SPS 330.003 SPS 330.003 Application.
SPS 330.003(3)(3) Conflicts. If requirements of the statutes, this chapter, or other Wisconsin administrative code chapters specify varying requirements, the requirement more protective of employee safety and health shall apply.
SPS 330.003(4) (4)Global deletions for the NFPA standards. Unless specified in subch. IV or specifically applied by another section in this chapter, the following requirements of the NFPA standards do not apply as rules of the department:
SPS 330.003(4)(a) (a) All requirements of a secondary standard or publication that is referenced in a standard adopted in subch. IV.
SPS 330.003(4)(b) (b) All requirements pertaining to emergency medical services.
SPS 330.003(4)(c) (c) All requirements that mandate fire fighter certification.
SPS 330.003(4)(d) (d) All requirements that mandate fire apparatus operator certification.
SPS 330.003(4)(e) (e) All requirements that mandate instructor certification.
SPS 330.003 History History: CR 01-044: cr. Register December 2001 No. 552, eff. 1-1-02; CR 17-067: r. (1), (2), am. (3), cr. (4) Register September 2018 No. 753, eff. 10-1-18.
subch. II of ch. SPS 330 Subchapter II — Definitions
SPS 330.01 SPS 330.01 Definitions. In this chapter:
SPS 330.01(1) (1)“Aerial device" means any extendable or articulating device that is designed to position fire fighters and handle fire fighting equipment.
SPS 330.01(1m) (1m) “ Ambulance service provider” has the meaning given under s. 256.01 (3), Stats.
SPS 330.01(2) (2)“Approved" means acceptable to the department.
SPS 330.01(3) (3)“Authority having jurisdiction" means the department.
SPS 330.01(4) (4)“Basic life support” has the meaning given under s. 256.15 (1) (d), Stats.
SPS 330.01(5) (5)“Department" means the department of safety and professional services.
SPS 330.01(6) (6)“Emergency operation” means activities of the fire department relating to rescue, fire suppression, emergency medical care, and special operations, including response to the scene of the incident and functions performed at the scene.
SPS 330.01(6h) (6h)“Employee" or “public employee", as defined in s. 101.055 (2) (b), Stats., means any employee of the state, of any state agency or of any political subdivision of the state.
SPS 330.01(6m) (6m)“Employer" or “public employer", as defined in s. 101.055 (2) (d), Stats., means the state, any state agency or any political subdivision of the state.
SPS 330.01(7) (7)“Fire apparatus” means a vehicle operated by a fire department and used for emergency operations to transport personnel and equipment and to support the suppression of fires and mitigation of other hazardous situations.
SPS 330.01(8) (8)“Fire chief" means the highest ranking officer in charge of a fire department.
SPS 330.01(9) (9)“Fire department" means any public organization engaged in fire fighting.
SPS 330.01(10) (10)“Fire fighter” means any person performing the powers and duties of a public fire department, whether or not that person is engaged in emergency operations. “Fire fighter” includes full- and part-time employees and paid and unpaid volunteers.
SPS 330.01(11) (11)“Fire fighter organization" means an organization that represents the collective and individual rights and interests of fire fighters, such as a collective bargaining group or a fire fighters association. “Fire fighter organization" includes any organization that fire fighters authorize to represent their interests in negotiations with fire department managers.
SPS 330.01(12) (12)“Fire fighting" means any activity related to controlling and extinguishing an unwanted fire or a fire set for training fire fighters, including any activity that exposes a fire fighter to the danger of heat, flame, smoke, or any other product of combustion, explosion, or structural collapse, but does not include any activities pertaining to fighting wildland fires. Fire fighting includes emergency operations and responses related to rescues, terrorism, and special hazards.
SPS 330.01(13g) (13g) “ Fit test” means the use of a testing protocol to qualitatively or quantitatively evaluate and verify the proper fit and seal of a respirator on an individual.
SPS 330.01 Note Note: See also qualitative fit test (QLFT) and quantitative fit test (QNFT).
SPS 330.01(13r) (13r) “ Hazard” means a condition, an object, or an activity with the potential of causing personal injury, equipment damage, loss of material, or reduction of the ability to accomplish the mission.
SPS 330.01(14) (14)“Hazardous atmosphere" means any atmosphere that is oxygen deficient or that contains a toxic or disease producing contaminant, whether or not it is immediately dangerous to life or health.
SPS 330.01(14g) (14g) “ Health and safety officer" means the person assigned and authorized by the fire chief as the manager of the fire department's health and safety programs.
SPS 330.01(14r) (14r) “ Immediately dangerous to life or health” or “IDLH” means any condition that would pose an immediate or delayed threat to life, cause irreversible adverse health effects, or interfere with an individual's ability to escape from a hazardous environment.
SPS 330.01(15) (15)“Imminent hazard" means an act or condition that presents a danger to persons or property that is so urgent and severe that it requires immediate corrective or preventive action.
SPS 330.01(15m) (15m) “ Incident commander” means the individual who has the overall authority and responsibility for the management of emergency operations and personnel activities, including the development of strategies and tactics and the ordering and release of resources.
SPS 330.01(16) (16)“Incident management system” means an organized system that defines the roles and responsibilities assumed by emergency responders and the standard operating guidelines used to manage and direct emergency operations and other related functions.
SPS 330.01(16m) (16m) “ Incident safety officer" means the individual designated by the fire chief or incident commander who has obtained training from a qualified instructor on the roles and responsibilities of an incident safety officer.
SPS 330.01(17) (17)“Member” means a person occupying any position or rank within a fire department and involved in performing any type of duties or responsibilities under the authority of a fire department. “Member” includes a full- or part-time employee or paid or unpaid volunteer.
SPS 330.01(17m) (17m) “ National Incident Management System” or “NIMS” means a system that provides a consistent, nationwide approach for organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity.
SPS 330.01(19) (19)“Occupational illness” means an illness or disease contracted through or aggravated by the performance of the duties, responsibilities, and functions of a fire department member.
SPS 330.01(20) (20) “ Occupational injury” means an injury sustained during the performance of the duties, responsibilities, and functions of a fire department member.
SPS 330.01(21c) (21c) “ Qualified instructor" means a fire service instructor who is determined by the fire chief to be knowledgeable in the topic and has demonstrated the knowledge and ability to deliver instruction effectively from a prepared lesson plan, including instructional aids and evaluation instruments; adapt lesson plans to the unique requirements of the students and authority having jurisdiction; organize the learning environment so that learning and safety are maximized; and meet the record-keeping requirements of the authority having jurisdiction.
SPS 330.01(21g) (21g) “ Qualitative fit test” or “QLFT” means a pass or fail fit test to assess the adequacy of respirator fit that relies on the individual's response to the test agent.
SPS 330.01(21n) (21n) “ Quantitative fit test” or “QNFT” means an assessment of the adequacy of respirator fit by numerically measuring the amount of leakage into the respirator.
SPS 330.01(21r) (21r) “ Personal alert safety system” or “PASS” means a device that continually senses for lack of movement of the wearer and automatically activates the alarm signal, indicating the wearer is in need of assistance.
SPS 330.01(21w) (21w) “ Self-contained breathing apparatus” or “SCBA” means an atmosphere-supplying respirator for which the breathing air source is designed to be carried by the user.
SPS 330.01(23) (23)“Service test" means the regular, periodic inspection and testing of apparatus and equipment, according to an established schedule and procedure, to ensure that it is in safe and functional operating condition.
SPS 330.01(24) (24)“Special hazard" means a substance, device, event, circumstance or condition that presents an unusual and severe danger to fire fighters or an abnormally high level of fire danger. Special hazards include water rescue, confined space entry, high-angle rescue, and operations requiring specialized training.
SPS 330.01(25) (25)Standard operating guideline” means a written organizational directive that establishes or prescribes specific operational or administrative methods to be followed routinely, which can be varied due to operational need in the performance of designated operations or actions.
SPS 330.01(26) (26) “ Structural fire fighting” means fire fighting that involves buildings, enclosed structures, enclosed vehicles, or enclosed vessels.
SPS 330.01 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 01-044: cr. (6h) and (6m), r. (22), Register December 2001 No. 552, eff. 1-1-02; correction in (5), (18) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 17-067: cr. (1m), am. (4), (6), (7), (10), (12), r. (13), cr. (13g), (13r), (14g), (14r), (15m), am. (16), cr. (16m), renum. (17) (intro.) to (17) and am., r. (17) (a) to (c), cr. (17m), r. (18), am. (19), (20), r. (21), cr. (21c), (21g), (21n), (21r), (21w), am. (25), (26) Register September 2018 No. 753, eff. 10-1-18.
subch. III of ch. SPS 330 Subchapter III — Administration and Enforcement
SPS 330.011 SPS 330.011 Inspections.
SPS 330.011(1)(1)Right of entry to investigate or inspect. The authorized representatives of the department, upon presentation of the appropriate credentials to an employer, may do all of the following:
SPS 330.011(1)(a) (a) Enter without delay and at reasonable times any building, place of employment or workplace of a public employer, or an environment where work is performed by an employee of the employer.
SPS 330.011(1)(b) (b) Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials, and question privately any employer or employee.
SPS 330.011(2) (2)Participation in inspections. Pursuant to s. 101.055 (5), Stats., a representative of the employer, an employee, or an employee representative shall be provided an opportunity to accompany a department inspector on any inspection made under this chapter.
SPS 330.011(3) (3)Requests for inspections.
SPS 330.011(3)(a) (a) Any person, who believes a safety or health standard or variance is being violated or that a situation exists which poses a recognized hazard likely to cause death or serious physical harm, may request the department to conduct an inspection by completing a complaint registration form designated by the department.
SPS 330.011 Note Note: The online complaint form is available on the Department's website at dsps.wi.gov/Pages/SelfService. See s. 101.055, Stats., for information regarding the complaint process.
SPS 330.011(3)(b) (b) If an employee or employee representative requesting an inspection requests confidentiality, that person's name may not be disclosed to the employer or any other person, including any state agency except the department.
SPS 330.011(4) (4)Orders. Pursuant to s. 101.055 (6), Stats., the department shall issue orders for violation of this chapter.
SPS 330.011 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 17-067: am. (1), (3) (a), (b), r. (3) (c) Register September 2018 No. 753, eff. 10-1-18.
SPS 330.012 SPS 330.012 Posting department order. Upon issuance of an order of noncompliance, the employer shall post a copy of the order in accordance with s. 101.055 (6) (a) 1., Stats.
SPS 330.012 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 01-044: r. and recr. Register December 2001 No. 552, eff. 1-1-02.
SPS 330.013 SPS 330.013 Variances. Pursuant to s. 101.055 (4), Stats., the department shall consider and may grant a temporary variance, an experimental variance or a permanent variance as specified in s. SPS 303.04 for a safety and health issue affecting public employees.
SPS 330.013 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 330.014 SPS 330.014 Notices. Every employer shall post a notice which summarizes the employee's protections and rights as granted under s. 101.055, Stats.
SPS 330.014 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95.
SPS 330.015 SPS 330.015 Penalties. Penalties for violations of this chapter may be assessed as specified in s. 101.02, Stats.
SPS 330.015 Note Note: Section 101.02 (13) (a), Stats., indicates penalties will be assessed against any employer, employee, owner or other person who fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the department, for which no penalty has been specifically provided, or who fails, neglects or refuses to comply with any lawful order made by the department, or any judgment or decree made by any court in connection with ss. 101.01 to 101.25, Stats. For each such violation, failure or refusal, such employee, owner or other person must forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each violation.
SPS 330.015 Note Note: Section 101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order.
SPS 330.015 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95.
subch. IV of ch. SPS 330 Subchapter IV — Adopted Standards
SPS 330.02 SPS 330.02 Incorporation of standards by reference. The following standards are incorporated by reference into this chapter:
SPS 330.02(1) (1) NFPA 1001-2013, Standard for Fire Fighter Professional Qualifications.
SPS 330.02(2) (2) NFPA 1002-2017, Standard for Fire Apparatus Driver/Operator Professional Qualifications.
SPS 330.02(3) (3)NFPA 1021-2014, Standard for Fire Officer Professional Qualifications, subject to the modifications specified in this chapter.
SPS 330.02(4) (4)NFPA 1403-2018, Standard on Live Fire Training Evolutions.
SPS 330.02(5) (5)NFPA 1901-2016, Standard for Automotive Fire Apparatus.
SPS 330.02(6) (6)NFPA 1911-2017, Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Emergency Vehicles, subject to the modifications specified in this chapter.
SPS 330.02(7) (7) NFPA 1971-2018, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting.
SPS 330.02(8) (8)NFPA 1981-2013, Standard on Open-Circuit Self-Contained Breathing Apparatus for Emergency Services.
SPS 330.02(9) (9)NFPA 1982-2013, Standard on Personal Alert Safety Systems (PASS).
SPS 330.02(10) (10)NFPA 1983-2017, Standard on Life Safety Rope and Equipment for Emergency Services, subject to the modifications specified in this chapter.
SPS 330.02(11) (11) CGA Standard G-7.1, 2011, Commodity Specification for Air.
SPS 330.02 Note Note: Copies of the standards are on file in the offices of the department and the legislative reference bureau.
SPS 330.02 Note Note: NFPA standards may be viewed online at NFPA.org or purchased from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.
SPS 330.02 Note Note: CGA standards may be purchased from the Compressed Gas Association, 14501 George Carter Way, Suite 103, Chantilly, VA 20151 or at www.cganet.com.
SPS 330.02 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 01-044: r. and recr. Register December 2001 No. 552, eff. 1-1-02; CR 17-067: renum. (1) (intro.), (a) to (f) to (intro.), (1) to (6) and am., r. (1) (g), renum. (1) (h) to (k) to (7) to (10) and am., r. (2) (intro.), renum. (2) (a) to (11) and am. Register September 2018 No. 753, eff. 10-1-18.
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.