ORDINANCE NO. 2382
BY: ____________________________________
AN ORDINANCE TO REPEAL AND RECREATE SECTIONS 15.200 THROUGH 15.224 OF THE MUNICIPAL CODE RELATING TO
THE FIRE PREVENTION CODE
The Common Council of the City of Oak Creek does hereby ordain as follows:
SECTION 1: Sections 15.200 through 15.224 of the Municipal Code are hereby repealed and recreated as follows:
CITY OF OAK CREEK
FIRE PREVENTION, PROTECTION, AND CONTROL CODE
15.200 General PROVISIONS
(1) INTENT
(a) To provide the Municipality with comprehensive regulations to improve public safety by attempting to control, limit, restrict and/or eliminate fire hazards.
(b) To improve life safety for employees, firefighters, and frequenters of places of employment and public buildings.
(c) To regulate the installation, use and maintenance of equipment; regulating the use of structures, occupancies and open areas.
(d) To require the removal and/or reduction of fire hazards; establishing the responsibilities and procedures for code enforcement; and to set the minimum standards for compliance and achievement of these objectives.
(e) To protect property from the hazards of fire and explosion by establishing minimum standards for the use, operation, maintenance and inspection of buildings, structures and premises.
(2) APPLICATIONS
(a) The provisions of this code shall apply to all public buildings and places of employment. Exceptions:
The following buildings and uses are not public buildings or places of employment and are not subject to the provisions of this code:
1. One and two-family dwellings
2. Buildings used exclusively for farming as described in WI. ss.102.04
Nothing contained in this section shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, or as applying to the military forces of the United States.
(b) The provisions of this code shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this subsection shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property or have been superseded by this code.
(c) The provisions of this code shall apply equally to the property owner and/or occupant.
(d) Sections 15.205, 15.206, 15.207, 15.208, 15.209, 15.210 (9), 15.212, 15.213, 15.214, and 15.215, applies to all individuals and/or properties within the jurisdiction of the municipality.
(3) ADDITIONS TO, CHANGE OF USE OR REMODELED BUILDINGS
(a) If fifty (50) percent or more of the total floor area of a building is remodeled and/or added, the entire building shall be brought into compliance with the requirements of this code.
(b) If twenty-five (25) to forty-nine (49) percent of the total floor area of a building is remodeled and/or added, that part of the building which is remodeled and/or added shall be brought into compliance with the requirements of this code.
(c) If less than twenty-five (25) percent of the total floor area of a building is remodeled and/or added, the requirements of this code need not be provided unless the area includes dwelling units. If the total floor area includes dwelling units, that part of the building which is remodeled and/or added shall be brought into compliance with this code. The area added must comply with the requirements as they pertain to the original floor area.
(d) All percentages of additions or remodeling shall be cumulative as applied to (a), (b), and (c) above.
(e) If the use of and/or contents of any existing building is changed and becomes more hazardous as determined by the Authority Having Jurisdiction (AHJ), the building shall be brought into compliance with this code.
(f) Those portions, elements, systems or components of existing buildings and structures to be altered or modified on or after the effective date of the rules under this code and where the alteration, modification or the addition affects a building element or component relating to subject matters regulated by this code, shall be designed, constructed and maintained in accordance with the applicable rules of this code as the rules exist on one of the following:
1. The date plans for the alteration or modification are conditionally approved by the AHJ.
2. The date the local building permit is issued.
3. The date the replacement is initiated, where 15.200(3) (f) 1. & 2. do not apply.
(4) PLAN SUBMITTALS
(a) Any time that a Fire Protection, Fire Alarm, Fire Control, and/or Fire Suppression System and/or any portion thereof is installed, altered, added on to, or has appliances removed, plans shall be submitted to the AHJ for review and conditional approval.
(b) All plans for Fire Protection, Fire Alarm, Fire Control, and/or Fire Suppression Systems and/or any portion thereof must meet or exceed the applicable NFPA and AHJ’s requirements.
(c) Plans shall be submitted for review to the AHJ prior to a permit being issued.
(d) A minimum of three copies of each plan, specification, and required calculation shall be submitted. Two copies of each may be retained by the AHJ.
(e) An AutoCAD electronic file of the plans shall also be submitted to the AHJ with each submittal and upon the completion of each project with the as-built conditions.
(f) A completed permit application must accompany all plan submittals.
(g) The permit application must be signed by the individual assuming complete responsibility for the submitted system(s).
(h) The permit application for all fire sprinkler and standpipe systems must be signed by an individual who holds a valid Wisconsin Automatic Fire Sprinkler Contractors License.
(i) The appropriate permit, inspection and/or plan review fees must be submitted with each permit application.
(j) Plans will not be reviewed until all fee(s) have been received by the AHJ.
(k) All plan reviews are based on information provided. All plan reviews are prepared for general code compliance only. Plan reviews do not relieve or limit the responsibility and/or liability of any contractor, architect, engineer, designer or any other responsible party for the system(s) reviewed. The Municipality or any of its agents and/or firm or persons hired by the Municipality to review plans are not responsible for and do not accept any responsibility and/or liability for the system(s) reviewed.
(5) PERMIT REQUIRED
(a) A permit must be obtained prior to the start of installation and/or alteration of any portion of a Fire Protection, Fire Alarm, Fire Control, and/or Fire Suppression System.
(b) An operational permit is required to use a building, or a portion thereof, as a high-piled combustible storage area exceeding five-hundred (500) Square feet.
(c) Permits will only be issued after the required Fire Protection, Fire Alarm, Fire Control, and/or Fire Suppression System plans and specifications have been reviewed and conditionally approved by the AHJ.
(d) Permits for the installation and/or alteration of Fire Sprinkler and/or Standpipe Systems will only be issued to individuals who hold a valid Automatic Fire Sprinkler Contractors License.
(e) Any contractor that begins installation and/or alteration of any system regulated by this code prior to obtaining the required permit or permission from the AHJ shall be charged a triple permit fee.
(6) INSPECTION AND TESTING
(a) All Fire Suppression Systems and Fire Alarm Systems required under this code shall be inspected by the AHJ prior to having any of its parts covered-up or concealed in any manner whatsoever. The AHJ shall be given a forty-eight (48) notice prior to any system inspection.
(b) The AHJ shall witness all tests of Fire Control Systems, Fire Alarm Initiating Devices, Notification Appliances, and any other required system requiring an operational test. The AHJ shall be given a forty-eight (48) hour notice prior to any system witness test.
(7) RIGHT OF ENTRY
(a) The AHJ and/or their authorized representative may, at all reasonable hours enter any place of employment and/or public building within their jurisdiction for the purposes of making any inspection or investigation which, under the provision of this subchapter they shall deem necessary.
(b) The AHJ shall inspect, or cause to be inspected, all places of employment and public buildings as often as may be necessary, but not less than twice a year.
(c) The purpose of any inspection and/or investigation is to determine if any violations of the provisions or intent of this code and/or the codes or standards adopted by reference exist and to order corrections of the violations observed.
(d) The AHJ, upon the complaint of any person or whenever they shall deem necessary, shall inspect any place of employment and/or public building and premises within their jurisdiction.
(e) Any owner or occupant of any place of employment and/or public building, who refuses to permit, prevents or interferes with entry into or upon the premises by anyone authorized by the AHJ shall be guilty of violating this chapter and shall be subject to fines.
Exception: the interiors of residential dwelling units will not be inspected unless an inspection is specifically requested by the owner or occupant and/or as allowed by State Statutes.
(8) ENFORCEMENT AND DOCUMENTATION
(a) The Fire Chief or anyone the Fire Chief has designated their AHJ, shall enforce the provisions of this code.
(b) Whenever any Officers, Members, or Inspectors of the Fire Department’s Bureau of Fire Prevention shall discover fire hazards as listed below, they shall order such conditions or materials removed or remedied in such manner as may be specified.
1. Dangerous or unlawful amounts of flammable, combustible or explosive material as determined by the AHJ.
2. Hazardous conditions arising from defective or improperly installed equipment for handling or using flammable, combustible or explosive material.
3. Dangerous accumulations of rubbish, waste paper, boxes, shavings, or other highly flammable materials as determined by the AHJ.
4. Accumulations of dust, grease, or waste materials in air conditioning systems, exhaust ducts or vent hoods.
5. Obstructions including snow to or in fire escapes, stairs, passageways, doors, or windows, liable to interfere with the operation of the Fire Department or egress of occupants.
6. Any building, structure, or premises which for want of repairs, lack of exit facilities, fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition from any cause, creates a fire hazard.
(c) The AHJ may use any means necessary in documentation of inspections or conditions, including the use of electronic equipment.
(9) NOTIFICATION OF USE OR OCCUPANCY CHANGE
(a) Whenever there is a change in occupancy or the agent(s) (manager, shift supervisor, after hour’s emergency contact, etc.) of the occupancy, the owner or their duly authorized agent shall submit the changes in writing to the Fire Department within five working days. The information shall consist of the following:
1. Name and address of occupancy
2. Owners name, address and phone number(s)
3. Agents name, address and phone number(s)
4. Other information as required by the AHJ
(b) No change shall be made in the use or occupancy of any building or structure, or any space within a building, structure, or space of a building or structure either in a different division of the same occupancy group or in a different occupancy group, unless the building or structure complies with this code’s requirements for the new division of occupancies, as these requirements exist.
Exception: This subsection does not apply to an approved Temporary use.
(c) Whenever a change in the service company for an alarm, detection, or suppression system takes place within an occupancy, the owner or authorized agent shall submit the changes in writing to the Fire Department within twenty working days. The information shall consist of the following:
1. All information required in 15.200 (9) (a)
2. Type(s) of fire protection systems
3. Service company name, address and phone number(s)
(d) An inspection by the Fire Department shall be required for any new or change of occupancy.
(10) TEMPORARY USE
The AHJ may allow a building or portion of a building to be used temporarily in a manner that differs from the approved use, or may approve a temporary building to be used by the public, subject to all of the following provisions:
(a) The AHJ shall determine the time frame within which the temporary use is permitted, based on the hazards created by the temporary use.
(b) The AHJ shall determine maximum occupancy load.
(c) The AHJ shall determine any fire protection and/or control devices and life safety provisions that may be required.
15.201 Definitions
Unless otherwise expressly stated, the following terms shall, for the purpose of this code, have the meaning indicated in this section.
(1) “Access Box”. A steel key vault, mounted on the exterior of a building that contains keys, floor plans, maps or other items as required by the AHJ, for access to all portions of the building.
(2) “Adult Day Care”. Any place, that receives at any time for compensation four or more adults, for care and supervision, for less than twenty-four (24) hours a day.
(3) “Adult Family Home”. Similar to a CBRF except that they are licensed for five or less tenants.
(4) “Approved Agency”. An agency accepted or acceptable to the Bureau of Fire Prevention, such as Underwriters Laboratories, Inc., the National Institute of Standards and Technology, the American Gas Association Laboratories or other nationally recognized testing authorities.
(5) “Assembly Group A”. Group A occupancies includes, among other, the use of a building or structure, or a portion thereof, for the gathering together of persons for purposes such as civic, social or religious functions, recreation, food or drink consumption or awaiting transportation. A room or space used for assembly purposes by less than fifty (50) persons and accessory to another occupant shall be included as a part of that occupancy. Assembly occupancies shall include the following:
(a) A-1 Assembly uses, usually with fixed seating, intended for the production and viewing of performing arts or motion pictures.
(b) A-2 Assembly uses intended for food and/or drink consumption.
(c) A-3 Assembly uses intended for worship, recreation or amusement and other assembly uses not classified elsewhere in Group A.
(d) A-4 Assembly uses intended for viewing of indoor sporting events and activities with spectator seating.
(e) A-5 Assembly uses intended for participation in or viewing outdoor activities.
(6) “Automatic Fire Detector”. A device designed to detect specific products of fire – smoke, heat or both.
(7) “Authority Having Jurisdiction (AHJ)”. Shall be the Fire Chief, or designee of the Fire Chief, to enforce this code, the laws of the State of Wisconsin, as designated in COMM 14.02 (1), pertaining to the prevention of fires and public safety, and approving equipment installation, or procedures as outlined in NFPA Standards, Codes and/or Recommended Practices.
(8) “Automatic Closing Device”. A mechanism which functions without human intervention and is actuated as a result of predetermined temperature rise, rate of rise of temperature, combustion products or smoke density.
(9) “Automatic Fire Alarm System”. A system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.
(10) “Automatic Fire-Extinguishing System”. An approved system of devices and equipment which automatically detects a fire and discharges an approved fire-extinguishing agent onto or in the area of a fire.
(11) “Automatic Fire Sprinkler System”. An integrated system of underground and/or overhead piping designed in accordance with fire protection standards. The system includes a suitable water supply. The portion of the system above ground is a network of specially sized or hydraulically designed piping installed in a structure or area, generally overhead, and to which automatic sprinklers are connected in a systematic pattern. The system is usually activated by heat, from a fire, and discharges water over the fire area.
(13) “Bureau of Fire Prevention”. The Bureau of Fire Prevention is made up of the following personnel: The Fire Chief, The Fire Marshal and/or Fire Inspectors, or any other Designee of the Fire Chief.
(14) “Boarding House”. A building arranged or used as lodging for compensation, with or without meals, not occupied as a single-family unit.
(15) “Business Group B”. Group B occupancy includes, among others, the use of a building or structure, or a portion thereof, for office, professional or service-type transactions, including storage of records and accounts.
(16) “Ceiling”. The upper surface of a space, regardless of height. Areas with a suspended ceiling would have two ceilings, one visible from the floor, and one above the suspended ceiling.
(17) “Code”. A standard that is an extensive compilation of provisions covering a broad subject matter or that is suitable for adoption into law independently of other codes and standards.
(18) “Combustible Material”. All material not classified as “Noncombustible” are considered combustible. This property of a material does not relate to its ability to structurally perform under fire exposure. The degree of combustibility is not defined by standard fire test procedures.
(19) “COMM.” Wisconsin Department of Commerce.
(20) “Common Area”. Common area refers to any area in a building that can be accessed by more than one person from different families at one time.
(21) “Community Based Residential Facility CBRF”. A community facility where five 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 three hours of nursing care per week per resident.
(22) “Conditional Approval”. An approval of plans and/or specifications by the AHJ based upon information provided to the AHJ, including but not limited to, any changes required by the AHJ to the above mentioned plans and/or specifications.
(23) “Consultant(s)”. A company, individual or agency hired by the Bureau of Fire Prevention to provide advice to the Bureau of Fire Prevention on fire related issues. Consultants may provide services, which could include plan reviews of fire suppression systems, fire alarm systems, witness tests and/or conduct inspections.
(24) “Day Care Center”. Any place which receives at any one time for compensation four or more children under the age of seven years, for care and supervision, for less than twenty-four (24) hours a day or more than ten days a month, without the attendance of a parent, relative or legal guardian. The use of a building or structure, or portion thereof, for educational, supervision, or personal care services for more than five children older than 2 ½ years of age, shall be classified as a Group E occupancy.
(25) “Dwelling or Dwelling Unit”. A single living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. For the purpose of this code, dwelling unit includes apartments and condominiums but does not include hotel and motel rooms, guest suites, dormitories, boarding rooms, or sleeping rooms in nursing homes.
(a) Single Family Dwelling. A building containing only one dwelling unit and designed for one family.
(b) Two Family Dwelling. A building containing not more than two individual dwelling units which are entirely separated by vertical walls or horizontal floors, un-pierced except for access to the outside or common basement.
(26) “Educational Group E”. Group E occupancy includes, among others the use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade.
(27) “Factory Industrial Group F”. Group F occupancy includes, among others, the use of a building or structure, or a portion thereof, for assembly, disassembly, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H occupancy.
(a) F-1 Moderate-Hazard occupancy.
(b) F-2 Low-Hazard occupancy.
(28) “False Alarm”. The transmission of a signal, message or other notification of an event of fire when no such danger exists.
(a) Malicious Alarm. A false alarm of fire deliberately sounded by someone in order to inconvenience the Fire Department.
(b) Accidental Alarm. An alarm set off and transmitted through accidental operation of an automatic or manual fire alarm device.
(c) Good Intent False Alarm. An alarm that turns out to be false but was reported in good faith.
(29) “Family Unit”. Two or more individuals who are related to each other by blood, marriage, adoption or legal guardianship. For purposes of this code a group of not more than 4 persons not necessarily related by blood or marriage, living together in a single living unit will be considered equivalent to a single family.
(30) “Fire Alarm Annunciation Device”. A device connected to a fire alarm to signal either a fire or trouble condition. Fire Alarm Annunciation Devices could include visual devices, horn/strobes, horns, bells, and/or annunciator panels.
(31) “Fire Alarm Initiating Device”. A device connected to a Fire Alarm System that causes a trouble, supervisory and/or alarm signal to be initiated. Fire Alarm Initiating Devices could include: smoke, heat, flame, ionization, or photoelectric detectors, water flow, low air, low temperature, low water, or supervisory switches.
(32) “Fire Alarm System”. A system or portion of a combination system that consists of components and circuits arranged to monitor and annunciate the status of the fire alarm or supervisory signal-initiating devices to activate notification appliances throughout the protected premises and to initiate the appropriate response to those signals.
(33) “Fire Control System”. A system designed and constructed with the intent of controlling or limiting a fire. Fire Control Systems may be automatic or non-automatic. Fire Control Systems could include Automatic Fire Sprinkler Systems, standpipe systems, chemical agent systems, fire hydrants and/or any other system acceptable to the AHJ.
(34) “Fire Department Connection (FDC)”. A part of a sprinkler, standpipe, deluge and/or combination system to be used by the Fire Department to supply additional water or pressure into the system(s) it is connected to.
(35) “Fire Door Assembly”. Any combination of a fire rated door, frame, hardware, and other accessories that together provide a certain degree of fire protection to the opening.
(36) “Fire Pumper Pad”. A designated fire apparatus only parking site.
(37) “Fire Resistive”. That property of materials or their assemblies that prevents or retards the passage of excessive heat, hot gases or flame under conditions of use. Materials are tested as prescribed in Section 703 of the Wisconsin Enrolled Building Code.
(38) “Firewall”. A fire wall shall be of any approved noncombustible material and shall have sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall for the duration of time indicated by the required fire-resistance rating.
(39) “Floor Area or Square Footage of a Building”. Refers to the total square footage of the sums of all basements, floor levels, balconies and mezzanines.
(a) The area for basements and floor levels shall be measured from the outside perimeter of the outside walls.
(b) The area for mezzanines shall be determined from the product of the length of the mezzanine multiplied by the width of the mezzanine.
(c) For the purpose of determining square footage, fire division walls will not be accepted as outside walls or area dividers.
(d) Buildings that are in close proximity to each other will have their building square footage added together to arrive at the total square footage. For the purpose of determining close proximity the following will hold true:
1. Single story buildings: Thirty (30) feet apart or less.
2. Two story buildings: Sixty (60) feet apart or less
3. Three story buildings: Sixty (60) feet apart or less.
4. All other multiple story buildings: Sixty (60) feet apart.
5. Buildings of variable height next to each other: Thirty (30) feet apart or less.
(e) For the purpose of determining square footage a Fire Wall which has a fire resistance rating of not less than four hours and which subdivides or separates a building to restrict the spread of fire, including a three foot parapet wall is an approved area divider.
(40) “Floor, Ground”. That level of a building on a sloping or multilevel site which has a floor line at or not more than three feet above exit discharge grade for at least ½ of the required exit discharges.
(41) “Frequenter”. Means every person, other than an employee, who may go in or be in a place of employment or public building under circumstances which render such person other than a trespasser. Such term includes a pupil or student when enrolled in or receiving instruction at an educational institution.
(42) “Grade Plane”. A reference plane representing the average of finished ground level adjoining the building exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
(43) “Height, Building”. The vertical distance from the Grade Plane to the average height of the highest roof surface.
(44) “Hazardous Group H”. Group H occupancy includes, among others, the use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those found in Tables 307.7(1) through 307.7(4) of the International Building Code.
(a) H-1 Buildings and structures which contain materials that poses a detonation hazard.
(b) H-2 Buildings and structures which contain materials that pose a deflagration hazard or a hazard from accelerated burning.
(c) H-3 Buildings and structures which contain materials that readily support combustion or pose a physical hazard.
(d) H-4 Buildings and structures which contain materials that are health hazards.
(e) H-5 Semiconductor fabrication facilities and comparable research and development areas in which hazardous production materials are used and the aggregate quantity of materials is in excess of those listed in Tables 307.7(1) and 307.7(2) 0f the International Building Code.
(45) “Institutional Group I”. Group I occupancy includes, among others, the use of a building or structure, or a portion thereof, in which people having physical limitations because of health or age are harbored for medical treatment or other care or treatment, or in which people are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. Institutional occupancies are classified as I-1, I-2, I-3 or I-4, as described in the International Building Code.
(46) “Listed”. A nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or materials meet nationally recognized standards or has been tested and found suitable for use in a specified manner.
(47) “Manual Fire Alarm System”. A system or portion of a combination system that consists of components and circuits arranged to initiate the Notification Appliances and appropriate response to those signals only after a person manually activates the fire alarm system.
(48) “Mercantile Group M”. Group M occupancy includes, among others, building and structures or a portion thereof, for the display and sale of merchandise, and involves stock of goods, wares or merchandise incidental to such purposes and accessible to the public.
(49) “Mezzanine or Mezzanine Floor”. An intermediate level or levels between floor and ceiling of any story with an aggregate floor area of not more than one-third of the area of the room or space in which the level or levels are located.
(50) “Miscellaneous Group U”. Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy.
(51) “NFPA”. The National Fire Protection Association.
(52) “Noncombustible Materials”. A noncombustible material is one which, in the form in which it is used, meets one of the requirements listed below. Materials used adjacent to or in contact with heat producing appliances, warm air ducts, plenums and chimneys shall be classified as noncombustible only on the basis of requirement (a). Noncombustible does not apply to the flame-spread characteristics of interior finish or trim materials. No material shall be classified as noncombustible building construction material, which is subject to increase in combustibility or Flame-Spread Classification (FSC) beyond the limits herein established through the effects of age, moisture or other atmospheric conditions. (See flame spread rating in WI. Adm. Code.)
(a) Materials which pass the test procedure of ASTM E-136 for non-combustibility of elementary materials when exposed to a furnace temperature of 1,382° F for a minimum period of five minutes and do not cause a temperature rise of the surface or interior thermocouple in excess of 54° F above the furnace air temperature at the beginning of the test and which do not flame after exposure of thirty (30) seconds.
(b) Materials having structural base of noncombustible material as defined in par. (a), with a surfacing not more than 1/8” thick which has a Flame-Spread Classification (FSC) not greater than fifty (50) when tested in accordance with the method of test for surface burning characteristics of building materials (ASTM E-84).
(53) “Notification Appliance”. A fire alarm system component such as a bell, horn, speaker, light, or text display that provides audible, tactile, visible outputs, or any combination thereof.
(54) “Occupant(s)”. The person or persons, who physically reside, work or are present in a facility.
(55) “Other Terms”. Other terms not defined herein used in this section shall be as defined in the International Fire Code section 202 and are adopted herein by reference.
(56) “Owner”. Includes his duly sworn agent or attorney, a purchaser, devisee, fiduciary or person having a vested or contingent interest in the property in question.
(57) “Protected Premises”. The structure or occupancy protected by a Fire Alarm System.
(58) “Remodel”. To renovate or alter the structure or style of a building or, to change any building or structure which affects the structural strength, fire hazard, internal circulation, or exits of the existing building or structure. This definition does not apply to maintenance, re-roofing, or alterations to the heating and ventilating or electrical system.
(59) “Residential Group R”. Group R occupancy includes, among others, the use of a building or structure, or portion thereof, for sleeping accommodations when not classed as an Institutional Group I.
R-1: Residential occupancies where the occupants are primarily transient in nature (less than 30 days).
R-2: Residential occupancies containing more than two dwelling units where the occupants are primarily permanent in nature.
R-3: Residential occupancies where the occupants are primarily permanent in nature and not classified R-1, R-2 or I, and where buildings do not contain more than two dwelling units, or adult and child care facilities, that provide accommodations for five or fewer persons of any age for less than twenty-four (24) hours.
R-4: Residential occupancies shall include buildings arranged for occupancy as Residential Care/Assisted Living Facilities including five but not more than 16 occupants, excluding staff.
(60) “Roof Spaces”. Buildings with combustible roofs shall have all roof spaces subdivided every 3000 square feet by one-hour rated partitions unless protected by an approved automatic fire sprinkler system. All openings must have a minimum of a one-hour rated self-closing door.
(61) “Rooming House”. Any building, which has a sleeping room or rooms for rent, without permanent provisions for cooking. Rooming House rooms do not include any room in a one or two-family dwelling.
(62) “Row House”. A place of abode arranged to accommodate three or more attached side-by-side or back-to-back living units.
(63) “Spacing”. A measured dimension relating to the allowable coverage limits of fire detectors, automatic sprinkler systems, and fire alarm visual notification devices.
(64) “Storage Group S”. Group S occupancy includes, among others, the use of a building or structure, or portion thereof, for storage that is not classed as Hazardous Group H.
S-1(Moderate-Hazard Storage) Buildings occupied for storage uses which are not classified
as S-2
S-2 (Low-Hazard Storage) Building used for storage of noncombustible material such as
products on wood pallets or in paper cartons with or without single thickness divisions or in
paper wrappings. Such products may have negligible amount of plastic trim such as knobs,
handles, or film wrapping.
(65) “Story”. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. To determine the number of stories in a building, all floors will be counted whether they are above grade or below grade, including basements, sub-basements, and ground floors, but not including penthouses or mezzanines less than one-third (1/3) of a story.
(66) “Temporary”. A period of time less than one hundred-eighty (180) days.
(67) “Throughout”. For the purpose of this code, throughout shall mean the following:
(a) Throughout for automatic fire sprinkler systems means providing fire sprinkler protection in all areas of a structure as required by NFPA 13.
(b) Throughout for automatic fire alarm systems means installing detection, audible and visual notification devices in all areas of the protected premises installed in accordance with NFPA 72.
(c) Throughout for manual fire alarm systems means installing audible and visual notification devices in all areas of the protected premises installed in accordance with NFPA 72.
(68) “Truss Type Construction” Shall mean a fabricated structure of wood or steel, made up of a series of members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own. Truss type construction shall include:
(a) Individual wind or seismic bracing components which form triangles when diagonally connected to the main structural system; and
(b) Structural components that utilize solid plate web members.
(69) “Welfare”. Includes comfort, decency and moral well-being.
15.202 ADOPtion of Wisconsin DEPARTMENT of commerce Codes
(1) the most current legislatively enacted versions by the State, on the effective date of this Code shall apply.
(a) COMM 5 Licenses, Certification and Registration
(b) COMM 7 Explosive Materials
(c) COMM 9 Manufacture of Fireworks
(d) COMM 10 Flammable and Combustible Liquids
(e) COMM 14 Fire Prevention
(f) COMM 16 Electrical
(g) COMM 18 Elevator Code
(h) COMM 28 Smoke Detectors
(i) COMM 40 Gas Systems
(j) COMM 45 Mechanical, Refrigeration
(k) COMM 61-65 Enrolled Commercial Building Code
(l) COMM 70 Historic Buildings
(m) COMM 75-79 Existing Buildings
(n) COMM 95-98 Manufactured Homes
(2) Any violation of the incorporated provisions constitutes a violation of this code.
(3) In cases of conflict between Local and State Codes, the most restrictive provisions shall govern.
15.203 Adoption by Reference NFPA PUBLICATIONS
The latest NFPA publications published on or before the effective date of this Code are adopted by reference, enforced and incorporated into this Code as if fully set forth herein:
(1) NFPA 1 Uniform fire Code (applies only to the use, maintenance, operation and testing), 2003 edition
(2) NFPA 10 Standard for Portable Fire Extinguishers, 2002 edition
(3) NFPA 11 Standard for Low-, Medium- and, High-Expansion Foam, 2002 edition
(4) NFPA 12 Standard on Carbon Dioxide Extinguishing Systems, 2000 edition
(5) NFPA 13 Standard for the Installation of Sprinkler Systems, 2002 edition
(6) NFPA 13D Sprinkler Systems in One and Two-Family Dwellings and Manufactured Homes, 2002 edition
(7) NFPA 13R Sprinkler Systems in Residential Occupancies up to and Including four Stories in Height, 2002 edition
(8) NFPA 14 Standard for the Installation of Standpipes, Private Hydrant, and Hose Systems, 2003 edition
(9) NFPA 15 Standard for Water Spray Fixed Systems for Fire Protection, 2001 edition
(10) NFPA 16 Standard for the Installation of Foam-Water sprinkler and Foam-Water Spray Systems, 2003 edition
(11) NFPA 17 Standard for Dry Chemical Extinguishing Systems, 2002 edition
(12) NFPA 17A Standard for Wet Chemical Extinguishing Systems, 2002 edition
(13) NFPA 20 Standard for the Installation of Stationary Pumps for Fire Protection, 2003 edition
(14) NFPA 22 Standard for Water Tanks for Private Fire Protection, 2003 edition
(15) NFPA 24 Standard for the Installation of Private Fire Service Mains and their Appurtenances, 2002 edition
(16) NFPA 25 Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 2002 edition
(17) NFPA 30 Flammable and Combustible Liquids Code, 2003 edition
(18) NFPA 30B Code for the Manufacture and Storage of Aerosol Products, 2002 edition
(19) NFPA 33 Standard for Spray Application Using Flammable or Combustible Materials, 2003 edition
(20) NFPA 45 Standard on Fire Protection for Laboratories Using Chemicals,
2004 edition
(21) NFPA 72 National Fire Alarm Code, 2002 edition
(22) NFPA 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 2004 edition
(23) NFPA 230 Standard for Fire Protection of Storage, 2003 edition
(24) NFPA 303 Fire Protection Standards for Marine and Boatyards, 2000 edition
(25) NFPA 307 Standard for the Construction and Fire Protection for Marine Terminals, Piers, and Wharves, 2000 edition
(26) NFPA 430 Code for the storage of Liquid and Solid Oxidizers, 2004 edition
(27) NFPA 704 Standard System for the Identification of the Hazards of Materials for Emergency Response, 2001 edition
(28) NFPA 750 Standard on Water Mist Fire Protection Systems, 2003 edition
(29) NFPA 850 Recommended Practice for Fire Protection for Electric Generating Plants, 2000 edition
(30) NFPA 1123 Code for Firework Display, 2000 edition
(31) NFPA 2001 Standard on Clean Agent Fire Extinguishing Systems, 2004 edition
15.204 LIABILITY FOR DAMAGES
The Code shall not be construed to affect the responsibility of any persons owning, operating, or installing equipment, for injury to persons or damage to property caused by any defect therein, nor shall the Municipality, any person, firm, company or agent(s) for the Municipality be held as assuming such liability by reason of any inspection or re-inspection authorized herein or the permit issued herein provided or by reason of the disapproval or approval of any equipment and/or system authorized herein.
15.205 SERVICE OF CORRECTION ORDERS
(1) The service of correction orders shall be made upon the owner. A copy of the service order can be delivered personally to the owner or by leaving it with the person in charge of the premises. Whenever it may be necessary to serve such order upon the owner of the premises, such an order may be served either by delivering to and leaving with the person a copy of the order, or if such owner is absent from the jurisdiction, by mailing such a copy to the owners last known post office address.
(2) Conditions that are hazardous to life or safety of the occupants shall require immediate correction. All other violations shall be corrected within a specified time or date, as the AHJ shall determine.
(3) When the owner of any property or person in apparent control of the property is issued an order by the AHJ and fails to comply with the order, the Municipality may perform the work ordered and the cost of such work shall constitute a special assessment against the property upon which the work is completed and shall be levied against such property pursuant to WI. ss. 66.66(16) (a).cr. 9/15/92, 1518.
(4) No person shall refuse to permit or shall prevent or interfere with any entry into or upon any building or premise by the AHJ who is lawfully on the premises or interfere with any such inspection. If consent to enter onto personal or real properties which are not public buildings, or to portions of public buildings which are not open to the public, has been denied, the Fire Inspector shall obtain a special inspection warrant under WI. ss. 66.123.
15.206 VARIANCES
(1) The AHJ shall have the power to modify any of the provisions of this code upon application in writing by the owner or occupant, or a duly sworn authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done.
(2) The AHJ thereon shall enter upon the records of the Department, and a signed copy shall be furnished to the applicant the particulars of such variances when granted
(3) The AHJ may require tests as proof of compliance with the intent of this code. Such tests are to be made by an approved agency at the expense of the person requesting approval of the alternate material or method of construction.
(4) If technical expertise is unavailable within the Municipality because of new technology, process, products, facilities, materials and uses attending design, operation or use of a building or premises subject to the inspection of the Municipality, the AHJ may require the owner or the person in possession or control of the building or premises to provide without charge to the Municipality, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety organization, acceptable to the AHJ and the owner, and shall analyze the fire safety properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon, and prescribed the necessary recommended changes. The AHJ may also acquire technical assistance from a consultant and may charge a fee to the owner or occupant for the service provided.
15.207 REVOCATION
(1) The AHJ may revoke any permit issued in accordance with this code in any case where they may find that any of the conditions for the issuance have not been maintained or where there has been false statement or misrepresentation of any material fact in the application or plans on which the issuance was based.
(2) The AHJ shall promptly notify the permit holder of the request for revocation and, if so requested by the permit holder, the effective date of the revocation shall be deferred pending a hearing before the Chief of the Fire Department. The decision of the Chief for revocation, following the hearing, shall be final.
15.208 CLOSING AND VACATING BUILDINGS
(1) The AHJ may order compliance with this section and all other lawful orders or laws relating to fire prevention and fire protection in existing building and structures.
(2) Where the public is exposed to immediate danger, the AHJ shall order the closing and vacating of the building at once.
15.209 INVESTIGATION OF FIRES/POLICE POWERS
(1) The Fire Department shall investigate the cause and origin, and circumstances of fires occurring within their jurisdiction to determine if the fire is of carelessness or design. Such investigations may begin immediately upon the occurrence of such a fire, and if it appears to the Officer making such an investigation that such fire is of suspicious origin and of a significant nature, the Fire Chief shall be notified of the facts. The AHJ 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. A member of the fire investigation team shall file a written report of damage associated with every fire in a timely manner. It shall contain a statement of all facts relating to the cause and origin and circumstances of such fire and other information as may be required.
(2) The Municipal Attorney and any other Department of the Municipality, upon the request of the Fire Chief, shall assist in the investigation of any fire that, in the Chief’s opinion, is of suspicious origin.
(3) The Fire Chief, Officers in Command and the Fire Inspector at any fire are hereby vested with full and complete police authority. Any Officer of the Fire Department may cause the arrest of any person failing to give the right-of-way to the Fire Department in responding to or investigating an incident.
(4) The Fire Chief or Officers in Command may prescribe certain limits in the vicinity of any incident within which no persons, excepting Firefighters and Police Officers and those admitted by order of any Officer of the Fire Department, shall be permitted to enter.
(5) The Fire Chief or Officers in Command shall have the power to cause the removal of any property whenever it is deemed necessary and prudent for the preservation of such property. During the progress of any fire, they shall have the power to cause the removal of all wires or other facilities and the turning off of all electricity or other services where the same impedes work of the Fire Department during the progress of fire.
(6) It shall be lawful for any Fire Department personnel while acting under the direction of the Fire Chief or Officer in Command to enter premises adjacent to or in the vicinity of a building or other property that is on fire for the purpose of extinguishing, containing, or searching for extension of such fire or other exigent circumstances. No person shall hinder, resist or obstruct any Firefighter in the discharge of his duties as is herein before provided. The person so offending shall be deemed guilty of resisting Firefighters in the discharge of their duties.
(7) During the progress of fire the Fire Chief or Officers in Command shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire or to ensure that the fire has not extended to other areas; providing that it is likely that, unless such property is removed, other property is in danger of being destroyed by fire.
15.210 AUTOMATIC FIRE SPRINKLER PrOTECTION
(1) INTENT. The intent of this section is to require the installation of Automatic Fire Sprinkler Systems to improve the protection of life and property within the Municipality. It will establish a minimum standard for fire safety through the standardization of the design, installation, testing and maintenance requirements for automatic fire sprinkler suppression.
(2) INSTALLATION REQUIRED. An Automatic Fire Sprinkler System shall be installed in all structures where the floor area exceeds the thresholds established in Table 15-210(2) of the specific occupancy involved. For the purpose of determining square footage as it relates to the sprinklering of a building, firewalls shall not be considered unless they comply with section 15.201 (38).
Table 15-210 (2)
|