SPS 314.01 Note
Note: Fully-sprinklered buildings are protected throughout by an automatic fire sprinkler system as specified in NFPA 13 or 13R, as referenced in chs.
SPS 361 to
366.
SPS 314.01(13)(b)5.s.
s. Seasonal or periodic occupancies, provided at least one interior inspection is conducted during an occupancy period and provided the occupancy does not extend beyond 6 months in any calendar year.
SPS 314.01(13)(b)6.a.a. For low-use buildings or places of employment, including those specified in
subd. 6. b. to
f., in lieu of the inspection frequency specified in
subd. 3. or
5., the fire chief may base the frequency of the inspections on hazard classification, the proportion of public area, the record of fire code violations, the ratio of occupancy to size and any other factor the chief deems significant. Property other than residential property with 4 dwelling units or less shall be inspected at least once annually.
SPS 314.01(13)(b)6.c.
c. Temporary-occupancy uses — such as farm structures temporarily used for winter storage, horse stables or riding arenas.
SPS 314.01 Note
Note: To reduce the potential for difficulties to arise during the audits addressed in s.
SPS 314.01 (14) (d), fire chiefs who exercise this discretion should either declare the corresponding buildings and inspection frequency in advance, or maintain a corresponding list of buildings to be inspected and their inspection frequency.
SPS 314.01(13)(b)7.a.a. Where authorized by a local ordinance, a city, village or town may reduce the inspections required under
subd. 3. to at least once per calendar year, provided the interval between those inspections does not exceed 15 months.
SPS 314.01(13)(b)8.
8. `Inspection reports.' The fire chief shall make and keep on file reports of fire prevention inspections, except in first class cities the commissioner of the building inspection department shall make and keep the reports. For at least 7 years, the reports shall be maintained in written form or in another form capable of conversion into written form within a reasonable amount of time.
SPS 314.01 Note
Note: The Department has developed fire inspection report forms that may be used by fire departments. The fire inspection report forms (SBD-10615A and SBD-5295) are available from the Division of Industry Services through one or more of the following means: in the Appendix; at P.O. Box 7162, Madison, WI 53707-7162; or at the Department's Web site at
http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 314.01(13)(b)9.
9. `Inspectors.' Fire safety inspections shall be conducted by the department or deputy or an authorized representative of the deputy.
SPS 314.01(13)(b)10.
10. `Statutory inspection authority.' The rules of this chapter do not limit or deny the ability of department deputies to conduct the activities under s.
101.14 (1) (a) and
(b), Stats., for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to fire hazards or to the prevention of fire.
SPS 314.01 Note
Note: Under s.
101.14 (2) (a) of the Statutes, and as referenced in s.
SPS 314.01 (14) (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(13)(b)11.
11. `Fire inspector training.' All fire department personnel directly involved in conducting fire inspections are authorized by the department and by the fire chief to conduct the inspections upon completion of training approved by the fire chief.
SPS 314.01(13)(c)
(c)
Public fire education services. Each fire department shall provide public fire education services within the territory served by the fire department. The services may be selected from the following public fire education-related activities, or may be other activities acceptable to the department:
SPS 314.01(13)(c)1.
1. `Fire prevention week program.' Fire departments complete any combination of the following activities during national fire prevention week: children's poster contest; fire department open house; school visits to teach children fire safety; fire department fire safety demonstrations, including but not limited to fire fighting demonstrations, fire extinguisher and smoke detector demonstrations, stop, drop and roll demonstrations or an activity that specifically relates to a national fire prevention week theme.
SPS 314.01(13)(c)2.
2. `Residential fire inspection program.' Fire departments advertise and conduct residential fire inspections on a request basis or in response to local ordinance.
SPS 314.01(13)(c)3.
3. `Building plan review program.' Fire departments conduct plan reviews and approvals of fire safety related elements prior to construction of public buildings and places of employment.
SPS 314.01(13)(c)4.
4. `School education program.' Fire departments conduct approved fire safety education programs in the school districts for which they have responsibility.
SPS 314.01(13)(c)5.
5. `Continuing public fire education program.' Fire departments conduct public fire education programs, which may include monthly public service announcements for radio or television, monthly newspaper articles, booths at fairs, demonstrations at shopping centers, and billboards with fire safety messages.
SPS 314.01(13)(c)6.
6. `Public fire education speaking bureau.' Fire departments organize a group of speakers to make public fire education presentations to civic organizations, professional organizations, school organizations and similar groups.
SPS 314.01(13)(c)7.
7. `Youth fire awareness program.' Fire departments conduct youth fire awareness programs, including skill award and merit badge clinics for scouts, junior fire marshal program, juvenile fire setters program, first aid and CPR training and related activities.
SPS 314.01(13)(c)8.
8. `Fire extinguisher training program.' Fire departments conduct training programs for the public or industry regarding the operation of fire extinguishers. Industrial fire brigade training programs may be conducted to complete this activity.
SPS 314.01(13)(c)9.
9. `Occupancy inspection program.' Fire departments conduct inspections of public buildings and places of employment prior to the issuance of local occupancy permits. Written documentation of the inspections is kept by each fire department.
SPS 314.01(13)(c)10.
10. `Smoke detector awareness program.' Fire departments conduct programs to inform people regarding the effectiveness and proper installation of smoke detectors in residential buildings, public buildings and places of employment.
SPS 314.01(13)(d)
(d)
Record keeping. The following fire department dues entitlement records shall be generated and maintained by each fire department:
SPS 314.01(13)(d)2.
2. Time, date, location, and number of firefighters responding, excluding the chief, for each first alarm for a building. For any of these responses that are in combination with another fire department under a mutual aid agreement, the record under this paragraph shall include the name of that department and the number of firefighters, excluding the chief, responding from that department.
SPS 314.01(13)(d)3.
3. Number and duration of, and attendance at, fire department meetings, if the fire department is a volunteer fire department. For the purposes of this requirement, a volunteer fire department does not have any member who is paid for 36 hours or more of work, on a weekly basis.
SPS 314.01(13)(d)4.
4. Number and duration of, topic of and attendance at fire department training sessions.
SPS 314.01(13)(d)5.
5. Number, type, and duration of, and attendance of fire department members at, public fire education related activities.
SPS 314.01(13)(e)
(e)
Availability of records. For at least 7 years, the records specified in
par. (d) shall be maintained in written form or in another form capable of conversion into written form within a reasonable amount of time; and shall be made available to the department and to the public, upon request to the fire department.
SPS 314.01 Note
Note: Section
19.32 (2) of the Statutes considers a record to be material containing written or electromagnetic information. The department will consider computer records to be equivalent to written reports.
SPS 314.01(14)
(14) Fire department dues. These are department rules in addition to the requirements in NFPA 1 chapter 1:
SPS 314.01(14)(a)1.a.a. In order to be eligible to receive a fire department dues payment, a municipality shall be in substantial compliance with the requirements for fire protection, fire reporting and fire prevention services specified in ss.
101.14 (2),
101.141 (1) and
(2), and
101.575, Stats., and this chapter, throughout the entire municipality.
SPS 314.01(14)(a)2.a.a. Fire protection and fire prevention services shall be provided by the fire department, except as provided in
subd. 2. b. A municipality not maintaining a fire department shall have the services provided through contract. A fire department may use mutual aid agreements as a means of providing fire protection services.
SPS 314.01(14)(a)2.b.
b. In first class cities, fire inspections may be provided by the neighborhood services department.
SPS 314.01(14)(b)1.1. `General.' The department shall determine substantial compliance with the fire department dues entitlement program through the processes specified in this paragraph and
pars. (c) and
(d).
SPS 314.01(14)(b)2.
2. `Multiple fire departments.' Where a municipality is served by more than one fire department and any one of the fire departments is determined to be in noncompliance within that municipality, the entire municipality shall be determined to be in noncompliance.
SPS 314.01(14)(b)3.
3. `Notice of noncompliance.' The department shall issue a notice of noncompliance to the municipality and the chief of the fire department that the department has determined to be in noncompliance. The determination shall be based on one or more of the following causes:
SPS 314.01(14)(c)1.1. A municipality shall annually complete and submit fire department dues entitlement self-certification input for the previous calendar year. The input shall be in a format prescribed by the department and shall be submitted to the department on or before April 1.
SPS 314.01 Note
Note: Further information about the Department's Web-based registration and self-certification process is available at the Department's Web site at
www.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(14)(c)2.
2. A municipality shall include in the self-certification input the name of every fire department and the chief of the fire department that provided fire protection services and fire prevention services, to the municipality in the last calendar year. This identification shall be used to determine which fire departments are entitled to receive fire department dues from the municipality.
SPS 314.01(14)(c)3.
3. The chief of the fire department that provided the fire protection and fire prevention services and the clerk of the municipality shall each provide the input required by this paragraph, as to whether or not the municipality is in substantial compliance with state regulations regarding the fire department dues entitlement program. In first class cities, the commissioner of the building inspection department shall also submit the self-certification input.
SPS 314.01(14)(d)1.1. In addition to the self-certification process, the department shall periodically conduct audits of fire department dues entitlement records to determine substantial compliance with the fire department dues entitlement program for the previous calendar year.
SPS 314.01 Note
Note: The definition of “substantial compliance" in s.
SPS 314.03 (1) (i) is not intended to infer that the Department must
make a separate determination about substantial compliance in each of the fire-dues eligibility categories prescribed in ss.
101.14 (2) and
101.575 (3) and
(6) of the Statutes. Nor is that definition intended to infer that a fire department could do virtually no inspections and still be in compliance
. Instead, Department staff use their expert judgment, in looking at the overall performance of a fire department and the municipality, to make an overall determination of whether substantial compliance occurred.
SPS 314.01(14)(d)2.
2. The department shall periodically examine fire department dues entitlement records, including the records required in
sub. (13) (b) 8. and
(d), and in NFPA 1 section 1.11.2, to verify that the required fire prevention and fire protection services were provided within the territory served by the fire department and, within first class cities, by the building inspection department.
SPS 314.01 Note
Note: The information required in the entitlement records is as specified in ss.
101.14 (2) and
101.575 of the Statutes. Under those sections, the fire incident reports that are addressed in sub. (11), and any records of fire prevention inspections beyond public buildings and places of employment, are not fire dues entitlement records.
SPS 314.01(14)(d)3.
3. The department shall write a report summarizing the results of each audit.
SPS 314.01(14)(e)1.1. A department audit determination under this subsection may be appealed only in accordance with this paragraph or
ch. 227, Stats.
SPS 314.01(14)(e)2.b.
b. An appeal may be filed only by either a fire department that fails an audit conducted under
par. (d), or by a municipality served by that fire department.
SPS 314.01(14)(e)3.
3. `Timing of an appeal.' An appeal may only be filed after the department issues a written determination of failure, but no later than 30 business days after that issuance. If no appeal is received by the department within that time period, the initial determination of failure shall become effective.
SPS 314.01(14)(e)4.
4. `Processing an appeal.' The department shall forward the appeal to the appeals board established under
subd. 5.
SPS 314.01(14)(e)5.
5. `Appeals board.' The department shall appoint an appeals board comprised of the following members: a volunteer fire chief, a paid fire chief, a fire inspector, a volunteer firefighter, a paid firefighter, a representative of the League of Wisconsin Municipalities, and a representative of the Wisconsin Towns Association.
SPS 314.01(14)(e)6.
6. `Support staff and resources.' The department shall provide support staff and other resources needed for the functions of the appeals board.
SPS 314.01(14)(e)7.
7. `New information.' New information submitted with an appeal may result in remanding the appeal back to a lower level.
SPS 314.01(14)(e)8.
8. `Hearing.' If requested by the appellant, the board shall allow oral testimony in addition to the written material filed under
subd. 2. a. Any oral testimony shall be presented either through a teleconference or at a hearing location determined by the department.
SPS 314.01(14)(e)9.a.a. Four members of the board shall constitute a quorum. For the purpose of conducting business, a majority vote of the entire board, excluding any vacant positions, is required.
SPS 314.01(14)(e)9.b.
b. Findings of the appeals board shall be forwarded to the secretary of the department no later than 30 business days after the department receives the appeal, unless a later deadline is agreed upon by both the appellant and the appeals board.
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)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 Note
Note: 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 Note
Note: 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 History
History: 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.
