Register December 2013 No. 696
Chapter SPS 314
Subchapter I — Adoption and Application of NFPA® 1, Fire Code
Adoption and application.
Subchapter II — Modifications of NFPA 1, Fire Code
General fire safety.
Portable unvented heaters.
Fire protection systems.
Hose threads during construction.
Open flame devices and pyrotechnics.
Manufactured home and recreational vehicle sites.
Commercial cooking equipment for mobile kitchens.
Explosives, fireworks and model rocketry.
Ch. SPS 314 Note
Chapter Ind 65 as it existed on April 30, 1989 was repealed and a new chapter ILHR 14 was created effective May 1, 1989; Chapter ILHR 14 as it existed on March 31, 1992 was repealed and a new chapter ILHR 14 was created effective April 1, 1992. Chapter ILHR 14 was renumbered to chapter Comm 14 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, December, 1996, No. 492
. Chapter Comm 14 as it existed on June 30, 2002 was repealed and a new Chapter Comm 14 was created effective July 1, 2002. Chapter Comm 14 as it existed on February 29, 2008 was repealed and a new chapter Comm 14 was created effective March 1, 2008. Chapter Comm 14 was renumbered chapter SPS 314 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
Adoption of model fire code.
NFPA 1, Fire Code™
— 2009, subject to the modifications specified in this chapter, is hereby incorporated by reference into this chapter.
SPS 314.001 Note
A copy of NFPA 1, Fire Code
, is on file in the offices of the Department and the Legislative Reference Bureau. Copies of NFPA 1, Fire Code
, may be purchased from the National Fire Protection Association at 1 Batterymarch Park, Box 9101, Quincy, MA, 02269-9101; and may be purchased or accessed free of charge at www.nfpa.org
Application of model fire code.
The use, operation and maintenance of public buildings and places of employment shall comply with NFPA 1 as referenced in par. (a)
, except as otherwise provided in this chapter.
(2) Alternate model fire code.
Where a municipality has by ordinance adopted requirements of the International Fire Code®
— 2009 and any additional requirements, that, in total, are equivalent to NFPA 1 as referenced in sub. (1)
, the department will not consider that ordinance to be in conflict with sub. (1)
; and property owners or managers, or employers, need only comply with that ordinance.
SPS 314.001 History
History: CR 06-120
: cr. Register February 2008 No. 626
, eff. 3-1-08; CR 09-104
: am. (1) (a), (b), renum. (2) (a) to be (2) and am., r. (2) (b) Register December 2010 No. 660
, eff. 1-1-11; correction in (1) (title) made under s. 13.92 (4) (b) 2.
, Stats., Register December 2010 No. 660
Subch. II of ch. SPS 314 Note
The sections in this subchapter are generally numbered to correspond to the chapter and section numbering of NFPA 1, Fire Code
; for example, section SPS 314.01
contains modifications of NFPA 1, chapter 1.
These are department rules in addition to the requirements in NFPA 1 section 1.1:
This chapter applies to all public buildings and places of employment that exist on or after January 1, 2011, except as provided in pars. (b)
This chapter applies to the inspection, testing, and maintenance of all fire safety features as specified in this chapter, for all public buildings and places of employment that exist on or after January 1, 2011, except as provided in pars. (b)
SPS 314.01 Note
As established in section SPS 314.01 (2) (a) 1.
, this chapter does not prescribe how to design public buildings. However, this chapter includes requirements that may apply during the construction of a public building, such as the safeguards in NFPA 1 chapter 16 for fire safety during construction. See chapters SPS 361 to 366 for design requirements for public buildings and places of employment.
SPS 314.01 Note
Note: See Appendix for a reprint of the above-referenced sections of the Statutes.
This chapter does not apply to any of the buildings, structures, or situations specified in subds. 3.
All of the buildings, structures, or situations in subds. 3.
are neither public buildings nor places of employment under this chapter.
Buildings or structures located on Indian reservation land that are held either in trust by the United States, or in fee by the tribe or a tribal member.
Buildings or structures which are located on off-reservation Indian land that is held in trust by the United States – and which are held either in trust by the United States, or in fee by the tribe or a tribal member.
Buildings and portions of buildings that are exempted by federal statutes or treaties.
Portions of buildings leased to the federal government provided all of the following conditions are met:
A statement is recorded with the register of deeds that describes the steps necessary for compliance to this chapter if the space is converted to a nonexempt use.
The statement recorded with the register of deeds is recorded in a manner that will permit the existence of the statement to be determined by reference to the property where the building is located.
The owner of the building submits a copy of the recorded document to the department or its authorized representative.
Buildings and structures that are on a farm premises and used exclusively for farming purposes, provided any use of the building or structure by the public consists only of consumers directly receiving farm commodities, substantially all of which have been planted or produced on the farm premises. In this application, "substantially all" means at least 90 percent of the commodities were planted or produced on the farm premises.
SPS 314.01 Note
As referenced in par. (b) and Note, see Appendix for a reprint of the exclusions referenced in section 101.01 (11)
of the Statutes, which includes definitions of "farming" and "farm premises."
A one- or 2-family dwelling used as a foster home, treatment foster home, or group home, or as a residential care center for children and youth that has a capacity for 8 or fewer children, all as defined in s. 48.02
SPS 314.01 Note
The definitions in section 48.02
of the Statutes limit foster homes to no more than 4 children unless the children are siblings, limit treatment foster homes to no more than 4 children, and limit group homes to no more than 8 children. Where permitted by the Department of Children and Families, a group home or a residential care center for children and youth that has a capacity for 8 or fewer children may be located in a one- or 2-family dwelling as a community living arrangement, as defined in section 46.03 (22)
of the Statutes.
A one- or 2-family dwelling in which a public or private day care center for 8 or fewer children is located.
SPS 314.01 Note
Chapter DCF 250
, as administered by the Department of Children and Families, defines a "family child care center" as a being "a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 8 children who are not related to the provider." Chapter DCF 250
applies various licensing and other requirements to these centers, including for fire protection and other aspects of the physical plant.
That portion of or space within a one- or 2-family dwelling in which a home occupation is located.
In this section, "home occupation" means any business, profession, trade or employment conducted in a person's dwelling unit, that may involve the person's immediate family or household and a maximum of one other unrelated person, but does not involve any of the following: