[Adopted 4-20-2006 by Ord. No. 1223 (Ch. 32 of the 1964 Code)]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this code, have the meaning indicated in this section.
Other terms not defined herein used in this code shall be as defined
in the International Fire Code Section 202 which is adopted herein
by reference.
ACCESS BOX
A steel key vault, mounted on the exterior of a building,
that contains keys, floor plans, maps, or other items as required
by the AHJ for access to all portions of the building.
ADULT DAY CARE
Any place that receives at any time for compensation four
or more adults, for care and supervision, for less than 24 hours a
day.
ADULT FAMILY HOME
Similar to a CBRF except that it is licensed for five or
fewer tenants.
AHJ
See "authority having jurisdiction."
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.
APPROVED
Acceptable to the code official.
APPROVED AGENCY
An agency accepted or acceptable to the Bureau of Fire Prevention,
such as Underwriters' Laboratories, Inc., the National Institute of
Standards and Technology, the American Gas Association laboratories
or other nationally recognized testing authorities.
ASSEMBLY GROUP A
Group A occupancies include, among others, 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 fewer than 50 persons
and accessory to another occupancy shall be included as a part of
that occupancy.
A.
Assembly occupancies shall include the following:
(1)
A-1: Assembly uses, usually with fixed seating, intended for
the production and viewing of performing arts or motion pictures.
(2)
A-2: Assembly uses intended for food and/or drink consumption.
(3)
A-3: Assembly uses intended for worship, recreation or amusement
and other assembly uses not classified elsewhere in Group A.
(4)
A-4: Assembly uses intended for viewing of indoor sporting events
and activities with spectator seating.
(5)
A-5: Assembly uses intended for participation in or viewing
outdoor activities.
B.
Assembly occupancy shall be designated as adopted by reference
in NFPA 101, 7.3.1, Capacity and means of egress, and all relational
subsections, for determining capacity.
AUTHORITY HAVING JURISDICTION (AHJ)
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 § SPS 314.01(13), Wis. Adm. Code, pertaining to the prevention
of fires and public safety, and approving equipment installation,
or procedure as outlined in NFPA standards, codes and/or recommended
practices.
AUTOMATIC CLOSING DEVICE
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.
AUTOMATIC FIRE ALARM SYSTEM
A system which automatically detects fire conditions and
actuates notification appliances throughout the protected premises.
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.
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.
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 feet above grade plane;
B.
More than six feet above finished ground level for more than
50% of the total building perimeter; or
C.
More than 12 feet above finished ground level at any point.
BOARDINGHOUSE
A building arranged or used as lodging for compensation,
with or without meals, not occupied as a single-family unit.
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.
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.
CEILING
The upper surface of a space, regardless of height. Areas
with a suspended ceiling would have two ceilings, one visible from
the floor and one above the suspended ceiling.
COMBUSTIBLE MATERIAL
All material not classified as "noncombustible" is 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.
COMMON AREA
Any area in a building that can be accessed by more than
one person from different families at one time.
COMMUNITY-BASED RESIDENTIAL FACILITY (CBRF)
A community facility where five or more adults who are not
related to the operator or administrator and who do not require care
above intermediate level nursing care reside and receive care, treatment
or services that are above the level of room and board but that include
no more than three hours of nursing care per week per resident.
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 and fire alarm systems, witness
tests and/or conduct inspections.
DAY-CARE CENTER
Any place which receives at any one time for compensation
four or more children under the age of seven years, for care and supervision,
for less than 24 hours a day or more than 10 days a month, without
the attendance of a parent, relative or legal guardian.
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 hotel and
motel rooms, guest suites, dormitories, boarding rooms, or sleeping
rooms in nursing homes.
B.
TWO-FAMILY DWELLINGA 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.
EDUCATIONAL GROUP E
Group E occupancy includes, among others, the use of a building
or structure, or a portion thereof, by six or more persons at any
one time for educational purposes through the 12th grade.
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-1: moderate-hazard occupancy.
B.
F-2: low-hazard occupancy.
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.
A.
MALICIOUS ALARMA false alarm of fire deliberately sounded by someone in order to inconvenience the Fire Department.
B.
ACCIDENTAL ALARMAn alarm set off and transmitted through accidental operation of an automatic or manual fire alarm device.
FAMILY UNIT
Two or more individuals who are related to each other by
blood, marriage, adoption or legal guardianship. For purposes of this
code a group of not more than four persons not necessarily related
by blood or marriage, living together in a single living unit, will
be considered equivalent to a single family.
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.
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 opening.
FIRE PUMPER PAD
A designated fire apparatus only parking site, out of the
building collapse zone, and within 40 feet of the Fire Department
sprinkler connection and within 40 feet of the fire sprinkler designated
fire hydrant. Access to the fire pumper pad shall be maintained at
all times.
FIRE-RESISTIVE
That 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 Ch. SPS 375, Wis. Adm. Code.
FIRE WALL
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 purpose of determining square footage as it relates
to the sprinklering of a building, fire walls shall not be considered
area dividers. Exception: Fire walls without penetrations may be used
as a building divider.
FLOOR AREA OR SQUARE FOOTAGE OF A BUILDING
Refers to the total square footage of the sums of all basements,
floor levels, balconies and mezzanines.
A.
The area for basements and floor levels shall be measured from
the outside perimeter of the outside walls.
B.
The area for mezzanines shall be determined from the product
of the length of the mezzanine times the width of the mezzanine.
C.
For the purpose of determining square footage, fire division
walls will not be accepted as outside walls or area dividers.
D.
Buildings that are in close proximity to each other will have
their building square footage added together to arrive at the total
square footage. For the purpose of determining close proximity the
following will hold true:
(1)
Single-story buildings: 30 feet apart or less.
(2)
Two-story buildings: 60 feet apart or less.
(3)
Three-story buildings: 60 feet apart or less.
(4)
All other multiple-story buildings: 60 feet apart.
(5)
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 hours or greater
and which subdivides a building or separate buildings to restrict
the spread of fire, including a three-foot parapet wall, is an approved
area divider.
FLOOR, BASEMENT
Those levels where less than half the height between the
floor and ceiling is above the average level of the street, sidewalk
or finished grade.
FLOOR, GROUND
That level of a building on a sloping or multilevel site
which has a floor line at or not more than three feet above exit discharge
grade for at least 1/2 of the required exit discharges.
GRADE PLANE
A reference plane representing the average of finished ground
level adjoining the building exterior walls. Where the finished ground
level slopes away from the exterior walls, the reference plane shall
be established by the lowest points within the area between the building
and the lot line or, where the lot line is more than six feet from
the building, between the building and a point six feet from the building.
HAZARDOUS GROUP H
Group H occupancy includes, among others, the use of a building
or structure, or a portion thereof, that involves the manufacturing,
processing, generation or storage of materials that constitute a physical
or health hazard in quantities in excess of those found in Tables
307.1(1) and 307.1(2) of the International Building Code.
A.
H-1: Buildings and structures which contain materials that pose
a detonation hazard.
B.
H-2: Buildings and structures which contain materials that pose
a deflagration hazard or a hazard from accelerated burning.
C.
H-3: Buildings and structures which contain materials that readily
support combustion or pose a physical hazard.
D.
H-4: Buildings and structures which contain materials that are
health hazards.
E.
H-5: Semiconductor fabrication facilities and comparable research
and development areas in which hazardous production materials are
used and the aggregate quantity of material is in excess of those
listed in Tables 307.1(1) and 307.1(2) of the International Building
Code.
HEIGHT, BUILDING
The vertical distance from the grade plane to the average
height of the highest roof surface.
INSTITUTIONAL GROUP I
Group I occupancy includes, among others, the use of a building
or structure, or a portion thereof, in which people having physical
limitations because of health or age are harbored for medical treatment
or other care or treatment, or in which people are detained for penal
or correctional purposes, or in which the liberty of the occupants
is restricted. Institutional occupancies are classified as I-1, I-2,
I-3, or I-4, as described in the International Building Code.
LISTED
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
have been tested and found suitable for use in a specified manner.
MANUAL FIRE ALARM SYSTEM
A system or portion of a combination system that consists
of components and circuits arranged to initiate the notification appliances
and appropriate response to those signals only after a person manually
activates the fire alarm system.
MERCANTILE GROUP M
Group M occupancy includes, among others, buildings and structures,
or a portion thereof, for the display and sale of merchandise and
involves stock of goods, wares or merchandise incidental to such purposes
and accessible to the public.
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 1/3 of
the area of the room or space in which the level or levels are located.
MISCELLANEOUS GROUP U
Buildings and structures of an accessory character and miscellaneous
structures not classified in any specific occupancy shall be constructed,
equipped and maintained to conform to the requirements of this code
commensurate with the fire and life hazard incidental to their occupancy.
MULTIFAMILY
A.
COMMON ENTRANCE TYPEBuilding or portion thereof containing three or more dwelling units, such as tenements, apartments or rooming houses.
B.
PRIVATE ENTRANCE TYPEBuilding or portion thereof containing three or more dwelling units, such as row houses, single-family attached, townhouses and zero lot line construction.
NFPA
The National Fire Protection Association.
NONCOMBUSTIBLE MATERIAL
One which, in the form in which it is used, meets one of
the requirements listed below. Material used adjacent to or in contact
with heat-producing appliances, warm air ducts, plenums and chimneys
shall be classified as noncombustible only on the basis of the requirement
in Subsection A. Noncombustible 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 Wisconsin Administrative Code).
A.
Materials which pass the test procedure of ASTM E-136 for defined
noncombustibility of elementary materials when exposed to a furnace
temperature of 1,382° F. for a minimum period of five minutes
and do not cause a temperature rise of the surface or interior thermocouple
in excess of 54° F. above the furnace air temperature at the beginning
of the test and which do not flame after exposure of 30 seconds.
B.
Materials having structural base of noncombustible material as defined in Subsection
A with a surfacing not more than 1/8 inch 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).
NOTIFICATION APPLIANCE
A fire alarm system component such as a bell, horn, speaker,
light, or text display that provides audible, tactile, or visible
outputs, or any combination thereof.
OCCUPANT(S)
The person or persons who physically reside, work or are
present in a facility.
OWNER
Includes his duly sworn agent or attorney, a purchaser, devisee,
fiduciary or person having a vested or contingent interest in the
property in question.
PUBLIC BUILDING
Includes any structure, including exterior parts of such
building, such as a porch, exterior platform or steps providing means
of ingress and egress, used 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 tenants.
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.
RESIDENTIAL GROUP R
Group R occupancy includes, among others, the use of a building
or structure, or portion thereof, for sleeping accommodations when
not classed as an Institutional Group I.
A.
R-1: Residential 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.
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
facilities, 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 care/assisted living facilities including
five but not more than 16 occupants, excluding staff.
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 one-hour-rated self-closing door.
ROOMING HOUSE
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.
ROW HOUSE
A place of abode arranged to accommodate three or more attached
side-by-side or back-to-back living units.
SPACING
A horizontal measured dimension relating to all the allowable
coverage limits of fire detectors, automatic sprinkler systems, and
fire alarm visual notification devices.
SPECIAL FIRE-RESISTIVE BUILDING
Multifamily (both private and common entrance) type constructed
with a two-hour fire wall between all common surfaces (walls, floors
and ceiling), the two-hour fire wall to extend through attic to underside
of roofing materials.
SPS
State of Wisconsin Department of Safety and Professional
Services.
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 are not 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 wrapping.
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.
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.
THROUGHOUT
A.
For automatic fire sprinkler systems means providing fire sprinkler
protection in all areas of a structure as required by NFPA 13.
B.
For automatic fire alarm systems means providing detection and
audible and visual notification devices in all areas of the protected
premises installed in accordance with NFPA 72.
C.
For manual fire alarm systems means providing audible and visual
notification devices in all areas of the protected premises installed
in accordance with NFPA 72.
The following NFPA publications are adopted by reference and
will be enforced and incorporated into this Fire Prevention Code as
if fully set forth herein:
NFPA 1, Fire Code
|
NFPA 10, Standard for Portable Fire Extinguishers
|
NFPA 11, Standard for Low-, Medium-, and High-Expansion Foam
|
NFPA 12, Standard on Carbon Dioxide Extinguishing Systems
|
NFPA 14, Standard for the Installation of Standpipe and Hose
Systems
|
NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection
|
NFPA 16, Standard for the Installation of Foam-Water Sprinkler
and Foam-Water Spray Systems
|
NFPA 17, Standard for Dry Chemical Extinguishing Systems
|
NFPA 17A, Standard for Wet Chemical Extinguishing Systems
|
NFPA 20, Standard for the Installation of Stationary Pumps for
Fire Protection
|
NFPA 22, Standard for Water Tanks for Private Fire Protection
|
NFPA 24, Standard for the Installation of Private Fire Service
Mains and Their Appurtenances
|
NFPA 25, Standard for the Inspection, Testing, and Maintenance
of Water-Based Fire Protection Systems
|
NFPA 30, Flammable and Combustible Liquids Code
|
NFPA 30B, Code for the Manufacture and Storage of Aerosol Products
|
NFPA 33, Standard for Spray Application Using Flammable or Combustible
Materials
|
NFPA 45, Standard on Fire Protection for Laboratories Using
Chemicals
|
NFPA 72, National Fire Alarm and Signaling Code
|
NFPA 96, Standard for Ventilation Control and Fire Protection
of Commercial Cooking Operations
|
NFPA 230, Standard for the Fire Protection of Storage
|
NFPA 291, Recommended Practice for Fire Flow Testing and Marking
of Hydrants
|
NFPA 303, Fire Protection Standards for Marinas and Boatyards
|
NFPA 307, Standard for the Construction and Fire Protection
for Marine Terminals, Piers, and Wharves
|
NFPA 430, Code for the Storage of Liquid and Solid Oxidizers
|
NFPA 704, Standard System for the Identification of the Hazards
of Materials for Emergency Response
|
NFPA 750, Standard on Water Mist Fire Protection Systems
|
NFPA 850, Recommended Practice for Fire Protection for Electric
Generating Plants and High Voltage Direct Current Converter Stations
|
NFPA 1123, Code for Firework Display
|
NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems
|
This code 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 or any person, firm, company or agent(s) for the municipality
be held as assuming such liability by reason of the inspection or
reinspection authorized herein or the permit issued as herein provided
or by reason of the disapproval or approval of any equipment authorized
herein.
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 penalties and remedies described in §
1-4 of the City Code. Each and every day that a violation of this code occurs constitutes a separate offense.
[Amended 9-6-2012 by Ord. No. 1352]
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 in compliance with state regulations
concerning fire protection within public buildings and places of employment.
B. Installation required. An automatic fire sprinkler system shall be
installed and maintained in full operating condition, strictly conforming
to the rules of the State Department of Safety and Professional Services,
including rules adopted pursuant to § 101.02(15)(j), Wis.
Stats., which standards and rules are hereby adopted and incorporated
herein by reference. The applicable state standards may include, but
not be limited to, Ch. SPS 362, Wis. Adm. Code, International Building
Code Chapter 9, and NFPA 13.
C. General requirements.
(1) 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.
(d) Have working drawings prepared in accordance with NFPA 13 submitted
before a building permit can be issued.
(e) Have a bell (minimum 10 inches) and strobe located above the FDC
in accordance with NFPA 13. An additional strobe is required on the
street side of the building if the FDC is not located there. The FDC
must be at least 40 feet from all gas meters, electrical meters and
transformers. The FDC must include a five-inch Storz connection with
a Knox lock cover.
[Amended 9-6-2012 by Ord. No. 1352]
(f) Be designed for the hazard being protected or as specifically specified
in this code and/or as directed by the AHJ.
(2) All
automatic fire sprinkler system hydraulic designs are to be based
on 90% available water supply (10% safety margin shall be maintained).
All sprinkler systems designed shall be based on the most current
approved water flow test done in accordance with NFPA 291.
D. Maintenance of equipment.
(1) Sprinkler systems which have been installed in compliance with a
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 that 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.
(2) Inspections and maintenance shall be performed by an approved agent, pursuant to the procedures listed in §§
191-3 and
191-4 of this Fire Prevention Code.
(3) 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 permit on all newly constructed and existing buildings.
(4) A service contract is required for the monitoring of systems where
monitoring is required.
(5) The latest annual test report must be posted at the riser or location
acceptable to the AHJ.
E. Application to existing buildings.
(1) Where the AHJ finds that an existing building, because of current
occupancy or a change in occupancy, constitutes a severe hazard to
its 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:
(a)
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.
(b)
Non-fire-resistive characteristics of a structure.
(c)
Accumulation of flammable or combustible materials.
(d)
Lack of accessibility to the premises for firefighting equipment.
(e)
Substantial number of fire calls or complaints on the premises.
(f)
Traffic patterns for pedestrian ingress and egress which require
protection under this section.
(g)
Insufficient ventilation system.
(h)
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.
(i)
Number, characteristics and movement of employees which require
protection under this section.
(2) 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. This section shall not apply to 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.
All dwellings and buildings within the City of Muskego damaged
from fire shall be secured within 24 hours of release of the property
by the AHJ. The owner of the damaged property shall assume the liability
for the protection of the public until the property is secured.
Fees shall be established by separate resolution of the Common
Council 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.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This article is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the City of Muskego due to the
air pollution and fire hazards of open burning, outdoor burning and
refuse burning.
This article applies to all outdoor burning and refuse burning
within the City of Muskego.
A. This article does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B. This article does not apply to burning in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in §
191-21 of this article.
C. This article does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction,
or maintenance activities.
Should any portion of this article be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected.
As used in this article, the following terms shall have the
meanings indicated:
CAMPFIRE
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
CLEAN WOOD
Natural wood which has not been painted, varnished, or coated
with a similar material, has not been pressure treated with preservatives,
and does not contain resins or glues as in plywood or other composite
wood products.
CONFIDENTIAL PAPERS
Printed material containing personal identification or financial
information that the owner wishes to destroy.
FIRE CHIEF
The Chief of the Tess Corners Fire Department or other person
authorized by the Fire Chief.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
OUTDOOR WOOD-FIRED FURNACE
Wood-fired furnace, stove, or boiler that is not located
within a building intended for habitation by humans or domestic animals.
REFUSE
Any waste material except clean wood.
Open burning, outdoor burning, and refuse burning are prohibited
in the City of Muskego unless the burning is specifically permitted
by this article.
Unless a specific written approval has been obtained from the
Department of Natural Resources, the following materials may not be
burned in an open fire, incinerator, burn barrel, furnace, stove or
any other indoor or outdoor incineration or heating device:
A. Rubbish or garbage, including but not limited to food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
B. Waste oil or other oily wastes except used oil burned in a heating
device for energy recovery subject to the restrictions in Ch. NR 679,
Wis. Adm. Code.
C. Asphalt and products containing asphalt.
D. Treated or painted wood, including but not limited to plywood, composite
wood products or other wood products that are painted, varnished or
treated with preservatives.
E. Any plastic material, including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers.
F. Rubber, including tires and synthetic rubber-like products.
G. Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with Chapter
350, Waste Management, Article
III, Recycling, of the City Code, except as provided in §
191-27 of this article.
[Amended 9-24-2019 by Ord. No. 1435]
Open burning of leaves, weeds, brush, stumps, clean wood, and
other vegetative debris is allowed only in accordance with the following
provisions:
A. All allowed open burning and campfires shall be conducted in a safe,
nuisance-free manner, when wind and weather conditions are such as
to minimize adverse effects and not create a health hazard or a visibility
hazard on roadways, railroads, or airfields. Open burning shall be
conducted in conformance with all local and state fire protection
regulations.
B. Except for barbecue, gas, and charcoal grills, no open burning shall
be undertaken during periods when either the Fire Chief or the Wisconsin
Department of Natural Resources has issued a burning ban applicable
to the area.
C. Open burning of weeds or brush on agricultural lands is allowed if
conducted in accordance with other applicable provisions of this article.
D. Fires set for forest, prairie, or wildlife habitat management are
allowed with the approval of the Department of Natural Resources.
E. Outdoor campfires and small bonfires for cooking, ceremonies, or
recreation are allowed provided that the fire is confined by a control
device or structure such as a barrel, fire ring, or fire pit. Bonfires
are allowed only if approved by and in accordance with provisions
established by the Fire Chief.
F. Burning of trees, limbs, stumps, brush, or weeds for clearing or
maintenance of rights-of-way is allowed if approved by the Fire Chief
and if in accordance with other provisions of this article.
G. In emergency situations such as natural disasters, burning that would
otherwise be prohibited is allowed if specifically approved by the
Department of Natural Resources.
H. Open burning under this section shall only be conducted at a location
at least 15 feet from lot lines.
I. Open burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire-extinguishing equipment as may be necessary for the total control
of the fire.
J. No materials may be burned upon any street, curb, gutter, or sidewalk
or on the ice of a lake, pond, stream, or water body.
K. Except for barbecue, gas, and charcoal grills, no burning shall be
undertaken within 10 feet from any combustible material, combustible
wall or partition, exterior window opening, exit access or exit unless
authorized by the Fire Chief. Gas fire pits are exempt.
L. No open burning may be conducted on days when the Department of Natural
Resources has declared an air quality watch or air quality advisory
for ozone or fine particle pollution applicable to the City of Muskego.
M. Wind velocity shall not be more than 15 miles per hour as recorded
by the U.S. Weather Bureau, Milwaukee, Wisconsin.
A burn barrel may be used in the City of Muskego only in accordance
with the following provisions:
A. The burn barrel shall not be used to burn any of the prohibited materials listed in §
191-23 of this article and may only be used in accordance with the provisions of §
191-24 of this article.
B. The burn barrel shall be located at least 25 feet from the nearest
building that is not on the same property as the burn barrel.
C. The burn barrel shall have vent holes above the ash line for combustion
air and shall be covered with a heavy wire screen.
Notwithstanding §§
191-22 and
191-23 of this article, the Tess Corners Fire Department may burn a standing building if necessary for firefighting practice and if the practice burn complies with the requirements of the Department of Natural Resources.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire suppression costs and any other liability resulting from
damage caused by the fire.
The Fire Chief or any authorized officer, agent, employee, or
representative of the City of Muskego who presents credentials may
inspect any property for the purpose of ascertaining compliance with
the provisions of this article.
The penalty for violation of any portion of this article shall be as provided in §
1-4 of this Code.