AB878: Bill Text

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 Section 1. 15.157 (12) (d) of the statutes is renumbered 15.157 (12) (d) (intro.) and amended to read:

AB878,5,5 15.157 (12) (d) (intro.) Nine members of the council shall constitute a quorum. For the purpose of conducting business a majority vote of the council is required, except that at as follows:

AB878,6,3 1. At least 10 members of the council are required to vote affirmatively to recommend changes a change in the statutes a statute or a change in an administrative rules rule.

AB878, s. 2 Section 2. 15.157 (12) (d) 2. and 3 of the statutes are created to read:

AB878,6,10 15.157 (12) (d) 2. The council may not recommend a change in a statute or a change in an administrative rule if more than one member of the council votes against recommending the change and if the change, if enacted or promulgated, would make the statute or administrative rule inconsistent with nationally recognized standards for building heights and areas, means of egress, fire protection or the use of fire resistant materials and construction methods.

AB878,6,16 3. If the department of commerce, based upon a recommendation of the council, promulgates an administrative rule that is inconsistent with nationally recognized standards for building heights and areas, means of egress, fire protection or the use of fire resistant materials and construction methods, the council may not recommend a change in the administrative rule if more than one member of the council votes against recommending the change.

AB878, s. 3 Section 3. 20.143 (3) (L) of the statutes is amended to read:

AB878,6,24 20.143 (3) (L) Fire dues distribution. All moneys received under ss. 101.573 (1) and 601.93 and 604.04 (3) (b), less the amounts transferred to par. (La) and s. 20.292 (1) (gm) and (gr), for distribution under s. 101.573. The amount transferred to par. (La) shall be the amount in the schedule under par. (La). The amount transferred to s. 20.292 (1) (gm) shall be the amount in the schedule under s. 20.292 (1) (gm). The amount transferred to s. 20.292 (1) (gr) shall be the amount in the schedule under s. 20.292 (1) (gr).

AB878, s. 4 Section 4. 20.145 (3) (v) of the statutes is amended to read:

AB878,7,6 20.145 (3) (v) Specified payments, fire dues and reinsurance. After deducting the amounts appropriated under par. (u), the balance of moneys in the local government property insurance fund, for the payment of insurance losses, payments to the investment board under s. 20.536, payments to the general fund under s. 101.573 (1) 604.04 (3) (b), loss adjustment expenses, fire rating bureau dues and the cost to purchase reinsurance under s. 604.04 (6).

AB878, s. 5 Section 5. 101.01 (5m) of the statutes is created to read:

AB878,7,8 101.01 (5m) "Fire department" means any of the following:

AB878,7,10 1. A fire company under ch. 213 that provides fire protection services to a city, village or town.

AB878,7,12 2. A department established by a city, village or town that provides fire protection services to a city, village or town.

AB878,7,14 3. A joint fire department that provides fire protection services to a city, village or town.

AB878,7,16 4. A person that contracts to provide fire protection services to a town under s. 60.55 (1) (a) 3.

AB878, s. 6 Section 6. 101.02 (15) (am) of the statutes is created to read:

AB878,7,21 101.02 (15) (am) The department has jurisdiction over and supervision of all buildings, structures and premises in this state for the purpose of administering all laws of this state relating to fire inspections, fire prevention, fire detection and fire suppression.

AB878, s. 7 Section 7. 101.139 of the statutes is created to read:

AB878,8,2 101.139 Fire safety and injury prevention education program. The department may develop and administer a fire safety and injury prevention education program, designed to educate the public regarding fire prevention, fire detection, fire suppression, injury prevention and any other related subject matter. The department may make grants to support the purposes of the program.

AB878, s. 8 Section 8. 101.14 (1) (title) of the statutes is created to read:

AB878,8,4 101.14 (1) (title) Authority and duties of department; generally.

AB878, s. 9 Section 9. 101.14 (1) (b) and (bm) of the statutes are amended to read:

AB878,8,13 101.14 (1) (b) The Except as otherwise provided in this paragraph, the secretary and or any deputy may, at all any reasonable hours time, enter into and upon all buildings, premises and public thoroughfares excepting only the interior of private dwellings, any building, premises or public thoroughfare 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 the a fire hazard or relating to the prevention of fire. This paragraph does not provide the secretary or any deputy with authority to enter the interior of a private dwelling.

AB878,8,17 (bm) The secretary and or any deputy may, at all any reasonable hours time, enter the interior of a private dwellings dwelling at the request of the owner or renter for the purpose of s. 101.145 (6) or 101.645 (4) verifying the proper installation of fire suppression devices and fire detection devices.

AB878, s. 10 Section 10. 101.14 (1) (c) of the statutes is renumbered 101.14 (3) (b) and amended to read:

AB878,9,2 101.14 (3) (b) The department is hereby empowered and directed to shall provide the form of a course of study in fire prevention for use in the public schools, dealing. The course of study shall deal with the protection of lives and property against loss or damage as a result of preventable fires, and. The department shall transmit the same by the first day of August in each year form of the course of study to the state superintendent of public instruction no later than the first day of August of each year.

AB878, s. 11 Section 11. 101.14 (2) (title) of the statutes is created to read:

AB878,9,5 101.14 (2) (title) Authority and duties of local governments and their agents and contractors.

AB878, s. 12 Section 12. 101.14 (2) (a) of the statutes is amended to read:

AB878,9,15 101.14 (2) (a) Each city, village and town shall ensure that all duties established under this subsection are carried out in the city, village or town. The chief of the fire department in every each city, village or town, except cities of the 1st class, other than a 1st class city is constituted a deputy of the department, subject to the right of the department to relieve any such the chief from his or her duties as such a deputy for cause, and upon such the suspension to appoint some other person to perform the duty imposed upon such the deputy. The In a 1st class city, the department may appoint either the chief of the fire department or the building inspector as its the department's deputy in cities of the 1st class.

AB878, s. 13 Section 13. 101.14 (2) (e) of the statutes is amended to read:

AB878,9,19 101.14 (2) (e) Written reports of inspection shall be made and kept on file by the local authority having with jurisdiction to conduct inspections, or its designee, in the manner and form required by the department.

AB878, s. 14 Section 14. 101.14 (2) (f) of the statutes is renumbered 101.14 (1) (cm) and amended to read:

AB878,9,24 101.14 (1) (cm) Every inspection required under pars. sub. (2) (b) and (c) is subject to the supervision and direction of the department, which shall, after audit, certify to the commissioner of insurance after the expiration of each calendar year each city, village or town where the inspections for the year have been made, and where records have been made and kept on file as required under par. (e).

AB878, s. 15 Section 15. 101.14 (3) (title) of the statutes is created to read:

AB878,10,4 101.14 (3) (title) Education and training.

AB878, s. 16 Section 16. 101.14 (3) of the statutes is renumbered 101.14 (3) (a).

AB878, s. 17 Section 17. 101.14 (4) (title) of the statutes is created to read:

AB878,10,8 101.14 (4) (title) Fire detection, prevention and suppression devices in places of employment and public buildings.

AB878, s. 18 Section 18. 101.14 (4m) of the statutes is repealed.

AB878, s. 19 Section 19. 101.14 (5) (title) of the statutes is created to read:

AB878,10,12 101.14 (5) (title) Plan review fees; flammable, combustible or hazardous materials.

AB878, s. 20 Section 20. 101.141 of the statutes is amended to read:

AB878,10,22 101.141 Record keeping and reporting of fires. The department Each fire department shall maintain records a record of all fires occurring in this state. Such records shall be within the territory served by the fire department. The record shall be open to public inspection during normal business hours under s. 19.35 and, for the purposes of a record maintained under this section, the fire department maintaining the record shall be considered an authority under s. 19.32 (1). This section does not limit the number of persons that qualify as an authority under s. 19.32 (1). The department of commerce, by rule, may require a fire department to provide the department of commerce with any information maintained under this section.

AB878, s. 21 Section 21. 101.145 of the statutes is repealed.

AB878, s. 22 Section 22. 101.573 (title) of the statutes is repealed and recreated to read:

AB878,10,25 101.573 (title) Distribution of fire department dues.

AB878, s. 23 Section 23. 101.573 (1) of the statutes is repealed.

AB878, s. 24 Section 24. 101.573 (3) of the statutes is amended to read:

AB878,11,15 101.573 (3) Determination and distribution of fire department dues. (a) On or before No later than May 1 in 15 of each year, the department shall compile the total of all fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds together with any balance remaining under par. (b), and the amount charged to the property insurance fund under s. 604.04 (3) (b). The department shall withhold .5% and certify to the state treasurer the proper from this total for use under par. (b) and shall determine the amount to be paid from the appropriation under s. 20.143 (3) (L) from the balance to each city, village or town entitled to fire department dues under s. 101.575. Annually, on or before No later than August 1 of each year, the state treasurer department shall pay the amounts certified by the department proper amount under s. 101.575 to the cities, villages and towns eligible under s. 101.575 each city, village and town that is entitled to fire department dues.

AB878,12,10 (b) The amount withheld under par. (a) shall be disbursed to correct errors any error of the department or of the commissioner of insurance or for payments to cities, villages or towns which are to make a payment to any city, village or town that is first determined to be eligible for payments under par. (a) entitled to fire department dues under s. 101.575 after May 1 15. The department shall certify to the state treasurer pay to each applicable city, village or town, as near as is practical, the amount which that would have been payable to the municipality city, village or town if payment had been properly disbursed under par. (a) on or prior to before May 1 15, except that the amount payable to any municipality city, village or town that is first eligible determined to be entitled to fire department dues after May 1 15 shall be reduced by 1.5% for each month or portion of a month which that expires after May 1 15 and prior to before the eligibility determination. The state treasurer shall pay the amount certified to the city, village or town. The department shall include any remaining balance of the amount withheld in a calendar year under par. (a) which that is not disbursed under this paragraph shall be included in the total compiled by the department under par. (a) for the next calendar year. If errors in payments exceed the amount of disbursements under this paragraph exceeds the available balance of the amount set aside for error payments withheld , under par. (a), the department shall make reasonable adjustments shall be made in the distribution applicable distributions for the next year.

AB878, s. 25 Section 25. 101.573 (4) (title) of the statutes is created to read:

AB878,12,13 101.573 (4) (title) Reporting requirements; department and commissioner of insurance.

AB878, s. 26 Section 26. 101.573 (4) of the statutes is renumbered 101.573 (4) (a) and amended to read:

AB878,12,19 101.573 (4) (a) The department shall transmit to the treasurer clerk of each city, village and town that is entitled to fire department dues under s. 101.575, a statement of the amount of dues payable to it the city, village or town under this section and the.

AB878,12,23 (b) The commissioner of insurance shall furnish to the state treasurer transmit to the department, upon request, a list of the containing the names of all insurers paying fire department dues under s. 601.93 and the amount paid by each listed insurer.

AB878, s. 27 Section 27. 101.575 (title) of the statutes is amended to read:

AB878,12,25 101.575 (title) Entitlement to and use of fire department dues.

AB878, s. 28 Section 28. 101.575 (1) (a) of the statutes is renumbered 101.575 (1) and amended to read:

AB878,13,11 101.575 (1) Entitlement generally. Except as provided in par. (am), every Every city, village or town maintaining a fire department that complies with this subsection and the requirements of subs. (3) to (6) that is eligible to receive fire department dues under sub. (4) is entitled to a proportionate share of all fire department dues collected under ss. 101.573 and 601.93 and 604.04 (3) (b), after deducting the administrative expenses of the department under s. 101.573, based on the equalized valuation of real property improvements upon land within the city, village or town, but not less than the amount the municipality received under s. 601.93 (3), 1977 stats., and chapter 26, laws of 1979, in calendar year 1979.

AB878, s. 29 Section 29. 101.575 (1) (am) of the statutes is renumbered 101.575 (7) and amended to read:

AB878,14,6 101.575 (7) Noncompliance procedure. If Except as otherwise provided in this subsection, if the department determines that a city, village or town fire department has failed to satisfy the requirements of this subsection or subs. (3) to (6) is not eligible to receive fire department dues under sub. (4), the department shall nonetheless pay fire department dues for that calendar year to that the city, village or town. The department and shall issue a notice of noncompliance to the chief of the fire department, and the applicable governing body, to the highest elected official of the city, village or town. If mayor, village president or town chairperson, as applicable, and to each fire department providing fire protection or fire prevention services to the city, village or town. After the department issues a notice of noncompliance to a city, village or town, the city, village or town is not entitled to fire department dues until the fire department cannot demonstrate city, village or town demonstrates to the department that the fire department has met all requirements within one year after receipt of the notice or prior to the next audit by the department, whichever is later, the city, village or town shall not be entitled to dues under par. (a) for that year in which the city, village or town becomes not entitled to dues and for all subsequent calendar years until the requirements are met city, village or town is eligible to receive fire department dues under sub. (4).

AB878, s. 30 Section 30. 101.575 (1) (b) of the statutes is renumbered 101.575 (4) (a) 3. and amended to read:

AB878,14,16 101.575 (4) (a) 3. Every The department determines that, if the city, village or town that contracts for to receive fire protection and fire prevention services that comply with s. 101.14 (2) from another city, village or town is entitled to the dues specified in par. (a) if the department determines that the, each contract other than a mutual aid agreement is sufficient to allow each fire department furnishing the protection can provide the agreed that provides fire protection and fire prevention services to do so without endangering property within its own limits and the fire prevention services comply with s. 101.14 (2) the fire department's own territory.

AB878, s. 31 Section 31. 101.575 (1) (c) of the statutes is repealed.

AB878, s. 32 Section 32. 101.575 (2) of the statutes is renumbered 101.577.

AB878, s. 33 Section 33. 101.575 (3) (intro.) and (a) (intro.) of the statutes are repealed.

AB878, s. 34 Section 34. 101.575 (3) (a) 1. to 4. of the statutes are renumbered 101.575 (4) (a) 5. to 8. and amended to read:

AB878,14,24 101.575 (4) (a) 5. Is The city, village or town receives services from a fire department that is organized to provide continuous fire protection in that city, village or town and has a designated chief.

AB878,15,4 6. Singly The city, village or town receives services from a fire department that singly, or in combination with another fire department under a contract or mutual aid agreement, can ensure the response of at least 4 fire fighters, none of whom is the chief, to a first alarm for a building.

AB878,15,8 7. Provides The city, village or town receives services from a fire department that provides a training program, as prescribed by rule of the department by rule, to fire fighters and inspectors who provide fire suppression services, fire prevention inspections or public education with regard to fire safety.

AB878,15,11 8. Provides The city, village or town receives services from a fire department that provides facilities capable, without delay, of receiving an alarm and dispatching fire fighters and apparatus.