[HISTORY: Adopted by the Common Council of the City of Muskego
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-20-2006 by Ord. No. 1223 (Ch. 32 of the 1964 Code)]
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 setting the minimum standards for compliance and achievement of
these objectives.
B.
C.
Application.
(1)
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.
(2)
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 code 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property or have been superseded by this code.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)
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.
(1)
All plans for automatic fire protection systems must meet or exceed
State of Wisconsin SPS and applicable NFPA requirements and shall
be submitted for review to the Fire Department, Bureau of Fire Prevention,
prior to the installation of the equipment.
(2)
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 system(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.
(1)
If 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.
(2)
If 25% to 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.
(3)
If less than 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 of the building which
is remodeled and/or added shall be brought into compliance with this
code.
H.
Right of entry. The AHJ may, at all reasonable hours, enter any building
or premises, except the interior of private dwellings, within its
jurisdiction for the purposes of making any inspection or investigation
which, under the provision of this code, it 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 inspector
shall be guilty of violating this code and shall be subject to fines.
(1)
The AHJ 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 ascertaining and causing to be corrected any conditions
liable to cause fire, or any violations of the provisions or intent
of this code and any other code affecting the fire hazard, and to
ensure compliance in all phases of assembly with all laws, regulations
and orders dealing with overcrowding, use of decorative materials,
maintenance of exitways and maintenance of fire alarm and fire detection
systems and fire-extinguishing systems and appliances.
(2)
The AHJ, upon the complaint of any person or whenever it shall deem
necessary, shall inspect any building and premises within its jurisdiction.
I.
Enforcement. The Fire Chief shall enforce the Fire Prevention Code.
Whenever any officers, members or inspectors of the Fire Department's
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 AHJ.
(2)
Hazardous conditions arising from defective or improperly installed
equipment for handling or using flammable, combustible or explosive
material as determined by the AHJ.
(3)
Dangerous accumulations of rubbish, wastepaper, boxes, shavings,
or other highly flammable materials as determined by the AHJ.
(4)
Accumulations of dust, grease, or waste materials in air-conditioning
systems, exhaust ducts or hoods.
(5)
Obstructions, including snow, to or 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, creates
a fire hazard.
J.
Occupancy change.
(1)
Whenever there is a change in occupancy or the agent(s) (manager,
shift supervisor, after hours emergency contact, etc.) of that occupancy,
the owner or his duly authorized agent shall submit the changes in
writing to the Fire Department within five working days. The information
shall consist of the following:
(2)
Whenever a change in the service company for the alarm system has
occurred within the occupancy, the owner or authorized agent shall
submit the changes in writing to the Police Department and Fire Department
within five working days. The information shall consist of the following:
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.
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.
Any place that receives at any time for compensation four
or more adults, for care and supervision, for less than 24 hours a
day.
Similar to a CBRF except that it is licensed for five or
fewer tenants.
See "authority having jurisdiction."[1]
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.
Acceptable to the code official.
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.[2]
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.
Assembly occupancies shall include the following:
A-1: Assembly uses, usually with fixed seating, intended for
the production and viewing of performing arts or motion pictures.
A-2: Assembly uses intended for food and/or drink consumption.
A-3: Assembly uses intended for worship, recreation or amusement
and other assembly uses not classified elsewhere in Group A.
A-4: Assembly uses intended for viewing of indoor sporting events
and activities with spectator seating.
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
subsections, for determining capacity.
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.
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.
A system which automatically detects fire conditions and
actuates notification appliances throughout the protected premises.
A device designed to detect specific products of fire: smoke,
heat or both.
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.
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.
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 building arranged or used as lodging for compensation,
with or without meals, not occupied as a single-family unit.
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.
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.
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.
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.
Any area in a building that can be accessed by more than
one person from different families at one time.
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.
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.
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.
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.
SINGLE-FAMILY DWELLINGA detached building containing only one dwelling unit and designed for one family.
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.
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.
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.
The willful and knowing initiation or transmission of a signal,
message or other notification of an event of fire when no such danger
exists.
MALICIOUS ALARMA false alarm of fire deliberately sounded by someone in order to inconvenience the Fire Department.
ACCIDENTAL ALARMAn alarm set off and transmitted through accidental operation of an automatic or manual fire alarm device.
GOOD INTENT FALSE ALARMAn alarm that turns out to be false but was reported in good faith.
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.
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.
Any combination of a fire door, frame, hardware, and other
accessories that together provide a certain degree of fire protection
to the opening.
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.
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.
Where Fire Department equipment will park.[3]
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.
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.
Refers to the total square footage of the sums of all basements,
floor levels, balconies and mezzanines.
The area for basements and floor levels shall be measured from
the outside perimeter of the outside walls.
The area for mezzanines shall be determined from the product
of the length of the mezzanine times the width of the mezzanine.
For the purpose of determining square footage, fire division
walls will not be accepted as outside walls or area dividers.
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:
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.
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.
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.
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.
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.[4]
H-1: Buildings and structures which contain materials that pose
a detonation hazard.
H-2: Buildings and structures which contain materials that pose
a deflagration hazard or a hazard from accelerated burning.
H-3: Buildings and structures which contain materials that readily
support combustion or pose a physical hazard.
H-4: Buildings and structures which contain materials that are
health hazards.
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.
The vertical distance from the grade plane to the average
height of the highest roof surface.
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.
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.
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.
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.
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.
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.
COMMON ENTRANCE TYPEBuilding or portion thereof containing three or more dwelling units, such as tenements, apartments or rooming houses.
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.
The National Fire Protection Association.
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).
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.
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).
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.
The person or persons who physically reside, work or are
present in a facility.
Includes his duly sworn agent or attorney, a purchaser, devisee,
fiduciary or person having a vested or contingent interest in the
property in question.
The physical location protected by a fire alarm system.
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.
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.
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.
R-1: Residential occupancies where the occupants are primarily
transient in nature.
R-2: Residential occupancies containing more than two dwelling
units where occupants are primarily permanent in nature.
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.
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.
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.
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.
A place of abode arranged to accommodate three or more attached
side-by-side or back-to-back living units.
A horizontal measured dimension relating to all the allowable
coverage limits of fire detectors, automatic sprinkler systems, and
fire alarm visual notification devices.
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.
State of Wisconsin Department of Safety and Professional
Services.
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.
S-1 (moderate-hazard storage): Buildings occupied for storage
uses which are not classified as S-2.
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.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
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.
For automatic fire sprinkler systems means providing fire sprinkler
protection in all areas of a structure as required by NFPA 13.
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.
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.
A.
The most current legislatively enacted versions of applicable fire
prevention regulations adopted by the state are adopted by reference
and incorporated into the Fire Prevention Code as though set forth
herein at length and 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. The applicable state regulations include:[1]
(1)
Wisconsin
Administrative Code:
(a)
Chapter SPS 305, Licenses, Certifications and Registrations.
(b)
Chapter SPS 307, Explosives and Fireworks.
(c)
Chapter SPS 314, Fire Prevention.
(d)
Chapter SPS 316, Electrical.
(e)
Chapter SPS 318, Elevators, Escalators, and Lift Devices.
(f)
Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
(g)
Chapter SPS 340, Gas Systems.
(h)
Chapter SPS 345, Mechanical Refrigeration.
(i)
Chapters SPS 361 to 366, Commercial Building Code.
(j)
Chapters SPS 375 to 379, Buildings Constructed Prior to 1914.
(2)
Wisconsin
Statutes Chapter 101, Regulation of Industry, Buildings and Safety.
B.
Any violation 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.
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:
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NFPA 1, Fire Code
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NFPA 10, Standard for Portable Fire Extinguishers
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NFPA 11, Standard for Low-, Medium-, and High-Expansion Foam
|
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NFPA 12, Standard on Carbon Dioxide Extinguishing Systems
|
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NFPA 14, Standard for the Installation of Standpipe and Hose
Systems
|
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NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection
|
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NFPA 16, Standard for the Installation of Foam-Water Sprinkler
and Foam-Water Spray Systems
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NFPA 17, Standard for Dry Chemical Extinguishing Systems
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NFPA 17A, Standard for Wet Chemical Extinguishing Systems
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NFPA 20, Standard for the Installation of Stationary Pumps for
Fire Protection
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NFPA 22, Standard for Water Tanks for Private Fire Protection
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NFPA 24, Standard for the Installation of Private Fire Service
Mains and Their Appurtenances
|
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NFPA 25, Standard for the Inspection, Testing, and Maintenance
of Water-Based Fire Protection Systems
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NFPA 30, Flammable and Combustible Liquids Code
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NFPA 30B, Code for the Manufacture and Storage of Aerosol Products
|
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NFPA 33, Standard for Spray Application Using Flammable or Combustible
Materials
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NFPA 45, Standard on Fire Protection for Laboratories Using
Chemicals
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NFPA 72, National Fire Alarm and Signaling Code
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NFPA 96, Standard for Ventilation Control and Fire Protection
of Commercial Cooking Operations
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NFPA 230, Standard for the Fire Protection of Storage
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NFPA 291, Recommended Practice for Fire Flow Testing and Marking
of Hydrants
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NFPA 303, Fire Protection Standards for Marinas and Boatyards
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NFPA 307, Standard for the Construction and Fire Protection
for Marine Terminals, Piers, and Wharves
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NFPA 430, Code for the Storage of Liquid and Solid Oxidizers
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NFPA 704, Standard System for the Identification of the Hazards
of Materials for Emergency Response
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NFPA 750, Standard on Water Mist Fire Protection Systems
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NFPA 850, Recommended Practice for Fire Protection for Electric
Generating Plants and High Voltage Direct Current Converter Stations
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NFPA 1123, Code for Firework Display
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NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems
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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.
A.
The service of orders may be made upon the owner, occupant or other
person responsible for the conditions either by delivering a copy
of the order personally or by delivering the same to and leaving it
with the person in charge of the premises. Whenever it 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 owner's
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
therewith, except where the rules or orders require making of additions
to or changes in the premises themselves, 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.[1]
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 charge
against the property upon which the work is done and shall be levied
against such property pursuant to the terms of § 66.0627,
Wis. Stats.[2]
E.
No person shall refuse to permit or shall prevent or interfere with
any entry into or upon any building or premises by the AHJ or interfere
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 § 66.0119,
Wis. Stats.
A.
The Public Works and Safety Committee 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 letter 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 Public Works and Safety Committee thereon shall
be entered upon the records of the Public Works and Safety Committee
and a signed copy shall be furnished to the applicant.
C.
The Public Works and Safety Committee 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 Public Works and Safety
Committee may require the owner or the person in possession or control
of the building or premises to provide without charge to the municipality
a technical opinion and report. The opinion and report shall be prepared
by a qualified engineer, specialist, laboratory or fire safety organization
acceptable to the Public Works and Safety Committee 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 Public Works and Safety Committee may also acquire technical assistance
from a consultant and may charge a fee to the owner or occupant for
the service provided.
A.
Whenever the AHJ shall disapprove an application or refuse to grant
a permit applied for, or when it is claimed that the provisions of
this code do not apply or that the true intent and meaning of this
code have been misconstrued or wrongly interpreted, the applicant
may appeal the decision of the AHJ.
C.
The Public Works and Development Department shall forward the appeal
to the Public Works and Safety Committee, and the Public Works and
Safety Committee may affirm, reverse or modify the decision of the
Fire Department and shall make such orders as necessary under the
circumstances.[2]
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 Public Works and
Development Department which shall arrange for a Public Works and
Safety Committee meeting on the particular issue raised. The written
notice of appeal shall be accompanied by the established fee payable
to the City of Muskego. Such fee shall be retained by the City of
Muskego and no refund of such fee or any portion thereof shall be
granted, regardless of the outcome of the appeal.[3]
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.
A.
The AHJ may request from the Public Works and Development Department
the revocation of any permit issued in accordance with this code in
any case where it 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 Public Works and Safety Committee. The decision of the Public
Works and Safety Committee of revocation, following the hearing, shall
be final.
A.
The Fire Department shall investigate the cause and origin and circumstances
of fires occurring within its 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 of the 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 whenever it is deemed necessary and prudent
for the preservation of such property. During the progress of any
fire, they shall have the power to 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, provided that it is likely
that, unless such property is removed, other property is in danger
of being destroyed by fire.
[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.[1]
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.[2]
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.
(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.
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.
(1)
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 surface, the name of the installing contractor,
the address of the installing contractor, the phone number of the
installing contractor, the 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 shutoff valves and the location of manual pull stations.
(2)
The system shall be provided with automatic fuel shutoff.
(3)
A Class K fire extinguisher shall be installed per NFPA 10.
(4)
Alarms shall be connected to the fire alarm system per NFPA 72.
(5)
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.
A.
Addresses. Addresses as assigned by the AHJ 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 AHJ.
(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 1/2 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 1/2 inches
high placed on their respective mailbox. If the building setback is
greater than 100 feet from the roadway, the address shall be moved
no further than 25 feet from the roadway and placed within 10 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 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, have street numbers, not less
than six inches high, placed on the exterior wall of the principal
building facing the street, 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, 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 in each unit placed
on the primary entrance to each separate business or occupancy.
(e)
All commercial or industrial structures 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 than six inches in height and shall continually maintain
the same.
(f)
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 provide at least one elevator to all
floors of such a size and arrangement to accommodate an ambulance
stretcher 24 inches by 85 inches (610 millimeters by 1,930 millimeters)
in the horizontal, open position, plus three people standing. The
elevator arranged to accommodate an ambulance stretcher shall be identified
by the international symbol of emergency medical services (star of
life). This symbol shall not be less than three inches (76 millimeters)
high and shall be placed inside on both sides of the hoistway door
frame.
C.
Fire alarm systems.
(1)
Intent. The intent of this subsection 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.
(2)
Where required.
(a)
A complete fire alarm system, as defined in this code, shall
be required in the following occupancies:
|
Occupancy Type
|
Type I
(square feet)
|
Type II
(square feet)
|
Type III
(square feet)
|
Type IV
(square feet)
|
Type V
(square feet)
|
|---|---|---|---|---|---|
|
A-1
|
10,000
|
10,000
|
10,000
|
8,000
|
6,000
|
|
A-2
|
10,000
|
10,000
|
10,000
|
8,000
|
6,000
|
|
A-3
|
10,000
|
10,000
|
10,000
|
8,000
|
6,000
|
|
A-4
|
10,000
|
10,000
|
10,000
|
8,000
|
6,000
|
|
A-5
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
B
|
10,000
|
10,000
|
10,000
|
10,000
|
10,000
|
|
E*
|
All
|
All
|
All
|
All
|
All
|
|
F-1
|
15,000
|
15,000
|
10,000
|
10,000
|
10,000
|
|
F-2
|
15,000
|
15,000
|
10,000
|
10,000
|
10,000
|
|
H-1
|
1,000
|
1,000
|
1,000
|
1,000
|
1,000
|
|
H-2
|
1,000
|
1,000
|
1,000
|
1,000
|
1,000
|
|
H-3
|
1,000
|
1,000
|
1,000
|
1,000
|
1,000
|
|
H-4
|
1,000
|
1,000
|
1,000
|
1,000
|
1,000
|
|
H-5
|
1,000
|
1,000
|
1,000
|
1,000
|
1,000
|
|
I-1
|
5,000
|
5,000
|
3,000
|
3,000
|
3,000
|
|
I-2
|
All
|
All
|
All
|
All
|
All
|
|
I-3
|
All
|
All
|
All
|
All
|
All
|
|
I-4
|
All
|
All
|
All
|
All
|
All
|
|
M
|
15,000
|
15,000
|
10,000
|
10,000
|
10,000
|
|
R-1
|
5,000
|
5,000
|
3,000
|
3,000
|
3,000
|
|
R-2
|
All
|
All
|
All
|
All
|
All
|
|
R-3
|
All
|
All
|
All
|
All
|
All
|
|
R-4
|
All
|
All
|
All
|
All
|
All
|
|
S-1
|
10,000
|
10,000
|
10,000
|
10,000
|
10,000
|
|
S-2
|
10,000
|
10,000
|
10,000
|
10,000
|
10,000
|
|
U
|
5,000
|
5,000
|
3,000
|
3,000
|
3,000
|
|
*
|
Excludes single-family home day care.
|
(b)
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 variances.
(3)
Minimum system requirements. The following minimum system requirements
shall be met when any occupancy type exceeds the limits in the preceding
table. Minimum system requirements shall include:
(a)
Audible notification appliances shall be installed throughout
protected premises.
(b)
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 nonaccessible area.
[5]
Any area the AHJ deems visible notification appliances are not
required.
(c)
Appliances that automatically detect fire 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 and are not normally occupied.
[2]
Normally unoccupied crawl spaces.
[3]
Normally unoccupied attic spaces.
[4]
Any nonaccessible area.
[5]
Appliances that automatically detect fire and/or products of
combustion are not required in buildings less than 25,000 square feet
that have complete automatic fire sprinkler systems installed in accordance
with NFPA 13, unless required by the AHJ. Note: State codes may be
more restrictive.
[Amended 9-6-2012 by Ord. No. 1352]
[6]
Any area the AHJ deems appliances that automatically detect
fire and/or products of combustion are not required.
(d)
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.
(e)
Water flow detection devices shall be connected to the protected
premises fire alarm system to specifically activate the notification
appliances upon water flow.
(f)
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, CO2, clean agent, water mist and
dry chemical systems.
(g)
Fire control and/or suppression systems supervisory condition
indicators shall be connected to and monitored by the protected premises
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 AHJ.
(h)
Fire alarm systems shall be addressable and capable of indicating
the status of all specific components connected to the system.
(i)
All fire alarm systems shall be monitored by a service acceptable
to the AHJ.
(j)
Fire alarm annunciators shall be installed in all protected
premises. The number of and locations of the fire alarm annunciators
installed shall be acceptable to the AHJ.
(k)
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.
(4)
Special requirements. On all buildings over two floors 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 IFC and NFPA 1, 13.7.2.27.2.2. Two-way
telephone service:
(a)
Two-way telephone communication service shall be provided for
Fire Department use. This system shall be in accordance with NFPA
72, National Fire Alarm and Signaling Code. 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]
(b)
The requirement of NFPA 1, 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).
(5)
Testing. When a fire alarm system and/or connected component is installed
or altered, a fire alarm system performance test shall be conducted.
Once the appropriate plans, permits, and installation work have been
completed, the installing contractor shall contact the AHJ to set
up the witnessing of a performance test to ensure 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 NFPA 72.
(6)
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 NFPA standard it shall also
apply. If at any point a fire alarm fails to pass the annual test
set forth in NFPA 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.
(7)
Fire alarm control panels. 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. Adequate access shall
be determined by the AHJ.
(8)
False alarms. In one calendar year, if the Fire Department responds to three or more false alarms as described in Subsections A and B of the definition of "false alarm" in § 191-2, the Fire Department may 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. Unobstructed 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 Ch. SPS 362, Wis. Adm.
Code (fire lanes provide access to fire streets). 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.[3])
(a)
Each structure must have one fire street along 50% of the length
of one facade of the building and include the area for the Fire Department
connection.
(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 10 feet of area dividing the fire street and the structure
must consist of open space (walkway, greenway, parking, and landscaping
are acceptable in this area).
(e)
Fire streets shall have an unobstructed width of at least 25
feet, although a thirty-foot minimum is required when parking abuts
both sides of the fire street.
(f)
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 50 feet of fire street. One or more
of these must be in line 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 feet by 20 feet is given
for every 50 feet of the intended fire street.
(h)
It shall be unlawful for any persons to park motor vehicles
on or otherwise obstruct any fire lane.
(i)
Turning radius. Curves and turnarounds, solely leading to or
within a fire street, shall be designed for a fire truck 41 feet long
with an inside turning radius of 28.5 feet and outside turning radius
of 49.5 feet with a two-foot unobstructed overhang (see diagram herein
for example). A minimum twenty-four-foot roadway of asphalt or concrete
is needed around a turn to accommodate this subsection.
[Amended 9-6-2012 by Ord. No. 1352]
|
|
Corner turning radius based upon fire truck 41 feet long with
an inside turning radius of 28.5 feet and an outside turning radius
of 49.5 feet. This equates to needing a minimum of 21 feet of pavement/concrete
around a turn. A multiple turn may require greater pavement needs
to accommodate a proper turning radius. However, all other Muskego
access ordinances apply (Example: Minimum twenty-four-foot accessway
for fire lane per Muskego ordinances applies.)
|
[3]
Editor's Note: See the document "Fire Street Examples for Site Planning" attached to this chapter.
(3)
Fire pumper pad. For occupancies where a special hazard exists or
where the size or configuration of the building or contents limit
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 Fire Department connection or standpipe connections. The
fire pumper pad will be 25 feet by 40 feet.
E.
Fire hydrants.
(1)
Intent. The intent of this subsection is to ensure adequate water
supply for firefighting 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, flowerbeds, fences, walls or any other area typically used
for ingress or egress to a building.
(2)
Where required.
(a)
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 300 feet from an approved hydrant by
normal access routes. One hydrant shall be located within 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-foot coverage rule. Required hydrants must be freestanding
and shall be installed not less than 40 feet from the building exterior
wall and may not be closer than 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 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.
(b)
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 300 feet from an approved hydrant. Water hydrants shall be provided
so that no trailer or building is more than 300 feet from an approved
hydrant by normal access routes.
(3)
Approved water hydrant. An approved water hydrant shall mean a water
hydrant with two two-and-one-half-inch and one four-and-one-half-inch
Fire Department connections. The connecting waterline between the
public water main and the approved water hydrant shall not be less
than six inches. All water hydrants approved by the AHJ and the Water
Utility and shall be installed in compliance with standards of the
Water Utility and NFPA 24. All water hydrants shall be installed and
maintained in such a manner and location so as to be accessible 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 aboveground construction or combustibles that are brought
onto the site.[4]
(4)
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 subsection 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.
(5)
Inspection, testing, maintenance and repair.
(a)
Private fire service mains and water tanks shall be periodically
inspected, tested and maintained in accordance with NFPA 25 at the
following intervals: private fire hydrants inspected, flow tested
and maintained annually and after each operation.
(b)
Property owner shall immediately advise the Fire Department
and the Water Utility as to hydrants which have been damaged, are
inoperable, or have been found deficient in required fire flow.
(c)
All inoperable hydrants shall be repaired as soon as possible
or within a reasonable time frame as determined by the AHJ.
(d)
All records of inspections shall be maintained on site and made
available to the AHJ upon request.
F.
Security and vault system.
(1)
An access box system (Knox®) has been adopted for use by the
Fire Department.
(a)
The following structures shall be equipped with an access box
at or near the main entrance or such location as required by the AHJ:
[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]
Multifamily 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.
(b)
The AHJ shall have the authority to require any structure to
have an access box.
(2)
All newly constructed structures subject to this subsection shall
have the access box installed and operational prior to the issuance
of any occupancy permit.
(3)
The owner or agent of a structure required to have an access box
shall at all times keep the following inside the box:
(a)
Keys to locked points of ingress and egress whether on the interior
or exterior.
(b)
The keys to locked mechanical equipment rooms.
(c)
The keys to electrical and elevator control rooms.
(d)
The keys needed to open any alarm panels.
(e)
Floor plans or maps as required by the AHJ.
(f)
The keys to the other areas as directed by the AHJ.
(4)
The access box shall be installed at the owner's expense.
(5)
The owner or agent of a structure required to have an access box
must ensure that all keys and other items contained in the access
box are those currently in use in the structure.
(6)
The size of access box must be approved by the AHJ.
(7)
Exception. Any building or site that has guard service 24 hours a
day, seven days a week, or any occupancy that remains open 24 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 a site plan
8 1/2 inches by 11 inches which includes the following information.
More than one page, if required, will be accepted.
(1)
Gas shutoff location.
(2)
Electric shutoff location.
(3)
Fire Department connection location.
(4)
Dimensions of the structure in English measurement units.
(5)
Location of hydrants around the site and at the street.
(6)
Location of standpipe.
(7)
Main entrance labeled.
(8)
Apartment, suite or unit numbers, if applicable.
(9)
Sprinkler control valves.
(10)
Alarm control panels.
(11)
Any special type of fire protection listed and area covered.
(12)
Location of access box.
(13)
Special construction features, skylights, blowout walls, etc.
(14)
Floor plans may also be included.
(15)
Name, address and telephone number of building owner.
(16)
Identify the street and structure is addressed.
(17)
Identify the direction North on the map.
H.
Standpipes.
(1)
Where required. Fire Department standpipes shall be provided in all
new structures over two stories in height or 25,000 square feet single
story in accordance with this subsection. All stairwells in buildings
over one story will require standpipes.
[Amended 9-6-2012 by Ord. No. 1352]
(2)
Installation. The installation of standpipes shall be in accordance
with this subsection and NFPA 14.
(a)
The class and location of standpipe and Fire Department connections
shall be determined by the AHJ.
(b)
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.
(c)
When required by the AHJ, approved standpipes shall be installed
as construction progresses, to make them available for Fire Department
use in the topmost floors constructed. Temporary standpipes may be
provided in place of permanent standpipes during the period of construction
when approved by the AHJ.
(d)
The Fire Department connections for the standpipe shall be approved
by the AHJ.
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:
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
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.
Printed material containing personal identification or financial
information that the owner wishes to destroy.
The Chief of the Tess Corners Fire Department or other person
authorized by the Fire Chief.
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.
Open burning or burning in an 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.
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.
[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.
Notwithstanding § 191-23G of this article, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this article.
B.
Small quantities of confidential papers from a residence may be burned
if necessary to prevent the theft of financial records, identification,
or other confidential information.
C.
Confidential papers from a commercial enterprise shall be shredded
or destroyed in a manner other than burning.
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.
