SPS 330.12   Self-contained breathing apparatus.
SPS 330.13   Personal alert safety system; life safety ropes, harnesses and hardware; eye, face and hearing protection.
Subchapter IX — Emergency Operations
SPS 330.14   Emergency operations.
Subchapter X — Facility Safety
SPS 330.145   Facility safety.
Subchapter XI — Medical
SPS 330.15   Physical and medical capabilities.
Subchapter XII — Member Assistance Referral Program
SPS 330.16   Member assistance referral program.
Subchapter XIII — Miscellaneous Activities
SPS 330.20   Hazardous materials.
SPS 330.21   Confined spaces.
SPS 330.22   Diving operations.
SPS 330.23   Miscellaneous hazardous situations.
Ch. SPS 330 Note Note: Chapter ILHR 30 as it existed on August 31, 1995, was repealed and a new chapter ILHR 30 was created effective September 1, 1995. Chapter ILHR 30 was renumbered Chapter Comm 30 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1999, No. 518. Chapter Comm 30 was renumbered chapter SPS 330 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. SPS 330 Subchapter I — Purpose and Scope
SPS 330.001 SPS 330.001Purpose. Pursuant to s. 101.055 (3) (a), Stats., the purpose of this chapter is to establish minimum safety and health standards for public sector fire department employees.
SPS 330.001 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 01-044: r. and recr. Register December 2001 No. 552, eff. 1-1-02.
SPS 330.002 SPS 330.002Scope. In addition to the requirements in ch. SPS 332, this chapter contains minimum requirements for an occupational safety and health program for public sector fire department employees involved in fire department operations.
SPS 330.002 Note Note: Chapter SPS 332 contains additional safety and health requirements for all public employees.
SPS 330.002 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 01-044: r. and recr. Register December 2001 No. 552, eff. 1-1-02; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 330.003 SPS 330.003Application.
SPS 330.003(1) (1)Covered. This chapter applies to all fire departments having public employees, whether existing prior to the effective date of this chapter or subsequently established.
SPS 330.003(2) (2)Not covered. This chapter does not apply to private sector employer fire companies and fire departments either of which are organized as non-stock, non-profit corporations under ch. 181, Stats., or under ch. 213, Stats., without the input of a municipality.
SPS 330.003 Note Note: Private sector employer fire companies and fire departments are regulated under 29 CFR 1910, especially section CFR 1910.156, of the federal Occupational Safety and Health Administration (OSHA) regulations.
SPS 330.003 Note Note: Most of the requirements of this chapter are based upon the National Fire Protection Association Standard NFPA No. 1500 - Standard on Fire Department Occupational Safety and Health Program. The requirements of subch. XI are based upon 29 CFR section 1910.156 (b) (2) of the OSHA regulations.
SPS 330.003(3) (3)Conflicts. If requirements of the statutes, this chapter or other Wisconsin administrative code chapters specify varying requirements, the requirement more protective of employee safety and health shall apply.
SPS 330.003 History History: CR 01-044: cr. Register December 2001 No. 552, eff. 1-1-02.
subch. II of ch. SPS 330 Subchapter II — Definitions
SPS 330.01 SPS 330.01Definitions. In this chapter:
SPS 330.01(1) (1) “Aerial device" means any extendable or articulating device that is designed to position fire fighters and handle fire fighting equipment.
SPS 330.01(2) (2) “Approved" means acceptable to the department.
SPS 330.01(3) (3) “Authority having jurisdiction" means the department.
SPS 330.01(4) (4) “Basic life support" means emergency medical treatment at a level authorized to be performed by emergency medical personnel, as defined in s. 941.37 (1) (c), Stats.
SPS 330.01 Note Note: Section 941.37 (1) (c), Stats., defines “emergency medical personnel" to be: “...an emergency medical technician licensed under s. 256.15, first responder certified under s. 256.15 (8), peace officer or fire fighter, or other person operating or staffing an ambulance or an authorized emergency vehicle."
SPS 330.01(5) (5) “Department" means the department of safety and professional services.
SPS 330.01(6) (6) “Emergency operation" means the provision of fire fighting, law enforcement, medical or other emergency service.
SPS 330.01(6h) (6h) “Employee" or “public employee", as defined in s. 101.055 (2) (b), Stats., means any employee of the state, of any state agency or of any political subdivision of the state.
SPS 330.01(6m) (6m) “Employer" or “public employer", as defined in s. 101.055 (2) (d), Stats., means the state, any state agency or any political subdivision of the state.
SPS 330.01(7) (7) “Fire apparatus" means a vehicle used for emergency operations.
SPS 330.01(8) (8) “Fire chief" means the highest ranking officer in charge of a fire department.
SPS 330.01(9) (9) “Fire department" means any public organization engaged in fire fighting.
SPS 330.01(10) (10) “Fire fighter" means any person performing the powers and duties of a fire department, whether or not that person is engaged in emergency operations. “Fire fighter" includes full-time and part-time employees and paid and unpaid volunteers.
SPS 330.01(11) (11) “Fire fighter organization" means an organization that represents the collective and individual rights and interests of fire fighters, such as a collective bargaining group or a fire fighters association. “Fire fighter organization" includes any organization that fire fighters authorize to represent their interests in negotiations with fire department managers.
SPS 330.01(12) (12) “Fire fighting" means any activity related to controlling and extinguishing an unwanted fire or a fire set for training fire fighters, including any activity that exposes a fire fighter to the danger of heat, flame, smoke or any other product of combustion, explosion or structural collapse, but does not include any activities pertaining to fighting wildland fires.
SPS 330.01(13) (13) “Fire vehicle" means any vehicle operated by a fire department, including fire apparatus.
SPS 330.01(14) (14) “Hazardous atmosphere" means any atmosphere that is oxygen deficient or that contains a toxic or disease producing contaminant, whether or not it is immediately dangerous to life or health.
SPS 330.01(15) (15) “Imminent hazard" means an act or condition that presents a danger to persons or property that is so urgent and severe that it requires immediate corrective or preventive action.
SPS 330.01(16) (16) “Incident command system" means an organized system of roles, responsibilities and suggested operating guidelines used to manage and direct emergency operations.
SPS 330.01(17) (17) “Member" means a person involved in performing the duties and responsibilities of a fire department, under the auspices of the organization. For the purposes of this chapter, a fire department member:
SPS 330.01(17)(a) (a) May be a full-time or part-time employee, or a paid or unpaid volunteer;
SPS 330.01(17)(b) (b) May occupy any position or rank within the fire department; and
SPS 330.01(17)(c) (c) May or may not engage in emergency operations.
SPS 330.01(18) (18) “New", as it relates to s. SPS 330.08, means a person hired, appointed or promoted to a position within an individual fire department after April 1, 1991.
SPS 330.01(19) (19) “Occupational illness" means an illness or disease caused or aggravated by serving as a fire fighter.
SPS 330.01(20) (20) “Occupational injury" means an injury sustained during the performance of the duties, responsibilities and functions of a fire fighter.
SPS 330.01(21) (21) “Officer in command" means a fire fighter assigned to direct emergency operations or manage the activities of a group of fire fighters.
SPS 330.01(23) (23) “Service test" means the regular, periodic inspection and testing of apparatus and equipment, according to an established schedule and procedure, to ensure that it is in safe and functional operating condition.
SPS 330.01(24) (24) “Special hazard" means a substance, device, event, circumstance or condition that presents an unusual and severe danger to fire fighters or an abnormally high level of fire danger. Special hazards include water rescue, confined space entry, high-angle rescue, and operations requiring specialized training.
SPS 330.01(25) (25) “Suggested operating guideline" means an organizational directive that establishes a standard course of action.
SPS 330.01(26) (26) “Structural fire fighting" means fire fighting that involves buildings, enclosed structures, enclosed vehicles or enclosed vessels.
SPS 330.01 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 01-044: cr. (6h) and (6m), r. (22), Register December 2001 No. 552, eff. 1-1-02; correction in (5), (18) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.
subch. III of ch. SPS 330 Subchapter III — Administration and Enforcement
SPS 330.011 SPS 330.011Inspections.
SPS 330.011(1) (1)Right of entry to investigate or inspect. The authorized representatives of the department, upon presentation of the appropriate credentials to an employer, may:
SPS 330.011(1)(a) (a) Enter without delay and at reasonable times any building, place of employment or workplace of a public employer, or an environment where work is performed by an employee of the employer; and
SPS 330.011(1)(b) (b) Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any employer or employee.
SPS 330.011(2) (2)Participation in inspections. Pursuant to s. 101.055 (5), Stats., a representative of the employer, an employee, or an employee representative shall be provided an opportunity to accompany a department inspector on any inspection made under this chapter.
SPS 330.011(3) (3)Requests for inspections.
SPS 330.011(3)(a)(a) Any person who believes a safety or health standard or variance is being violated, or that a situation exists which poses a recognized hazard likely to cause death or serious physical harm, may request the department to conduct an inspection.
SPS 330.011(3)(b) (b) If an employee or employee representative requesting an inspection so designates, that person's name may not be disclosed to the employer or any other person, including any state agency except the department.
SPS 330.011(3)(c) (c) When determined necessary by the department, a request for inspection shall be made on a form provided by the department.
SPS 330.011 Note Note: The complaint registration form (SBD-192) is available at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms. See s. 101.055, Stats., for information regarding the complaint process.
SPS 330.011(4) (4)Orders. Pursuant to s. 101.055 (6), Stats., the department shall issue orders for violation of this chapter.
SPS 330.011 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95.
SPS 330.012 SPS 330.012Posting department order. Upon issuance of an order of noncompliance, the employer shall post a copy of the order in accordance with s. 101.055 (6) (a) 1., Stats.
SPS 330.012 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 01-044: r. and recr. Register December 2001 No. 552, eff. 1-1-02.
SPS 330.013 SPS 330.013Variances. Pursuant to s. 101.055 (4), Stats., the department shall consider and may grant a temporary variance, an experimental variance or a permanent variance as specified in s. SPS 303.04 for a safety and health issue affecting public employees.
SPS 330.013 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 330.014 SPS 330.014Notices. Every employer shall post a notice which summarizes the employee's protections and rights as granted under s. 101.055, Stats.
SPS 330.014 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95.
SPS 330.015 SPS 330.015Penalties. Penalties for violations of this chapter may be assessed as specified in s. 101.02, Stats.
SPS 330.015 Note Note: Section 101.02 (13) (a), Stats., 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 ss. 101.01 to 101.25, Stats. 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 330.015 Note Note: Section 101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order.
SPS 330.015 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95.
subch. IV of ch. SPS 330 Subchapter IV — Adopted Standards
SPS 330.02 SPS 330.02Incorporation of standards by reference.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.