SPS 314.01(14)(e)10.10. ‘Decision by the secretary.’ No later than 30 days after receipt of the findings of the appeals board, the secretary of the department shall consider the findings and, in writing, either uphold or overturn the department’s initial determination of failure.
SPS 314.01(14)(e)11.11. ‘Completion of the appeal process.’ Any appeal filed under this paragraph shall progress through subd. 10. no later than August 1 in the year the appeal is filed, unless withdrawn by the appellant.
SPS 314.01(14)(e)12.12. ‘Appeal of the secretary’s decision.’ A secretary decision under this paragraph may be appealed only through the contested-case provisions in ch. 227, Stats.
SPS 314.01(14)(f)(f) Fire department registration.
SPS 314.01(14)(f)1.1. A fire department that provides fire prevention and fire protection services to a municipality shall register with the department on the form provided by the department.
SPS 314.01 NoteNote: The Department sends form SBD-10638 upon request to the fire department. This form is also available from the Division of Industry Services through one or more of the following means: in the Appendix; at P.O. Box 2658, Madison, WI 53701–2658; or at the Department’s Web site at http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 314.01(14)(f)2.2. The fire chief of a registered fire department shall annually review the information submitted under subd. 1. and then report any corrections to the department by February 1, through the department’s online registration system for fire departments.
SPS 314.01 NoteNote: The Department’s online registration system for fire departments is available at the Department’s Web site at http://dsps.wi.gov, through links to the Industry Services Division’s Fire Prevention program and then Wisconsin’s fire program online system.
SPS 314.01 HistoryHistory: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 09-104: renum. (1) (a), (1) (c) (intro.) to 7., (2) (intro.), (a) 1. b., 2. to 4., (2) (c) to (f), (3), (4), (6) to (10), (11) (title), (intro.), (a), (b) (title), 1. to 5., 6. to 10., (c) to (e), (12) to be (1) (a) 1., (c) 1. and 3. to 9., (2) (a) (intro.), (1) (a) 2., (2) (a) 1. to 3., (6) (a), (b), (3), (5) (intro.) to (d), (4), (7) to (12), (13) (title), (intro.), (a), (b) (title), 1. to 5., 7. to 11., (c) to (e), (14), and am., cr. (1) (c) 2., (g), (2) (a) 4., (b) (intro.), (6) (title), (intro.), (11) (a), (b), (13) (b) 6., am. (1) (e), (f), r. (2) (a) 1. (intro.), a., (5), (9), (a), (b) Register December 2010 No. 660, eff. 1-1-11; correction in (13) (b) 7. c. made under s. 13.92 (4) (b) 14., Stats., Register January 2011 No. 661; correction in (2) (b) 4., (4), (14) (a) 1. b. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (2) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register December 2013 No. 696; CR 13-105: am. (1) (a), (c) 1., 2., 4., r. (1) (c) 5., renum. (1) (c) 6. to 9. to 5. to 8., am. (1) (f), (g) 1. (intro.), (2) (a) 1., renum. (2) (a) 3. a., b. to 3. c., d. and am. 3. d., cr. (2) (a) 3. a., b., am. (2) (b) 2., r. (2) (b) 4., cr. (7m), am. (9) (a), cr. (11m), r. (13) (b) 7. c., am. (14) (a) 1. a., (b) 1., 3. a., b., (c) 1. to 3., am. (14) (f) 2. Register August 2014 No. 704, eff. 9-1-14; correction in (2) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register August 2014 No. 704; CR 16-094: r. (2) (a) 3. a., b., renum. (2) (a) 3. c. and d. to (2) (a) 3. a. and b., am. (6) (b) 1. Register April 2018 No. 748 eff. 5-1-18; correction in (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register April 2018 No. 748.
SPS 314.03SPS 314.03Definitions.
SPS 314.03(1)(1)These are department definitions for this chapter in addition to the definitions in NFPA 1 chapter 3:
SPS 314.03(1)(a)1.1. “Administrative expenses,” for the appropriation under s. 20.165 (2) (La), Stats., means expenditures for the direct costs and indirect costs of administering ss. 101.14, 101.141 and 101.573, Stats.
SPS 314.03(1)(a)2.2. In this paragraph:
SPS 314.03(1)(a)2.a.a. “Direct costs” means the cost of salaries, limited term employees, fringe benefits and supplies to administer ss. 101.14, 101.141 and 101.573, Stats.
SPS 314.03(1)(a)2.b.b. “Indirect costs” means the cost, determined on a pro rata basis, of management and administrative services provided to administer ss. 101.14, 101.141 and 101.573, Stats.
SPS 314.03(1)(a)2.c.c. “Supplies” means equipment, memberships, postage, printing, rent, subscriptions, telecommunications, travel, utilities and similar outfitting and services, directly related to administering ss. 101.14, 101.141 and 101.573, Stats.
SPS 314.03(1)(b)(b) “Department” means the department of safety and professional services.
SPS 314.03(1)(bm)(bm) “Design requirements” means any requirements that a designer would otherwise need to follow when specifying the permanent physical characteristics of a building. These include the materials of construction, structural members, fire-resistance and fire protection systems, means of egress and accessibility, energy efficiency, electrical systems, plumbing and other mechanical systems.
SPS 314.03(1)(c)(c) “Fire chief” means the chief or authorized representative of the fire department serving the unit of government having authority over the public building or place of employment. Fire chief also means the representative designated by the local unit of government to carry out the duties of this chapter.
SPS 314.03(1)(d)(d) “Fire department” means a municipal fire department, public safety department, or public or private organization, such as a fire association, fire district, fire company or fire corporation, organized or created for the purpose of extinguishing fires and preventing fire hazards.
SPS 314.03(1)(dm)(dm) “Governing authority” means the department of safety and professional services.
SPS 314.03 NoteNote: Under NFPA 1 section 1.6, any local unit of government adopting local fire prevention requirements that apply in addition to this chapter is the “governing authority” for those requirements.
SPS 314.03(1)(e)(e) “Municipality” means a city, village or town.
SPS 314.03(1)(f)(f) “NFPA 1” means the 2012 edition of NFPA 1, Fire Code, as adopted and modified in this chapter.
SPS 314.03(1)(g)(g) “Place of employment” has the meaning as defined in s. 101.01 (11), Stats.
SPS 314.03 NoteNote: See Appendix for a reprint of s. 101.01 (11) of the Statutes.
SPS 314.03(1)(h)(h) “Public building” has the meaning as defined in s. 101.01 (12), Stats.
SPS 314.03 NoteNote: See Appendix for a reprint of s. 101.01 (12) of the Statutes.
SPS 314.03(1)(i)(i) “Substantial compliance,” for the purposes of s. 101.575 (4) (a) 1. and 2., Stats., means an ample amount of the required activity was performed through a concerted effort aimed at total compliance. A determination of substantial compliance is obtained through a common-sense approach to evaluating whether enough effort was made to comply with the applicable statute or code requirements. Substantial compliance is not a specific number or percent of compliance. A determination of substantial compliance in any one year or regulatory standard does not mean that the same amount of compliance or effort in the following year or in another area of the code automatically equals substantial compliance.
SPS 314.03 NoteNote: Under s. 101.575 (4) (a) 1. of the Statutes, the Department may not pay fire department dues to a city, village, town or fire department, unless the Department determines that the city, village, town or fire department is in substantial compliance with ss. 101.575 (6), 101.14 (2), and 101.141 (1) and (2) of the Statutes.
SPS 314.03(2)(2)Substitute the following definition for the definition in NFPA 1 section 3.3.182.22: “One- and 2-family dwelling” has the meaning as defined for dwelling in s. 101.61 (1), Stats.
SPS 314.03 NoteNote: Section 101.61 (1) of the Statutes reads as follows: “‘Dwelling’ means any building that contains one or 2 dwelling units. ‘Dwelling unit’ means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.”
SPS 314.03 HistoryHistory: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 09-104: renum. (intro.), (1) to (6), (8) to (10), (7) to be (1) (intro.), (a) to (i), (2) and am. Register December 2010 No. 660, eff. 1-1-11; correction in (1) (a) 1., (b) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 13-105: am. (1) (a) 2., cr. (1) (bm), (dm), am. (1) (f), (2) Register August 2014 No. 704, eff. 9-1-14.
SPS 314.10SPS 314.10General fire safety.
SPS 314.10(1)(1)NFPA 101Ò, Life safety codeÒ. This is a department informational note to be used under NFPA 1 section 10.1.2:
Note: Under section SPS 314.01 (2) (a) 1., the design requirements that are included in NFPA 1, Fire Code, either directly, or indirectly through cross-references to other standards and codes such as NFPA 101, are not included as part of this chapter, except as provided in sections SPS 314.01 (2) (a) 3. a. and 4.
SPS 314.10(2)(2)Emergency plans. This is a department informational note to be used under NFPA 1 section 10.9.2.2:
Note: The Department of Health Services may have additional rules requiring nursing home operators to have emergency plans that are reviewed by fire departments or other fire and safety experts.
SPS 314.10(2m)(2m)Open flames. Substitute the following wording for the requirements in NFPA 1 section 10.11.2: The AHJ shall have the authority to prohibit any or all open flames, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous.
SPS 314.10(2r)(2r)Cooking equipment on balconies. Substitute the following wording for the requirements in NFPA 1 section 10.11.6.2: For other than one- and two-family dwellings, no fuel for a hibachi, grill, or other similar device used for cooking may be stored with that equipment on a balcony.
SPS 314.10(3)(3)Christmas trees.
SPS 314.10(3)(a)(a) Pursuant to s. 101.02 (7e), Stats., no city, village, or town may enact or enforce an ordinance related to fire safety that prohibits the seasonal placement of a Christmas tree in a church.
SPS 314.10(3)(b)(b) This is a department informational note to be used under NFPA 1 section 10.14:
SPS 314.10 NoteNote: Guidance on use of natural-cut Christmas trees is available at the Department’s Web site at http://dsps.wi.gov through links to the Fire Prevention program in the Division of Industry Services.
SPS 314.10(4)(4)Outside storage. This is a department informational note to be used under NFPA 1 section 10.16:
SPS 314.10 NoteNote: See Appendix for related explanatory material.
SPS 314.10 HistoryHistory: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 09-104: renum. (2) to be (4), cr. (2), (3) Register December 2010 No. 660, eff. 1-1-11; CR 13-105: am. (2), cr. (2m), (2r) Register August 2014 No. 704, eff. 9-1-14; correction in (2r) (title) made under s. 13.92 (4) (b) 2., Stats., Register August 2014 No. 704; CR 16-094: renum. (3) to (3) (b), cr. (3) (a), Register April 2018 No. 748 eff. 5-1-18.
SPS 314.11SPS 314.11Building services.
SPS 314.11(1)(1)Fire service elevator keys. Substitute the following informational note for the requirements in NFPA 1 sections 11.3.6.1 to 11.3.6.5.1.7:
Note: See chapter SPS 318 for requirements for fire service elevator keys.
SPS 314.11(2)(2)Portable unvented heaters. This is a department rule in addition to the requirements in NFPA 1 section 11.5: Portable, fuel-fired, unvented heating appliances are prohibited — except during construction or demolition of a building, provided adequate ventilation is supplied.
SPS 314.11(3)(3)Two-way radio communication enhancement systems. The requirements in NFPA 1 section 11.10 are not included as part of this chapter.
SPS 314.11 NoteNote: See chs. SPS 361 to 366 for requirements for other heating appliances.
SPS 314.11 HistoryHistory: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 13-105: renum. section 314.11 and (title) to 314.11 (2) and (title), cr. section 314.11 (title), (1), (3) Register August 2014 No. 704, eff. 9-1-14.
SPS 314.13SPS 314.13Fire protection systems.
SPS 314.13(1)(1)Inspection, testing and maintenance of cross connection control devices. This is a department rule in addition to the requirements in NFPA 1 sections 13.3 to 13.5: All cross connection control devices installed in water-based fire protection systems shall be inspected, tested and maintained in accordance with this chapter and ch. SPS 382.
SPS 314.13(2)(2)Credentials for testers of fire sprinkler systems. This is a department informational note to be used under NFPA 1 section 13.3.3:
Note: Chapter SPS 305 contains credential requirements for testers of fire sprinkler systems. That chapter and this chapter do not preclude non-credentialed individuals from conducting the daily, weekly, monthly, quarterly or semiannual inspection and testing activities for automatic fire sprinkler systems required under NFPA 25 and NFPA 72.
SPS 314.13(3)(3)This is a department informational note to be used under NFPA 1 section 13.6.9.1.2:
Note: The fire-extinguisher certification addressed in this section is not issued by the Department.
SPS 314.13(4)(4)Substitute the following informational note for the requirements in NFPA 1 sections 13.7.1.5 and 13.7.2.9.4 to 13.7.2.9.4.4:
Note: See chapters SPS 361 to 366 for requirements relating to installation and maintenance of carbon monoxide alarms.
SPS 314.13(5)(5)Maintenance of smoke detectors and alarms. These are department informational notes to be used under NFPA 1 section 13.7.4.6:
Note: [1] Section 101.145 (3) (b) and (c) of the Statutes address maintenance of smoke detectors in residential buildings and read as follows: Section 101.145 (3) (b) “The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building.”
(c) “The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.”
Note: [2] Under ch. SPS 366, all smoke alarms must be replaced by the end of the service period specified by their manufacturer, and a replacement alarm that uses a battery as the primary power source must have a non-replaceable, non-removable battery which is capable of powering the alarm for at least ten years.
SPS 314.13(6)(6)Manual wet sprinkler systems. This is a department rule in addition to the requirements in NFPA 1 section 13.8: Inspection, testing and maintenance of manual wet sprinkler systems shall comply with all of the requirements of NFPA 25, for an automatic fire sprinkler system, except that the main drain test specified in NFPA 25 is not required.
SPS 314.13 HistoryHistory: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 10-103: am. (3) (title), (intro.) and (4) Register August 2011 No. 668, eff. 9-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-105: renum. (3), (4) to (5), (6), cr. (3), (4) Register August 2014 No. 704, eff. 9-1-14.
SPS 314.15SPS 314.15Fire department service delivery concurrency evaluation. The requirements in NFPA 1 chapter 15 are not included as part of this chapter.
SPS 314.15 HistoryHistory: CR 13-105: cr. Register August 2014 N0. 704, eff. 9-1-14.
SPS 314.16SPS 314.16Hose threads during construction. These are department informational notes to be used under NFPA 1 section 16.4.3.3.2.6:
Note: Section 213.15 of the Statutes regulates fire hose threads and fittings and reads as follows: “All fire hose fittings, apparatus fittings, 1.5 and 2.5 inches in diameter purchased or procured by a fire department or fire company shall be of the national standard hose thread as adopted by the national fire protection association. No fire department shall utilize hose and equipment not in conformance with the requirement that all threads shall be national standard hose thread as adopted by the national fire protection association. Any person offering for sale nonstandard hose couplings, fittings or apparatus fittings may be fined not less than $100 nor more than $500.”
Note: NFPA 1963 contains the specifications for national standard hose thread.
SPS 314.16 HistoryHistory: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08.
SPS 314.20SPS 314.20Open flame devices and pyrotechnics. Substitute the following wording for the introductory paragraph in NFPA 1 section 20.1.5.3: No open flame devices or pyrotechnic devices may be used in any occupancy, unless otherwise permitted by the following:
SPS 314.20 HistoryHistory: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08; CR 09-104: am Register December 2010 No. 660, eff. 1-1-11.
SPS 314.27SPS 314.27Manufactured home and recreational vehicle sites. The requirements in NFPA 1 chapter 27 are not included as part of this chapter.
SPS 314.27 NoteNote: See subch. XI of ch. SPS 321 and ch. SPS 326 for requirements for manufactured home sites and communities.
SPS 314.27 HistoryHistory: CR 06-120: cr. Register February 2008 No. 626, eff. 3-1-08.
SPS 314.50SPS 314.50Commercial cooking equipment for mobile kitchens. This is a department exception to the requirements in NFPA 1 sections 50.2.1.1 and 50.4: Neither an exhaust hood nor an automatic fire suppression system is required for a mobile kitchen where all of the following conditions are met:
SPS 314.50(1)(1)The kitchen is less than 365 square feet in size.
SPS 314.50(2)(2)The kitchen is used on fewer than 12 days in a calendar year, for the purpose of cooking.
SPS 314.50(3)(3)The owner or operator of the kitchen maintains a record demonstrating compliance with sub. (2), retains the record with the kitchen, and makes the record available to an inspector upon request.
SPS 314.50 NoteNote: A Department form that can be used in complying with the recordkeeping requirements in this section is available at the Department’s Web site at http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 314.50 HistoryHistory: CR 09-104: cr. Register December 2010 No. 660, eff. 1-1-11.
SPS 314.53SPS 314.53Mechanical refrigeration. The requirements in NFPA 1 chapter 53 are not included as part of this chapter.
SPS 314.53 NoteNote: See ch. SPS 345 for requirements for mechanical refrigeration.
SPS 314.53 HistoryHistory: CR 09-104: cr. Register December 2010 No. 660, eff. 1-1-11.
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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.