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Comm 14 Wisconsinism's & 2006 NFPA 1 Uniform Fire Code ...

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the AHJ, giving at least five days' notice of hearing, but in no case<br />

shall it fail to meet on an appeal within 30 calendar days of the<br />

filing of notice of appeal.<br />

1.10.5.2 All of the meetings of the Board of Appeals shall be open<br />

to the public.<br />

1.10.6 Quorum. Two-thirds, but not less than four members, of the<br />

Board of Appeals shall constitute a quorum. In varying the<br />

application of any provision of this <strong>Code</strong>, or in modifying an order<br />

of the AHJ, a majority vote shall be required.<br />

1.10.7 Meetings and Records.<br />

1.10.7.1 Meetings of the Board of Appeals shall be held at the call<br />

of the chair and at such other times as the board determines.<br />

1.10.7.2 All hearings before the Board of Appeals shall be open to<br />

the public.<br />

1.10.7.3 The Board of Appeals shall keep minutes of its<br />

proceedings showing the vote of each member on every question,<br />

or if the member is absent or fails to vote, indicating such actions.<br />

1.10.7.4 The Board of Appeals shall also keep records of its<br />

examinations and other official actions.<br />

1.10.7.5 Minutes and records of the Board of Appeals shall be<br />

public record.<br />

1.10.8 Procedures. The Board of Appeals shall establish rules and<br />

regulations for its own procedures consistent with the provisions of<br />

this <strong>Code</strong>.<br />

1.10.9 Means of Appeals.<br />

1.10.9.1 Any person shall be permitted to appeal a decision of the<br />

AHJ to the Board of Appeals when it is claimed that any one or<br />

more of the following conditions exist:<br />

(1) The true intent of the codes or ordinances described in this<br />

<strong>Code</strong> has been incorrectly interpreted.<br />

(2) The provisions of the codes or ordinances do not fully<br />

apply.<br />

(3) A decision is unreasonable or arbitrary as it applies to<br />

alternatives or new materials.<br />

1.10.9.2 An appeal shall be submitted to the AHJ in writing within<br />

30 calendar days of notification of violation outlining the <strong>Code</strong><br />

provision from which relief is sought and the remedy proposed.<br />

1.10.9.3* All documentation supporting an appeal shall be<br />

submitted to the AHJ.<br />

1.11 Records and Reports.<br />

<strong>Comm</strong> <strong>14</strong>.01 (11) (d) Record keeping. These are department<br />

rules in addition to the requirements in <strong>NFPA</strong> 1 chapter 1: The<br />

following fire department dues entitlement records shall be<br />

generated and maintained by each fire department:<br />

1. Current roster of active fire department members.<br />

2. Time, date, location, and number of firefighters responding,<br />

excluding the chief, for each first alarm for a building. For any<br />

of these responses that are in combination with another fire<br />

department under a mutual aid agreement, the record under this<br />

paragraph shall include the name of that department and the<br />

number of firefighters, excluding the chief, responding from that<br />

department.<br />

3. Number and duration of, and attendance at, fire department<br />

meetings, if the fire department is a volunteer fire department.<br />

For the purposes of this requirement, a volunteer fire department<br />

does not have any member who is paid for 36 hours or more of<br />

work, on a weekly basis.<br />

4. Number and duration of, topic of and attendance at fire<br />

department training sessions.<br />

5. Number, type, and duration of, and attendance of fire<br />

department members at, public fire education related activities.<br />

(e) Availability of records. For at least 5 years, the records<br />

specified in par. (d) shall be maintained in written form or in<br />

another form capable of conversion into written form within a<br />

reasonable amount of time; and shall be made available to the<br />

department and to the public, upon request to the fire<br />

department.<br />

Note: Section 19.32 (2), Stats., considers a record to be material<br />

containing written or electromagnetic information. The<br />

department will consider computer records to be equivalent to<br />

written reports.<br />

*See 10.2.5 Owner/Occupant Responsibility to keep records.<br />

1.11.1 A record of examinations, approvals, equivalencies, and<br />

alternates shall be maintained by the AHJ and shall be available for<br />

public inspection during business hours in accordance with<br />

applicable laws.<br />

1.11.2 The AHJ shall keep a record of all fire prevention<br />

inspections, including the date of such inspections and a summary<br />

of any violations found to exist, the date of the services of notices,<br />

and a record of the final disposition of all violations.<br />

<strong>Comm</strong> <strong>14</strong>.01 (11) (b) 7. ‘Inspection reports.’ These are<br />

department rules in addition to the requirements in <strong>NFPA</strong> 1<br />

chapter 1: Except in first class cities, the fire chief shall make<br />

and keep on file reports of fire prevention inspections. In first<br />

class cities, the commissioner of the building inspection<br />

department shall make and keep the reports. For at least 5 years,<br />

the reports shall be maintained in written form or in another<br />

form capable of conversion into written form within a<br />

reasonable amount of time.<br />

Note: The department has developed fire inspection report<br />

forms that may be used by fire departments. The fire inspection<br />

report forms (SBD-10615A and SBD-5295) are available from<br />

the Safety and Buildings Division through one or more of the<br />

following means: at P.O. Box 7839, Madison, WI 53707-7839;<br />

or at the Department’s Web site at www.commerce.wi.gov,<br />

through links there to Safety and Buildings Division forms.<br />

1.11.3 Emergency Response Records.<br />

1.11.3.1 The fire department shall keep a record of fire and other<br />

emergency responses occurring within its jurisdiction and of facts<br />

concerning the same, including statistics as to the extent and<br />

damage caused by such fires or emergencies.<br />

1.11.3.2 The fire department shall report its incident record data,<br />

collected in accordance with 1.11.3, to the recognized state agency<br />

responsible for collecting such data.<br />

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