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 West Milwaukee
Sec. 42-1. - General provisions.
(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to continue where the exceptions do not constitute a distinct hazard to life or adjoining property or have been superseded by this Code.
(3) Additions to, change of use or remodeled buildings.
(a) If 50 percent or more of the total floor area of a building is remodeled and/or added, the entire building shall be brought into compliance with the requirements of this Code.
(d) All percentages of additions or remodeling shall be cumulative as applied to (a), (b) and (c) above.
(e) If the use of and/or contents of any existing building is changed and becomes more hazardous as determined by the authority having jurisdiction (AHJ), the building shall be brought into compliance with this Code.
(f) Those portions, elements, systems or components of existing buildings and structures to be altered or modified on or after the effective date of the rules under this Code and where the alteration, modification or the addition affects a building element or component relating to subject matters regulated by this Code, shall be designed, constructed and maintained in accordance with the applicable rules of this Code as the rules exist on one of the following:
1. The date plans of the alteration or modification are conditionally approved by the AHJ.
2. The date the local building permit is issued.
3. The date the replacement is initiated, where section 42-1(3)(f)1. and 2. do not apply.
Sec. 42-3. - Adoption of Wisconsin Department of Commerce Codes.
(1) The most current legislatively enacted versions by the state, on the effective date of this Code shall apply.
(a) COMM 5 Licenses, Certification and Registration
(b) COMM 7 Explosive Materials
(c) COMM 9 Manufacture of Fireworks
(d) COMM 10 Flammable and Combustible Liquids
(e) COMM 14 Fire Prevention
(f) COMM 16 Electrical
(g) COMM 18 Elevator Code
(h) COMM 28 Smoke Detectors
(i) COMM 40 Gas Systems
(j) COMM 45 Mechanical, Refrigeration
(k) COMM 61—65 Enrolled Commercial Building Code
(l) COMM 70 Historic Buildings
(m) COMM 75—79 Existing Buildings
(n) COMM 95—98 Manufactured Homes
(2) Any violation of the incorporated provisions constitutes a violation of this Code.
(3) In cases of conflict between local and state Codes, the most restrictive provisions shall govern.
Sec. 42-4. - Adoption of International Code Council Inc. Codes.
The latest I.C.C. publication(s) listed below and published on or before the effective date of this Code are adopted by reference, enforced and incorporated into this Code as if fully set forth herein:
(1) International Fire Code (applies only to sections specifically referenced in this Code) 2003 edition.
Sec. 42-5. - Adoption of Wisconsin and NFPA codes and standards
All orders, rules and regulations established and propagated by the department of safety and professional services, or its successor administrative agency, as are set forth in the Wisconsin Administrative Code as from time to time amended, are hereby adopted. The most current legislatively enacted versions of those documents are adopted and will be enforced. NFPA 1, Fire Code® and NFPA 101, The Life Safety Code® are hereby adopted in their entirety as part of this chapter and serve as the fire prevention and construction codes for the Village of West Milwaukee. The most current available printed edition of the NFPA Codes and Standards are adopted and will be enforced. In the event of a conflict between any of the provisions of this Code with state codes and/or NFPA Codes and Standards and the more restrictive shall control and govern.
Sec. 42-8. - Variances.
(1) The AHJ shall have the power to modify any of the provisions of this Code upon application in writing by the owner or occupant, or a duly sworn authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured, and substantial justice done.
Sec. 42-12. - Automatic fire sprinkler protection.
(2) Installation required. An automatic fire sprinkler system shall be installed in all structures where the floor area exceeds the thresholds established in Table 42-12(b) of the specific occupancy involved. For the purpose of determining square footage as it relates to the sprinklering of a building, firewalls shall not be considered area dividers unless the firewall is built in compliance with Section 705 of the Commercial Building Code (CBC)
TYPE TYPE I TYPE II TYPE III TYPE IV TYPE V
E* ALL ALL ALL ALL ALL
F-2 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
I-2 ALL ALL ALL ALL ALL
I-3 ALL ALL ALL ALL ALL
I-4 ALL ALL ALL ALL ALL
R-4 ALL ALL ALL ALL ALL
U 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
*Excludes single family home day cares.
(3) In addition an automatic sprinkler system shall be installed in all:
(a) Parking structures above and below ground with ceilings.
(b) CBRF's (community based residential facilities).
(c) Adult family homes.
(d) Concealed spaces to include: above drop ceilings, crawl spaces, hidden spaces, plenum, stairways, basements, closets nine square feet or larger, attics, baths and kitchens.
(e) Newly constructed buildings including hotel, institutional, hospitals, health care, daycare, dormitories, dry cleaning, passenger terminal, manufacturing, storage/shipping facility and hazardous occupancy not stated above, regardless of size.
(f) Throughout every building, new or existing, which by reason of its construction or combustible occupancy involves a life hazard to its occupants or in the judgment of the AHJ constitutes a fire menace.
(4) Mini warehouses and unattached multifamily parking garages. Throughout all buildings provided that they contain:
(a) Five thousand square feet or more in area on any floor or exceeding two stories.
(b) Any portion that the floor is below grade level.
(6) Dormitories, fraternities and sorority houses. Throughout all buildings.
(7) When a sprinkler system is required by this chapter but not the Wisconsin Department of Commerce, at a structure that is currently serviced by a municipal water source:
(b) Within 90 days after a municipal water system becomes available, the sprinkler system shall be connected to the municipal water supply.
(8) All automatic fire sprinkler systems shall:
(a) Be monitored in accordance with NFPA 72.
(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 of NFPA 13D systems.
(c) Have direct access from the exterior to the sprinkler control valve as determined by the AHJ.
(e) Have a bell (minimum ten inch) and strobe located above the FDC in accordance to NFPA 13.
(f) The FDC must be at least 40 feet from all gas meters, electrical meters and transformers.
(g) Be designed for the hazard being protected or as specifically specified in this Code and/or as directed by the AHJ.
(h) All automatic fire sprinkler systems hydraulic designs are to be based on 90 percent available water supply (ten percent safety margin shall be maintained). All sprinkler systems designed shall be based on the most current approved water flow test conducted in accordance with NFPA 291.
(10) Application to existing buildings.
(a) Where the AHJ finds that an existing building, because of current occupancy or a change in occupancy constitutes a hazard to its occupants or adjoining property, the AHJ may order compliance with the provisions of this section. A 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 a 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 communication 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.
(11) 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.
Sec. 42-13. - Automatic fire protection for cooking areas.
(2) Installation requirements.
(b) The system shall be provided with automatic fuel shut-off.
(c) A class K fire extinguisher shall be installed per NFPA 10
(d) Alarms shall be connected to the fire alarm system per NFPA 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 of NFPA 1 and NFPA 96, and all such equipment and performance shall be maintained per NFPA 96 during all periods of operation of the cooking equipment.
Sec. 42-14. - Miscellaneous construction provisions.
(4) Fire alarm systems.
(b) Installation required. A fire alarm system shall be installed in all structures where the floor area exceeds the thresholds established in Table 42-14(4)(b) of the specific occupancy involved.
E* ALL ALL ALL ALL ALL
I-2 ALL ALL ALL ALL ALL
I-3 ALL ALL ALL ALL ALL
I-4 ALL ALL ALL ALL ALL
M 5,000 SF 5,000 SF 3,000 SF 3,000 SF 3,000 SF
R-3 Multi-Family Statute applies.
R-4 ALL ALL ALL ALL ALL
S-1 3,000 SF 3,000 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
*Includes single family home daycares.
(c) Minimum system requirements. The following minimum system requirements shall be met when any occupancy type exceeds the limits in Table 42-14(4)(b). Minimum system requirements shall include:
1. Audible notification appliances shall be installed throughout protected premises.
2. Visible notification appliances shall be installed throughout protected premises. Exceptions:
a. Closets and/or other similar small storage rooms that do not exceed 50 square feet in floor area and are not normally occupied.
b. Normally unoccupied crawl spaces.
c. Normally unoccupied attic spaces.
d. Any non-accessible area.
e. Any area the AHJ deems visible notification appliances 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: Manual initiating devices are not required in buildings that have complete automatic fire sprinkler systems installed in accordance with NFPA 13 unless required by the AHJ.
5. Water 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 water switches, low temperature switches, fire pump condition indicators and/or any other situation or condition deem necessary by the AHJ.
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 and locations of the fire alarm annunciators installed shall be acceptable to the AHJ.
11. As determined by the AHJ, any additional notification and/or initiation appliances/devices may be required due to size, occupancy hazards, building construction, and/or occupancy use.
(f) Special requirements. On all buildings over four stories in height a fire command center for fire department operations shall be provided. The fire command center shall comply with NFPA 72 and shall contain the features required in the International Fire Code and NFPA 1, 184.108.40.206.2.2.
1. Two-way telephone communication service shall be provided for the fire department use. This system shall be in accordance with NFPA 72. The communications system shall operate between the central control station and every elevator car, every elevator lobby, and each floor level of exit stairs.
2. The requirements of NFPA I, 220.127.116.11.2.2(A) shall not apply where the fire department radio system is approved as an equivalent system. [NFPA 101, 18.104.22.168.]
(i) 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 and two family dwellings.
(9) Standpipes. Fire department standpipes shall be provided in all new structures over two stories in height and in accordance with this section. The installation of standpipes shall be in accordance with this section and NFPA 14.
2. The location of standpipe connections shall be accessible and shall be located so that all portions of the building are within 30 feet of a nozzle attached to 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. Temporary standpipes shall be provided in place of permanent standpipes when required, during the period of construction on buildings over three stories in height.
4. The fire department connections for the standpipe shall be approved by the AHJ.
5. The fire department connections shall be located at least 40 feet from all electrical transformers, gas meters, or propane storage.
6. Temporary standpipes are required on buildings over three stories in height.
Sec. 42-15. - Miscellaneous use provisions.
(4) High-piled combustible storage.
(f) General fire protection and life-safety features shall be in accordance with section 2306 of the International Fire Code. Exception: Compliance with section 2306.7 is not required by this Code.
Note: this section may be required by the State of Wisconsin.
(g) Solid piled and shelf storage shall be in accordance with section 2307 of the International Fire Code.
(h) Rack storage shall be in accordance with section 2308 of the International Fire Code.
(i) Automated storage shall be in accordance with section 2309 of the International Fire Code.
(j) Specialty storage shall be in accordance with section 2310 of the International Fire Code.