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 c
ertification 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 extinguish
ing
system
s, 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
, t
he proposed rule will
allow the
perform
ance of
inspections of fire detection, pre
vention and suppression devices
by
person
s
w
ho
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:
•
29
CFR 1910.163
– Fixed extinguishing systems, water spray and foam.
Comparison with rules in adjacent states:
An internet search indicated that one adjacent state (Illinois) does recognize and provide for certification as Fire Inspector I:
Illinois
:
Designation as a
Qualified Fire
Code
Inspector
for the purpose of inspecting public schools
can be achieved by a number of criteria, one of which is possession of certification
by the NFPA
as a Fire Inspector 1.
Title 23, Section
180.120(d
)(
1)
(C ), Ill. Admin. Code. However, Illinois has its own certification criteria for fire department personnel seeking designation as Fire Inspector I. Title 41, Section
141.327
.
Iowa
:
Section
661—200.3 (100), Iowa Admin Code, relating to building plan approval and plan review fees, requires that pla
ns for the proposed construction of certain new buildings or additions, alterations or changes to existing buildings receive the approval of the fire marshal.
Michigan
:
Mich. Admin. Code,
R 408.41801,
et seq.
, relating to construction safety standards, fire protection and prevention, make no reference to inspection of
fire detection, prevention and suppression devices by individuals certified as Fire Inspector I.
Minnesota:
Minnesota administrative code makes no reference to Fire Inspector I. “Licensed fire protection contractors” perform functions including the design, installation, modification and inspection of fire protection systems, parts and related equipment. Minn. R. 7512.0100; 7512.0400.
Summary of factual data and analytical methodologies:
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
Based upon input from the Division of Industry Services, t
he rule revisions are not expected to significantly impact small business
. T
he functions to be performed by this
new certification are already performed by certified commercial building inspectors and therefore would not impose new requirements on small businesses.
Fiscal Estimate and Economic Impact Analysis:
N/A
Effect on small business
:
These
rules
are not expected to
have
an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Jeffrey.Weigand
@wisconsin.gov
,
or by calling (608
) 267-2435.
Agency contact person
:
Dale Kleven
, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-
26
1-4472
; email at
Dale2.Kleven
@wisconsin.gov
.
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TEXT OF RULE
SECTION 1.
SPS Table 305.02, line 37m., is created to read:
|
|
Table 305.02 Partial Table FEES
|
|
|
|
|
License, Certification or Registration Category
|
Type
|
Application Fee
|
Examination Fee
|
License, Certification or Registration Fee
|
37m.
|
Fire
Detection, Prevention and Suppression
Inspector
|
Certification
|
$15
|
NA
|
$40
|
SECTION 2.
SPS Table 305.06, line 32m., is created to read:
|
|
Table 305.06 Partial Table TERMS
|
|
|
|
License, Certification or Registration Category
|
|
Term
|
Expiration Date
|
32m.
|
Fire
Detection, Prevention and Suppression
Inspector
|
|
4 years
|
June 30
|
SECTION
3
.
SPS 305.627 is created to read:
SPS 305.627
Fire
d
etection,
p
revention and
s
uppression
i
nspector
s
.
(1)
General.
N
o person may perform inspections of fire detection, prevention, and suppression devices being installed during the construction or alteration o
f
, or the addition to, public buildings and places of employment unless the person holds a certification issued by the department as a certified
fire detection, prevention and suppression inspector
or holds a certification as a commercial building inspector.
(2
)
Application for certification.
A person applying for a fire
detection, prevention and suppression inspector
certification shall submit all of the following:
(a
) An application in accordance with
s.
SPS 305.01
.
(b)
An application fee and a certification fee in accordance with
s.
SPS 305.02
, Table 305.02.
(c)
Evidence that the person holds
one of the following
certification
s
to perform fire detection, prevention and suppression inspections:
1.
A valid certification from
the national fire protection association qualifying him or her as a certified fire inspector I
.
2.
A
valid equivalent certification as determined by the department.
(3)
Certification Maintenance.
A person holding a certification
listed in sub
. (2)
(c)
shall
maintain that certification at all times during which he or she is certified as a fire detection, prevention and suppression inspector under this section.
(
4
)
Responsibilities.
A person who inspects fire detection, prevention, and suppression devices
as a
fire detection, prevention and suppression inspector
shall
do all of the following:
(a
)
Maintain a record of the inspections made including the dates and the findings of the inspections
.
(b)
Provide a copy of the inspection report to the property owner or his or her agent
.
(c)
Make
their inspection records available to the department upon request
(
5
)
Renewal.
Provisions for
renewel
of certification include all of the following:
(a
) A person may renew his or her certification as a
fire detection, prevention and suppression inspector
.
(b)
If a
fire
detection, prevention and suppression inspector
certification
is renewed, it
shall be renewed in accordance with
s.
SPS 305.07
.
(c) The renewal of a certification as a fire detection, prevention and suppression inspector
is
contingent upon the
person
submitting
evidence
as required by
the department
that the person holds a
valid certification
listed under
sub. (2)
(c)
.
The department may audit compliance with this section.
Section
4
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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