Wisconsin Legislature: SPS 330.01(21g)

(1m) “Ambulance service provider” has the meaning given under s. 256.01 (3), Stats.

(2) “Approved” means acceptable to the department.

(3) “Authority having jurisdiction” means the department.

(4) “Basic life support” has the meaning given under s. 256.15 (1) (d), Stats.

(5) “Department” means the department of safety and professional services.

(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.

(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.

(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.

(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.

(8) “Fire chief” means the highest ranking officer in charge of a fire department.

(9) “Fire department” means any public organization engaged in fire fighting.

(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.

(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.

(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.

(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.

Note: See also qualitative fit test (QLFT) and quantitative fit test (QNFT).

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(20) “Occupational injury” means an injury sustained during the performance of the duties, responsibilities, and functions of a fire department member.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(26) “Structural fire fighting” means fire fighting that involves buildings, enclosed structures, enclosed vehicles, or enclosed vessels.

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.

Subchapter III — Administration and Enforcement

SPS 330.011 Inspections.

(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:

(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.

(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.

(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.

(3) Requests for inspections.

(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.

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.

(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.

(4) Orders. Pursuant to s. 101.055 (6), Stats., the department shall issue orders for violation of this chapter.

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 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.

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 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.

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 Notices. Every employer shall post a notice which summarizes the employee’s protections and rights as granted under s. 101.055, Stats.

History: Cr. Register, August, 1995, No. 476, eff. 9-1-95.

SPS 330.015 Penalties. Penalties for violations of this chapter may be assessed as specified in s. 101.02, Stats.

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.

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.

History: Cr. Register, August, 1995, No. 476, eff. 9-1-95.

Subchapter IV — Adopted Standards

SPS 330.02 Incorporation of standards by reference. The following standards are incorporated by reference into this chapter:

(1) NFPA 1001-2013, Standard for Fire Fighter Professional Qualifications.

(2) NFPA 1002-2017, Standard for Fire Apparatus Driver/Operator Professional Qualifications.

(3) NFPA 1021-2014, Standard for Fire Officer Professional Qualifications, subject to the modifications specified in this chapter.

(4) NFPA 1403-2018, Standard on Live Fire Training Evolutions.

(5) NFPA 1901-2016, Standard for Automotive Fire Apparatus.

(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.

(7) NFPA 1971-2018, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting.

(8) NFPA 1981-2013, Standard on Open-Circuit Self-Contained Breathing Apparatus for Emergency Services.

(9) NFPA 1982-2013, Standard on Personal Alert Safety Systems (PASS).

(10) NFPA 1983-2017, Standard on Life Safety Rope and Equipment for Emergency Services, subject to the modifications specified in this chapter.

(11) CGA Standard G-7.1, 2011, Commodity Specification for Air.

Note: Copies of the standards are on file in the offices of the department and the legislative reference bureau.

Note: NFPA standards may be viewed online at NFPA.org or purchased from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.

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.

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.

Subchapter V — Organization

SPS 330.03 Fire department health and safety officer.

(1) Assignment.

(a) Each fire department shall have a health and safety officer.

(b) The health and safety officer shall assist the fire chief in his or her responsibility for the safety and health of the fire fighter.

(d) The health and safety officer position may be filled by a single individual or by several individuals as determined by need and at the discretion of the fire chief. When several individuals are assigned to the position, at least one should be a member of the occupational safety and health committee. The health and safety officer position may be staffed by an existing fire department member who performs other duties in addition to those set forth in this section.

Note: The health and safety officer is distinct from the incident safety officer and may be the incident safety officer or can be a separate function.

(2) Qualifications. The health and safety officer’s qualifications shall include all of the following:

(a) Fire department membership.

(b) Knowledge of state and local laws regulating fire fighter safety and health.