STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE DEPARTMENT OF
SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS #104–15, was approved by the Governor on September 21, 2015, published in Register #717B on September 28, 2015, and approved by the Department on October 9, 2015. This emergency rule was approved by the Governor on November 6, 2015.
ORDER
An order of the department to create SPS Table 305.02, Row 37m., Table 305.06, Row 32m., and 305.627, relating to certification to inspect fire detection, prevention, and suppression devices.
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FINDING OF EMERGENCY
This emergency rule will establish requirements and procedures for certification of inspectors of fire detection, prevention, and suppression devices which will include certification by the National Fire Protection Association (NFPA) as a Fire Inspector 1 or an equivalent certification as defined by the department.
Inspection of fire detection, prevention, and suppression devices by qualified inspectors certified by the state and the NFPA is in the best interest of public safety. An expeditious promulgation of this rule will enable timely certification of inspectors, better ensuring the safety of Wisconsin citizens.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 101.12 (4) (a), Stats., states “… any inspection performed to determine compliance with the rules promulgated by the department that relate to constructing, altering, or adding to public buildings and buildings that are places of employment may be performed only by a person who is certified under rules promulgated by the department to make such inspections.” Related statute or rule:
SPS 305 contains other rules related to licenses, certifications, and registration of trade persons and inspectors.
Plain language analysis:
In addition to reviewing new construction of public buildings, the Wisconsin Department of Safety and Professional Services (DSPS) also reviews building projects that involve alterations of, and additions to, existing public buildings. Inspections of construction, alteration and addition projects for public buildings, other than inspections of the installation of fire safety devices, must be performed by inspectors who are certified under rules promulgated by DSPS (e.g., installation of electrical, plumbing, boilers, elevators, etc.). Under prior law, the installation of fire detection, prevention and suppression devices (e.g., manual fire alarm systems, smoke and heat detection devices, fire extinguishing systems, standpipes, automatic fire suppression systems, automatic fire sprinkler systems, etc.) were subject to inspection by commercial building inspectors certified by the department.
2013 Wisconsin Act 270 requires DSPS to promulgate rules that establish procedures and requirements for issuing a new certification to individuals who will perform inspections of fire detection, prevention and suppression devices, which are installed during the construction, alteration of, or addition to, public buildings. Thus, in addition to commercial building inspectors certified by the department, the proposed rule will allow the performance of inspections of fire detection, prevention and suppression devices by persons who hold a valid certification from the National Fire Protection Association (NFPA) as a Fire Inspector I, or in the alternative, hold a valid equivalent certification as determined by DSPS.
Summary of, and comparison with, existing or proposed federal regulation:
According to Section 101.14 (4) (g) 2., Stats., “’fire detection, prevention and suppression devices’ include but are not limited to manual fire alarm systems, smoke and heat detection devices, fire extinguishers, standpipes, automatic fire suppression systems and automatic fire sprinkler systems.” There are several federal regulations relating to such “fire detection, prevention and suppression devices,” but none specifically require that a certified fire inspector perform an inspection of the installation of such devices. These federal regulations include:
