4. NFPA 45 Fire Protection for Laboratories Using Chemicals.
(e) Dedicated breakout tanks that are located at pipeline facilities.
(f) Odorant or other additive injection tanks that are directly connected to a pipeline.
(g) Contractor tanks that are mounted on pickup trucks.
(h) Oil-filled electrical equipment and transformers.
(i) Accumulator tanks.
(j) Process tanks.
(k) Product recovery tanks.
(L) Service tanks.
(m) Marine fueling facilities where fuel is stored and dispensed into the fuel tanks of marine craft of 300 gross tons or more.
(n) Aboveground or underground tank systems that store nonflammable and noncombustible hazardous liquids in concentrations of less than 1 percent by volume.
Note: Material Safety Data Sheets (MSDS) should be consulted for flash point and concentration.
(o) Aboveground tank systems which have a capacity of less than 5,000 gallons and which store nonflammable and noncombustible hazardous liquids in concentrations of 1 percent or more by volume.
Note: Material Safety Data Sheets (MSDS) should be consulted for flash point and concentration.
(p) Tank systems that store a hazardous waste which is listed or identified under subtitle C of the federal Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances that is non
flammable and noncombustible.
(q) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 307 (b) or 402 of the federal Clean Water Act.
(r) Underground storage tank systems that contain radioactive material which is regulated under the federal Atomic Energy Act of 1954.
Note: The Atomic Energy Act of 1954 is contained in
42 USC 2011 et seq.
(s) Underground storage tank systems that are part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under
10 CFR 50 Appendix A.
(t) Asphalt-plant AC tanks which are used as burner or material-supply tanks in the process of making asphalt and which comply with all of the following:
1. Tank configurations are single-wall or double-wall, with or without heating coils.
2. The products stored in the tank are Class II or III liquids ranging from heating oil to used oil, to #4 or #5 heavy oils.
3. The asphalt process equipment and the tank are typically located at an isolated location, such as a quarry, and are generally relocated from year to year or every couple of years.
(u) 1. Facilities 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.
2. Facilities 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.
A-314.01 (8) Interfering with fire fighting, and false alarms. Section
941.12, Stats., reads:
941.12 Interfering with fire fighting. (1) Whoever intentionally interferes with the proper functioning of a fire alarm system or the lawful efforts of fire fighters to extinguish a fire is guilty of a Class I felony.
(2) Whoever interferes with, tampers with or removes, without authorization, any fire extinguisher, fire hose or any other fire fighting equipment, is guilty of a Class A misdemeanor.
(3) Whoever interferes with accessibility to a fire hydrant by piling or dumping material near it without first obtaining permission from the appropriate municipal authority is guilty of a Class C misdemeanor. Every day during which the interference continues constitutes a separate offense.
Section
941.13, Stats., reads:
941.13 False alarms. Whoever intentionally gives a false alarm to any public officer or employee, whether by means of a fire alarm system or otherwise, is guilty of a Class A misdemeanor.
(c) Upon receipt of such petition the department shall order a hearing thereon, to consider and determine the issues raised by such appeal, such hearing to be held in the village, city or municipality where the local order appealed from was made. Notice of the time and place of such hearing shall be given to the petitioner and such other persons as the department may find directly interested in such decision, including the clerk of the municipality or town from which such appeal comes. If upon such investigation it shall be found that the local order appealed from is unreasonable and in conflict with the order of the department, the department may modify its order and shall substitute for the local order appealed from such order as shall be reasonable and legal in the premises, and thereafter the said local order shall, in such particulars, be void and of no effect.
Section
101.01 (8) of the statutes defines “local order”and reads:
(8) “Local order” means any ordinance, order, rule or determination of any common council, board of alderpersons, board of trustees or the village board, of any village or city, a regulation or order of the local board of health, as defined in s.
250.01 (3), or an order or direction of any official of a municipality, upon any matter over which the department has jurisdiction.
A-314.01 (13) The pages after the following page contain the forms the Department has developed for use with this chapter, which are primarily intended for use by local fire departments. More-current versions of these forms may be available at the Department's Web site at
http://dsps.wi.gov through links to Division of Industry Services forms.
SPS A–314.10 (4) (intro.) The dimensions in the following figure are compiled from NFPA 1 sections 10.16.1, 10.16.2, 10.16.5, 18.2.3.4.1.1 and 31.3.3.3.5. NFPA 1 contains additional requirements for outside storage, such as in chapter 33 for tires, and in section 34.10 for idle pallets.
A-314.10 (4) Outside storage schematic.
Page 2 of ______
Fire Department Position Statement
To be completed for fire or life-safety related variances requested from SPS 361-66, SPS 316, and other fire-related requirements.
I have read the application for variance and recommend: (check appropriate box)
⍽ Approval ⍽ Conditional Approval ⍽ Denial ⍽ No Comment
Explanation for recommendation including any conflicts with local rules and regulations and suggested conditions:
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Municipal Buildings Inspection Recommendation
To be completed for variances requested from SPS 320-323. Also to be used for SPS 316 electrical petitions, if SPS 361- 366 plan review is by municipality or orders are written on the building under construction; optional in other cases.
Please submit a copy of the orders.
I have read the application for variance and recommend: (check appropriate box)
⍽ Approval ⍽ Conditional Approval ⍽ Denial ⍽ No Comment
Explanation for recommendation including any conflicts with local rules and regulations and suggested conditions:
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Industry Services Division
Petition for Variance
Information and Instructions SPS 303
In instances where exact compliance with a particular code requirement cannot be met or alternative designs are desired, the division has a petition for variance process in which it reviews and considers acceptance of alternatives which are not in strict conformance with the letter of the code, but which meet the intent of the code. A variance is not a waiver from a code requirement. The petitioner must provide an equivalency which meets the intent of the code section petitioned to obtain a variance. Documentation of the rationale for the equivalency is required. Failure to provide adequate information may delay a decision on the petition. Pictures, sketches, and plans may be submitted to support equivalency. If the proposed equivalency does not adequately safeguard the health, safety, and welfare of building occupants, frequenters, firefighters, etc., the variance request will be denied. NOTE: A SEPARATE PETITION IS REQUIRED FOR EACH BUILDING AND EACH CODE ISSUE PETITIONED (i.e., window issue cannot be processed on the same petition as stair issue). It should be noted that a petition for variance does not take the place of any required plan review submittal.
The division is unable to process petitions for variance that are not properly completed. Before submitting the application, the following items should be checked for completeness in order to avoid delays:
• Petitioner's name (typed or printed)
• Petitioner's signature
• The application must be signed by the owner of the building or system unless a Power of Attorney is submitted.
• Notary Public signature with affixed seal
• Analysis to establish equivalency, including any pictures, illustrations or sketches of the existing and proposed conditions to clearly convey your proposal to the reviewer.
• Proper fee
• Any required position statements by fire chief or municipal official
A position statement from the chief of the local fire department is required for fire or life-safety issues. No fire department position statement is required for topics such as plumbing, private onsite sewage systems, or energy conservation. Submit a municipal building inspection department position for SPS 316 electrical petitions, or if SPS 361-366 commercial building plan review is by the municipality or orders are written on the building under construction. (Submit a copy of the orders.) For rules relating to one- and two-family dwellings, only a position statement is required only if the local municipality is the enforcing body. Position statements must be completed and signed by the appropriate fire chief or municipal enforcement official. Signatures or seals on all documents must be originals. Photocopies are not acceptable.
