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.
Vacant or unoccupied buildings. If interior access to vacant or unoccupied buildings cannot be obtained, an exterior inspection shall be conducted.
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.
Townhouses, rowhouses, residential condominiums and apartments with no common use areas. An exterior inspection of these occupancies shall be conducted.
Fully-sprinklered residential condominiums and apartments, if less than 3 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.
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.
For low-use buildings or places of employment, including those specified in subd. 6. b.
, in lieu of the inspection frequency specified in subd. 3.
, 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.
Temporary-occupancy uses — such as farm structures temporarily used for winter storage, horse stables or riding arenas.
SPS 314.01 Note
To reduce the potential for difficulties to arise during the audits addressed in section SPS 314.01 (15) (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.
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.
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.
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
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 Safety and Buildings Division through one or more of the following means: in the Appendix; at P.O. Box 7839, Madison, WI 53707-7839; or at the Department's Web site at http://dsps.wi.gov
, through links to Safety and Buildings forms.
Fire safety inspections shall be conducted by the department or deputy or an authorized representative of the deputy.
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)
, 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
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."
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.
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:
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.
2. `Residential fire inspection program.'
Fire departments advertise and conduct residential fire inspections on a request basis or in response to local ordinance.
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.
4. `School education program.'
Fire departments conduct approved fire safety education programs in the school districts for which they have responsibility.
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.
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.
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.
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.
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.
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.
The following fire department dues entitlement records shall be generated and maintained by each fire department:
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.
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.
Number and duration of, topic of and attendance at fire department training sessions.
Number, type, and duration of, and attendance of fire department members at, public fire education related activities.
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
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.
(14) Fire department dues.
These are department rules in addition to the requirements in NFPA 1 chapter 1:
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)
, Stats., and this chapter, throughout the entire municipality.
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.
In first class cities, fire inspections may be provided by the neighborhood services department.
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)
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.
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:
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
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 the Safety and Buildings Division's Fire Prevention program and then Wisconsin's fire program online system.
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.
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.
In addition to the self-certification process, the department shall periodically conduct audits of fire department dues entitlement records to determine substantial compliance with the fire department dues entitlement program for the previous calendar year.
The department shall periodically examine fire department dues entitlement records, including the records required in sub. (13) (b) 8.
, and in NFPA 1 section 1.11.2, to verify that the required fire prevention and fire protection services were provided within the territory served by the fire department and, within first class cities, by the building inspection department.
SPS 314.01 Note
The information required in the entitlement records is as specified in sections 101.14 (2)
of the Statutes. Under those sections, the fire incident reports that are addressed in subsection (11), and any records of fire prevention inspections beyond public buildings and places of employment, are not fire dues entitlement records.
The department shall write a report summarizing the results of each audit.
A department audit determination under this subsection may be appealed only in accordance with this paragraph or ch. 227, Stats.
An appeal may be filed only by either a fire department that fails an audit conducted under par. (d)
, or by a municipality served by that fire department.
3. `Timing of an appeal.'
An appeal may only be filed after the department issues a written determination of failure, but no later than 30 business days after that issuance. If no appeal is received by the department within that time period, the initial determination of failure shall become effective.
4. `Processing an appeal.'
The department shall forward the appeal to the appeals board established under subd. 5.
5. `Appeals board.'
The department shall appoint an appeals board comprised of the following members: a volunteer fire chief, a paid fire chief, a fire inspector, a volunteer firefighter, a paid firefighter, a representative of the League of Wisconsin Municipalities, and a representative of the Wisconsin Towns Association.
6. `Support staff and resources.'
The department shall provide support staff and other resources needed for the functions of the appeals board.
7. `New information.'
New information submitted with an appeal may result in remanding the appeal back to a lower level.
If requested by the appellant, the board shall allow oral testimony in addition to the written material filed under subd. 2. a.
Any oral testimony shall be presented either through a teleconference or at a hearing location determined by the department.
Four members of the board shall constitute a quorum. For the purpose of conducting business, a majority vote of the entire board, excluding any vacant positions, is required.
Findings of the appeals board shall be forwarded to the secretary of the department no later than 30 business days after the department receives the appeal, unless a later deadline is agreed upon by both the appellant and the appeals board.
10. `Decision by the secretary.'
No later than 30 days after receipt of the findings of the appeals board, the secretary of the department shall consider the findings and, in writing, either uphold or overturn the department's initial determination of failure.