Wisconsin Legislature: SPS 314.01(2)(b)

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

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

(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.

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:

“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.”

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.

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.

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.

(g)

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:

a. It is especially liable to fire and is so situated as to endanger other buildings or property.

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.

2. The purpose of applying this chapter under this paragraph is to cause correction of any of the following:

a. A condition liable to cause damaging fire.

b. A violation of any law or order relating to fire hazards or to the prevention of fire.

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.

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.”

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.

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.

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

(2) Application.

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

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.

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.

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.

a. The design requirements in NFPA 1 chapter 18 for fire department access and water supply are included as part of this chapter.

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.

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.

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

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.

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.

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.

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.

(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.

(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.

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.

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

(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:

(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.

(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).

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

(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.

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.

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

(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.

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.

(b) Local ordinances.

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.

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.

(7) Exclusions.

(a)

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.

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.

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.

(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.

(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.

(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.

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.

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

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

(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.

(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.

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.

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

(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.

(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.

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

(a)

1. For each fire, a record shall be compiled by a fire department serving the municipality in which the fire occurred.

2. The record in subd. 1. shall include all applicable information specified in s. 101.141 (2), Stats., shall be filed with the federal agency specified in s. 101.141 (1), Stats., and shall be filed no later than the deadline specified in s. 101.141 (1), Stats.

Note: Section 101.141 of the Statutes reads as follows: “Record keeping of fires. (1) Each city, village, and town fire department shall file a report for each fire that involves a building and that occurs within the boundaries of the city, village, or town with the U.S. fire administration for placement in the fire incident reporting system maintained by the U.S. fire administration. The report shall be filed within 60 days after the fire occurs.

(2) Each report filed under sub. (1) shall include all of the following information:

(a) The age of the building.

(b) The purpose for which the building was used at the time of the fire.

(c) If the building was used as a home, whether the building was a multifamily dwelling complex, a single-family dwelling, or a mixed-use building with one or more dwelling units.

(d) The number of dwelling units in the building, if the building was a multifamily dwelling complex or a mixed-use building.

(e) Whether the building had an automatic fire sprinkler system at the time of the fire and, if so, whether the system was operational.

(f) Whether the building had a fire alarm system at the time of the fire and, if so, whether the system was operational.

(g) The cause of the fire.

(gg) An estimate of the amount of damages to the building as a result of the fire.

(gm) The number of human deaths due to the fire, if any.

(gr) The number of human injuries due to the fire, if any.

(h) Any other relevant information concerning the building, as determined by the fire department.

(3) The Department may review, correct, and update any report filed by a fire department under this section.”

(b)

1. In reporting the age of a building under par. (a), only the age of the portion of the building where the fire occurred is required, and this age may be estimated.

Note: Various software programs for reporting the information under this section may accommodate reporting a building’s age only as a note in a narrative.