STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE 15-086)
ORDER
An order of the department to create SPS Table 305.02, line 37m. and SPS Table 305.06, line 32m. and SPS 305.627, relating to certification to inspect fire detection, prevention, and suppression devices.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 227.11 (2) (a), Stats. authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute. Section 101.12 (4), Stats. requires the department to certify persons to inspect public buildings and buildings that are places of employment. Section 101.14 (4r) requires the department to certify inspectors of fire detection, prevention, and suppression devices. Related statute or rule:
N/A
Plain language analysis:
In addition to reviewing new construction of public buildings, the Wisconsin Department of Safety and Professional Services (DSPS) also reviews building projects that involve alterations of, and additions to, existing public buildings. Inspections of construction, alteration and addition projects for public buildings, other than inspections of the installation of fire safety devices, must be performed by inspectors who are certified under rules promulgated by DSPS (e.g., installation of electrical, plumbing, boilers, elevators, etc.). Under prior law, the installation of fire detection, prevention and suppression devices (e.g., manual fire alarm systems, smoke and heat detection devices, fire extinguishing systems, standpipes, automatic fire suppression systems, automatic fire sprinkler systems, etc.) were subject to inspection by commercial building inspectors certified by the department.
2013 Wisconsin Act 270 requires DSPS to promulgate rules that establish procedures and requirements for issuing a new certification to individuals who will perform inspections of fire detection, prevention and suppression devices, which are installed during the construction, alteration of, or addition to, public buildings and places of employment. Thus, in addition to commercial building inspectors certified by the department, the proposed rule will allow the performance of inspections of fire detection, prevention and suppression devices by persons who hold a valid certification from the National Fire Protection Association (NFPA) as a Fire Inspector I, or in the alternative, hold a valid equivalent certification as determined by DSPS.
Summary of, and comparison with, existing or proposed federal regulation:
According to Section 101.14(4)(g)2., Stats., “’fire detection, prevention and suppression devices’ include but are not limited to manual fire alarm systems, smoke and heat detection devices, fire extinguishers, standpipes, automatic fire suppression systems and automatic fire sprinkler systems.” There are several federal regulations relating to such “fire detection, prevention and suppression devices,” but none specifically require that a certified fire inspector perform an inspection of the installation of such devices. These federal regulations include:
