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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 Sussex

(2) STATE CODES ADOPTED. In addition to the regulations, standards and procedures herein set forth, there shall be compliance with provisions of the Wisconsin Administrative Code and regulations of the State Department of Commerce all of which are hereby made a part of this section by reference; provided if there is conflict or ambiguity concerning any of the foregoing, the stricter provision shall apply.


(a) The provisions of the Fire Prevention Code shall apply equally to new and existing conditions except existing conditions not in strict compliance with the terms of the Fire Prevention Code shall be permitted to continue where the exceptions do not constitute a clear hazard to life or property.


(2) WHERE INSTALLED. After November 25, 1975, every building constructed, every building structurally altered, every building remodeled, or every building whose use has changed, according to Subsection (8) below, shall have an approved automatic sprinkler system installed and maintained when occupied in whole or in part as follows:

(d) This classification includes but is not limited to all public and private schools, universities, colleges, academies, seminaries, libraries, museums and art galleries; including all buildings or parts of buildings used primarily for instructional purposes.

1. Throughout all Fire-Resistive and Non-Fire-Resistive buildings.

(e) This classification includes but is not limited to all residential buildings, health care facilities, hospitals, nursing homes, elderly or retirement complexes, multi-family apartments and condominiums, community based residential facilities, hotels, motels, bed and breakfasts, day care centers, correctional and detention centers.

1. Throughout all Fire-Resistive and Non-Fire-Resistive buildings.

(f) This classification includes but is not limited to all buildings used as high hazardous occupancies, storage occupancies and repair and public garage occupancies.

1. Throughout all Fire-Resistive and Non-Fire-Resistive buildings.

2. Throughout all Fire-Resistive and Non-Fire-Resistive garages used to store transportation vehicles above or below other occupancies.

(g) This classification includes all basements.

1. Throughout all Fire-Resistive and Non-Fire-Resistive basements and cellars when used for manufacture, storage or sale of goods, materials or merchandise.

(3) EXCEPTIONS. The following classes of buildings shall be exempt from Section 5.16 of this ordinance.

(a) Any portion of a building housing a process or material which would interact with water to create a greater fire hazard than without water, provided an alternate fire suppression system is used.

(b) The Fire Department may approve the equivalent of an automatic sprinkler system in a building where an automatic sprinkler system is impossible or impracticable to install. The equivalent shall depend on the type of occupancies, and the type of structure. Smoke detectors and/or other fire protection devices may be required.

(e) Buildings constructed prior to November 25, 1975 that are structurally altered, remodeled, or whose use changes, provided all of the following conditions are satisfied:

1. The building was within the Village Limits of the Village of Sussex as of July 12, 1994;

2a. At least twenty five percent (25%) of the gross area of the existing building, excluding basements, has not been remodeled; or

2b.The building is damaged by fire, explosion, or flood.

3. The gross area of the building, not including the area of the basement and the area occupied by the owner's private residence, does not exceed 5,000 square feet;

4. The building does not exceed two levels;

5. The building is not used as an Arena, Field House, Gymnasium, or Lodge Hall;

6. An NFPA 72 compliant fire alarm system is installed throughout the building and monitored by a central station fire alarm system company.


(a) Every automatic sprinkler system installed in new or existing buildings shall be equipped with at least one Fire Department hose connection at a location approved by the Fire Chief.


(a) An approved automatic fire sprinkler system shall be installed in accordance with the current edition of NFPA 13, "Standards for the Installation of Sprinkler Systems" and other applicable standards of the NFPA.

(e) Automatic fire sprinkler systems shall include an alarm system that is monitored or supervised so that the fire department is immediately notified of system activation or water flow.

(f) All residential buildings shall have either quick response or residential quick response heads within all living units.


(a) Until a municipal water supply is available to serve a building in which installation of an automatic sprinkler system is required, connection of the system to a water supply shall not be required; however, all design characteristics of systems installed under this section shall include provisions for eventual connection to a municipal water supply. In areas where there is no municipal water:

1. The sprinkler system is required to be connected to domestic water at the time of installation.

2. When municipal water becomes available, the owner will have six months to hook up the automatic sprinkler system to the municipal mains.

In addition, such interim installations shall also include:

1. One or more Fire Department connections with two 2-1/2" female couplings with National standard threads attached to a header of adequate size in accordance with fire protection engineering standards, but not less than 4" to supply the system, and

2. An automatic fire detection and alarm system of a type approved by the State Department of Commerce.

(b) All automatic fire sprinkler systems installed under the requirements of this section shall be connected to the municipal water system and be operational prior to obtaining occupancy in new construction, and shall be connected to the municipal water system and operational within six months after water mains to serve the building are available for use in buildings structurally altered, remodeled or whose use has changed under the requirements of Subsection (8).


(a) "Structurally altered." If a building is structurally altered, the entire building shall be made to comply with Section 5.16 of this ordinance.

(b) "Change of Use." If the use of a building changes to a use listed in Section 5.16(2) of this Code, the entire building shall be made to comply with Section 5.16 of this ordinance prior to occupancy.

(c) "Remodeling." If more than fifty percent (50%) of the gross area of an existing building is remodeled, the entire building shall be made to comply with Section 5.16 of this ordinance.


(5) COMMERCIAL AND INSTITUTIONAL KITCHENS. All commercial and institutional kitchens shall have a UL Approved hood and duct extinguishment system as approved by the State Insurance Services Office. The system shall also be provided with an automatic fuel cut-off.

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