2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.14 - Fire inspections, prevention, detection and suppression.

101.14
Fire inspections, prevention, detection and suppression.
(1)
(a)
The department may make reasonable orders for the repair or removal of any building or other structure which for want of repair or by reason of age or dilapidated condition or for any other cause is especially liable to fire, and which is so situated as to endanger other buildings or property and for the repair or removal of any combustible or explosive material or inflammable conditions, dangerous to the safety of any building or premises or the occupants thereof or endangering or hindering fire fighters in case of fire.
(am)
Notwithstanding par. (a), the department may not require the owner or operator of a mobile kitchen to install or maintain an automatic fire suppression system or an exhaust hood in, or as part of, the mobile kitchen if all of the following apply:
1.
The mobile kitchen is less than 365 square feet in size.
2.
The mobile kitchen is used on fewer than 12 days a year for the purpose of cooking.
(b)
The secretary and any deputy may at all reasonable hours enter into and upon all buildings, premises and public thoroughfares excepting only the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to the fire hazard or to the prevention of fire.
(bm)
The secretary and any deputy may, at all reasonable hours, enter the interior of private dwellings at the request of the owner or renter for the purpose of s. 101.145 (6) or 101.645 (4).
(c)
The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the state superintendent of public instruction.
(2)
(a)
The chief of the fire department in every city, village or town, except cities of the 1st class, is constituted a deputy of the department, subject to the right of the department to relieve any such chief from duties as such deputy for cause, and upon such suspension to appoint some other person to perform the duty imposed upon such deputy. The department may appoint either the chief of the fire department or the building inspector as its deputy in cities of the 1st class.
(b)
The chief of every fire department shall provide for the inspection of every public building and place of employment to determine and cause to be eliminated any fire hazard or any violation of any law relating to fire hazards or to the prevention of fires. For purposes of this paragraph, the seasonal placement of a Christmas tree in the rotunda of the state capitol building or in a church is presumed not to be a fire hazard.
(c)
1.
Except as provided under subd. 2., the chief of every fire department shall provide that the inspections required under par. (b) be made at least once in each nonoverlapping 6-month period per calendar year in all of the territory served by his or her fire department. The chief of a fire department may require more frequent inspections than required under this subdivision. The department by rule shall provide for general exceptions, based on the type of occupancy or use of the premises, where less frequent inspections are required. Upon written request by the chief of a fire department, the department by special order may grant an exception to a city, village or town to conduct less frequent inspections than required under this subdivision.
2.
In 1st class cities, the fire chief may establish the schedule of fire inspections in that city. The fire chief shall base the frequency of the inspections on hazardous classification, the proportion of public area, the record of fire code violations, the ratio of occupancy to size and any other factor the chief deems significant. Property other than residential property with 4 dwelling units or less shall be inspected at least once annually.
(cm)
In addition to the requirements of pars. (b) and (c), a fire department shall provide public fire education services.
(d)
The chief of every fire department, or, in 1st class cities, the building inspector appointed by the department under par. (a), shall designate a sufficient number of inspectors to make the inspections required under pars. (b) and (c).
(e)
Written reports of inspection shall be made and kept on file by the authority having jurisdiction to conduct inspections, or its designee, in the manner and form required by the department.
(f)
Every inspection required under pars. (b) and (c) is subject to the supervision and direction of the department, which shall, after audit, certify to the commissioner of insurance after the expiration of each calendar year each city, village or town where the inspections for the year have been made, and where records have been made and kept on file as required under par. (e).
(3)
The department shall annually conduct training sessions and provide manuals and other materials and services to assist deputies and inspectors in the fulfillment of their duties under sub. (2).
(4)
(a)
The department shall make rules, pursuant to ch. 227, requiring owners of places of employment and public buildings to install such fire detection, prevention or suppression devices as will protect the health, welfare and safety of all employers, employees and frequenters of places of employment and public buildings.
(b)
1m.
In this paragraph, “private student residential building" means a privately owned and operated residential building that has a capacity of at least 100 occupants, that is occupied by persons at least 80 percent of whom are enrolled in an institution of higher education, and that has attributes usually associated with a student residence hall or dormitory such as a food service plan or occupancy by a resident advisor.
1r.
Except as provided in subds. 2. and 3., the rules of the department shall require all such places and buildings over 60 feet in height, the construction of which is begun after July 3, 1974, to contain an automatic fire sprinkler system on each floor.
2.
a.
Subdivision 1r. does not apply to any open parking structure, as defined by the department.
b.
If the department determines that water would cause irreparable damage and undue economic loss if discharged in such places or buildings, it shall require a suppression device which has a substance other than water.
c.
Except as provided in subd. 3., subd. 1r. does not apply to any building over 60 feet in height the construction of which is completed or is begun prior to July 3, 1974.
3.
The rules of the department shall require all of the following:
a.
Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin System to contain an automatic fire sprinkler system on each floor by January 1, 2006.
b.
Every residence hall and dormitory, the initial construction of which is begun on or after April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin System to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.
c.
Every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System, to contain an automatic fire sprinkler system on each floor by January 1, 2014.
d.
Every residence hall and dormitory, the initial construction of which is begun on or after January 7, 2006, that is owned or operated by an institution of higher education, other than a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System, to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.
e.
Every student residential facility operated by a fraternity, sorority, or other organization authorized or sponsored by an institution of higher education, the initial construction of which was begun before January 7, 2006, and every private student residential building over 60 feet in height, the initial construction of which was begun before January 7, 2006, to contain an automatic fire sprinkler system on each floor by January 1, 2014.
f.
Every student residential facility operated by a fraternity, sorority, or other organization authorized or sponsored by an institution of higher education, the initial construction of which is begun on or after January 7, 2006, and every private student residential building, the initial construction of which is begun on or after January 7, 2006, to have an automatic fire sprinkler system installed on each floor at the time the facility is constructed.
(c)
The rules of the department governing such places and buildings under 60 feet in height shall be based upon but may vary from those provisions in the International Code Council, Inc., building code which relate to fire detection, prevention and suppression in public buildings and places of employment.
(d)
To the extent that the historic building code applies to the subject matter of this subsection, each qualified historic building, as defined under s. 101.121 (2) (c), is exempt from this subsection if the owner elects to be subject to s. 101.121.
(de)
1.
Notwithstanding par. (a) and sub. (1) (a) and s. 101.02 (15) (j), the department may not require, and notwithstanding s. 101.02 (7) (a) and (7r), no city, village, or town may enact or enforce an ordinance that requires, a county or organized agricultural society, association, or board to install or maintain an automatic fire suppression system in, or as part of, a building on fairgrounds if all of the following are satisfied:
a.
The building is open to the public only for seasonal or temporary event use for 180 cumulative days or fewer per year.
b.
Public access to the building is provided by garage style doors that remain open when the building is open to the public.
2.
Notwithstanding s. 101.02 (7) (a) and (7r), if a city, village, or town has in effect on March 3, 2016, an ordinance with a requirement that is inconsistent with subd. 1., the requirement does not apply and may not be enforced.
(dm)
Each building required by rule under this subsection to contain fire detection, prevention and suppression devices shall have the necessary devices installed at the time of its construction.
(e)
Whoever violates this subsection may be fined not less than $100 but not more than $500 for each day of violation.
(f)
The department may inspect all buildings covered by this subsection and may issue such orders as may be necessary to assure compliance with it.
(g)
As used in this subsection:
1.
“Automatic fire sprinkler system" has the meaning provided in s. 145.01 (2).
2.
“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.
(4m)
(a)
In this subsection:
1.
“Automatic fire sprinkler system" has the meaning given in s. 145.01 (2).
2.
“Dwelling unit" has the meaning given in s. 101.61 (1).
4.
“Nondwelling unit portions" means the common use areas of a multifamily dwelling, including corridors, stairways, basements, cellars, vestibules, atriums, community rooms, laundry rooms or swimming pool rooms.
5.
“Political subdivision" means a county, city, village or town.
5m.
“Two-hour fire resistance" means 2-hour fire separations for all walls that separate dwelling units, exit corridors and exit stair enclosures and for all floors and ceilings, so that the specified walls, floors and ceilings are capable of resisting fire for a period not shorter than 2 hours.
(am)
A political subdivision may enact ordinances, as provided in this paragraph, that require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling. Any ordinance enacted under this paragraph shall meet the standards established under pars. (b) and (c) or under pars. (d) and (e).
(b)
The department shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that contains any of the following:
1.
Total floor area, for all individual dwelling units, exceeding 16,000 square feet.
2.
More than 20 dwelling units.
3.
Total floor area of its nondwelling unit portions exceeding the limits established in par. (c).
(c)
An automatic fire sprinkler system or 2-hour fire resistance is required under par. (b) in a multifamily dwelling constructed by any of the following types of construction if the total floor area of the nondwelling unit portions in the multifamily dwelling exceeds the following:
1.
Type 1 fire resistive construction, 16,000 square feet.
2.
Type 2 fire resistive construction, 12,000 square feet.
3.
Type 3 metal frame protected construction, 8,000 square feet.
4.
Type 4 heavy timber construction, 5,600 square feet.
5.
Type 5A exterior masonry protected, 5,600 square feet.
6.
Type 5B exterior masonry unprotected, 5,600 square feet.
7.
Type 6 metal frame unprotected, 5,600 square feet.
8.
Type 7 wood frame protected construction, 5,600 square feet.
9.
Type 8 wood frame unprotected construction, 4,800 square feet.
(d)
A political subdivision's ordinances, enacted to meet the requirements of this paragraph and par. (e), shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that contains any of the following:
1.
Total floor area, for all individual dwelling units, exceeding 8,000 square feet.
2.
More than 8 dwelling units.
3.
Total floor area of its nondwelling unit portions exceeding the limits established in par. (e).
(e)
A political subdivision's ordinances, enacted to meet the standards established in par. (d) and this paragraph, shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that is constructed by any of the following types of construction if the total floor area of the nondwelling unit portions in the multifamily dwelling exceeds the following:
1.
Type 1 fire resistive construction, 12,000 square feet.
2.
Type 2 fire resistive construction, 10,000 square feet.
3.
Type 3 metal frame protected construction, 8,000 square feet.
4.
Type 4 heavy timber construction, 5,600 square feet.
5.
Type 5A exterior masonry protected, 5,600 square feet.
6.
Type 5B exterior masonry unprotected, 5,600 square feet.
7.
Type 6 metal frame unprotected, 5,600 square feet.
8.
Type 7 wood frame protected construction, 5,600 square feet.
9.
Type 8 wood frame unprotected construction, 4,800 square feet.
(4r)
(a)
In this subsection, “fire detection, prevention, and suppression devices" has the meaning given in sub. (4) (g) 2.
(b)
A person may perform inspections of fire detection, prevention, and suppression devices being installed during the construction or alteration of, or the addition to, public buildings and places of employment only if he or she has received certification as an inspector from the department.
(c)
1.
The department shall promulgate rules establishing procedures and requirements for issuing certifications for purposes of par. (b). The department shall include in the rules a requirement that the person hold a valid certification from the national fire protection association qualifying him or her as a certified fire inspector I or that he or she hold a valid equivalent certification.
2.
The department shall determine which certifications issued by other entities will qualify as valid equivalent certifications. Notwithstanding s. 227.10 (1), determinations under this subdivision shall not be promulgated as rules.
(d)
The department shall provide assistance to any nationwide or statewide organization that represents fire chiefs and that is engaged in providing training and certification opportunities for persons seeking to receive certification by the department under this subsection.
History:  1971 c. 185 s. 1; 1971 c. 228; Stats. 1971 s. 101.14; 1973 c. 324, 326, 336; 1975 c. 39, 94; 1977 c. 29, 413; 1979 c. 221; 1981 c. 320, 341; 1983 a. 36; 1983 a. 189 s. 329 (8); 1983 a. 295, 410; 1985 a. 29; 1985 a. 135 s. 83 (3); 1987 a. 288, 321, 399; 1989 a. 31, 109, 359; 1991 a. 187, 269; 1993 a. 261; 1995 a. 27; 1997 a. 27; 1999 a. 9, 43, 186; 2003 a. 269; 2005 a. 78, 220; 2007 a. 148, 149, 173; 2011 a. 257; 2013 a. 20, 270; 2015 a. 240, 333; 2017 a. 331.
Cross-reference:  See s. 66.0119 for provision authorizing special inspection warrants.
Inspection of buildings for safety and fire prevention purposes under this section does not involve a quasi-judicial function within the meaning of s. 895.43 (3) [now s. 893.80 (4)]. Coffey v. City of Milwaukee, 74 Wis. 2d 526, 247 N.W.2d 132 (1976).
Sub. (4m) (b) limits the authority of the Department of Commerce [now the Department of Safety and Professional Services] under sub. (4) (a) and s. 101.02 (15) only insofar as it mandates the department to require sprinkler systems in multifamily dwellings that exceed twenty units or the specified floor area. Sub. (4m) (b) plainly does not restrict the authority of the department under other statutory provisions to promulgate rules requiring fire protection devices in multifamily dwellings that have fewer dwelling units or a smaller floor area than that specified in the statute. Wisconsin Builders Ass'n v. Department of Commerce, 2009 WI App 20, 316 Wis. 2d 301, 762 N.W.2d 845, 08-1438.