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. SPS 314.03(1)
(1) These are department definitions for this chapter in addition to the definitions in NFPA 1 chapter 3:
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.
