Wisconsin Legislature: subch. I of ch. SPS 330

Subchapter V — Organization

SPS 330.03 Fire department health and safety officer.

SPS 330.05 Occupational safety and health committee.

SPS 330.06 Records.

Subchapter VI — Training and Education

SPS 330.07 Training and education program.

SPS 330.08 Minimum training and education standards.

Subchapter VII — Apparatus and Equipment

SPS 330.09 Apparatus.

SPS 330.10 Portable equipment.

Subchapter VIII — Protective Clothing and Equipment

SPS 330.11 Minimum Standards.

SPS 330.12 Self-contained breathing apparatus.

SPS 330.13 Personal alert safety system.

Subchapter IX — Emergency Operations

SPS 330.14 Emergency operations.

Subchapter X — Facility Safety

SPS 330.145 Facility safety.

Subchapter XI — Medical

SPS 330.15 Physical and medical capabilities.

Subchapter XII — Member Assistance Referral Program

SPS 330.16 Member assistance referral program.

Subchapter XIII — Miscellaneous Activities

SPS 330.20 Hazardous materials.

SPS 330.21 Confined spaces.

SPS 330.22 Diving operations.

SPS 330.23 Miscellaneous hazardous situations.

Note: Chapter ILHR 30 as it existed on August 31, 1995, was repealed and a new chapter ILHR 30 was created effective September 1, 1995. Chapter ILHR 30 was renumbered Chapter Comm 30 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1999, No. 518. Chapter Comm 30 was renumbered chapter SPS 330 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.

Subchapter I — Purpose and Scope

SPS 330.001 Purpose. Pursuant to s. 101.055 (3) (a), Stats., the purpose of this chapter is to establish minimum safety and health standards for public sector fire department employers and their employees.

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: am. Register September 2018 No. 753, eff. 10-1-18.

SPS 330.002 Scope. In addition to the requirements in ch. SPS 332, this chapter contains minimum requirements for an occupational safety and health program for public sector fire department employees involved in fire department operations.

Note: Private sector fire department employers and their employees are regulated under the federal Occupational Safety and Health Administration (OSHA) regulations.

Note: Many of the requirements of this chapter are based upon the National Fire Protection Association (NFPA) 1500-Standard on Fire Department Occupational Safety and Health Program and 29 CFR 1910.156 of the OSHA regulations.

Note: Chapter SPS 332 contains additional safety and health requirements for all public employees.

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; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 330.003 Application.

(3) Conflicts. If requirements of the statutes, this chapter, or other Wisconsin administrative code chapters specify varying requirements, the requirement more protective of employee safety and health shall apply.

(4) Global deletions for the NFPA standards. Unless specified in subch. IV or specifically applied by another section in this chapter, the following requirements of the NFPA standards do not apply as rules of the department:

(a) All requirements of a secondary standard or publication that is referenced in a standard adopted in subch. IV.

(b) All requirements pertaining to emergency medical services.

(d) All requirements that mandate fire apparatus operator certification.

(e) All requirements that mandate instructor certification.

History: CR 01-044: cr. Register December 2001 No. 552, eff. 1-1-02; CR 17-067: r. (1), (2), am. (3), cr. (4) Register September 2018 No. 753, eff. 10-1-18.

Subchapter II — Definitions

SPS 330.01 Definitions. In this chapter:

(1) “Aerial device” means any extendable or articulating device that is designed to position fire fighters and handle fire fighting equipment.

(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.