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SPS 330.011(4) (4)Orders. Pursuant to s. 101.055 (6), Stats., the department shall issue orders for violation of this chapter.
SPS 330.011 History 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 SPS 330.012Posting 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.
SPS 330.012 History 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 SPS 330.013Variances. 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.
SPS 330.013 History 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 SPS 330.014Notices. Every employer shall post a notice which summarizes the employee's protections and rights as granted under s. 101.055, Stats.
SPS 330.014 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95.
SPS 330.015 SPS 330.015Penalties. Penalties for violations of this chapter may be assessed as specified in s. 101.02, Stats.
SPS 330.015 Note 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.
SPS 330.015 Note 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.
SPS 330.015 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95.
subch. IV of ch. SPS 330 Subchapter IV — Adopted Standards
SPS 330.02 SPS 330.02Incorporation of standards by reference. The following standards are incorporated by reference into this chapter:
SPS 330.02(1) (1) NFPA 1001-2013, Standard for Fire Fighter Professional Qualifications.
SPS 330.02(2) (2) NFPA 1002-2017, Standard for Fire Apparatus Driver/Operator Professional Qualifications.
SPS 330.02(3) (3)NFPA 1021-2014, Standard for Fire Officer Professional Qualifications, subject to the modifications specified in this chapter.
SPS 330.02(4) (4)NFPA 1403-2018, Standard on Live Fire Training Evolutions.
SPS 330.02(5) (5)NFPA 1901-2016, Standard for Automotive Fire Apparatus.
SPS 330.02(6) (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.
SPS 330.02(7) (7) NFPA 1971-2018, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting.
SPS 330.02(8) (8)NFPA 1981-2013, Standard on Open-Circuit Self-Contained Breathing Apparatus for Emergency Services.
SPS 330.02(9) (9)NFPA 1982-2013, Standard on Personal Alert Safety Systems (PASS).
SPS 330.02(10) (10)NFPA 1983-2017, Standard on Life Safety Rope and Equipment for Emergency Services, subject to the modifications specified in this chapter.
SPS 330.02(11) (11) CGA Standard G-7.1, 2011, Commodity Specification for Air.
SPS 330.02 Note Note: Copies of the standards are on file in the offices of the department and the legislative reference bureau.
SPS 330.02 Note Note: NFPA standards may be viewed online at NFPA.org or purchased from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.
SPS 330.02 Note 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.
SPS 330.02 History 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.
subch. V of ch. SPS 330 Subchapter V — Organization
SPS 330.03 SPS 330.03Fire department health and safety officer.
SPS 330.03(1)(1)Assignment.
SPS 330.03(1)(a)(a) Each fire department shall have a health and safety officer.
SPS 330.03(1)(b) (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.
SPS 330.03(1)(c) (c) The health and safety officer shall report directly to the fire chief.
SPS 330.03(1)(d) (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.
SPS 330.03 Note 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.
SPS 330.03(2) (2)Qualifications. The health and safety officer's qualifications shall include all of the following:
SPS 330.03(2)(a) (a) Fire department membership.
SPS 330.03(2)(b) (b) Knowledge of state and local laws regulating fire fighter safety and health.
SPS 330.03(2)(c) (c) Knowledge of the potential safety and health hazards involved in fire fighting.
SPS 330.03(2)(d) (d) Knowledge of the principles and techniques of managing a safety and health program.
SPS 330.03(3) (3)Authority and responsibility. The health and safety officer's authority and responsibility shall include all of the following:
SPS 330.03(3)(a) (a) The authority and responsibility to identify and recommend corrections of violations of safety and health standards.
SPS 330.03(3)(b) (b) The authority and responsibility to recommend immediate correction of situations that create an imminent hazard to personnel.
SPS 330.03(3)(c) (c) The authority and responsibility to alter, suspend, or terminate activities at the emergency scene when those activities are determined by the health and safety officer to be unsafe or an imminent hazard.
SPS 330.03(4) (4)Functions. The health and safety officer shall do all of the following:
SPS 330.03(4)(a) (a) Be a member of the safety and health committee and maintain a liaison with staff officers, fire fighters, equipment manufacturers, regulatory agencies, safety specialists, and the fire department physician.
SPS 330.03(4)(b) (b) Develop and revise rules, regulations, and standard operating guidelines pertaining to safety and health, and report to the fire chief on the adequacy and effectiveness of the rules and regulations. The fire chief shall define the role of the health and safety officer in the enforcement of the rules and regulations.
SPS 330.03(4)(c) (c) Identify and mitigate safety and health hazards and be involved in critiques.
SPS 330.03(4)(d) (d) Ensure that training in safety procedures is provided to all fire fighters. Training shall address corrective actions recommended by accident investigations.
SPS 330.03 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 01-044: am. (1) (b), Register December 2001 No. 552, eff. 1-1-02; CR17-067: am. (title), (1) (a) to (c), cr. (1) (d), am. (2), (3), (4) (intro.), (a) to (c) Register September 2018 No. 753, eff. 10-1-18; correction in (1) (d) made under s. 35.17, Stats., Register September 2018 No. 753.
SPS 330.05 SPS 330.05Occupational safety and health committee.
SPS 330.05(1)(1)Every fire department shall establish an occupational safety and health committee, which shall advise the fire chief on issues related to the program. The committee shall include representatives of fire department management and fire fighters or representatives of fire fighter organizations or other persons. Any representatives of a fire service organization shall be selected by the fire fighter organization. The fire chief shall appoint the other members of the committee.
SPS 330.05(2) (2)The committee appointed under sub. (1) shall do all of the following:
SPS 330.05(2)(a) (a) Conduct research, develop recommendations, and review matters pertaining to the program.
SPS 330.05(2)(b) (b) Hold regularly scheduled meetings, which shall occur at least biannually, and may hold special meetings as deemed necessary. The committee shall make a written record of its meetings available to all fire department members.
SPS 330.05 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 17-067: am. Register September 2018 No. 753, eff. 10-1-18.
SPS 330.06 SPS 330.06Records. Every fire department shall do all of the following:
SPS 330.06(1) (1)Establish a data collection system and maintain permanent records of all reported accidents, injuries, illnesses, and deaths that are or may be job related. The system shall include individual records of any occupational exposure to known or suspected toxic products or contagious diseases.
SPS 330.06(2) (2) Maintain a training record for each fire fighter indicating dates, subjects covered, and certifications achieved.
SPS 330.06 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; CR 17-067: am. Register September 2018 No. 753, eff. 10-1-18.
subch. VI of ch. SPS 330 Subchapter VI — Training and Education
SPS 330.07 SPS 330.07Training and education program. Every fire department shall do all of the following:
SPS 330.07(1) (1) Establish and maintain a member training and education program that identifies specific goals and objectives for the prevention and elimination of occupational accidents, injuries, illnesses, exposures to communicable disease, and fatalities.
SPS 330.07(2) (2) Assure that the training and education provided under this section are based upon the fire department's written standard operation guidelines.
SPS 330.07(3) (3) Assure that the training and education required under this section and s. SPS 330.08 are provided by a qualified instructor.
SPS 330.07 Note Note: The intent of this rule is not to require an instructor to be certified. Fire departments should ensure that instructors are qualified in that particular area of expertise familiar with the fire department, its organization, and its operations.
SPS 330.07(4) (4) Provide training and education commensurate with the duties and functions the member is expected to perform.
SPS 330.07(5) (5) Assure that a member obtains the minimum fire fighter training and education requirements before that member performs any interior structural fire fighting activity or within an IDLH environment as determined by the incident safety officer in accordance with s. SPS 330.14 (1) (g).
SPS 330.07 Note Note: The use of a structured on-the-job training program with close supervision can assist fire departments to utilize new members in non-IDLH environments during emergency operations.
SPS 330.07(6) (6) Provide training and education to fire fighters about special hazards to which they may be exposed during a fire and other emergencies and advise of any changes that occur in relation to the special hazards. The procedures to address special hazards shall be maintained in written form. Training and education under this subsection shall be provided at least biannually.
SPS 330.07(7) (7) Assure that the training and education are conducted frequently enough to ensure that each fire fighter is able to perform the assigned duties and functions satisfactorily and in a safe manner so as not to endanger other fire department members or employees.
SPS 330.07(8) (8) Assure that fire fighters whose duties include interior structural fire fighting receive training and education consistent with established fire ground operating procedures. Training and education under this subsection shall be provided at least monthly.
SPS 330.07(9) (9) Assure that training and education involving live fire fighting exercises meet the standards specified in NFPA 1403.
SPS 330.07(10) (10) Assure that a training and education program for any fire fighter engaged in fire ground operations includes procedures to perform a safe exit from a dangerous area in the event of equipment failure or sudden change in fire conditions.
SPS 330.07(11) (11) Assure that fire fighters receive training and education on the incident management system in accordance with s. SPS 330.14 (1) (c).
SPS 330.07 History History: Cr. Register, August, 1995, No. 476, eff. 9-1-95; correction in (1) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 17-067: r. and recr. Register September 2018 No. 753, eff. 10-1-18.
SPS 330.08 SPS 330.08Minimum training and education standards.
SPS 330.08(1)(1)No member may be permitted to participate in fire fighting activities until that individual has completed the minimum training and education requirements as specified by any of the following:
SPS 330.08(1)(a) (a) An entry-level fire fighter course approved by the technical college system board.
SPS 330.08(1)(bm) (bm) An approved state apprenticeship program.
SPS 330.08(1)(cm) (cm) An in-house training program approved by the technical college system board.
SPS 330.08(1)(d) (d) NFPA 1001: Standard for Fire Fighter Professional Qualifications.
SPS 330.08(2) (2)No member may act as a pumper or aerial operator during an emergency operation until that individual meets the minimum training and education requirements as specified by any of the following:
SPS 330.08(2)(a) (a) An entry-level driver/operator-pumper or driver/operator-aerial course approved by the technical college system board.
SPS 330.08(2)(bm) (bm) An approved state apprenticeship program.
SPS 330.08(2)(c) (c) An in-house training program approved by the technical college system board.
SPS 330.08(2)(d) (d) NFPA 1002: Standard for Fire Apparatus Driver/Operator Professional Qualifications.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.