ORD20061223.
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1223
AN ORDINANCE REPEAL AND RECREATE CHAPTER 32
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Fire Prevention Code)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1: Chapter 32 is hereby repealed and recreated and made a part of the
Municipal Code of the City of Muskego as adopted by Ordinance #1223.
SECTION 2: A copy of said Ordinance has been on file in the Office of the City Clerk-
Treasurer and open to public inspection for not less than two weeks prior to the date of
this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of
the City.
SECTION 3: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms conflict with the
provisions of this ordinance an3 hereby repealed as to those terms that conflict.
SECTION 4: This ordinance is in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 11th DAY OF APRIL ,2006
CITY OF MUSKEGO'Î
t.:~ i. .
tL ~., i
Charles H. Dam
ATTEST:
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First Reading: 3/28/2006
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Published on the 20th day of April, 2006
Recommended by Public Works Committee
Ald. Chris Buckmaster
Ald. Bob Melcher
Ald. Neil Borgman
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1223
AN ORDINANCE REPEAL AND RECREATE CHAPTER 32
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Fire Prevention Code)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do
ordain as follows:
SECTION 1: Chapter 32 is hereby repealed and recreated to read as follows:
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Ordinance #1223 Page 2
FIRE PREVENTION CODE
32.01
GENERAL PROVISIONS
A. INTENT: It is the purpose of this code to provide the Municipality with rules and
regulations to improve public safety by promoting the control of fire hazards and
life safety; regulating the installation, use and maintenance of equipment;
regulating the use of structures, occupancies and open areas; providing for the
removal of fire hazards; establishing the responsibilities and procedures for code
enforcement; and to set the minimum standards for compliance and achievement
of these objectives.
B. SCOPE::
a. GENERAL: The provisions of this code shall apply to all public buildings
and places of employment.
b. EXEMPT BUILDINGS: 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 2- family dwellings. Exceptions: Sec. 1-16 of this
fire prevention code.
2. Buildings used exclusively for farming as described in
s.102.04(3), Stats.
C. APPLICATIONS:
a. The provisions of this code shall apply equally to public and private
property, they shall apply to all structures whether existing or new and
they shall apply to the owner of the property as well as the occupant.
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. EXCEPTIONS: 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.
D. PLAN SUBMITTAL: Any time that an Automatic Fire Protection System is
installed, altered, added on to, or has appliances removed, plans shall be
submitted to the AHJ for review and conditional approval.
E. REVIEW OF PLANS:
Ordinance #1223 Page 3
. a. All plans for Automatic Fire Protection Systems must meet or exceed state
of Wisconsin COMM and applicable NFP A requirements and shall be
submitted for review to the Fire Department Bureau of Fire Prevention
prior to the installation of the equipment.
b. All plan reviews are based on information provided. All plan reviews are
done for general code compliance only. This plan review does not relieve
or limit the responsibility and/or liability of the fire protection contractor,
architect, engineer, designer or any other responsible party for the
protection systems(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
Fire Protection System(s) indicated on the plans reviewed.
F. PERMIT REQUIRED: Any time that an Automatic Fire Protection System is
installed in new construction or altered in existing occupancies a permit must be
obtained prior to the start of installation. Permits will only be issued after the
required Automatic Fire Detection and/or Extinguishing System plans and/or
specifications have been reviewed and conditionally approved by the AHJ.
G. ADDITIONS TO, CHANGE OF USE OR REMODELED BUILDINGS:
. a. If fifty percent (50%) 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 percent to forty-nine percent (25% - 49%) 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. Ifless than twenty-five percent (25%) of the total floor area of a building
is remodeled and/or added, the requirements in this Fire Prevention Code
need not be provided unless the area includes dwelling units. If the total
floor area includes dwelling units, that part ofthe building which is
remodeled and/or added shall be brought into compliance with this code.
d. All percentages of additions or remodeling shall be additive as applied to
a), b), c) above.
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H. RIGHT OF ENTRY: The AHJ may, at all reasonable hours enter any building or
premises, except the interior of private dwellings within their jurisdiction for the
purposes of making any inspection or investigation which, under the provision of
this subchapter they shall deem necessary. The owner or occupant of any
premises, who refuses to permit, prevents or interferes with entry into or upon the
premises by any inspeetor shall be guilty of violating this chapter and shall be
subject to fines.
Ordinance #1223 Page 4
. a. The AJH shall inspect, or cause to be inspected, all buildings and
premises, except interiors of dwelling units (not including rooming
houses) as often as may be necessary, but not less than once a year for the
purpose of asct:rtaining and causing to be corrected any conditions liable
to cause fire, or any violations of the provisions or intent of this
subchapter and any other code affecting the fire hazard and to insure
compliance in all phases of assembly with all laws, regulations and orders
dealing with over crowding, use of decorativt: materials, maintenance of
exit ways and maintenance of fire alarm and fire detection systems, and
fire extinguishing systems and appliances.
b. The ARJ, upon the complaint of any person or whenever they shall deem
necessary, shall inspect any building and premises within their
jurisdiction.
1. ENFORCEMENT: The Fire Chief shall enforce the Fire Prevention Code.
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a. Whenever any Officers, Members or Inspectors of the Fire Departments
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 ARJ.
2. Hazardous conditions arising from defective or improperly
installed equipment for handling or using flammable,
combustible or explosive material as determined by the ARJ.
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 waster materials in air
conditioning systems, exhaust ducts or hoods.
5. Obstructions including snow to lOr in fire escapes, stairs,
passageways, doors, or windows, liable to interfere with the
operation of the Fire Department or egress of occupants in
case of fire.
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, or from any cause, cæates a fire hazard.
J. OCCUPANCY CHANGE:
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a) Whenever then: is a change in occupancy or the agent(s) (manager, shift
supervisor, after hour's emergency contact, etc.) of that 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:
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Ordinance #1223 Page 5
1. Name of occupancy
2. Address of occupancy
3. Owners name, address and phone number(s)
4. Agents name, address and phone number(s)
5. Other information as required by the AHJ
b) Whenever a change in the service company for the alarm system have
occurred within the occupancy, the owner or authorized agent shall submit
the changes in writing to the Police Department and Fire Department
within 5 working days. The information shall consist of the following:
1. All information within Sec. 1-1(8)a
2. Type of fire protection system
3. Service company name, address and phone number(s)
32.02
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 ofa 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 4 or
more adults, for care ~md supervision, for less than 24 hours a day.
(3) "Adult Family Home"'. Similar to a CBRP except that they are licensed for five
or less tenants.
(4) "Approved". Acceptable to the code official.
(5) "Approval". Approval by the Chief of the Fire Department or Inspector/Fire
Officer of the Bureau of Fire Prevention, in accordance with the provisions of
this code, as applied to material, device or mode of construction.
(6) "Approved Agency". An agency accepted or acceptable to the Bureau of Fire
Prevention, such as Underwriters Laboratories, Inc., the National Bureau of
Standards, the American Gas Association laboratories or other nationally
recognized testing authorities.
(7) "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 50 persons and accessory to another occupant shall be
included as a part of that occupancy. Assembly occupancies shall include the
following:
a) A-I 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.
Ordinance #1223 Page 6
. 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. Assembly Occupancy shall be designated as adopted by
reference in NFPA 101 7.3.1 CAPACITY AND MEANS OF EGRESS,
and all relational sub-sections, for determining capacity.
(8) "Automatic Fire Detector". A device designed to detect specific products of fire
- smoke, heat or both.
(9) "Authority Having Jurisdiction" (AHJ). Shall be the: Fire Chief, or designee of
the Fire Chief to enforce this Fire Prevention 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 procedure as
outlined in NFP A Standards, Codes and/or Recommended Practices.
(10)"Automatic Closing Device". Means one 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.
(11)"Automatic Fire Alarm System". A system, which automatically detects fire
conditions, and actuatles Notification Appliances throughout the protected
premises.
(12)"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 fire.
(13)"Automatic Sprinkler System". An integrated system of underground 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.
(14)"Basement". That portion of a building that is partly or completely below grade
plane. A basement shall be considered as a story above grade plane where the
finished surface of the floor above the basement is:
a) More than six (6) feet above grade plane;
b) More than six (6) feet above finished ground level for more than 50% of
the total building perimeter; or
c) More than twelve (12) feet above finished ground level at any point.
(15)"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 Chief.
(16)"Boarding House". A building arranged or used as lodging for compensation,
with or without meals, not occupied as a single-family unit.
(17)"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.
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Ordinance #1223 Page 7
. (18)"Ceiling". The upper surface ofa space, regardless of height. Areas with a
suspended ceiling would have two ceilings, one visible from the floor, and one
above the suspended ceiling.
(19)"Combustible Materia.l", All material not classified as "noncombustible" are
considered combustible. This property of a material does not relate to ability to
structurally perform under fire exposure. The degree of combustibility is not
defined by standard fire test procedures.
(20)"COMM". Department of Commerce,
(21)"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.
(22)"Community Based Residential Facility CGRF", A community facility where
five (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 three hours of nursing care per week per resident.
(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 anyone time for compensation
4 or more children under the age of 7 years, for care and supervision, for less than
24 hours a day or more than 10 days a month, without the attendance of a parent,
relative or legal guardian.
(25)"Dwelling or Dwelling Unit". A single unit providing 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 hotels and motel rooms,
guest suites, dormitories, boarding rooms, or sleeping rooms in nursing homes.
a) Single Family Dwelling. A detached building containing only one
dwelling unit and designed for one family
b) Two Family Dwelling. A detached building containing not more than two
individual dwelling units which are entirely separated by vertical walls or
horizontal floors, unpierced 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 anyone time
for educational purposes through the I zth grade.
(27)"Factory Industrial Group F". Group F occupancy includes, among others, the
use of a building or structure, or a portion thereof, for assembling, disassembly,
fabricating, finishing, manufacturing, packaging, repair or processing operations
that are not classified as Group H occupancy.
a) F-I Moderate -- Hazard occupancy.
b) F-2 Low-Hazard occupancy.
(28)"False Alarm". The willful and knowing initiation or transmission of a signal,
message or other notification of an event of fire when no such danger exists.
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Ordinance #1223 Page 8
. 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 alann device.
c) Good Intent False Alarm. An alarm that turns out to be false but was
reported in good faith.
(29)"Family Unit". 2 or more individuals who are related to each other by blood,
marriage, adoption or legal guardianship. For purposes of this abode 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 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.
(31 )"Fire Door Assembly". Any combination of a fire door, frame, hardware, and
other accessories that together provide a certain degree of fire protection to the
openmg.
(32)"Fire Pumper Pad". A designated fire apparatus only parking site, out of the
building collapse zone:, and within forty )40) feet of the Fire Department
Sprinkler Connection and within forty (40) feet of the fire sprinkler designated
fire hydrant. Access to the Fire Pumper Pad shall be maintained at all times.
(33)"Fire Street" This is where fire department equipment will park. This space must
extend 50% the length of the building and include the area for the FDC. This fire
street must be an unobstructed width of twenty-six (26) feet with the road edge
closest to the building at least 10 feet from building
(34)"Fire Resistive". Thall type of construction in which the structural components,
including walls, partitions, columns, floor, and roof construction are of
noncombustible materials with fire resistant ratings not less than those specified
in COMM 51.03, WI. Admin. Code.
(35)"Firewall".
a) A fire-resistance-rated wall having protected openings, which restricts the
spread of fire and extends continuously from the foundation to or through
the roof, with sufficient structural stability under fire conditions to allow
collapse of construction on either side without collapse of the wall.
b) For the purpoS(~ of determining square footage as it relates to the
sprinklering of a building, firewalls shall not be considered area dividers.
1. EXCEPTION: Firewalls without penetrations may be used
as a building divider.
(36)"Floor Area or Square: Footage of a Building". Refers to the total square footage
of the sums of all basement, 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 time's the width of the mezzanine.
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Ordinance #1223 Page 9
. 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.
1. For the purpose of determining close proximity the following
will hold true:
a. Single story buildings -- 30 feet apart or less.
b. Two story buildings - 60 feet apart or less.
c. Three story buildings -- 60 feet apart or less.
d. All other multiple story buildings - 60 feet apart.
e. Buildings of variable height next to each other - 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 (4) hours or greater and which
subdivides a building or separate buildings to restrict the spread of fire,
including a three (3) foot parapet wall is an approved area divider.
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(37)"Floor, Basement". Those levels were less that half the height between the floor
and ceiling is above the average level of the street, sidewalk or finished grade.
(38)"Floor, Ground". Tha.t level of a building on a sloping or multilevel site, which
has a floor line at or not more than 3-feet above exit discharge grade for at least
~ of the required exit discharges.
(39)"Grade Plane". A reference plane representing the average of finished ground
level adjoining the buill ding 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 thém six (6) feet from the building, between the building and a
point six (6) feet from the building.
(40)"Height, Building". The vertical distance from the Grade Plane to the average
height of the highest roof surface.
(41)"Hazardous Group H'-'. Group H occupancy includes, among others, the use ofa
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 Tabl,es 307.7(1) through 307.7(4)
of the International Building Code.
a) B-1 Buildings and structures which contain materials that poses a
detonation hazard.
b) B-2 Buildings and structures which contain materials that pose a
deflagration hazard or a hazard from accelerated burning.
c) B-3 Buildings and structures which contain materials that readily support
combustion or pose a physical hazard.
d) B-4 Buildings and structures which contain materials that are health
hazards. .
Ordinance #1223 Page 10
. e) H-5 Semiconductor fabrication facilities and comparable research and
development areas in which hazardous production materials are used and
the aggregate quantity of material is in excess of those listed in Tables
307.7(1) and 307.7(2) of the International Building code.
(42)"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 1-1,1-2,1-3, or 1-4, as described in the International
Building Code.
(43)"Listed". Means included in a list published by 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.
(44)"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 appropriates response to those signals only after a person
manually activates the fire alarm system.
(45)"Mercantile Group M"'. Group M occupancy includes, among others, building
and structures or a p0I1ion 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.
(46)"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 on-third of
the area of the room or space in which the level or levels are located.
(47)"Miscellaneous Group U". Buildings and structures of an accessory character
and miscellaneous stmctures 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.
( 48) "Multifamily"
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a.COMMON ENTRANCE TYPE - Building or portion there of
containing three or more dwelling units, such as tenements,
apartments or rooming houses.
b.PRN ATE ENTRANCE TYPE - Building or portion there of
containing 3 or more dwelling units such as rowhouses, single
family attached, townhouses and zero lot line construction.
c.ROWHOUSE - Means a place of abode not more than 3 stories
in height, arranged to accommodate 3 or more attached, side by
side or back to back units.
(49)"NFPA". The National Fire Protection Association.
(50)"Noncombustible Materials". A noncombustible material is one, which, in the
form in which it is use:d, meets one of the requirements listed below. Material
used adjacent to or in contact with heat producing appliances, warm air ducts,
Ordinance #1223 Page 11
. plenums and chimneys shall be classified as noncombustible only on the basis of
requirement (a). Nom:ombustible does not apply to the flame-spread
characteristics of interior finish or trim materials. No material shall be classed 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 defined non-
combustibility of elementary materials when lexposed to a furnace
temperature of 1,382F for a minimum period of 5 minutes, and do not
cause a temperature rise of the surface or interior thermocouple in excess
of 54F above the furnace air temperature at the beginning of the test and
which do not flame after exposure of 30 seconds.
b) Materials having structural base of non-combustible material as defined in
par. (a) with a surfacing not more than 118" thick which has a flame spread
classification (FSC) not greater than 50 when tested in accordance with
the method of test for surface burning characteristics of building materials
(ASTM E-84).
(51)"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.
(52)"Occupant(s)". The person or persons, who physically reside, work or are
present in a facility.
(53)"Other Terms". Other terms not defined herein used in this section shall be as
defined in the International Fire Code section 202 arld are adopted herein by
reference.
(54)"Owner". Includes his duly sworn agent or attorney, a purchaser, devisee,
fiduciary or person having a nested or contingent interest in the property in
question.
(55)"Protected Premises". The physical location protected by a Fire Alarm System.
(56)"Public Building". Means and includes any structure, including exterior parts of
such building, such as a porch, exterior platform or steps providing means of
ingress and egress, uSled in whole or in part as a place of resort, assemblage,
lodging, trade, traffic, occupancy, or use by the public or by three or more tenant.
(57)"Remodel". To remodel or alter, or both, means 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.
(58)"Residential Group R". Group R occupancy includes, among others, the use ofa
building or structure, or portion thereof, for sleeping accommodations when not
classed as an Institutional Group I.
a) R-I: Residentlal occupancies where the occupants are primarily transient
in nature.
b) R-2: Residential occupancies containing more than two dwelling units
where occupants are primarily permanent in nature.
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Ordinance #1223 Page 12
. c) 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
tàcilities, that provide accommodations for five or fewer persons of any
age for less than 24 hours.
d) R-4: Residential occupancies shall include buildings arranged for
occupancy as Residential Carel Assisted Living Facilities including five
but not more than 16 occupants, excluding staff.
(59)"Roof Spaces". Commercial, industrial, residential, governmental and
institutional buildings. Buildings with combustible roofs shall have all roof
spaces subdivided every 3,000 square feet by one-hour rated partitions unless
protected by an approved automatic fire sprinkler system. All openings must
have a minimum of one-hour rated self-closing door.
(60)"Rooming House". Means any building, which has a room or rooms for sleeping,
without permanent provisions for cooking. Rooming House rooms do not
include any room in a one or two family dwelling.
(61)"Row House". A place of abode arranged to accommodate 3 or more attached
side-by-side or back-to-back living unit.
(62)"Spacing". A horizontal measured dimension relating to all the allowable
coverage limits of fire detectors, automatic sprinkler systems, and fire alarm
visual notification devices.
(63)"Special fire resistive building" means multi-family (both private and common
entrance) type constructed, with a 2 hour fire wall between all common surfaces
(walls, floors and ceiling). Two (2) hour fire wall to extend through attic to under
side or roofing materials.
(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.
a) S-1: (Moderate-Hazard Storage) Buildings occupied for storage uses
which aren't classified as S-2.
b) S-2: (Low-Hazard Storage) Buildings 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
wrappmg.
(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.
(66)"Theater". All buildings or parts thereof containing an assembly hall having a
stage or which is otherwise adaptable to the showing of plays, operas, motion
pictures or similar forms of entertainment.
(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 NFP A 13.
.
.
Ordinance #1223 Page 13
b) Throughout for automatic fire alarm systems means providing detection,
audible and visual notification devices in all areas of the protected
premises instaHed in accordance with NFP A 72.
c) Throughout for manual fire alarm systems means providing audible and
visual notificatilon devices in all areas of the protected premises installed
in accordance with NFPA 72.
.
32.03
ADOPTION OF DEPARTMENT OF COMMERCE FIRE PREVENTION
REGULATIONS
A. The most current legislatively enacted versions by the State will be enforced.
Any changes in code numbering and the most recent update to the state building
codes will be automatically adopted by this code.
.
a. COMM5
b. COMM7
c. COMM9
d. COMM 10
e. COMM 14
f. COMM 16
g. COMM 18
h. COMM28
1. COMM40
J. COMM45
k. COMM 61-65
1. COMM 70
m. COMM 75-79
n. COMM 95-98
o. Chapter 101
Licenses, Certification and Registration
Explosive Materials
Manufacture of Fireworks.
Flammable and Combustible Liquids
Fire Prevention
Electrical
Elevator Code
Smoke Detectors
Gas Systems
Mechanical, Refrigeration
Enrolled commercial Building Code
Historic Buildings
Existing buildings
Manufactured Homes
Regulation of Industry, Buildings, and Safety
B. Any violations of the incorporated provisions constitutes a violation of this code.
C. In cases of conflict between Local and State Codes, the most restrictive provisions
shall govern.
32.04
ADOPTION BY REFERENCE NFPA PUBLICATIONS
The following NFP A publications are adopted by reference and will be enforced and
incorporated into this Fire Prevention Code as if fully set forth herein.
(1) NFPA 1 Fire Prevention Code (applies only to the use, maintenance,
operation and testing).
Standards for Portable Fire Extinguishers
Standards for Low-Expansion Foam
Standards for Carbon Dioxide Extinguishing Systems
Standard for the Installation of Standpipes, Private Hydrant, and
Hose Systems
Standards for Water Spray Fixed Systems for Fire Protection
(2) NFPA 10
(3) NFPA 11
(4) NFPA 12
(5) NFPA 14
. (6) NFPA 15
Ordinance #1223
. (7) NFPA 16
(8) NFPA 17
(9) NFPA 17A
(10) NFPA 20
(11) NFPA 22
(12) NFPA 24
(13) NFPA 25
(14) NFPA 30
(15) NFPA 30B
(16) NFPA 33
(17) NFPA 45
(18) NFPA 72
(19) NFPA 96
.
(20) NFP A 230
(21) NFPA 291
(22) NFP A 303
(23) NFPA 307
(24) NFP A 430
(25) NFP A 704
(26) NFPA 750
(27) NFPA 850
(28) NFPA 1123
(29) NFPA 2001
Page 14
Standards for the Installation of Foam-Water sprinkler and Foam-
Water Spray Systems
Standards for Dry Chemical Extinguishing Systems
Standards for Wet Chemical Extinguishing Systems
Standards for the Installation of Stationary Pumps for Fire
Protection
Standard for Water Tanks for Private Fire Protection
Standards for the Installation of Private Fire Service Mains and
their Appurtenances
Standards for the Inspection, Testing, and Maintenance of Water-
Based Fire Protection Systems
Flammable and Combustible Liquids Code
Code for the Manufacture and Storage of Aerosol Products
Standard for Spray Application Using Flammable or Combustible
Materials
Standard on Fire Protection for Laboratories Using Chemicals
National Fire Alarm Code
Standard for Ventilation Control and Fire Protection of
Commercial Cooking Operations
Standard for Fire Protection of Storage
Recommended Practice for Fire Flow Testing and Marking of
Hydrants
Fire Protection Standards for Marine émd Boat yards
Standard for the construction and Fire Protection for Marine
Terminals, Piers, and Wharves
Code for Liquid and Solid Oxidizers
Standard System for the Identification of the Hazards of Materials
for Emergency Response
Standard on Water Mist Fire Protection Systems
Recommended Practice for Fire Protection for Electric Generating
Plants
Code for Firework Display
Standard on Clean Agent Fire Extinguishing Systems
32.05
LIABILITY FOR DAMAGES
The subsection shall not be construed to affect the responsibility of any persons owning,
operating, or installing equipment, for damage to persons or 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 ofthe inspection or re-
inspection authorized herein or the permit issued herein provided or by reason of the
disapproval or approval of any equipment authorized herein.
.
32.06
SERVICE OF ORDERS
Ordinance #1223 Page 15
. A. The service of such orders may be made upon the owner, occupant or other
person responsible for the conditions. Either by delivering a copy of it personally
or by delivering the same to, and leaving it with the person in charge of the
premises. Whenever Ì1t 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 of
the AHJ making the order, by mailing such a copy to the owners last known post
office address.
B. If the building or other premises are owned by one person and occupied by
another under a lease or otherwise, the order issued in connection thereof, except
where the rules or orders require making of additions: to or changes in the
premises themselves, the rules or orders shall affect the owner and not the
occupant unless it is otherwise specified by written agreement between the owner
and occupant and said written agreement is filed with the AHJ.
C. Conditions that are highly hazardous, to life or safety of the occupants shall be
corrected immediately. All other violations shall be !Corrected within a specified
time or date, as the AHJ shall allow.
D. When the owner of any property subject to an order issued by the AHJ fails to
comply WITH THE ORDER, THE Municipality may do the work ordered and
the cost of such work shall constitute a special assessment against the property
upon which the work is done and shall be levied against such property pursuant to
the terms of Wisconsin Statute 66.66(16)(a). cr. 9/15/92, 1518.
E. No person shall refuse to permit or shall prevent or interfere with any entry into or
upon any building or premise by the AHJ or interfen:: with any such inspection. If
consent to entry to 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 Wisconsin Statute
66.123.
.
.
32.07
MODIFICATIONS
A. The AHJ shall have the power to modify any of the provisions of this Fire
Prevention Code upon application in writing by the owner or occupier, or a duly
sworn authorized agent, when there are practical difficulties in the way of
carrying out the strict Iletter of the code, provided that the spirit of the Code shall
be observed, public safety secured, and substantial justice done.
B. The particulars of such modifications when granted are allowed and the decision
of the AHJ thereon shall be entered upon the records of the Department and a
signed copy shall be furnished to the applicant.
C. 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.
D. 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
Ordinance #1223 Page 16
. control of the building or premises to provide without charge to the Municipality,
a technical opinion and report. The opinion and repost shall be prepared by a
qualified engineer, specialist. Laboratory or fire safety organization, acceptable to
the ARJ 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 and necessary recommended changes. The
department may also acquire technical assistance from a consultant and may
charge a fee to the owner or occupant for the service provided.
.
32.08
APPEALS
A. Whenever the ARJ shall disapprove an application or refuse a grant a permit
applied for, or when it is claimed that the provision of this code do not apply or
that the true intent and meaning of this Code has been misconstrued or wrongly
interpreted, the applic::mt may appeal the decision of the ARJ.
B. Such appeal shall be in writing, be accompanied with the fee and shall be filed
with the Chief of the Fire Department within 30 days from the date of the decision
of the ARJ.
C. The Chief of the Fire Department may affirm, reverse or modify the decision of
the Fire Inspector and shall make such orders as necessary under the
circumstances.
D. All appeals shall be in the form of a written notice served on the Fire Department
in which the questioned decision is fully stated. Such notice shall be immediately
transmitted to the Chief who shall arrange for a hearing on the particular issue
raised. The written notice of appeal shall be accompanied by the established fee
payable to the Fire Department. Such fee shall be retained by the Fire
Department and no refund of such fee or any portion thereof shall be granted,
regardless of the outcome of the appeal.
32.09
PENALTIES
Any person who violates any of the provisions of this Code, or who fails to comply with
any order made hereunder, or who builds in violation of any detailed statement of
specifications or plans submitted and approved hereunder, or any certificate or permit
herein from which no such appeal has been taken, or who fails to comply with such an
order as affirmed or modified by a court of competent jurisdiction within the time fixed
herein, shall for each and every violation and noncompliance be subject to the following:
A. Punishment by forfeiture by the Municipal Court.
B. Imposition of a penalty for each such violation shall not excuse the violation or
permit it to continue and such violations or defects shall be corrected or remedied
within a reasonable time. Each and every day that a violation of this code occurs
constitutes a separate offense.
.
32.10
REVOCATION
.
.
.
Ordinance #1223 Page 17
A. The AHJ may request from the Building Inspector the revocation of 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.
B. 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 of revocation, following the hearing, shall be final.
32.11
CLOSING AND VACATING BUILDINGS
A. The Fire Chief may order the compliance with this section and all other lawful
orders or laws relating to fire prevention and fire protection in existing building
and structures.
B. Where the public is exposed to immediate danger, the Fire Chief order closing
and vacating of the bulllding at once.
32.12
INVESTIGA nON OF FIRE/POLICE POWERS
A. 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
immediately notified of the facts. The Fire Chief or Fire Inspector 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.
B. The Municipal Attorney and any other Department ofthe 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.
C. 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.
D. 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.
E. The Fire Chief or Officers in Command shall have the power to cause the removal
of any property whem:ver it is deemed necessary and prudent for the preservation
of such property. During the progress of any fire, they shall have the power to
Ordinance #1223 Page 18
. 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.
F. 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. No person shall
hinder, resist or obstruct any Firefighter in the discharge of his duties as is
hereinbefore provided. The person so offending shall be deemed guilty of
resisting Firefighters in the discharge of their duties.
G. 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.
.
32.13
AUTOMATIC FIRE SPRINKLER PROTECTION
A. 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 the fire safety through the
standardization of the design, installation, testing and maintenance requirements
for automatic fire sprinkler suppression.
B. INSTALLATION REQUIRED. An automatic fire sprinkler system shall be
installed and maintained in full operating conditions, as specified for the
occupancy involved in the codes and standards listed here in the following
standards: NFPA 1, 13, 13R, 13D, 15, 16, 16A, 20, 22,24,25,30, 30A, 30B, 33,
45, 230 and 430.
.
OCCUPANCY TYPE 1 TYPE II TYPE III TYPE IV TYPE V
A-I 10,000 SF 8,000 SF 6,000 SF 5,000 SF 3,500 SF
A-2 10,000 SF 8,000 SF 6,000 SF 5,000 SF 3,500 SF
A-3 10,000 SF 8,000 SF 6,000 SF 5,000 SF 3,500 SF
A-4 10,000 SF 8,000 SF 6,000 SF 5,000 SF 3,500 SF
A-5 N/A N/A N/A N/A N/A
B 12,000 SF 10,000 SF 8,000 SF 6,000 SF 5,000 SF
E* ALL ALL ALL ALL ALL
F-l 10,000 SF 8,000 SF 7,000 SF 6,000 SF 4,000 SF
F-2 15,000 SF 12,000 SF 10,000 SF 8,000 SF 6,000 SF
H-l 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
H-2 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
H-3 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
H-4 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
H-5 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
1-1 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
1-2 ALL ALL ALL ALL ALL
Ordinance #1223 Page 19
. 1-3 ALL ALL ALL ALL ALL
1-4 ALL ALL ALL ALL ALL
M 15,000 SF 12,000 SF 10,000 SF 8,000 SF 6,000 SF
R-l 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
R-2 See Below r
R-3 See Below ~
R-4 ALL ALL ALL ALL ALL
S-1 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
S-2 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
U 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
Notes:
*Excludes single family home: day cares
* All occupancies not requiring sprinklers that have a basement must have a two-hour
ceiling in the basement
Variances may be granted, depending on occupancy load and alternative fire control
and/or suppression system and notification system installed. AHJ has sole authority to
grant variances.
.
a) In addition an automatic sprinkler system shall be installed in all:
1. Parking structures above and below ground with ceilings.
2. CBRF's (Community Based Residential Facilities).
3. Adult Family Homes.
4. In any basement that is occupied.
5. Throughout every building, new or existing, which by reason
of it's construction or combustible occupancy involves a life
hazard to its occupants or in the judgment of the AHJ
constitutes a fire menace.
b) Mini Warehouses and unattached multi-family parking garages.
1. Throughout all buildings provided that they contain:
1. Five thousand square feet lOr more in area on any floor
or exceeding two stories.
2. Any portion that the floor is below grade level.
c) Multifamily dwelling.
1. Multifamily Common Entrance:
1. Fire resistive buildings
(4 hour fire wall between units includes walls & floors)
a. Throughout in buildings 3 stories or more
b.Units less than 3 stories & less than 20 units will require
only the common areas to be sprinkled (halls, stairs and
basements)
. 2. Non-fire resistive buildings
a. Required throughout
Ordinance #1223 Page 20
. 3. Special fire resistive buildings
a. Basements, stairways and corridors
b. Units 3 stories or over, or over 20 units will require a
sprinkler system throughout the building
2. Multifamily Private Entrance and Rowhouses
1. Fire resistive buildings
(4 hour fire wall between units includes walls & floors)
a. Throughout in buildings 3 stories or more
2. Special fire resistive buildings
a. Units 3 stories and over more than 16 units will require a
sprinkler system throughout the building
b. Throughout in buildings 3 stories or more
3. Non-fire resistive buildings
a. Throughout buildings
.
d) Dormitories, fraternities and sorority houses.
1. Throughout all buildings.
e) When a sprinkler system is required by this chapter but not the
Department of Commerce, at a structure that is not currently serviced by a
municipal watt:r source:
1. An NFP A compliant sprinkler system shall be installed. The
following protection will constitute an approved automatic
sprinkler system. The system shall be installed and
connected to an approved water supply (well, pressurized
tank or fire pump), capable of delivering the required water at
the required pressure as determined by hydraulically
calculating the system demand in accordance with NFP A 13
for a period not less than 15 minutes for the most
hydraulically demanding area. A letter from a certified fire
protection engineer or a State of Wisconsin Permitted Fire
Protection Designer attesting the ability of the system to
comply with the above requirement shall be required prior to
oecupancy.
2. Within 90- days after a municipal water system becomes
available, the sprinkler system shall be connected to the
municipal water supply. The required user installed fire
hydrants if required will be installed at this time.
.
C. ALL AUTOMATIC FIRE SPRINKLER SYSTEMS SHALL;
a. Be monitored in accordance with NFP A 72.
Ordinance #1223 Page 21
. b. Have sprinkler control rooms located with adequate access for Fire
Department, Sprinkler Maintenance and Inspection personnel and shall not
be located within private dwellings with the exception ofNFPA 13D
systems.
c. Have direct aceess from the exterior to the sprinkler control valve as
determined by the AHJ.
d. Have working drawings prepared in accordance with NFP A 13 submitted
before a building permit can be issued.
e. Have a bell (minimum 10 inch) and Strobe located above the FDC in
accordance to NFP A 13. An additional strobe is required on the street side
of the building if the FDC is not located there:.
f. The FDC must be at least 40' from all gas me:ters, electrical meters and
transformers.
g. The FDC must include a Knox lock cover.
h. Be designed for the hazard being protected or as specifically specified in
this code and/or as directed by the AHJ.
1. All automatic fire sprinkler systems hydraulic designs are to be based on
90 percent available water supply (10% safety margin shall be
maintained). All sprinkler systems designed shall be based on the most
current approvl~d water flow test done in accordance with NFPA 291.
D. MAINTENANCE OF EQUIPMENT.
. a) Sprinkler systems which have been installed in compliance with permit or
order, or because of any law or ordinance, shall be maintained in operative
condition at all times. No owner or occupant shall reduce the
effectiveness of the protection so required; except this provision shall not
prohibit the owner or occupant from temporarily reducing or
disconnecting the protection system when making necessary repairs,
alterations or additions. The Fire Department shall be notified before
repairs, alterations or additions are started and shall be notified again when
the system has been restored to service.
b) Inspections and maintenance shall be perfomled by an approved agent,
pursuant to the procedures listed in 32-03 and 32-04 of this Fire
Prevention Code.
c) A service contract is required for annual service of the sprinkler system
according to NFPA 25. This will be required prior to obtaining an
occupancy pennit on all newly constructed and existing buildings.
d) A service contract is required for the monitoring of systems where
monitoring is required.
e) The latest annual test report must be posted at the riser or location
acceptable to the AHJ.
.
E. APPLICATION TO EXISTING BUILDINGS.
a) Where the AH.J finds that an existing building, because of current
occupancy or a change in occupancy constitutes a severe hazard to its
Ordinance #1223 Page 22
.
occupants or adjoining property, the AHJ may order compliance with the
provisions of this section. A severe fire hazard shall be determined by the
existence of one or more of the following conditions:
1. Any building which by reason of its construction or highly
combustible occupancy involves severe hazard to its
occupants or, in the judgment of the AHJ, constitutes a fire
menace, e.g., paint shop and other occupancies involving
processing, mixing, storing, and dispensing of volatile
liquids or solids.
2. Non- fire-resistive characteristics of a structure.
3. Accumulation of flammable or combustible materials.
4. Lack of accessibility to the premises for fire-fighting
equipment.
5. Substantial number of fire calls or complaints on the
premIses.
6. Traffic patterns for pedestrian ingress and egress which
require protection under this section.
7. Insufficient ventilation system.
8. Lack of an internal communications system, or due to the
size or type of building making regular fire department
radio communication inoperable, the building owner is
required to install a repeater system or something
comparable to assist radio communications.
9. Number, characteristics and movement of employees which
require protection under this section.
b) Installation of an automatic sprinkler system must be started within one
year from the service of such orders and shall be completed within 180
days after construction has started.
.
F. EXEMPTIONS
Any location where the installation of sprinklers may cause or increase an
occupational hazard as determined by any governmental authority having jurisdiction
over such location or occupation.
32.14
AUTOMATIC FIRE PROTECTION FOR COOKING AREAS
.
A. INTENT. The intent of this section is to require automatic fire extinguishing
systems in vent hoods and duct systems in all cooking areas to effectively
extinguish fire at its source and reduce property damage and losses.
B. INSTALLATION REQUIREMENTS.
a) A dimensional drawing showing the owner's name, owner's address,
owner's phone number, the hood and ducts, and the extinguishing system
shall be prepared showing the size of the hood and ducts, the area of the
protected surfa.ce, the name of the installing contractor, the address of the
installing contractor, the phone number of the installing contractor, the
Ordinance #1223 Page 23
. manufacturer's name, the manufacturer's address, the manufacturer's
phone number, the model designations, size and number of tanks, pipe
nozzles, distance of nozzles above the cooking surface, location and type
of detection devices, the location of any gas shut off valves and the
location of manual pull stations.
b) The system shall be provided with automatic fuel shut-off.
c) A Class K fire extinguisher shall be installed per NFP A 10.
d) Alarms shall be connected to the fire alarm system per NFP A 72.
e) Cooking equipment used in processes producing smoke, or grease-laden
vapors shall be equipped with an exhaust system that complies with all the
equipment and performance requirements ofNFPA 1 and NFPA 96, and
all such equipment and performance shall be maintained per NFP A 96
during all periods of operation of the cooking equipment.
32.15
MISCELLANEOUS CONSTRUCTION PROVISIONS
A. ADDRESSES
Addresses as assigned by the ARJ shall be placed on all structures or property
supporting the same as follows:
.
(1) PLACEMENT. The address shall be put in place on the structure as soon as
reasonably possible during construction at a location acceptable to the ARJ.
(2) DESCRIPTION OF NUMBERS AND LETTERS. Numbers and letters shall
be of contrasting colors (e.g.: Black on white) and readable from the road or
highway and:
.
a) Arabic numbers shall be used; Script and Roman numerals cannot be used
alone, but may be used as an addition to the requirements of this section.
b) All single family and two family residential buildings shall have street
numbers, not less than 3 12 inches high and placed on the exterior wall of
the principal building that faces the street or service drive providing access
to the building.. All such residential units shall also have street numbers
not less than 3 12 inches high, placed on their respective mail box. If the
building setbac:k is greater than 100 feet from the roadway the address
shall be moved no further than 25 feet from the roadway and placed within
LO feet of the entrance to the property. All numbers and letters shall be
visible from the roadway at all times of the year.
c) All multifamily buildings shall have street numbers placed on the exterior
wall of the principal building that faces the street service drive or parking
lot and located adjacent to the individual unit entrances to the buildings.
In addition each building shall be identified by a letter or number not less
than 12 inches high, located near the top of the building wall facing the
street service drive or parking lot serving that building. At the entrance of
each access drive, there shall be a direct listing of the street numbers and
building identifications that are accessible from said street service drive or
.
.
.
Ordinance # 1223 Page 24
parking lot. Have residential suite numbers identifying the individual unit
placed on the primary entrance to each separate occupancy.
d) All commercial industrial or institutional buildings shall:
1. If less than 75 feet in height shall have street numbers, not
less than 6 inches high, placed on the exterior wall of the
principal building facing the stre:et, service drive or parking
lot providing access to that building and located adjacent to
any primary entrance door.
2. If more than 75 feet in height shall also have street numbers,
not less than 24 inches in height, located on the building wall
facing the primary street and the main entrance.
3. Have suite numbers identifying the individual each unit
placed on the primary entrance to each separate business or
occupancy.
4. All commercial or industrial stmctures, which have a rear
service door shall identify the occupant and the street address
conspicuously on said rear door in contrasting and reflective
letters and numbers not less then 6 inches in height and shall
continually maintain same.
e) Address numbering and lettering shall be in addition to addresses placed
on mailboxes, paper boxes or similar objects.
B. ELEVATOR CAR
All passenger and freight elevators in all buildings and structures hereinafter
constructed, except one and two family residential occupancies, shall:
a) Provide at least one elevator to all floors of such a size and arrangement to
accommodate a 24 inch by 85 inch (610mm by 1930mm) ambulance
stretcher in the horizontal, open position, plus 3 people standing.
b) The elevator aITanged to accommodate an ambulance stretcher shall be
identified by the international symbol of emergency medial services (star
oflife). This symbol shall not be less than 3 inches (76mm) high and shall
be placed inside on both sides of the hoist way door frame.
.
.
.
Ordinance #1223 Page 25
C. FIRE ALARM SYSTEMS
a) INTENT. The intent of this section is to provide a means for automatic
detection of fire conditions and to provide warning notification throughout
all buildings and occupancies built hereinafter, structurally altered, and/or
added to.
b) WHERE REQUIRED. A complete fire alarm system, as defined in this
section shall be required in the following occupancies:
OCCUP ANCY TYPE TYPE I TYPE II TYPE III TYPE IV TYPE V
A-I 10,000 SF 10,000 SF 10,000 SF 8,000 SF 6,000 SF
A-2 10,000 SF 10,000 SF 10,000 SF 8,000 SF 6,000 SF
A-3 10,000 SF 10,000 SF 10,000 SF 8,000 SF 6,000 SF
A-4 10,000 SF 10,000 SF 10,000 SF 8,000 SF 6,000 SF
A-5 N/A N/A N/A N/A N/A
B 10,000 SF 10,000 SF 10,000 SF 10,000 SF 10,000 SF
E* ALL ALL ALL ALL ALL
F-1 15,000 SF 15,000 SF 10,000 SF 10,000 SF 10,000 SF
F-2 15,000 SF 15,000 SF 10,000 SF 10,000 SF 10,000 SF
H-1 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
H-2 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
H-3 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
H-4 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
H-5 1,000 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF
I-I 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
1-2 ALL ALL ALL ALL ALL
1-3 ALL ALL ALL ALL ALL
1-4 ALL ALL ALL ALL ALL
M 15,000 SF 15,000 SF 10,000 SF 10,000 SF 10,000 SF
R-1 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
R-2 ALL ALL ALL ALL ALL
R-3 ALL ALL ALL ALL ALL
R-4 ALL ALL ALL ALL ALL
S-l 10,000 SF 10,000 SF 10,000 SF 10,000 SF 10,000 SF
S-2 10,000 SF 10,000 SF 10,000 SF 10,000 SF 10,000 SF
U 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
*Excludes single family home day care.
Variances may be granted, depending on occupancy load and alternative fire control
and/or suppression and notification system installed. AHJ has sole authority to grant
vanances.
c) MINIMUM SYSTEM REQUIREMENTS. The following minimum
system requirements shall be met when any occupancy type exceeds the
limits in the pn::ceding table. Minimum system requirements shall
include:
Ordinance #1223 Page 26
. 1. Audible Notification Appliances shall be installed throughout
protected premises.
2. Visible Notification Appliances shall be installed throughout
protected premises. Exceptions:
1) Closets and/or other similar small storage
rooms that do not exceed 50 square feet in
floor area and are not normally occupied.
2) Normally unoccupied crawl spaces.
3) Normally unoccupied attic spaces.
4) Any non-accessible area
5) Any area the AHJ deems Visible Notification
Appliances are not required.
3. Appliances that automatically d(~tect and/or products of
combustion shall be installed throughout protected premises.
The type of appliances used in each specific application
and/or area must be appropriate for the applicable conditions
and acceptable to the AHJ. The determination of the
acceptability of any type of detector (products of combustion,
flame, heat, etc.) shall be based upon occupancy and/or
building use. Exceptions:
1) Closets and/or other similar small storage
rooms that do not exceed 50 square feet in
floor area dn are not normally occupied.
2) Normally unoccupied crawl spaces.
3) Normally unoccupied attic spaces.
4) Any non-accessible area.
5) Appliances that automatically detect fire
and/or products of combustion are not
required in buildings that have complete
automatic fire splinkler systems installed in
accordance with NFPA 13, unless required by
the AHJ. Note: State Codes may be more
restrictive.
6) Any area the AHJ deems appliances that
automatically detect fire and/or products of
combustion are not required.
4. Manual Initiating devices (pull stations) shall be located at all
points of egress including all exit doors on every floor and/or
building level. Exceptions:
1) Manual initiating devices are not required in
buildings that have complete automatic fire
sprinkler systems installed in accordance with
NFPA 13. Note: State Codes may be more
restrictive.
.
.
Ordinance #1223 Page 27
. 2) Any area the AH.J deems appliances that
automatically detect fire and/or products of
combustion are not required.
5. Vv' ater flow detection devices shall be connected to the
protected premises fire alarm system to specifically activate
the notification appliances upon water flow.
6. Fire suppression system activation alarms shall be connected
to the protected premises fire alarm system to specifically
activate the notification appliances upon system activation.
This includes but is not limited to Wet Chemical, C02, Clean
Agent, Water Mist and Dry Chemical Systems.
7. Fire control and/or suppression systems supervisory
condition indicators shall be connected to and monitored by
the protected premise fire alarm system. This specifically
includes but is not limited to: Valve Supervisory Switches
(Tamper Switches), Low Air Switches, Low Temperature
Switches, Fire Pump condition Indicators and/or any other
situation or condition deemed necessary by the ARJ.
8. Fire Alarm Systems shall be addressable and capable of
indicating the status of all specific components connected to
the system.
9. All Fire Alarm Systems shall be monitored by a service
acceptable to the AHJ.
10. Fire alarm annunciators shall be installed in all protected
premises. The number of, and locations of the fire alarm
armunciators installed shall be acceptable to the ARJ.
11. As determined by the ARJ, any additional notification and/or
initiation appliances/devices may be required due to size,
occupancy hazards, building construction, and/or occupancy
.
use.
.
d) SPECIAL REQUIREMENTS. On all buildings over Two (2) floors in
height a Fire Command Center for fire department operations shall be
provided. The Fire Command Center shall comply with NFP A 72 and
shall contain the features required in the IFC and NFPA 1, 13.7.2.27.2.2.
Two-way telephone service:
1. Two-way tdephone communication service shall be provided for fire
department use. This system shall be in accordance with NFP A 72R,
National Fire Alarm Code-R. The communications system shall
operate between the central control station and every elevator car,
every elevator lobby and each floor level of exit at stairs.
2. The requiæment ofNFPA1, 13.7.2.27.2.2(A) shall not apply where the
fire department radio system is approved as an equivalent system.
(NFPA 101.11.8.2)
e) TESTING. When a fire alarm system and/or connected component is
installed or altered, a fire alarm system perfonnance test shall be
Ordinance #1223 Page 28
. conducted. Once the appropriate plans, permits, and installation work has
been completed, the installing contractor shall contact the AHJ to set up
the witnessing of a performance test to ensuæ all appliances are installed
and functioning properly. Prior to requesting the AHJ witness a
performance test the responsible parties must provide the AHJ with a
completed copy of the Record of Completion required by NFP A 72.
1) MAINTENANCE. All devices shall be installed, maintained, and tested
in accordance with NFPA 72 standards. If the alarm detection or
notification devices fall under another applicable NFP A standard they
shall also apply. If at any point a fire alarm fails to pass the annual test set
forth in NFP A 72, the building owner shall immediately notify the AHJ of
the test results. It shall be the AHJ's determination if that failed system is
to be repaired or upgraded to comply with this code.
g) FIRE ALARM CONTROL PANELS. Shall display the status of the
system components and be installed in a location acceptable to the AHJ.
Adequate access for Fire Department, alarm maintenance, and inspection
personnel shall be maintained. Fire alarm control panels shall not be
located within private dwellings with the exception of one (1) and two (2)
family dwellings. Adequate access shall be determined by the AHJ.
h) FALSE ALARMS. In one calendar year, if the fire department responds
to three or more false alarms as described in 32-3(28)(a)(b), the fire
department may:
. 1. Require that the fire alarm be serviced, upgraded, or replaced to bring
the alarm system into compliance with current code in order to prevent
future false alarms.
D. FIRE LANES, FIRE STREETS, AND PUMPER PADS.
1. Fire Lanes: Unobsltructed fire lanes that are accessible from the public road
shall be provided for every facility, building or portion of a building in
accordance with this code and Comm 62 (Fire lanes provide access to fire
streets).
a) Fire Lanes must be at least 24 feet in width and must be designed for a forty-
eight degree turning radius with two-foot overhang where applicable.
2. Fire Streets: Fire streets are located next to a structure for fire safety directly
from an approved :fire lane (See examples below for site planning).
a) Each structure must have one fire street along 50% of the length of one
façade of the building and include the area for the FDC.
b) There must be access to the building in the street area.
c) Fire streets must be no less than 10 feet and no more than 30 feet from
the building.
d) The first I () feet of area dividing the fire street and the structure must
consist of open space (Walkway, green way, parking, and landscaping
is acceptable in this area).
.
.
.
.
Ordinance #1223 Page 29
e) Fire streets shall have an unobstructed width of at least twenty-five
(25) feet, although a 30- foot minimum is required when parking abuts
both sides of the fire street.
1) If parking stalls are intended between the fire street and the building,
there must be striped fire access points measuring 10 feet wide by 20
feet deep for every fifty feet of fire street. One or more of these must
be inline with the building entrance.
g) A fire street may include up to six feet of parking area within the 30
feet of work area if striped access (10' x 20') is given for every 50 feet
of the intended fire street.
h) It shall be lmlawful for any persons to park motor vehicles on, or
otherwise obstruct any fire lane.
i) Turning Radius. Curves and turn-arounds shall be designed for a forty-
eight (48) foot turning radius with two-foot overhang.
3. Fire Pumper Pad: For occupancies where a special hazard exists or where the
size or configuration of the building or contents limits normal fire apparatus
access, the AHJ shall have the authority to require the installation of a "Fire
Pumper Pad". This pad will be placed near the FDC or standpipe connections.
The fire pumper pad will be 25' X 40' .
E. FIRE HYDRANTS
a) INTENT: The intent of this section is to insure adequate water supply for
tIre fighting purposes to structures, buildings, and normal premises. For
the purpose of placing hydrants, "NORMAL ACCESS ROUTES" are
defined as pavement, sidewalks, streets, driveways and paths leading to a
building that are clear and maintained year round. The normal access
route does not include grass, parking stalls, ditches, hills, shrubs, flower
beds, fences, walls or any other area typically used for ingress or egress to
a building.
b) WHERE REQUIRED:
1. Buildings. Any building or structure except single and two
family dwellings, hereafter erected, shall provide at the
owner's expense, approved water hydrants. Hydrants shall
be located so that no part of the building is more than three
hlmdred (300) feet from an approved hydrant by normal
access routes. One hydrant shall be located within one
hundred-fifty (150) feet of the Fire Department Sprinkler or
Standpipe connection, and this hydrant shall not be counted
as a required hydrant fulfilling the three-hundred (300) foot
coverage rule. Required hydrants must be free standing and
shall be installed not less than forty (40) feet from the
building exterior wall and may not be closer than fifty (50)
feet to another hydrant. Public hydrants across divided
roads/highways shall not be used to fulfill the hydrant
requirements for the building or premises. The AHJ will
approve the actual location of all private hydrants. Two
Ordinance #1223 Page 30
.
copies of the building plans including site plans shall be
provided to the Building Inspector for Fire Department use,
in addition to any copies or building plans required by the
building inspector.
2. Mobile Home Parks. Any new mobile home or trailer park
or any mobile home or trailer park which expands by adding
additional trailer or area to the present court site shall provide
an approved water hydrant when any trailer or building
located in such park is more than three hundred (300) feet
from an approved hydrant. Water hydrants shall be provided
so that no trailer or building is more than three hundred (300)
feet from an approved hydrant by normal access routes.
c) APPROVED WATER HYDRANT. An approved water hydrant shall
mean a water hydrant with two (2) two and one-half (2 Y:z) and one (1) four
and one-half (4 Y:z) inch Fire Department Connections. The connecting
water line between the public water main and the approved water hydrant
shall not be less than six (6) inches. All water hydrants approved by the
AHJ and the Water and Sewer Utility and shall be installed in compliance
with standards of the Water and Sewer Utility and NFPA 24. All water
hydrants shall be installed and maintained in such a manner and location
so as to be acc($sible at all times to the Fire Department apparatus. All
hydrants shall be installed, tested, in service and accessible to the Fire
Department prior to any above ground construction or combustibles that
are brought onto the site.
d) HYDRANT FLOWS. Hydrant flows shall not be less than 1,250 gallons
per minute (GPM) with a 20 pounds per square inch (PSI) residual.
Additionally the hydrants providing coverage to a building or site under
this section must supply a total flow sufficient to meet requirements of the
building. The procedure for determining fire-flow requirements for
buildings shall be in accordance with Appendix B of the International Fire
Code.
e) INSPECTION, TESTING, MAINTENANCE AND REPAIR.
1. PJivate Fire service mains and water tanks shall be
periodically inspected, tested and maintained in accordance
with NFP A 25 at the following intervals:
1) Private tìre hydrants inspected, flow tested
and maintained annually and after each
operation.
2) Property owner shall immediately advise the
Fire Department and the Water Utility as to
hydrants which have been damaged,
inoperable, or have been found deficient in
required fire flow.
3) All inoperable hydrants shall be repaired as
soon as possible or within a reasonable time
frame as determined by the AHJ.
.
.
Ordinance #1223 Page 31
. 4) All records of inspections shall be maintained
on site and made available to the ARl upon
request.
.
F. SECURITY AND VAULT SYSTEM
a) An "Access Box system" (KNOX) has been adopted for use by this Fire
Department. The following structure shall be equipped with an "Access
Box" at or near the main entrance or such location as required by the ARJ.
1. Commercial or industrial structures protected by an
automatic alarm system or automatic fire suppression system,
or such structures that are secured in a way that restricts
access during an emergency.
2. Multi-family residential structures that have restricted access
through locked doors and have a common corridor for access
to the living units.
3. Nursing homes, CBRFs, child day care and other health
facilities.
4. The ARJ shall have the authority to require any structure to
have an "Access Box".
b) All newly constructed structures subject to this section shall have the
Access Box installed and operational prior to the issuance of any
occupancy pennit.
c) The owner or agent of a structure required to have an Access Box shall at
all times keep the following inside the box:
1. Keys to locked points of ingress and egress whether on the
interior or exterior.
2. The keys to locked mechanical (~quipment rooms.
3. The keys to electrical and elevator control rooms.
4. The keys needed to open any alarm panels.
5. Floor plans or maps as required by the ARl.
6. The keys to the other areas as directed by the ARl.
d) The "Access Box" shall be installed at the o",mer's expense.
e) The owner or agent of a structure required to have an "Access Box" must
insure that all keys and other items contained in the "Access Box" are
those currently in use in the structure.
f) The size of"AI;::cess Box" must be approved by the AHJ.
EXCEPTION. Any building or site that have twenty-four hour, seven-days a
week guard service or any occupancy that remains open twenty-four hours a
day, seven-days a week, does not require an "Access Box", unless ordered by
the Fire Chief.
.
G. SITE PLAN REQUIREMENTS:
Prior to, and as a condition of obtaining an occupancy permit, the owner of all
buildings, except for one or two family units, shall supply the Fire Department with
Ordinance # 1223 Page 32
. an eight and one-half by eleven inch (8 V;" X II") site plan which includes the
following information:
a) Gas shut offloeation.
b) Electric shut-off location.
c) Fire Department connection location.
d) Dimensions of the structure in English measurement units.
e) Location of hydrants around the site and at the street.
f) Location of standpipe.
g) Main entrance labeled.
h) Apartment, suite or unit numbers, if applicable.
i) Sprinkler control valves.
j) Alarm control panels.
k) Any special type of fire protection listed and area covered.
1) Location of Access Box.
m) Special construction features, skylights, blowout walls, etc.
n) Floor plans may also be included.
0) Name address telephone number of building owner.
p) Identify the stæet and structure is addressed.
q) Identify the direction North on the map.
r) More than one page, if required, will be accepted.
.
H. STANDPIPES.
a) WHERE REQUIRED. Fire Department Standpipes shall be provided in
all new structures over two stories in height and in accordance with this
section. All stairwells in buildings over one story will require standpipes.
b) INSTALLATION. The installation of standpipes shall be in accordance
with this Section and NFPA 14.
1. The class and location of standpipe and Fire Department
connections shall be determined by the AHJ.
2. The location of standpipe connections shall be accessible
and shall be located so that all portions of the building are
within thirty (30) feet of a nozzle attached to one hundred
(100) feet of hose.
3. When required by the AHJ an approved standpipe shall be
installed as construction progresses, to make them available
for Fire Department use in the top most floors constructed.
T1emporary standpipes may be provided in place of
permanent standpipes during the period of construction when
approved by the AHJ
4. The Fire Department Connectilons for the standpipe shall be
approved by the AHJ.
.
32.16
MISCELLANEOUS USE PROVISIONS
A. FIRE DAMAGED BUILDINGS (SECURING). All dwellings and buildings
within the Fire District damaged from fire shall be secured within twenty-four hours
.
.
.
Ordinance # 1223 Page 33
of release of the property by the AHJ. The owner of the damaged property shall
assume the liability for tht;: protection of the public until the property is secured.
32.17
FEES RELATING TO FIRE PROTECTION SYSTEMS
Fees shall be established for certificates, approvals, and other functions performed under
this code and shall be payable to the City of Muskego. Such fees shall accompany each
application for such approval, certificate, or other fee related code provision. FEES ARE
SUBJECT TO CHANGE. All fees pertain to new construction and the remodeling of
existing building or occupancies.
SECTION 2: The several sections of this ordinance are declared to be
severable. If any section or portion thereof shall be declared by a decision of a
court of competent jurisdiction to be invalid, unlawful, or unenforceable, such
decision shall apply only to the specific section or portion thereof directly
specified in the decision, and not affect the validity of all other provisions,
sections, or portion thereof of the Ordinance which shall remain in full force and
effect. Any other ordinances whose terms are in conflict with the provisions of
this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its
passage and publication.
PASSED AND APPROVED THIS 11th DAY OF APRIL, 2006
CITY OF MUSKEGO
/'/) !:' fJM}(þJ v
Charles H. Damas ,
~
ATT1~~:
,
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eterk- Treasurer
First reading:
Cover Ordinance Published this 20th day
of April, 2006
3/06 jmb