SPS 314.01(14)(b)3.a. a. The municipality fails to return the self-certification form on time.
SPS 314.01(14)(b)3.b. b. The municipality returns an incomplete self-certification form.
SPS 314.01(14)(b)3.c. c. The municipality self-certifies noncompliance.
SPS 314.01(14)(b)3.d. d. An audit results in failure.
SPS 314.01(14)(c) (c) Self-certification.
SPS 314.01(14)(c)1.1. A municipality shall annually complete and submit a fire department dues entitlement self-certification form for the previous calendar year. The certification shall be made on the form provided by the department and the form shall be returned to the department on or before April 1.
SPS 314.01 Note Note: In January 2011, the Department replaced its paper-based self-certification process with a Web-based process that includes online registration and annual online input from both the clerk and the fire chief for a municipality. Further information about this process is available at the Department's Web site at www.dsps.wi.gov through links to Industry Services Division's Fire Prevention program and then Wisconsin's fire program online system.
SPS 314.01(14)(c)2. 2. A municipality shall identify on the self-certification form the name of every fire department and the chief of the fire department that provided fire protection services and fire prevention services, to the municipality in the last calendar year. This identification shall be used to determine which fire departments are entitled to receive fire department dues from the municipality.
SPS 314.01(14)(c)3. 3. The chief of the fire department that provided the fire protection and fire prevention services and the clerk of the municipality shall sign the self-certification form and indicate whether or not the municipality is in substantial compliance with state regulations regarding the fire department dues entitlement program. In first class cities, the commissioner of the building inspection department shall also sign the self-certification form.
SPS 314.01(14)(d) (d) Audit.
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