Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 301-319 - General, Part I › Chapter SPS 314 - Fire Prevention › Appendix - APPENDIX

Current through June 24, 2024
The material contained in this appendix is for
					 clarification purposes only and is numbered to correspond to the number of the
					 rule as the rule appears in the text of this chapter.
A-314.01 (1)
Statutory definitions of terms
					 used in this chapter. (a)
Public buildings and places of
					 employment.
Section
					 101.01(11),
					 Stats., reads:
(11)
"Place of employment" includes every
					 place, whether indoors or out or underground and the premises appurtenant
					 thereto where either temporarily or permanently any industry, trade, or
					 business is carried on, or where any process or operation, directly or
					 indirectly related to any industry, trade, or business, is carried on, and
					 where any person is, directly or indirectly, employed by another for direct or
					 indirect gain or profit, but does not include any place where persons are
					 employed in private domestic service which does not involve the use of
					 mechanical power or in farming. "Farming" includes those activities specified
					 in s.
					 102.04(3),
					 and also includes the transportation of farm products, supplies, or equipment
					 directly to the farm by the operator of the farm or employees for use thereon,
					 if such activities are directly or indirectly for the purpose of producing
					 commodities for market, or as an accessory to such production. When used with
					 relation to building codes, "place of employment" does not include any of the
					 following:
(a) An adult family home, as defined in s.
					 50.01(1).
(b) Except for the purposes of s.
					 101.11,
					 a previously constructed building used as a community-based residential
					 facility, as defined in s.
					 50.01(1g),
					 which serves 20 or fewer residents who are not related to the operator or
					 administrator.
(c) A home-based business, as defined by the department by
					 rule.
Section
					 101.01(12),
					 Stats., reads:
(12)
"Public building" means any structure,
					 including exterior parts of such building, such as a porch, exterior platform,
					 or steps providing means of ingress or egress, used in whole or in part as a
					 place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the
					 public or by 3 or more tenants. When used in relation to building codes,
					 "public building" does not include any of the following:
(a) A previously constructed building used as a
					 community-based residential facility as defined in s.
					 50.01(1g)
					 which serves 20 or fewer residents who are not related to the operator or
					 administrator.
(b) An adult family home, as defined in s.
					 50.01(1).
(c) A home-based business, as defined by the department by
					 rule.
(b)
Exclusions referenced in ss.
					 101.01(11) and
					 (12), Stats., and exemptions in s.
					 101.05,
					 Stats.
Section
					 102.04(3),
					 Stats., as referenced in s.
					 101.01(11),
					 Stats., reads:
(3)
As used in this chapter "farming" means
					 the operation of farm premises owned or rented by the operator. "Farm premises"
					 means areas used for operations herein set forth, but does not include other
					 areas, greenhouses or other similar structures unless used principally for the
					 production of food and farm plants. "Farmer" means any person engaged in
					 farming as defined. Operation of farm premises shall be deemed to be the
					 planting and cultivating of the soil thereof; the raising and harvesting of
					 agricultural, horticultural or arboricultural crops thereon; the raising,
					 breeding, tending, training and management of livestock, bees, poultry,
					 fur-bearing animals, wildlife or aquatic life, or their products, thereon; the
					 processing, drying, packing, packaging, freezing, grading, storing, delivering
					 to storage, to market or to a carrier for transportation to market,
					 distributing directly to consumers or marketing any of the above-named
					 commodities, substantially all of which have been planted or produced thereon;
					 the clearing of such premises and the salvaging of timber and management and
					 use of wood lots thereon, but not including logging, lumbering or wood cutting
					 operations unless conducted as an accessory to other farming operations; the
					 managing, conserving, improving and maintaining of such premises or the tools,
					 equipment and improvements thereon and the exchange of labor, services or the
					 exchange of use of equipment with other farmers in pursuing such activities.
					 The operation for not to exceed 30 days during any calendar year, by any person
					 deriving the person's principal income from farming, of farm machinery in
					 performing farming services for other farmers for a consideration other than
					 exchange of labor shall be deemed farming. Operation of such premises shall be
					 deemed to include also any other activities commonly considered to be farming
					 whether conducted on or off such premises by the farm operator.
Section
					 50.01(1),
					 Stats., as referenced in s.
					 101.01(12),
					 Stats., reads:
(1)
"Adult family home" means one of the
					 following and does not include a place that is specified in sub. (1g) (a) to
					 (d), (f), or (g):
(a) A private residence to which all of the following
					 apply:
1. Care and maintenance above the level of room and board
					 but not including nursing care are provided in the private residence by the
					 care provider whose primary domicile is this residence for 3 or 4 adults, or
					 more adults if all of the adults are siblings, each of whom has a developmental
					 disability, as defined in s.
					 51.01(5),
					 or, if the residence is licensed as a foster home, care and maintenance are
					 provided to children, the combined total of adults and children so served being
					 no more than 4, or more adults or children if all of the adults or all of the
					 children are siblings.
2. The private residence was licensed under s.
					 48.62
					 as a home for the care of the adults specified in subd. 1. at least 12 months
					 before any of the adults attained 18 years of age.
(b) A place where 3 or 4 adults who are not related to the
					 operator reside and receive care, treatment or services that are above the
					 level of room and board and that may include up to 7 hours per week of nursing
					 care per resident.
Section
					 50.01(1g),
					 Stats., as referenced in s.
					 101.01(12),
					 Stats., reads:
(1g)
"Community-based residential facility"
					 means a place where 5 or more adults who are not related to the operator or
					 administrator and who do not require care above intermediate level nursing care
					 reside and receive care, treatment or services that are above the level of room
					 and board but that include no more than 3 hours of nursing care per week per
					 resident. "Community-based residential facility" does not include any of the
					 following:
(a) A convent or facility owned or operated by members of a
					 religious order exclusively for the reception and care or treatment of members
					 of that order.
(b) A facility or private home that provides care,
					 treatment, and services only for victims of domestic abuse, as defined in s.
					 49.165(1)
					 (a), and their children.
(c) A shelter facility as defined under s.
					 16.308(1)
					 (d).
(d) A place that provides lodging for individuals and in
					 which all of the following conditions are met:
1. Each lodged individual is able to exit the place under
					 emergency conditions without the assistance of another individual.
2. No lodged individual receives from the owner, manager or
					 operator of the place or the owner's, manager's or operator's agent or employee
					 any of the following:
a. Personal care, supervision or treatment, or management,
					 control or supervision of prescription medications.
b. Care or services other than board, information,
					 referral, advocacy or job guidance; location and coordination of social
					 services by an agency that is not affiliated with the owner, manager or
					 operator, for which arrangements were made for an individual before he or she
					 lodged in the place; or, in the case of an emergency, arrangement for the
					 provision of health care or social services by an agency that is not affiliated
					 with the owner, manager or operator.
(e) An adult family home.
(f) A residential care apartment complex.
(g) A residential facility in the village of Union Grove
					 that was authorized to operate without a license under a final judgment entered
					 by a court before January 1, 1982, and that continues to comply with the
					 judgment notwithstanding the expiration of the judgment.
(h) A private residence that is the home to adults who
					 independently arrange for and receive care, treatment, or services for
					 themselves from a person or agency that has no authority to exercise direction
					 or control over the residence.
Section
					 101.05,
					 Stats., reads:
101.05 Exempt buildings and projects. (1)
No
					 building code adopted by the department under this chapter shall affect
					 buildings located on research or laboratory farms of public universities or
					 other state institutions and used primarily for housing livestock or other
					 agricultural purposes.
(2)
A bed and breakfast establishment, as
					 defined under s.
					 97.01(1g),
					 is not subject to building codes adopted by the department under this
					 subchapter.
(3)
No standard, rule, code or regulation of
					 the department under this subchapter applies to construction undertaken by the
					 state for the purpose of renovation of the state capitol building.
(4)
No standard, rule, order, code or
					 regulation adopted, promulgated, enforced or administered by the department
					 under this chapter applies to a rural school building if all of the following
					 are satisfied:
(a) The school building consists of one classroom.
(b) The school building is used as a school that is
					 operated by and for members of a bona fide religious denomination in accordance
					 with the teachings and beliefs of the denomination.
(c) The teachings and beliefs of the bona fide religious
					 denomination that operates the school prohibit the use of certain products,
					 devices or designs that are necessary to comply with a standard, rule, order,
					 code or regulation adopted, promulgated, enforced or administered by the
					 department under this chapter.
Section
					 97.01(1g),
					 Stats., as referenced in s.
					 101.05,
					 Stats., reads:
97.01 (1g)
Provides 8 or fewer rooms for rent
					 to no more than a total of 20 tourists or transients.
(b) Provides no meals other than breakfast and provides the
					 breakfast only to renters of the place.
(c) Is the owner's personal residence.
(d) Is occupied by the owner at the time of rental.
(e) Was originally built and occupied as a single-family
					 residence, or, prior to use as a place of lodging,
A-314.01 (1)
(g) The following tanks,
					 containers, tank systems and facilities are not regulated by ch. ATCP
					 93:
(a) Underground storage tanks that have a capacity of less
					 than 60 gallons.
(b) Aboveground storage tanks and intermediate bulk
					 containers that have a capacity of less than 110 gallons.
(c) Tanks storing products regulated under ch. ATCP 33 that
					 are located either at facilities which are also regulated under ch. ATCP 33 or
					 on farm premises.
Note:
Chapter
					 ATCP 33 addresses bulk storage of
					 pesticides and fertilizers.
(d) Aboveground storage tanks storing liquids that are used
					 in processes covered in any of the following standards:
1. NFPA 33 Spray Application Using Flammable or Combustible
					 Materials.
2. NFPA 34 Dipping & Coating Processes Using Flammable
					 or Combustible Liquids.
3. NFPA 35 Manufacture of Organic Coatings.
4. NFPA 45 Fire Protection for Laboratories Using
					 Chemicals.
(e) Dedicated breakout tanks that are located at pipeline
					 facilities.
(f) Odorant or other additive injection tanks that are
					 directly connected to a pipeline.
(g) Contractor tanks that are mounted on pickup trucks.
(h) Oil-filled electrical equipment and
					 transformers.
(i) Accumulator tanks.
(j) Process tanks.
(k) Product recovery tanks.
(L) Service tanks.
(m) Marine fueling facilities where fuel is stored and
					 dispensed into the fuel tanks of marine craft of 300 gross tons or more.
(n) Aboveground or underground tank systems that store
					 nonflammable and noncombustible hazardous liquids in concentrations of less
					 than 1 percent by volume.
Note:
Material Safety Data Sheets (MSDS)
					 should be consulted for flash point and concentration.
(o) Aboveground tank systems which have a capacity of less
					 than 5,000 gallons and which store nonflammable and non-combustible hazardous
					 liquids in concentrations of 1 percent or more by volume.
Note:
Material Safety Data Sheets (MSDS)
					 should be consulted for flash point and concentration.
(p) Tank systems that store a hazardous waste which is
					 listed or identified under subtitle C of the federal Solid Waste Disposal Act,
					 or a mixture of such hazardous waste and other regulated substances that is
					 nonflammable and noncombustible.
(q) Any wastewater treatment tank system that is part of a
					 wastewater treatment facility regulated under section 307 (b) or 402 of the
					 federal Clean Water Act.
(r) Underground storage tank systems that contain
					 radioactive material which is regulated under the federal Atomic Energy Act of
					 1954.
Note:
The Atomic Energy Act of 1954 is
					 contained in
					 42 USC
					 2011 et seq.
(s) Underground storage tank systems that are part of an
					 emergency generator system at nuclear power generation facilities regulated by
					 the Nuclear Regulatory Commission under 10 CFR 50 Appendix A.
(t) Asphalt-plant AC tanks which are used as burner or
					 material-supply tanks in the process of making asphalt and which comply with
					 all of the following:
1. Tank configurations are single-wall or double-wall, with
					 or without heating coils.
2. The products stored in the tank are Class II or III
					 liquids ranging from heating oil to used oil, to #4 or #5 heavy oils.
3. The asphalt process equipment and the tank are typically
					 located at an isolated location, such as a quarry, and are generally relocated
					 from year to year or every couple of years.
(u) 1. Facilities located on Indian reservation land that
					 are held either in trust by the United States, or in fee by the tribe or a
					 tribal member.
2. Facilities which are located on off-reservation Indian
					 land that is held in trust by the United States - and which are held either in
					 trust by the United States, or in fee by the tribe or a tribal member.
A-314.01 (8)
INTERFERING WITH FIRE FIGHTING,
					 AND FALSE ALARMS. Section
					 941.12,
					 Stats., reads:
941.12 Interfering with fire fighting. (1)
Whoever intentionally interferes with the proper functioning of a fire alarm
					 system or the lawful efforts of fire fighters to extinguish a fire is guilty of
					 a Class I felony.
(2)
Whoever interferes with, tampers with or
					 removes, without authorization, any fire extinguisher, fire hose or any other
					 fire fighting equipment, is guilty of a Class A misdemeanor.
(3)
Whoever interferes with accessibility to a
					 fire hydrant by piling or dumping material near it without first obtaining
					 permission from the appropriate municipal authority is guilty of a Class C
					 misdemeanor. Every day during which the interference continues constitutes a
					 separate offense.
Section
					 941.13, Stats.,
					 reads:
941.13 False alarms.
Whoever intentionally
					 gives a false alarm to any public officer or employee, whether by means of a
					 fire alarm system or otherwise, is guilty of a Class A misdemeanor.
A-314.01 (9)
(b) Section
					 101.02(7)
					 (c) of the Statutes reads:
(c) Upon receipt of such petition the department shall
					 order a hearing thereon, to consider and determine the issues raised by such
					 appeal, such hearing to be held in the village, city or municipality where the
					 local order appealed from was made. Notice of the time and place of such
					 hearing shall be given to the petitioner and such other persons as the
					 department may find directly interested in such decision, including the clerk
					 of the municipality or town from which such appeal comes. If upon such
					 investigation it shall be found that the local order appealed from is
					 unreasonable and in conflict with the order of the department, the department
					 may modify its order and shall substitute for the local order appealed from
					 such order as shall be reasonable and legal in the premises, and thereafter the
					 said local order shall, in such particulars, be void and of no effect.
Section
					 101.01(8)
					 of the statutes defines "local order" and reads:
(8)
"Local order" means any ordinance, order,
					 rule or determination of any common council, board of alderpersons, board of
					 trustees or the village board, of any village or city, a regulation or order of
					 the local board of health, as defined in s.
					 250.01(3),
					 or an order or direction of any official of a municipality, upon any matter
					 over which the department has jurisdiction.
A-314.01 (13)
The pages after the following
					 page contain the forms the Department has developed for use with this chapter,
					 which are primarily intended for use by local fire departments. More-current
					 versions of these forms may be available at the Department's Web site at
					 http://dsps.wi.gov through links to Division of Industry Services forms.
SPS A-314.10 (4) (intro.)
The dimensions in
					 the following figure are compiled from NFPA 1 sections 10.16.1, 10.16.2,
					 10.16.5, 18.2.3.4.1.1 and 31.3.3.3.5. NFPA 1 contains additional requirements
					 for outside storage, such as in chapter 33 for tires, and in section
					 34.10
					 for idle pallets.
A-314.10 (4)
OUTSIDE STORAGE SCHEMATIC.
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Industry Services Division
Petition for Variance Information and Instructions
					 SPS 303
In instances where exact compliance with a particular code
					 requirement cannot be met or alternative designs are desired, the division has
					 a petition for variance process in which it reviews and considers acceptance of
					 alternatives which are not in strict conformance with the letter of the code,
					 but which meet the intent of the code.
A variance is not a waiver from a
					 code requirement.
The petitioner must
provide an equivalency which
					 meets the intent
of the code section petitioned to obtain a variance.
					 Documentation of the rationale for the equivalency is required. Failure to
					 provide adequate information may delay a decision on the petition. Pictures,
					 sketches, and plans may be submitted to support equivalency. If the proposed
					 equivalency does not adequately safeguard the health, safety, and welfare of
					 building occupants, frequenters, firefighters, etc., the variance request will
					 be denied. NOTE: A SEPARATE PETITION IS REQUIRED FOR EACH BUILDING AND EACH
					 CODE ISSUE PETITIONED (i.e., window issue cannot be processed on the same
					 petition as stair issue). It should be noted that
a petition for variance
					 does not take the place of any required plan review submittal.
The division is unable to process petitions for variance
					 that are not properly completed. Before submitting the application, the
					 following items should be checked for completeness in order to avoid
					 delays:
* Petitioner's name (typed or printed)
* Petitioner's signature
* The application must be signed by the owner of the
					 building or system unless a Power of Attorney is submitted.
* Notary Public signature with affixed seal
* Analysis to establish equivalency, including any
					 pictures, illustrations or sketches of the existing and proposed conditions to
					 clearly convey your proposal to the reviewer.
* Proper fee
* Any required position statements by fire chief or
					 municipal official
A position statement from the chief of the local fire
					 department is required for fire or life-safety issues. No fire department
					 position statement is required for topics such as plumbing, private onsite
					 sewage systems, or energy conservation. Submit a municipal building inspection
					 department position for SPS 316 electrical petitions, or if SPS 361-366
					 commercial building plan review is by the municipality or orders are written on
					 the building under construction. (Submit a copy of the orders.) For rules
					 relating to one- and two-family dwellings, only a position statement is
					 required only if the local municipality is the enforcing body. Position
					 statements must be completed and signed by the appropriate fire chief or
					 municipal enforcement official. Signatures or seals on all documents must be
					 originals. Photocopies are not acceptable.
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