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Oak Creek

2013 Wisconsin Act 270 establishes a uniform commercial building code in Wisconsin, while allowing municipalities to grandfather fire detection, prevention, and suppression ordinances that relate to the construction, alteration, or addition to a public building or building that is a place of employment.

Grandfathered Ordinances for Oak Creek

(a) Portions of Wisconsin Commercial Building Code Adopted.

(1) Codes Adopted. The Wisconsin Building, Heating, Ventilation and Air Conditioning Code, ILHR 50 through 64 and Barrier-Free Design, ILHR 69, Wis. Code, both inclusive and all future amendments, revisions, or modifications thereto, are hereby made a part of this Code by reference with respect to those buildings to which said provisions apply.


(a) All materials, methods of construction and devices designed for use in buildings or structures covered by this Section and not specifically mentioned in or permitted by this Section shall not be so used until approved in writing by the Wisconsin Department of Commerce for use in buildings or structures covered by the Wisconsin State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.

(b) Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer’s specifications and any rules or conditions of use established by the Wisconsin Department of Commerce. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the Wisconsin Department of Commerce.

(c) All materials, methods of construction and devices designed for use in buildings or structures not covered by the Wisconsin State Building Code shall be approved by the Building Commissioner when they are proved to be the equal of those specifically required by the Code.


The provisions of this Subchapter shall apply equally to new and existing conditions except that existing conditions, as of the effective date of this Subchapter not in strict compliance with the terms of this Subchapter, shall be permitted to continue where the exceptions do not constitute a hazard to life or adjoining property.

(a) State and National Codes Adopted All Orders, Rules and Regulations of the Department of Commerce, set forth in the Wisconsin Administrative Code Comm 61 through 65 and any future amendments thereto are hereby adopted by reference. The Wisconsin Enrolled Commercial Building Code, International Fire Code, National Electrical Code, and any future amendments thereto are hereby adopted by reference. The following NFPA regulations and any future amendments thereto are hereby adopted by reference:

(1) NFPA 13, 13R, and 13D Automatic Sprinkler Systems. 2002 edition

(2) NFPA 303 Fire Protection Standard for Marinas and Boatyards. 2000 edition

(3) NFPA 307 Standard for the Construction of Fire Protection of Marine Terminals, Piers, and Wharves. 2000 edition

(4) NFPA 850 Recommended Practice for Fire Protection for Electric Generating Plants. 2000 edition

(b) Conflicting Provisions In cases of conflict between local, state, and national code provisions, the most restrictive provisions shall govern.


(b) Approved Sprinkler System Required. Every building hereinafter constructed or altered shall have an approved sprinkler system complying with the requirements of NFPA 13 and standpipe installed and maintained when occupied in whole or part for the following purposes:

NOTE: See definitions of area and total floor area for determining application of this Subsection.

(1) Principal Buildings. In all principal buildings, as follows:

c. Warehouses With Rack Storage.

1. Areas with storage of twelve (12) feet or less in height on racks shall be protected with automatic fire sprinklers in accordance with NFPA 13.

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

(3) Repair Garages. Throughout repair garages as follows:

a. Fire resistive buildings over three thousand (3,000) square feet in area or exceeding one (1) story.

b. Non-fire resistive buildings over two thousand (2,000) square feet in area.

c. Basement and sub-basement garages and garages above or below other occupancies.

(5) Theaters and Assembly. Throughout all buildings.

(6) Hospitals. Throughout all buildings.

(7) Nursing, Convalescent, Old Age, and Other Institutional Buildings. Throughout all buildings.

(8) Schools, Colleges and Universities. Throughout all buildings.

(9) Dormitories, Fraternities and Sorority Houses. Throughout all buildings.

(10) Hotels and Motels. Throughout all buildings.

(11) Day Care Centers. Throughout all buildings.

(12) Community Based Residential Facilities (CBRF). Throughout all buildings.

(13) Other Buildings and Areas Requiring Sprinkler Protection.

a. Spray Booths. All spray booths using combustible or flammable liquids at any time shall be provided with a sprinkler system according to NFPA.

b. Kitchen Exhaust Hoods. All kitchen exhaust hoods (except in domestic science educational facilities from grades Kindergarten through 12, and single unit apartments in hotels, motels apartment buildings) shall be provided with a sprinkler system or have an approved type of automatic extinguishing system installed.

(14) Hazardous Properties. Throughout every building, which by reason of its construction or highly combustible occupancy involves a severe life hazard to its occupants, or in the judgment of the Fire Chief, constitutes a fire menace. A sample of occupancies considered highly combustible are as follows:

a. Aircraft hangars.

b. Chemical works.

c. Explosives and pyrotechnics manufacturing.

d. Linseed oil mills.

e. Linoleum and oil cloth manufacturing.

f. Oil refineries.

g. Paint shops.

h. Pyroxlin plastic manufacturing and processing.

i. Shade cloth manufacturing.

j. Solvent extracting.

k. Varnish works.

l. Any other occupancies involving processing, mixing, storage and dispensing of volatile liquids.

m. All sub-basements regardless of floor area.

(c) Existing Buildings.

(1) Where the Fire Departments or a duly authorized representative thereof finds that existing buildings which are used in whole or in part for the purposes set forth in Subsection (b) of this Section, he shall order compliance with the provisions of this Section. Installation of the automatic sprinkler system shall be started within one (1) year from the service of such order and completed within ninety (90) days after construction is started.

(2) When the occupancy or use of a building with an existing automatic fire sprinkler system changes to a higher hazard level as defined in NFPA 13, the automatic fire sprinkler system shall be altered so as to comply with the NFPA 13 requirements for the new level of hazard. Revision of the automatic sprinkler system shall begin within ninety (90) days from the date of such change in occupancy or use and be completed within ninety (90) days after construction has started.

(d) How Installed. Approved fire sprinkler equipment shall be designed, installed and tested in accordance with NFPA13, “Standard for the Installation of Sprinkler Systems,” and other applicable standards of the National Fire Protection Association which are acceptable to the Fire Chief. All automatic fire sprinkler systems hydraulic designs are to be based on 90 percent of the available water supply (10% safety margin shall be maintained). All sprinkler systems designs shall be based on the most current approved water flow test. All water flow tests shall be witnessed by a Fire Department or Oak Creek Water Utility representative.

(e) Exemption and Substitution of Other Fire Protection Equipment. Nothing contained herein shall be construed as to require the installation of sprinklers in safe deposits or other vaults or in rooms of buildings devoted to the manufacture or storage of aluminum powder, calcium carbide, calcium phosphide, metallic sodium and potassium quick lime, magnesium powder, sodium peroxide or like materials where the application of water may cause or increase combustion, nor in any other location where the installation of sprinklers may increase the hazard nor shall it be constmed in any way to prohibit the substitution of other automatic protective equipment when approved by the Bureau of Fire Prevention.

(g) Additions or Remodeled Buildings and Change of Use. All existing buildings subject to this Section and all additions to these buildings shall conf01m to this Subsection, as follows:

(1) If fifty percent (50%) or more of the total floor area of a building is remodeled and/or added, the entire building shall comply with the requirements of this Section.

(4) From the effective date of this Code fo1ward, all percentages of additions or remodelings shall be additive as applied to Subsections (g) (l), (2) and (3) above.

Waunakee Corporate Office

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