SPS 314.03(1)(a)2.c.
c. “Supplies" means equipment, memberships, postage, printing, rent, subscriptions, telecommunications, travel, utilities and similar outfitting and services, directly related to administering ss.
101.14,
101.141 and
101.573, Stats.
SPS 314.03(1)(b)
(b) “Department" means the department of safety and professional services.
SPS 314.03(1)(bm)
(bm) “Design requirements" means any requirements that a designer would otherwise need to follow when specifying the permanent physical characteristics of a building. These include the materials of construction, structural members, fire-resistance and fire protection systems, means of egress and accessibility, energy efficiency, electrical systems, plumbing and other mechanical systems.
SPS 314.03(1)(c)
(c) “Fire chief" means the chief or authorized representative of the fire department serving the unit of government having authority over the public building or place of employment. Fire chief also means the representative designated by the local unit of government to carry out the duties of this chapter.
SPS 314.03(1)(d)
(d) “Fire department" means a municipal fire department, public safety department, or public or private organization, such as a fire association, fire district, fire company or fire corporation, organized or created for the purpose of extinguishing fires and preventing fire hazards.
SPS 314.03(1)(dm)
(dm) “Governing authority" means the department of safety and professional services.
SPS 314.03 Note
Note: Under NFPA 1 section 1.6, any local unit of government adopting local fire prevention requirements that apply in addition to this chapter is the “governing authority" for those requirements.
SPS 314.03(1)(f)
(f) “NFPA 1" means the 2012 edition of NFPA 1,
Fire Code, as adopted and modified in this chapter.
SPS 314.03 Note
Note: See Appendix for a reprint of s.
101.01 (11) of the Statutes.
SPS 314.03 Note
Note: See Appendix for a reprint of s.
101.01 (12) of the Statutes.
SPS 314.03(1)(i)
(i) “Substantial compliance," for the purposes of s.
101.575 (4) (a) 1. and
2., Stats., means an ample amount of the required activity was performed through a concerted effort aimed at total compliance. A determination of substantial compliance is obtained through a common-sense approach to evaluating whether enough effort was made to comply with the applicable statute or code requirements. Substantial compliance is not a specific number or percent of compliance. A determination of substantial compliance in any one year or regulatory standard does not mean that the same amount of compliance or effort in the following year or in another area of the code automatically equals substantial compliance.
SPS 314.03 Note
Note: Under s.
101.575 (4) (a) 1. of the Statutes, the Department may not pay fire department dues to a city, village, town or fire department, unless the Department determines that the city, village, town or fire department is in substantial compliance with ss.
101.575 (6),
101.14 (2), and
101.141 (1) and
(2) of the Statutes.
SPS 314.03(2)
(2) Substitute the following definition for the definition in NFPA 1 section 3.3.182.22: “One- and 2-family dwelling" has the meaning as defined for dwelling in s.
101.61 (1), Stats.
SPS 314.03 Note
Note: Section
101.61 (1) of the Statutes reads as follows: “`Dwelling' means any building that contains one or 2 dwelling units. `Dwelling unit' means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others."
SPS 314.03 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 09-104: renum. (intro.), (1) to (6), (8) to (10), (7) to be (1) (intro.), (a) to (i), (2) and am.
Register December 2010 No. 660, eff. 1-1-11; correction in (1) (a) 1., (b) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672;
CR 13-105: am. (1) (a) 2., cr. (1) (bm), (dm), am. (1) (f), (2)
Register August 2014 No. 704, eff. 9-1-14.
SPS 314.10(1)
(1)
NFPA 101®, Life safety code®. This is a department informational note to be used under NFPA 1 section 10.1.2:
Note: Under
section SPS 314.01 (2) (a) 1., the design requirements that are included in NFPA 1,
Fire Code, either directly, or indirectly through cross-references to other standards and codes such as NFPA 101, are not included as part of this chapter, except as provided in
sections SPS 314.01 (2) (a) 3. a. and
4.
SPS 314.10(2)
(2) Emergency plans. This is a department informational note to be used under NFPA 1 section 10.9.2.2:
Note: The Department of Health Services may have additional rules requiring nursing home operators to have emergency plans that are reviewed by fire departments or other fire and safety experts.
SPS 314.10(2m)
(2m) Open flames. Substitute the following wording for the requirements in NFPA 1 section 10.11.2: The AHJ shall have the authority to prohibit any or all open flames, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous.
SPS 314.10(2r)
(2r) Cooking equipment on balconies. Substitute the following wording for the requirements in NFPA 1 section 10.11.6.2: For other than one- and two-family dwellings, no fuel for a hibachi, grill, or other similar device used for cooking may be stored with that equipment on a balcony.
SPS 314.10(3)(a)(a) Pursuant to s.
101.02 (7e), Stats., no city, village, or town may enact or enforce an ordinance related to fire safety that prohibits the seasonal placement of a Christmas tree in a church.
SPS 314.10(3)(b)
(b) This is a department informational note to be used under NFPA 1 section 10.14:
SPS 314.10 Note
Note: Guidance on use of natural-cut Christmas trees is available at the Department's Web site at
http://dsps.wi.gov through links to the Fire Prevention program in the Division of Industry Services.
SPS 314.10(4)
(4) Outside storage. This is a department informational note to be used under NFPA 1 section 10.16:
SPS 314.10 Note
Note: See Appendix for related explanatory material.
SPS 314.10 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 09-104: renum. (2) to be (4), cr. (2), (3)
Register December 2010 No. 660, eff. 1-1-11;
CR 13-105: am. (2), cr. (2m), (2r)
Register August 2014 No. 704, eff. 9-1-14; correction in (2r) (title) made under s.
13.92 (4) (b) 2., Stats.,
Register August 2014 No. 704;
CR 16-094: renum. (3) to (3) (b), cr. (3) (a), Register April 2018 No. 748 eff. 5-1-18.
SPS 314.11(1)
(1)
Fire service elevator keys. Substitute the following informational note for the requirements in NFPA 1 sections 11.3.6.1 to 11.3.6.5.1.7:
Note: See chapter SPS 318 for requirements for fire service elevator keys.
SPS 314.11(2)
(2) Portable unvented heaters. This is a department rule in addition to the requirements in NFPA 1 section 11.5: Portable, fuel-fired, unvented heating appliances are prohibited — except during construction or demolition of a building, provided adequate ventilation is supplied.
SPS 314.11(3)
(3) Two-way radio communication enhancement systems. The requirements in NFPA 1 section 11.10 are not included as part of this chapter.
SPS 314.11 Note
Note: See chs.
SPS 361 to
366 for requirements for other heating appliances.
SPS 314.11 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 13-105: renum. section 314.11 and (title) to 314.11 (2) and (title), cr. section 314.11 (title), (1), (3)
Register August 2014 No. 704, eff. 9-1-14.
SPS 314.13(1)
(1)
Inspection, testing and maintenance of cross connection control devices. This is a department rule in addition to the requirements in NFPA 1 sections 13.3 to 13.5: All cross connection control devices installed in water-based fire protection systems shall be inspected, tested and maintained in accordance with this chapter and
ch. SPS 382.
SPS 314.13(2)
(2) Credentials for testers of fire sprinkler systems. This is a department informational note to be used under NFPA 1 section 13.3.3:
Note: Chapter SPS 305 contains credential requirements for testers of fire sprinkler systems. That chapter and this chapter do not preclude non-credentialed individuals from conducting the daily, weekly, monthly, quarterly or semiannual inspection and testing activities for automatic fire sprinkler systems required under NFPA 25 and NFPA 72.
SPS 314.13(3)
(3) This is a department informational note to be used under NFPA 1 section 13.6.9.1.2:
Note: The fire-extinguisher certification addressed in this section is not issued by the Department.
SPS 314.13(4)
(4) Substitute the following informational note for the requirements in NFPA 1 sections 13.7.1.5 and 13.7.2.9.4 to 13.7.2.9.4.4:
Note: See chapters SPS 361 to 366 for requirements relating to installation and maintenance of carbon monoxide alarms.
SPS 314.13(5)
(5) Maintenance of smoke detectors and alarms. These are department informational notes to be used under NFPA 1 section 13.7.4.6:
Note: [1] Section
101.145 (3) (b) and
(c) of the Statutes address maintenance of smoke detectors in residential buildings and read as follows: Section
101.145 (3) (b) “The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building."
(c) “The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional."
Note: [2] Under
ch. SPS 366, all smoke alarms must be replaced by the end of the service period specified by their manufacturer, and a replacement alarm that uses a battery as the primary power source must have a non-replaceable, non-removable battery which is capable of powering the alarm for at least ten years.
SPS 314.13(6)
(6) Manual wet sprinkler systems. This is a department rule in addition to the requirements in NFPA 1 section 13.8: Inspection, testing and maintenance of manual wet sprinkler systems shall comply with all of the requirements of NFPA 25, for an automatic fire sprinkler system, except that the main drain test specified in NFPA 25 is not required.
SPS 314.13 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 10-103: am. (3) (title), (intro.) and (4)
Register August 2011 No. 668, eff. 9-1-11; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 13-105: renum. (3), (4) to (5), (6), cr. (3), (4)
Register August 2014 No. 704, eff. 9-1-14.
SPS 314.15
SPS 314.15 Fire department service delivery concurrency evaluation. The requirements in NFPA 1 chapter 15 are not included as part of this chapter.
SPS 314.15 History
History: CR 13-105: cr.
Register August 2014 N0. 704, eff. 9-1-14.
SPS 314.16
SPS 314.16 Hose threads during construction. These are department informational notes to be used under NFPA 1 section 16.4.3.3.2.6:
Note: Section
213.15 of the Statutes regulates fire hose threads and fittings and reads as follows: “All fire hose fittings, apparatus fittings, 1.5 and 2.5 inches in diameter purchased or procured by a fire department or fire company shall be of the national standard hose thread as adopted by the national fire protection association. No fire department shall utilize hose and equipment not in conformance with the requirement that all threads shall be national standard hose thread as adopted by the national fire protection association. Any person offering for sale nonstandard hose couplings, fittings or apparatus fittings may be fined not less than $100 nor more than $500."
Note: NFPA 1963 contains the specifications for national standard hose thread.
SPS 314.16 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08.
SPS 314.20
SPS 314.20 Open flame devices and pyrotechnics. Substitute the following wording for the introductory paragraph in NFPA 1 section 20.1.5.3: No open flame devices or pyrotechnic devices may be used in any occupancy, unless otherwise permitted by the following:
SPS 314.27
SPS 314.27 Manufactured home and recreational vehicle sites. The requirements in NFPA 1 chapter 27 are not included as part of this chapter.
SPS 314.27 Note
Note: See subch.
XI of ch. SPS 321 and ch.
SPS 326 for requirements for manufactured home sites and communities.
SPS 314.27 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08.
SPS 314.50
SPS 314.50 Commercial cooking equipment for mobile kitchens. This is a department exception to the requirements in NFPA 1 sections 50.2.1.1 and 50.4: Neither an exhaust hood nor an automatic fire suppression system is required for a mobile kitchen where all of the following conditions are met:
SPS 314.50(1)
(1) The kitchen is less than 365 square feet in size.
SPS 314.50(2)
(2) The kitchen is used on fewer than 12 days in a calendar year, for the purpose of cooking.
SPS 314.50(3)
(3) The owner or operator of the kitchen maintains a record demonstrating compliance with
sub. (2), retains the record with the kitchen, and makes the record available to an inspector upon request.
SPS 314.50 Note
Note: A Department form that can be used in complying with the recordkeeping requirements in this section is available at the Department's Web site at
http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 314.50 History
History: CR 09-104: cr.
Register December 2010 No. 660, eff. 1-1-11.
SPS 314.53
SPS 314.53 Mechanical refrigeration. The
requirements in NFPA 1 chapter 53 are not included as part of this chapter.
SPS 314.53 Note
Note: See ch.
SPS 345 for requirements for mechanical refrigeration.
SPS 314.53 History
History: CR 09-104: cr.
Register December 2010 No. 660, eff. 1-1-11.
SPS 314.65
SPS 314.65 Explosives, fireworks and model rocketry. SPS 314.65(1)(1)
Enforcement. This is a department informational note to be used under NFPA 495 section 1.6, as referenced in NFPA 1 section 65.9.1:
Note: Any inspections by fire inspectors do not substitute for the Department's licensing and permitting of the facilities that are regulated under this section and chapter SPS 307.
SPS 314.65(2)
(2) Mixing plant operation. These are department rules in addition to the requirements in NFPA 495 chapter 5 as referenced in NFPA 1 section 65.9.1:
SPS 314.65(2)(a)
(a)
Personnel limitations. Only persons essential to the mixing and packaging operations shall be allowed in the mixing and packaging area at any one time.
SPS 314.65(2)(b)
(b)
Production limitations. No more than one day's production of blasting agent shall be permitted in the mixing and packaging area at any one time.
SPS 314.65(2)(c)
(c)
Labeling. All cartridges, bags or other containers of blasting agents shall be labeled to indicate their contents. Ammonium nitrate bags may not be re-used as containers for blasting agents unless they are clearly relabeled so that no mistake can be made regarding their contents.
SPS 314.65(3)
(3) Magazine inspection. Substitute the following wording for the requirements in NFPA 495 section 9.7.2 as referenced in NFPA 1 section 65.9.1: All magazines containing explosive materials shall be opened and inspected at maximum intervals of 7 days to determine whether there has been unauthorized or attempted entry into the magazines or whether there has been unauthorized removal of the magazines or their contents.
SPS 314.65(4)
(4) Use of explosive materials. The requirements in NFPA 495 chapters 10 and 11 as referenced in NFPA 1 section 65.9.1 are not included as part of this chapter.
SPS 314.65 Note
Note: See ch.
SPS 307 for requirements relating to the use of explosive materials.
SPS 314.65 History
History: CR 06-120: cr.
Register February 2008 No. 626, eff. 3-1-08;
CR 13-105: am. (2) (intro.), (3)
Register August 2014 No. 704, eff. 9-1-14.
