LRB-4078/2
RJM:cmh:jf
1999 - 2000 LEGISLATURE
March 13, 2000 - Introduced by Representatives Gunderson, Porter, Klusman,
Spillner, Musser, Albers, Vrakas
and Kedzie, cosponsored by Senators
Roessler, Darling and Zien. Referred to Committee on Urban and Local
Affairs.
AB878,2,5 1An Act to repeal 101.14 (4m), 101.145, 101.573 (1), 101.575 (1) (c) and 101.575
2(3) (intro.) and (a) (intro.); to renumber 101.14 (3), 101.575 (2) and 604.04 (3);
3to renumber and amend 15.157 (12) (d), 101.14 (1) (c), 101.14 (2) (f), 101.573
4(4), 101.575 (1) (a), 101.575 (1) (am), 101.575 (1) (b), 101.575 (3) (a) 1. to 4.,
5101.575 (3) (b) and 101.575 (5); to amend 20.143 (3) (L), 20.145 (3) (v), 101.14
6(1) (b) and (bm), 101.14 (2) (a), 101.14 (2) (e), 101.141, 101.573 (3), 101.575
7(title), 101.575 (4) (a), 101.575 (6) (a) (intro.), 101.575 (6) (b), 101.645 (2),
8101.645 (3), 101.745 (2), 101.925 (2), 101.972, 101.973 (1), 601.93 (2) and 607.21
9(intro.); to repeal and recreate 101.573 (title), 101.645 (1), 101.745 (1) and
10101.925 (1); and to create 15.157 (12) (d) 2. and 3, 101.01 (5m), 101.02 (15) (am),
11101.139, 101.14 (1) (title), 101.14 (2) (title), 101.14 (3) (title), 101.14 (4) (title),
12101.14 (5) (title), 101.573 (4) (title), 101.575 (4) (title), 101.575 (4) (am), 101.575
13(6) (title), 101.577 (title) and 604.04 (3) (b) of the statutes; relating to: the
14collection and distribution of fire department dues; creating a fire safety and

1injury prevention education program; repealing provisions requiring smoke
2detectors, automatic fire sprinklers and fire-resistant construction in certain
3buildings; uniform standards under the multifamily dwelling code; multifamily
4dwelling code council duties and manner of operation; and granting
5rule-making authority.
Analysis by the Legislative Reference Bureau
Fire dues program and fire safety laws
Under current law, an eligible city, village or town (municipality) may receive
a grant from the department of commerce (department) that may be used to purchase
fire protection equipment, to provide fire inspection services and public education,
to train fire fighters and fire inspectors and to fund certain accounts established for
the benefit of fire fighters (fire dues program). Under current law, the fire dues
program is funded annually with an amount approximately equal to 2% of the
premiums assessed during the previous year for private fire insurance and 2% of the
premiums paid to the local government property insurance fund for the insurance
of certain property owned by local governments. The department determines the
amount of each grant based upon the equalized valuation of real property
improvements within each eligible municipality, except that an eligible municipality
may not receive an amount that is less than the municipality received in 1979.
Under current law, with certain limited exceptions, the chief of the fire
department in every municipality is a deputy of the department and is required to
comply with certain fire safety laws. These fire safety laws generally require the fire
department, the fire chief or other designated individuals to keep certain records,
perform fire inspections and provide public fire education. This bill makes numerous
changes and clarifications to the fire dues program and the fire safety laws, including
the following:
Eligibility for a grant from the fire dues program
With certain exceptions, in order for a municipality to be eligible to receive a
grant from the fire dues program, the chief of the municipal fire department
currently must provide a fire inspection for every public building and place of
employment in the fire department's territory. Generally, in every municipality
other than the city of Milwaukee, these inspections must be performed at least once
every six months. A municipality must certify to the department that all required
inspections were provided. Furthermore, in order to be eligible to receive a grant,
a municipality must receive services from a fire department that provides a training
program prescribed by rule of the department.
The bill changes these eligibility requirements. Under the bill, a municipality
may be eligible to receive a grant if the municipality ensures that at least 95% of the
required fire inspections are provided for in the municipality and if the municipality

certifies to the department that these inspections were provided. In addition, the bill
specifies that the training program that is required for eligibility must train fire
fighters and inspectors who provide fire suppression services, fire prevention
inspections or public education with regard to fire safety.
Current law also permits a municipality to maintain eligibility for a grant if the
municipality receives fire protection services under a contract. Under current law,
if a municipality contracts with another city, village or town for fire protection
services, the municipality is eligible for a grant if the contract is sufficient to provide
fire protection to the entire municipality. In addition, under the contract, the fire
department providing services must do so without endangering property within the
fire department's own territory.
The bill specifically excludes a mutual aid agreement relating to fire protection
from the type of contracts that a municipality may use to satisfy these eligibility
requirements. Although the term is undefined, generally a mutual aid agreement
relating to fire protection is a backup, rather than a primary plan, for the provision
of fire protection services. Under the bill, if a municipality enters into a mutual aid
agreement, the municipality may still be eligible to receive a grant if the
municipality satisfies all applicable eligibility requirements.
Municipal and fire department duties
It is unclear under current law whether certain fire dues program eligibility
requirements and fire safety laws apply to a municipality or to a fire department that
provides services to a municipality. Furthermore, it is unclear whether the term "fire
department," as it currently is used in the fire dues program and fire safety laws,
includes other organizations that may provide fire protection services to a
municipality, such as a fire company or combined protective services department.
In general, the bill specifies that the fire dues program eligibility requirements
apply to a municipality rather than to a fire department. In addition, the bill
requires a municipality to ensure that certain fire safety laws, such as those
requiring fire inspections, that apply to a fire department, a fire chief or other
designated individuals are followed in the municipality. The bill also clarifies that
the term "fire department," as the term is used in the fire dues program and fire
safety laws, includes any organization that is permitted under current law to provide
fire protection services to a municipality.
Current law requires the department of commerce to maintain a record of all
fires occurring in this state and requires the records to be open to public inspection.
The bill requires each fire department, rather than the department of commerce, to
maintain a record of all fires occurring within the fire department's territory. In
addition, the bill permits the department of commerce, by rule, to require a fire
department to provide the department of commerce with a copy of a fire record. The
bill clarifies that a fire record is open to public inspection under the open records law.
Jurisdiction and authority of the department under the fire safety laws
Under current law, the department generally has jurisdiction over places of
employment and public buildings, as well as certain residential buildings. In
addition, the department may perform a fire inspection in any building, premises or
public thoroughfare. In certain circumstances, the department may also enter a

private dwelling to determine whether the dwelling contains all required smoke
detectors. Current law is ambiguous regarding whether the department must obtain
the consent of an owner or renter to enter a private dwelling.
The bill expands the department's jurisdiction and authority with regard to fire
safety. Under the bill, the department has jurisdiction over and supervision of all
buildings, structures and premises in this state for the purpose of administering all
laws relating to fire inspections, fire prevention, fire detection and fire suppression.
In addition, the bill authorizes the department to enter a private dwelling in order
to verify the proper installation of smoke detectors and fire suppression devices, such
as fire sprinklers. The bill clarifies that the department may enter a private dwelling
only with the consent of the owner or renter.
Fire safety and injury prevention program
Under current law, the department of commerce is required to provide to the
department of public instruction an outline of a course of study in fire prevention, for
use in the public schools. However, the department of commerce does not have the
authority under current law to directly provide public education regarding fire
safety.
The bill authorizes the department to create a fire safety and injury prevention
education program. The department must design the program to educate the public
regarding fire prevention, fire detection, fire suppression, injury prevention and any
other related subject matter. The bill permits the department to make grants to
support the purposes of the program.
Smoke detectors, automatic fire sprinklers and fire-resistant construction
Under current law, certain residential buildings, including hotels and
apartment houses; certain buildings that contain one or two dwelling units; certain
manufactured buildings intended for use as a dwelling and certain manufactured
homes must contain one or more smoke detectors. These smoke detectors must be
approved for use by Underwriter's Laboratories, Inc. In addition, certain
multifamily dwellings and manufactured buildings, such as apartment houses and
condominiums, must contain an automatic fire sprinkler system or be constructed
to meet specified fire-resistance standards. Current law specifically authorizes a
municipality or county to enact similar automatic fire sprinkler system and
fire-resistant construction ordinances.
The bill repeals the requirement that certain residential buildings, including
hotels and apartment houses, contain smoke detectors. In addition, under the bill,
a smoke detector approved by Underwriter's Laboratory, Inc., or by any other
independent testing agency, may be used to satisfy the remaining smoke detector
requirements. The bill also repeals the requirements regarding automatic fire
sprinkler systems and fire-resistant construction, as well as the specific
authorization regarding municipal and county ordinances. However, the
department retains the authority to impose smoke detector, automatic fire sprinkler
system and fire-resistant construction requirements by rule. In addition, if the
department promulgates a rule relating to automatic fire sprinkler systems and
fire-resistant construction in manufactured buildings, a municipality or county,

with the approval of the department, may enact an ordinance that is in strict
conformance to the rule.
Multifamily dwelling code
Under current law, the multifamily dwelling code council (council) reviews
rules relating to the construction of multifamily dwellings and recommends rules
that the department may promulgate to create a uniform multifamily dwelling code.
Under current law, the council has 14 members, 9 of which constitute a quorum for
the purpose of conducting business. Currently, at least ten members of the council
must vote affirmatively in order to recommend a change in a statute or rule.
The bill specifies that, to the extent feasible, the council must recommend a
uniform multifamily dwelling code that is consistent with nationally recognized
standards for building heights and areas, means of egress, fire protection and the use
of fire-resistant materials and construction methods (national standards). In
addition, under the bill, if the council considers recommending a change in a statute
or rule that would make the statute or rule inconsistent with national standards, the
council may not recommend the change if more than one member votes against the
recommendation. Furthermore, if the council considers recommending a change in
any rule that is inconsistent with national standards and that the department
initially promulgated based upon a recommendation of the council, the council may
not recommend the change if more than one member votes against the
recommendation.
Current law requires the department to promulgate rules that establish
standards for the construction of multifamily dwellings. The bill requires these
rules, to the extent feasible, to be consistent with national standards. In addition,
under the bill, the department must obtain the recommendation of the council before
promulgating a rule that is inconsistent with national standards.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB878, s. 1 1Section 1. 15.157 (12) (d) of the statutes is renumbered 15.157 (12) (d) (intro.)
2and amended to read:
AB878,5,53 15.157 (12) (d) (intro.) Nine members of the council shall constitute a quorum.
4For the purpose of conducting business a majority vote of the council is required,
5except that at as follows:
AB878,6,3
11. At least 10 members of the council are required to vote affirmatively to
2recommend changes a change in the statutes a statute or a change in an
3administrative rules rule.
AB878, s. 2 4Section 2. 15.157 (12) (d) 2. and 3 of the statutes are created to read:
AB878,6,105 15.157 (12) (d) 2. The council may not recommend a change in a statute or a
6change in an administrative rule if more than one member of the council votes
7against recommending the change and if the change, if enacted or promulgated,
8would make the statute or administrative rule inconsistent with nationally
9recognized standards for building heights and areas, means of egress, fire protection
10or the use of fire resistant materials and construction methods.
AB878,6,1611 3. If the department of commerce, based upon a recommendation of the council,
12promulgates an administrative rule that is inconsistent with nationally recognized
13standards for building heights and areas, means of egress, fire protection or the use
14of fire resistant materials and construction methods, the council may not recommend
15a change in the administrative rule if more than one member of the council votes
16against recommending the change.
AB878, s. 3 17Section 3. 20.143 (3) (L) of the statutes is amended to read:
AB878,6,2418 20.143 (3) (L) Fire dues distribution. All moneys received under ss. 101.573
19(1) and
601.93 and 604.04 (3) (b), less the amounts transferred to par. (La) and s.
2020.292 (1) (gm) and (gr), for distribution under s. 101.573. The amount transferred
21to par. (La) shall be the amount in the schedule under par. (La). The amount
22transferred to s. 20.292 (1) (gm) shall be the amount in the schedule under s. 20.292
23(1) (gm). The amount transferred to s. 20.292 (1) (gr) shall be the amount in the
24schedule under s. 20.292 (1) (gr).
AB878, s. 4 25Section 4. 20.145 (3) (v) of the statutes is amended to read:
AB878,7,6
120.145 (3) (v) Specified payments, fire dues and reinsurance. After deducting
2the amounts appropriated under par. (u), the balance of moneys in the local
3government property insurance fund, for the payment of insurance losses, payments
4to the investment board under s. 20.536, payments to the general fund under s.
5101.573 (1) 604.04 (3) (b), loss adjustment expenses, fire rating bureau dues and the
6cost to purchase reinsurance under s. 604.04 (6).
AB878, s. 5 7Section 5. 101.01 (5m) of the statutes is created to read:
AB878,7,88 101.01 (5m) "Fire department" means any of the following:
AB878,7,109 1. A fire company under ch. 213 that provides fire protection services to a city,
10village or town.
AB878,7,1211 2. A department established by a city, village or town that provides fire
12protection services to a city, village or town.
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