ORDINANCE NO. 2312

 

By:__________________________________________________

 

AN ORDINANCE TO REPEAL AND RECREATE SECTIONS 15.201(a), (b) AND 15.202 (a), (m), (n), (o), (p), (q), (r) AND 15.203 AND 15.204 (a), (b) AND 15.206(b)(3) AND 15.207 (a) AND 15.215 (b) AND 15.217 (a) (8)(10), (b)(1)(c)(2), (d), (f) AND 15.218 (a)(4),(7), (c) AND 15.220 (t) AND 15.223 RELATING TO THE FIRE PREVENTION CODE.

 

The Common Council of the City of Oak Creek, Wisconsin does hereby ordain as follows:

 

SECTION 1:  Section 15.201 (a), (b) of the Municipal Code is hereby repealed and recreated to read as follows:

 

(a)        State and National Codes Adopted

All Orders, Rules and Regulations of the Department of Commerce, as are set forth in the Wisconsin Administrative Code Comm 61 through 65 and any future amendment modifications there to are hereby adopted.  The most current legislatively enacted versions will be enforced. This includes but is not limited to The Wisconsin Enrolled Commercial Building Code, The International Fire Code, The National Electrical Code, and all Administrative Codes not listed.  The most current available printed version of NFPA 13,13R, and 13D Automatic Sprinkler Systems will be enforced.

(b)        Conflicting Provisions

In cases of conflict between local, state, and national code provisions, the most restrictive provisions shall govern.

 

            SECTION 2:  Section 15.202 (a), (m), (n), (o), (p), (q), (r) of the Municipal Code is hereby repealed and recreated to read as follows:

 

(a)        Approved. Accepted by the Fire Chief or his/her designee as a result of their investiga­tion and experience, or by reason of test, listing or approval by Underwriters Laboratories, Inc., the National Bureau of Standards, the American Gas Association Laboratories or other nationally recognized testing authorities.

(m)       NFPA 241. The National Fire Protection Association Standard for Safeguarding Con­struction, Alteration, and Demolition Opera­tions.

NOTE: References to the above NFPA stan­dards shall be to the most recent edition in effect at the time applica­tion is made for the building and are hereby adopted by reference as part of this Code.

NOTE: Other definitions may be referred to and are incorporated herein as found in the Wisconsin Comm 61 through 65.and Comm 14.

(n)        Person Any individual person or persons, partnership, firm, organization, association or corporation, their agents or assigns.

(o)        Public Building.  A building in which persons congregate for civic, political, educational, religious, social, recreational or dining purposes; and includes appurtenances attached thereto.

(p)        Residence Building.  Except when classed as an institutional building, means a building in which sleeping accommodations are provided.

(q)        Rooming House. A dwelling unit occupied by more than three (3) persons who are not a family and where a fee or other consideration is charged for periods of occupancy usually longer than one (1) night and where a bath­room or toilet room or kitchen is shared by occupants of the building.

NOTE: Other definitions may be referred to and are incorporated herein as found in the Wisconsin Comm 61 through 65 and Comm 14.

 

            SECTION 3:  Section 15.203 of the Municipal Code is hereby repealed and recreated to read as follows:

 

The Fire Chief or his/her designee may, at all reasonable hours, enter any building or premises within his jurisdiction for the purposes of making any inspection or investigation which, under the provisions of this Subchapter, he or they may deem necessary to be made.

 

            SECTION 4:  Section 15.204 (a), (b) of the Municipal Code is hereby repealed and recreated to read as follows:

 

(a)        The Fire Chief or his/her designee shall inspect, or cause to be inspected, all buildings and premises, except the interiors of dwelling units (not including rooming houses) as often as may be neces­sary for the purpose of ascertaining and caus­ing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of this Subchapter and of any other ordi­nance affecting the fire hazard and to insure compliance in all places of assembly with all laws, regulations and orders dealing with over­crowding, use of decorative materials, main­tenance of exit ways and maintenance of fire alarm and fire detect­ing systems, and fire extinguishing systems and appliances.

(b)        The Fire Chief or his/her designee, upon the complaint of any person or whenever he or they shall deem necessary, shall inspect any building and premises within their jurisdiction.

 

            SECTION 5:  Section 15.206 (b)(3) of the Municipal Code is hereby repealed and recreated to read as follows:

 

(b)(3)   When service has been completed as prescribed in this Section, the notice shall be effective as to anyone having an interest in the property and shall be effective against any subse­quent owner of premises as long as the violation exists and there remains an official copy of the notice in a public file maintained by the Fire Chief or his/her auth­orized designee.

 

            SECTION 6:  Section 15.207 (a) of the Municipal Code is hereby repealed and recreated to read as follows:

 

(a)        The Bureau of Fire Prevention shall investigate the cause, origin and circumstances of every fire occurring in the City which is of suspicious nature or which involved loss of life or injury to persons or by which property has been destroyed or substantially damaged. Such investigations shall be begun immediately upon the occurrence of such fire by the officer in whose district the fire occurs, and if it appears that such fire is of suspicious origin, the Fire Chief shall be immediately notified of the facts; he/she shall take charge immediately of the physi­cal evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case.

 

            SECTION 7:  Section 15.215 (b) of the Municipal Code is hereby repealed and recreated to read as follows:

 

(b)               The chief fire prevention officer in charge of the Bureau of Fire Prevention shall be appointed by the Fire Chief. He/she shall be removed at the discretion of the Fire Chief.

 

            SECTION 8:  Section 15.217 (a) (8) & (10), (b) (1) (c) (2), (d), (f) of the Municipal Code is hereby repealed and recreated to read as follows:

 

(a)(8)   Fire Resistive. The type of construction complying with the requirements of the Wisconsin Enrolled Building Code.

(a)(10) Building. Any structure used or intended for supporting or sheltering, any use or occupancy.  

(b)(1)(c)(2)      Areas with storage of greater than twelve (12) feet in height on racks shall be protected with automatic fire sprinklers in accordance with NFPA 13standard for rack sto­rage of materials.

(d)        How Installed. Approved fire sprinkler equip­ment shall be designed, installed and tested in accordance with NFPA 13, “Standard for the Installation of Sprinkler Systems,” and other applicable standards of the National Fire Protection Association which are acceptable to the Fire Chief.  All automatic fire sprinkler systems hydraulic designs are to be based on 90 percent of the available water supply (10% safety margin shall be maintained). All sprinkler systems designs shall be based on the most current approved water flow test.  All water flow tests shall be witnessed by a Fire Department or Oak Creek Water Utility representative.

(f)         Areas Without Public Water Supply. No building which, under the provisions of this Code requires installation of fire hydrants or a sprinkler system, shall be built if a public water supply is unavailable unless a private water system which is sufficient to provide the fire protection requirements of the building, in accordance with the State of Wisconsin Commercial Building Code Comm 61 through 65 is installed, except that for any building in use prior to January 6, 2000 and for which the occupancy and use has not changed since January 6, 2000, the fire hydrant requirements in Section 15.219 shall be delayed until the building is of a size and occupancy for which fire sprinklers are required under this Section.

 

            SECTION 9:  Section 15.218 (a) (4), (7), (c) of the Municipal Code is hereby repealed and recreated to read as follows:

 

(a)(4)   Fire Resistive. The type of construction in which the structural members including walls, partitions, columns, floor and roof construction are of noncombustible mate­rials with fire resistive ratings not less than those specified in the State of  Wisconsin Comm 61 through 65, and any future amendments or modifi­cations thereto.

 

(a)(7)   Other Terms. Other terms used in this Section shall have the meaning as set forth in the State of Wisconsin Comm 61 through 65 and any future amendments or modifica­tions thereto

 

(c)        Intent. The intent of this Subsection is that the automatic fire sprinkler requirements of this Section be the same as the requirements of its predecessor section, created in 1972 by Ordinance 758.  This Section shall  control over the State of Wisconsin Comm 61 through 65, since these automatic fire sprinkler requirements were enacted in 1972

 

            SECTION 10:  Section 15.220 (t) of the Municipal Code is hereby repealed and recreated to read as follows:

 

(t)                 Floor plan shall be included.

 

            SECTION 11:  Section 15.223 of the Municipal Code is hereby repealed and recreated to read as follows:

 

Whenever the Chief of the Fire Department or his/her designated representative shall disapprove an application or refuse to grant a permit applied for, or refuse to approve plans submitted, or when it is claimed that the provisions of the code are wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or his /her designated representative to the Common Council within thirty (30) days from the date of the decision appealed.

 

            SECTION 12:  All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

 

            SECTION 13:  This ordinance shall take effect and be in full force and effect from and after its passage and publication, as required by law.

 

Introduced this 6th day of July, 2004.

 

Passed and adopted this ____ day of ____________, 2004.

 

 

                                                                        __________________________________

                                                                        President, Common Council

 

Approved this ____ day of ________________, 2004.

 

 

                                                                        __________________________________

                                                                        Mayor

 

ATTEST:

 

______________________________                        VOTE:  Ayes ______  Noes ______

City Clerk