Chapter SPS 314

SPS 314.01 Note Note: See Appendix for a reprint of the above-referenced sections of the Statutes.

SPS 314.01(1)(c) (c)

SPS 314.01(1)(c)1. 1. This chapter does not apply to any of the buildings, structures, or situations specified in subds. 3. and 4.

SPS 314.01(1)(c)2. 2. All of the buildings, structures, or situations in subds. 3. to 8. are neither public buildings nor places of employment under this chapter.

SPS 314.01(1)(c)3. 3.

SPS 314.01(1)(c)3.a. a. 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.

SPS 314.01(1)(c)3.b. b. 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.

SPS 314.01(1)(c)4. 4. Buildings and portions of buildings that are either federally owned or exempted by federal statutes, regulations, or treaties.

SPS 314.01(1)(c)5. 5. 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 Note: As referenced in par. (b) and Note, see Appendix for a reprint of the exclusions referenced in s. 101.01 (11) and (12) of the Statutes, which includes definitions of “farming” and “farm premises.”

SPS 314.01(1)(c)6. 6. 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, Stats.

SPS 314.01 Note Note: The definitions in s. 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 s. 46.03 (22) of the Statutes.

SPS 314.01(1)(c)7. 7. 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 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.

SPS 314.01(1)(c)8. 8. That portion of or space within a one- or 2-family dwelling in which a home occupation is located.

SPS 314.01(1)(d) (d) 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:

SPS 314.01(1)(d)1. 1. Explosives, fireworks or repair of motor vehicles.

SPS 314.01(1)(d)2. 2. More than 25% of the habitable floor area of the dwelling unit.

SPS 314.01(1)(e) (e)

SPS 314.01(1)(e)1. 1. The requirements in sub. (11) apply to all fire responses, rather than only to fire responses for public buildings and places of employment.

SPS 314.01(1)(e)2. 2. The requirements in sub. (13) (d) 2. apply to fire responses to first alarms for all buildings, rather than only for public buildings.

SPS 314.01(1)(f) (f) Except for facilities that are exempted from this chapter under par. (c) 3. and 4. — and regardless of pars. (b), (c) 5. to 8. and (d) — this chapter applies to all facilities and structures which exist on or after September 1, 2014, and which involve flammable-, combustible- or hazardous-liquid storage, transfer, or dispensing.

SPS 314.01 Note Note: Chapter SPS 305 regulates persons or businesses that are required or permitted to obtain licenses, certifications, or registrations under chapters 101, 145, 167, or 168 of the statutes. Section SPS 305.68 states:

SPS 314.01 Note “No person may inspect a tank system which has held or will hold flammable, combustible or hazardous liquids to determine compliance with chapter ATCP 93 unless the person holds a certification issued by the Department as a certified tank system inspector.”

SPS 314.01 Note Chapters ATCP 93 and SPS 305 do not preclude a fire inspector from conducting fire safety inspections involving flammable, combustible, or hazardous liquids under ch. ATCP 93; or from enforcing fire safety requirements under ch. SPS 314 or ss. 101.14 (1) (a) or (b) or (2) of the statutes.

SPS 314.01 Note Note: In conjunction with addressing the quality and retail sales of petroleum products, ch. ATCP 94 also regulates containers which have a capacity of under 275 gallons and which are used for storing gasoline or any other petroleum product that has a flash point of less than 100°F. Chapter ATCP 94 requires these containers to be colored red and appropriately labeled, and prohibits using red containers for storing petroleum products that have a flash point of 100°F or more.

SPS 314.01 Note Note: See the annotations under s. 101.11 of the Statutes for further guidance in determining which facilities are or are not places of employment.

SPS 314.01(1)(g) (g)

SPS 314.01(1)(g)1. 1. Except for facilities that are exempted from this chapter under par. (c) 3. and 4. — and regardless of pars. (b), (c) 5. to 8. and (d) — the department or its deputies may apply this chapter to any building or other structure or premises or public thoroughfare, which exists on or after September 1, 2014, and which has either of the following characteristics:

SPS 314.01(1)(g)1.a. a. It is especially liable to fire and is so situated as to endanger other buildings or property.

SPS 314.01(1)(g)1.b. b. It contains combustible or explosive material or inflammable conditions that are dangerous to the safety of any building or premises or the occupants thereof, or endangering or hindering fire fighters in case of fire.

SPS 314.01(1)(g)2. 2. The purpose of applying this chapter under this paragraph is to cause correction of any of the following:

SPS 314.01(1)(g)2.a. a. A condition liable to cause damaging fire.

SPS 314.01(1)(g)2.b. b. A violation of any law or order relating to fire hazards or to the prevention of fire.

SPS 314.01 Note Note: See s. 101.14 (1) (a) to (bm) of the Statutes for the authorization to apply this chapter in this manner, and for limitations on entry into the interior of private dwellings.

SPS 314.01 Note Note: Under s. 101.14 (2) (a) of the Statutes, and as referenced in s.SPS 314.01 (13) (a), “The chief of the fire department in every city, village, or town, except cities of the 1st class, is constituted a deputy of the department.”

SPS 314.01 Note Note: See s. 66.0413 of the Statutes for (1) the authority of municipalities to order removal or repair of buildings that are dangerous, unsafe, unsanitary, or otherwise unfit for human habitation; and (2) extensive criteria relating to executing this authority, such as for dilapidated buildings.

SPS 314.01 Note Note: See ch. ATCP 93 for orders of the Department of Agriculture, Trade and Consumer Protection relating to flammable, combustible and hazardous liquids; and see ch. SPS 340 for orders of the Department relating to fuel gas systems.

SPS 314.01 Note Note: See Appendix for a list of tanks, containers, tank systems, and facilities that are not regulated by ch. ATCP 93.

SPS 314.01(2) (2) Application.

SPS 314.01(2)(a) (a) General. Substitute the following wording for the requirements in NFPA 1 sections 1.3.2.4. to 1.3.2.4.3:

SPS 314.01(2)(a)1. 1. The design requirements in NFPA 1 and in any standard or code adopted therein that apply to public buildings or places of employment are not included as part of this chapter, except as specified in subds. 3. a. and 4.

SPS 314.01 Note Note: Because of this subdivision, 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 chs. SPS 361 to 366 for design requirements for public buildings and places of employment.

SPS 314.01(2)(a)2. 2. The codes and standards that are referenced in this chapter, and any additional codes and standards which are subsequently referenced in those codes and standards, shall apply to the prescribed extent of each such reference, except as modified by this chapter.

SPS 314.01(2)(a)3. 3.

SPS 314.01(2)(a)3.a. a. The design requirements in NFPA 1 chapter 18 for fire department access and water supply are included as part of this chapter.

SPS 314.01(2)(a)3.b. b. The requirements in NFPA 1 sections 18.2.3 and 18.3 do not apply to buildings constructed prior to September 1, 2014. Buildings constructed prior to that date but on or after March 1, 2008, shall comply with the requirements in NFPA 1 sections 18.2.3 and 18.3 which were in effect under this subdivision during that period. The requirement in NFPA 1 section 18.2.2.1 that an access box be listed in accordance with UL 1037 does not apply to access boxes installed prior to September 1, 2014.

SPS 314.01(2)(a)4. 4. The design requirements in NFPA 1 sections 50.2.1.1 and 50.4 for an exhaust hood and an automatic fire suppression system are included as part of this chapter, for mobile kitchens only.

SPS 314.01(2)(b) (b) Conflicts. Substitute the following wording for the requirements in NFPA 1 section 1.3.3:

SPS 314.01(2)(b)1. 1. Where any rule written by the department differs from a requirement within a document referenced in this chapter, the rule written by the department shall govern.

SPS 314.01(2)(b)2. 2. Where rules of the department specify conflicting requirements, types of materials, methods, processes or procedures, the most restrictive rule shall govern, except as provided in subds. 1. and 3.

SPS 314.01 Note Note: If the most restrictive of two or more conflicting requirements is not readily apparent, a determination of which is more restrictive can be obtained from the Department.

SPS 314.01(2)(b)3. 3. Where a rule prescribes a general requirement and another rule prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in subd. 1.

SPS 314.01(3) (3) Alternatives. Substitute the following wording for the requirements in NFPA 1 section 1.4.1: Nothing in this chapter is intended to prohibit or discourage the design and use of new materials or components, or new processes, elements or systems, provided written approval from the department or AHJ is obtained first.

SPS 314.01(4) (4) Petition for variance. Substitute the following wording for the requirements in NFPA 1 sections 1.4.2 to 1.4.6: The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.

SPS 314.01 Note Note: Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance which meets the intent of the rule being petitioned. Chapter SPS 303 also requires the Department to process regular petitions within 30 business days and priority petitions within 10 business days. The SBD-9890 form is available in the Appendix or at the Department’s Web site at http://dsps.wi.gov through links to Division of Industry Services forms.

SPS 314.01 Note Note: See ch. SPS 302 for the fee that must be included when submitting a petition for variance.

SPS 314.01(5) (5) Temporary use. These are department rules in addition to the requirements in NFPA 1 section 1.4: A fire code official may allow a building or a portion of a building to be used temporarily in a manner that differs from the approved use for the building or space, or may approve a temporary building to be used by the public, subject to all of the following provisions:

SPS 314.01(5)(a) (a) The official shall determine the time frame within which the temporary use is permitted, based on the extent hazards are created by the temporary use. This time frame may not exceed 180 days, except the official may grant extensions for demonstrated cause.

SPS 314.01(5)(b) (b) Buildings or spaces considered for temporary use shall conform to the requirements of this chapter as necessary to ensure the public safety, health, and general welfare, except as provided in par. (c).

SPS 314.01(5)(c) (c) The official may require additional safety requirements for a temporary use as a trade-off for any safety provisions that may be lacking.

SPS 314.01(5)(d) (d) The official may terminate the approval for a temporary use at any time and order immediate discontinuance of the use or complete evacuation of the building or space.

SPS 314.01 Note Note: The Department and other state agencies may have additional rules that affect the design, construction, inspection, maintenance, and use of public buildings, places of employment and premises, including chs. SPS 305, Credentials; SPS 307, Explosives and Fireworks; SPS 316, Electrical; SPS 318, Elevators, Escalators and Lift Devices; SPS 340, Gas Systems; SPS 341, Boilers and Pressure Vessels; SPS 343, Anhydrous Ammonia; SPS 345, Mechanical Refrigeration; SPS 361 to 366, Commercial Building Code; SPS 375 to 379, Buildings Constructed Prior to 1914; SPS 381 to 387, Plumbing; SPS 390, Public Swimming Pools and Water Attractions; and SPS 391, Sanitation. The Department’s Division of Industry Services administers all of these listed codes.

SPS 314.01(6) (6) Interpretations. These are department rules in addition to the requirements in NFPA 1 section 1.7.3:

SPS 314.01(6)(a) (a) Department authority. Any departmental interpretation of the requirements in this chapter or in the codes and standards that are adopted in this chapter shall supersede any differing interpretation by either a lower level jurisdiction or an issuer of the adopted code or standard.

SPS 314.01 Note Note: The National Fire Protection Association, which issues the NFPA Fire Code that is adopted in this chapter, also issues an NFPA 1 Fire Code Handbook. The Handbook contains explanatory information on many of the Code’s requirements along with case studies and illustrative examples that may be helpful in understanding the Code’s requirements. Go to www.nfpa.org for further information about the Handbook.

SPS 314.01(6)(b) (b) Local ordinances.

SPS 314.01(6)(b)1. 1. Pursuant to s. 101.02 (7), Stats., no city, village, or town may enact or enforce an additional or more restrictive local ordinance that establishes minimum standards for constructing, altering, or adding to public buildings or buildings that are places of employment.

SPS 314.01(6)(b)2. 2. Nothing in this chapter affects the authority of a municipality or county to enact and enforce requirements for fire districts, land use, or zoning under ss. 59.69, 60.61, 60.62, 61.35, and 62.23 (7), Stats.

SPS 314.01(7) (7) Exclusions.

SPS 314.01(7)(a) (a)

SPS 314.01(7)(a)1. 1. The requirements in the following NFPA 1 sections are not included as part of this chapter: 1.7.10.2, 1.7.10.4, 1.9.1 to 1.9.3, and 1.10.

SPS 314.01(7)(a)2. 2. Any permit referenced in NFPA 1 section 1.12 or referred to elsewhere under this chapter is not required by this chapter, but may be required at the local level if done so through a local ordinance.

SPS 314.01(7)(a)3. 3. Any certificate of fitness referenced in NFPA 1 section 1.13 or referred to elsewhere under this chapter is not required by this chapter, but may be required at the local level if done so through a local ordinance.

SPS 314.01(7)(b) (b) Any requirement which is specified in par. (a) and which is subsequently referred to elsewhere under this chapter is not included as part of this chapter.

SPS 314.01(7m) (7m) Stop orders. This is a department informational note to be used under NFPA 1 section 1.7.14:

Note: Under sections 101.12 (3) (g) and 101.14 (1) (a) and (b) and (2) (b) of the Wisconsin Statutes, a fire inspector who is not certified by the Department as a building or dwelling inspector under chapter SPS 305 is authorized to order stopping an operation, construction or use only if the order relates to a fire hazard or explosion hazard or to prevention of fire — except where a local ordinance provides further authority to that inspector.

SPS 314.01(8) (8) Owner’s responsibility. This is a department rule in addition to the requirements in NFPA 1 chapter 1: The owner of each building, structure and premises shall be responsible for maintaining the property in compliance with this chapter. Compliance with this chapter does not relieve the owner of a public building or place of employment from compliance with the other administrative rules established by the department or other state agencies.

SPS 314.01 Note Note: Pursuant to s. 101.11 (2) (a) of the Statutes, no employer or owner, or other person may hereafter construct or occupy or maintain any place of employment, or public building, that is not safe, nor prepare plans which fail to provide for making the same safe. See the annotations under s. 101.11 (3) of the Statutes for substantial additional information relating to the duties of owners and employers to provide and maintain places of employment and public buildings that are safe.

SPS 314.01 Note Note: See Appendix for statutory penalties relating to interfering with fire fighting, and to false alarms.

SPS 314.01(9) (9) Appeals. These are department rules in addition to the requirements in NFPA 1 chapter 1:

SPS 314.01(9)(a) (a) Appeal of department order. Pursuant to s. 101.02 (6) (e), Stats., any person who owns or occupies a property that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order.

SPS 314.01(9)(b) (b) Appeal of local order. Pursuant to s. 101.02 (7) (b), Stats., any person affected by a local order that is in conflict with an order of the department may petition the department for a hearing.

SPS 314.01 Note Note: See Appendix for a reprint of s. 101.02 (7) (c) of the Statutes, which addresses the Department’s response to a petition received under this paragraph; and for the definition of “local order,” from s. 101.02 (8) of the Statutes.

SPS 314.01(10) (10) Revocation of approval. These are department rules in addition to the requirements in NFPA 1 chapter 1:

SPS 314.01(10)(a) (a) Department revocation. The department may revoke any approval, issued under the provisions of this chapter, for any false statements or misrepresentation of facts on which the approval was based.

SPS 314.01(10)(b) (b) Local revocation. The fire chief, or in first class cities the commissioner of building inspection, may revoke any local approval issued by them under the provisions of this chapter, for any false statements or misrepresentation of facts on which the approval was based. The fire chief, and in first class cities the commissioner of building inspection, may not revoke an approval issued by the department.

SPS 314.01(11) (11) Fire incident reports. Substitute the following wording for the requirements in NFPA 1 section 1.11.3.2:

SPS 314.01(11)(a) (a)