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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton 11-18-2019 by Ord. No. 020-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed and replaced former Title 7, Fire Prevention and Protection.
This chapter shall be known as, referred to, and cited as the "Fire Prevention, Protection and Control Code" or the "Fire Protection Code" and is hereinafter referred to as "this chapter."
The intent of this Code includes the following:
A. 
To provide the Village of Grafton (Municipality) with comprehensive regulations to improve public safety by attempting to control, limit, restrict and/or eliminate fire hazards.
B. 
To improve life safety for residents, occupants, employees, firefighters, and frequenters of places of employment and public buildings.
C. 
To regulate the installation, use and maintenance of equipment; regulating the use of structures, occupancies and open areas.
D. 
To require the removal and/or reduction of fire hazards; establishing the responsibilities and procedures for code enforcement; and to set the minimum standards for compliance and achievement of these objectives.
E. 
To protect property from the hazards of fire and explosion by establishing minimum standards for the use, operation, maintenance and inspection of buildings, structures and premises.
A. 
The provisions of this chapter shall apply to all public buildings and places of employment.
B. 
The following buildings and uses are not public buildings or places of employment and are not subject to the provisions of this chapter:
1. 
One- and two-family dwellings except where specifically included, as provided in this section and this chapter.
2. 
Buildings used exclusively for farming as described in § 102.04(3), Wis. Stats.
3. 
Nothing contained in this chapter 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.
4. 
Temporary buildings used for construction purposes only, not to exceed one story in height and not used as living quarters.
5. 
Buildings owned by the federal government.
C. 
The provisions of this chapter shall apply equally to new structures, including additions, and to change of use, change of occupancy, change of occupants, renovations of, alterations of, remodeling of and/or modifications to existing structures and existing conditions, except that existing conditions not in strict compliance with the terms of this chapter shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property, as determined by the authority having jurisdiction (AHJ), or have been superseded by this chapter.
D. 
The provisions of this chapter apply equally to the property owner and/or occupant.
E. 
If any conflicts exist between this chapter and any NFPA code and/or standard and/or state code, the most restrictive, as determined by the AHJ, shall be enforced by the AHJ.
F. 
Where the AHJ finds that an existing building, because of current occupancy, or a change in occupancy, constitutes a hazard to its occupants or adjoining property, the AHJ may order compliance with the provisions of this chapter. A hazard shall be determined by the existence of one or more of the following conditions:
1. 
Any building which by reason of its construction or highly combustible occupancy and/or contents involves a hazard to its occupants or, in the judgment of the AHJ, constitutes a fire menace, e.g., paint shop and other occupancies involving processing, mixing, storing, and dispensing of volatile liquids or solids.
2. 
Non-fire-resistive characteristics of a structure.
3. 
Accumulation of flammable or combustible materials of any kind.
4. 
Lack of accessibility to the premises for firefighting equipment.
5. 
Substantial number of fire calls or complaints on the premises.
6. 
Traffic patterns for pedestrian ingress and egress which require protection under this section.
7. 
Insufficient ventilation system.
8. 
Lack of an internal communication system, or, due to the size or type of building making regular Fire Department radio communication inoperable, the building owner is required to install a repeater system or something comparable to assist radio communications.
9. 
Number, characteristics and movement of employees which require protection under this section.
G. 
Additions to, change of use, renovated, altered, remodeled or modified buildings.
H. 
The provisions of this chapter shall apply to all existing structures, public buildings and places of employment that are additions, changes of use, renovations of, alterations of, remodeling of and/or modifications to existing structures and existing conditions.
I. 
If the use of and/or contents of any existing building is changed and becomes more hazardous as determined by the AHJ, the building shall be brought into compliance with this chapter.
J. 
Those portions, elements, systems or components of existing buildings and structures to be renovated, altered, remodeled or modified on or after the effective date of the rules under this chapter, and where the alteration, modification or the addition affects a building element or component relating to subject matters regulated by this chapter, shall be designed, constructed and maintained in accordance with the applicable rules of this chapter as the rules exist on one of the following:
1. 
The date plans for the alteration or modification are conditionally approved by the AHJ.
2. 
The date the local building permit is issued.
3. 
The date the replacement is initiated, where § 7.01.030J.1 and 2 do not apply.
K. 
Any change in occupancy or change of use of any premises. Any owner, agent or occupant making a change in occupancy or use of any premises, or occupying a previously vacant space, excluding any private dwelling, shall be required to obtain a safety inspection by the Fire Department prior to the new tenant taking occupancy of any building or structure that was previously vacated or any change in occupancy or change of use of any existing building or structure or portion thereof.
1. 
The owner, agent or occupant of a building shall schedule an appointment with the Fire Inspector for an inspection of the building and/or occupied space(s).
2. 
Any violations of this chapter, including all applicable codes and/or standards adopted by reference, or other portion of the Village of Grafton Municipal Code observed at the time of inspection shall be corrected prior to the new tenant taking occupancy or any change of use taking place.
3. 
The Fire Department is authorized to require a consultation and/or inspection fee for this inspection.
a. 
System submittal requirements. Any time that an automatic fire sprinkler, fire protection, fire alarm, fire control, fire-extinguishing and/or fire suppression system and/or any portion thereof is to be installed, altered, added on to, or has appliances removed, plans shall be submitted to the AHJ for review, permitting and conditional approval.
L. 
All plans for automatic fire sprinkler, fire protection, fire alarm, fire control fire-extinguishing, and/or fire suppression systems and/or any portion thereof must meet or exceed the applicable NFPA and AHJ's requirements. Also see specific requirements in each system type section.
M. 
Plans and all equipment data and manuals shall be submitted for review and conditional approval to the AHJ prior to a permit being issued.
N. 
A minimum of five complete sets of each plan, specification, equipment data and manuals and all calculations required by the AHJ shall be submitted to the approved location.
O. 
Complete and accurate as-built drawings and revised hydraulic calculations must be resubmitted for the AHJ's review and approval for all fire sprinkler systems that utilize CPVC piping prior to any piping being concealed.
P. 
A completed permit application must accompany all plan submittals.
Q. 
The permit application must be signed by the individual assuming complete responsibility for the submitted system(s).
R. 
The permit application for all fire sprinkler and standpipe systems must be signed by an individual who holds a valid Wisconsin automatic fire sprinkler contractor's license.
S. 
The appropriate permit, inspection and/or plan review fees must be submitted with each permit application.
T. 
Plans will not be reviewed until all fees have been received by the municipality.
U. 
All fire protection systems must meet or exceed all applicable State of Wisconsin codes, Village of Grafton local codes and all applicable requirements of NFPA codes and/or standards.
V. 
Conditional approval of any fire protection submittal and/or portion of any fire protection submittal is not intended to imply waiver or modification of any requirements of any applicable code, standard, regulation and/or law.
W. 
In granting any conditional approval, the Village of Grafton and/or the Village of Grafton Fire Department reserve(s) the right to require changes or additions should conditions arise making them necessary for code compliance.
X. 
As set forth in § 101.12(2) Wis. Stats., nothing in any review and/or conditional approval shall relieve the designer of the responsibility for designing a safe building, structure, or component.
Y. 
As set forth in SPS 305.51, Wis. Admin. Code, a person licensed as an automatic fire sprinkler contractor shall be responsible for each installation of an automatic fire sprinkler system.
Z. 
All fire protection, fire control, fire suppression, fire alarm and/or fire-extinguishing system, plan and/or submittal reviews are based on information provided.
AA. 
All fire protection, fire control, fire suppression, fire alarm and/or fire-extinguishing system plan and/or submittal reviews are done for general code compliance only.
AB. 
Fire protection, fire control, fire suppression, fire alarm and/or fire-extinguishing system plan and/or submittal review(s) do not relieve or limit the responsibility and/or liability of the contractor(s), architect, engineer, designer or any other responsible party for the system(s) reviewed.
AC. 
The Village of Grafton and/or the Village of Grafton Fire Department or any of its agents and/or firm or persons hired by the Village of Grafton and/or the Village of Grafton Fire Department to review plans are not responsible for and do not accept any responsibility and/or liability for the system(s) indicated on any plans and/or submittals reviewed.
AD. 
The conditional approval of any fire protection, fire control, fire suppression, fire alarm and/or fire-extinguishing system, plan and/or submittal by the Village of Grafton Fire Department and/or its authorized representative(s) shall not be construed as an assumption of any design responsibility by the Village of Grafton Fire Department and/or its authorized representative(s).
A. 
The following permits are required, and the Fire Department shall review submissions of an acceptable application:
1. 
Fireworks permits.
2. 
Blasting permits.
3. 
Tent permits.
4. 
Construction/installation and/or modification permits for any portion of the modification of any fire protection, fire alarm, fire detection, fire suppression, or fire control system.
5. 
Change in occupancy or use.
B. 
A permit must be obtained prior to the start of installation and/or alteration of any portion of a fire protection, fire alarm, fire control, and/or fire suppression system.
C. 
Permits will only be issued after the required fire protection, fire alarm, fire control, and/or fire suppression system plans and specifications have been reviewed and conditionally approved by the AHJ.
D. 
Permits for the installation and/or alteration of fire sprinkler and/or standpipe systems and/or any portion thereof will only be issued to individuals who hold a valid automatic fire sprinkler contractor's license.
E. 
Any contractor that begins installation and/or alteration of any system regulated by this chapter prior to obtaining the required permit will be charged a double permit fee or a $50 minimum.
F. 
Anyone that begins installation and/or alteration of any system regulated by this chapter prior to obtaining the required permit will be charged a double permit fee or a $50 minimum.
G. 
Any change in use or occupancy shall require a new permit.
H. 
Permit described. A permit, as specified and/or required by this chapter, shall constitute permission to maintain, store or handle materials or conduct processes which produce conditions hazardous to life or property or install equipment used in connection with such activities and/or for the installation and/or alteration of any portion of a fire protection, fire alarm, fire control, and/or fire suppression system. Such a permit shall not take the place of any other license or permit required by law.
I. 
A permit shall be valid for a stated or twelve-month period as may be specified thereon as determined by the AHJ to be reasonably necessary to promote safety in the permitted activity.
J. 
A permit shall not be transferable.
K. 
Inspection. Before a license, occupancy permit or other permit for the conducting of a business, trade, occupation or calling may be issued by the municipality or its departments under other chapters or provisions of this Municipal Code, the AHJ shall inspect and conditionally approve the receptacles, vehicles, buildings or storage places to be used.
L. 
Location of permit. Permits and licenses subject to the issuing, inspection or approval authority of the Fire Department or the AHJ under this chapter shall, at all times, be kept on the premises designated therein and be subject to inspection by the AHJ.
M. 
Certificates of occupancy. The Fire Department shall have dual authority with the Building Inspector in the issuance of certificates of occupancy for multifamily, public buildings, places of employment, commercial structures, places of public assembly and schools to the extent that the Fire Department shall inspect and have approval authority over proposed occupancies to ensure compliance with this chapter.
N. 
Plans. A copy of structural or applicable plans for all proposed construction of multifamily residences, commercial and industrial buildings and installations or upgrades of above- and below-ground tanks as required by ch. ATCP 93, Wis. Admin. Code, shall be submitted to the AHJ for review.
O. 
Building permits. Building permits shall be issued only for those buildings which conform to the provisions of this chapter.
P. 
The AHJ shall review and conditionally approve or deny all plans submitted to the Fire Department under this chapter within 10 working days of submission and, upon a denial, shall within such time electronically mail to the applicant a written statement setting forth the fact of such denial and the reasons therefor. If the AHJ denies a plan, the Building Inspection Department shall not issue a permit. The applicant may appeal the decision of the AHJ to the Zoning Board of Appeals within 30 days of the date of the written denial. Plans not returned to the Building Inspection Department stamped "denied" or "conditionally approved" within 10 working days of submission to the AHJ shall be considered "conditionally approved."
Q. 
Whenever the applicant shall claim that the provisions of this section do not apply to the structure in question or that the intent and meaning of this section have been misconstrued or wrongly interpreted by the AHJ, the applicant may appeal such decision of the AHJ to the Zoning Board of Appeals within 30 days of the date of the decision.
A. 
The AHJ may revoke any permit issued in accordance with this chapter in any case where the AHJ may find that any of the conditions for the issuance have not been maintained or where there has been a 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 Chief of the Fire Department. The decision of the Chief for revocation, following the hearing, shall be final.
C. 
All permits and conditional approvals shall automatically expire one year after the date of the permit or conditional approval, whichever is later, if the system or equipment has not been completely installed and tested to the satisfaction of the AHJ.
D. 
The AHJ may extend a permit and/or conditional approval as required if requested in writing by the owner or the owner's authorized representative.
A. 
The AHJ thereon shall enter upon the records of the Department, and a signed copy shall be furnished to the applicant of, the particulars of such variances when granted.
B. 
The AHJ may require tests as proof of compliance with the intent of this chapter. 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.
C. 
If technical expertise is unavailable within the municipality because of new technology, processes, products, facilities, materials, design, operation or use of a building or premises subject to the inspection of the municipality, the AHJ 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 AHJ 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 prescribe all necessary recommended changes. The Fire Department may also acquire technical assistance from a consultant and may charge a fee to the owner or occupant for the service provided.
A. 
The AHJ may request that the Building Inspector issue a stop-work order upon any permit issued subject to the inspection and approval authority of this chapter, where the AHJ finds that any of the conditions for issuance have not been maintained or where there has been any false statement or misrepresentation of any material fact made in the application or plans upon which the issuance was based.
B. 
If the AHJ determines requirements of this chapter are not complied with, the AHJ may issue a stop-work order on any project or portion thereof.
C. 
No work may begin on installation of a fire sprinkler, fire alarm, fire control, fire suppression, fire-extinguishing system or any portion thereof until plans have been submitted and reviewed by the Village of Grafton Fire Department or its designee and a permit and conditional approval have been obtained from the Village of Grafton Fire Department. A stop-work order may be given to any contractor, owner or agent who has begun work on any system without conditionally approved plans and permit. All fees will be tripled and a special inspection fee as set by the Village Board will be charged by the Fire Department. An inspection of all work completed at the time of the stop-work order will be performed after plans have been conditionally approved. Should any discrepancy exist from the conditionally approved plans and the actual installation, it shall be corrected prior to a start-work release being issued.
A. 
Occupancy inspections are required.
B. 
The Fire Department shall conduct inspections of public buildings and places of employment prior to the issuance of local occupancy permits.
C. 
Written documentation of the inspections shall be kept by the Fire Department and Building Inspection Department.
A. 
All fire sprinkler, fire control, fire-extinguishing, fire suppression systems and fire alarm systems shall be inspected by the AHJ and/or their agent prior to having any of their parts covered up or concealed in any manner whatsoever.
B. 
The AHJ and/or their agent shall be given a minimum of a seventy-two-hour notice prior to any system inspection.
C. 
The AHJ and/or their agent shall witness all tests of fire sprinkler, fire control, fire-extinguishing, fire suppression systems, fire alarm systems, fire alarm initiating devices, notification appliances, and any other required system requiring an operational test.
D. 
The AHJ and/or their agent shall be given a minimum of a seventy-two-hour notice prior to any system witness test.
E. 
All testing for any reason that requires the use of a pressure gauge shall be done using a liquid-filled gauge that is new or has been calibrated and certified within six months of any test the AHJ requires. The certification shall be acceptable to the AHJ and documentation of such shall be provided when requested.
A. 
The AHJ and/or its authorized representative may, at all reasonable hours, enter any place of employment and/or public building within its jurisdiction for the purposes of making any inspection or investigation which, under the provisions of this chapter, it shall deem necessary.
B. 
The AHJ shall inspect, or cause to be inspected, all places of employment and public buildings as often as may be necessary, but not less than once a year.
C. 
The purpose of any inspection and/or investigation is to determine if any violations of the provisions or intent of this chapter and/or the codes or standards adopted by reference exist and to order corrections of the violations observed.
D. 
The AHJ, upon the complaint of any person or whenever it shall deem necessary, shall inspect any place of employment and/or public building and premises within its jurisdiction.
E. 
Any owner or occupant of any place of employment and/or public building who refuses to permit, prevents, or interferes with entry into or upon the premises by anyone authorized by the AHJ shall be guilty of violating this chapter and shall be subject to a penalty as set forth in § 7.09.010.
F. 
Inspection warrants. The Fire Chief or Fire Inspector may obtain a special inspection warrant as provided under § 66.0119, Wis. Stats., when necessary in their opinion for the purpose of making an inspection or investigation of any building or premises where the owner has either failed to respond to previous orders for entry or has refused entry.
A. 
The Fire Chief or anyone the Fire Chief has designated as the AHJ shall enforce the provisions of this chapter.
B. 
Whenever any AHJ or any designee of the Fire Department shall discover fire hazards as listed below, he or she shall order such conditions or materials removed or remedied in such manner as may be specified or in a manner acceptable to the AHJ:
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.
3. 
Dangerous accumulations of rubbish, waste paper, 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 vent hoods.
5. 
Obstructions to or in fire escapes, stairs, passageways, doors, or windows, liable to interfere with the operation of the Fire Department or egress of occupants. This includes snow.
C. 
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.
D. 
The AHJ may use any means in documentation of any inspections and/or conditions, including but not limited to the use of photographing, video and/or electronic equipment.
A. 
The service of correction orders may be made upon the owner, occupant or both or any other person responsible for the conditions that violate any section of this chapter. A copy of the service order can be delivered via electronic mail (email), delivering personally to the above-mentioned parties or by leaving it with the person in charge of the premises at the time of the inspection. Any such order may be given verbally, handwritten on an approved inspection form or typed and delivered, in the means listed above or by placing such order in a conspicuous place on the door to the entrance of the premises.
B. 
Compliance with service of correction orders that include conditions that are hazardous to life or safety of the occupants shall require immediate correction. All violations shall be corrected within a specified time or date, as the AHJ shall determine and shall list on the correction order.
C. 
When the owner of any property or person in apparent control of the property is issued an order by the AHJ and fails to comply with the order, the municipality may do the work ordered or cause the work ordered to be done, 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 § 66.0627, Wis. Stats.
D. 
No person shall refuse to permit or shall prevent or interfere with any entry into or upon any building or premises by the AHJ who is lawfully on the premises or interfere with any such inspection. If consent to enter onto 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 AHJ shall obtain a special inspection warrant under § 66.0119, Wis. Stats.
E. 
Compliance with orders. Any such order given shall forthwith be complied with by the owner and occupant of such building, structure or premises. The owner or occupant may, within 24 hours of the receipt of such order, appeal to the Fire Chief in writing for a review of such order, who shall thereafter as soon as possible file their decision. Unless such order is revoked or modified by the Fire Chief, it shall remain in full force and shall be complied with in the time fixed in said order. Appeals of orders in conflict with orders of the Department of Safety and Professional Services may be made pursuant to § SPS 314.01(9), Wis. Adm. Code.
A. 
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 or her duly authorized agent shall submit the changes in writing to the Fire Department and Building Inspection Department within five working days. The information shall consist of the following:
1. 
Name and address of occupancy.
2. 
Owner's name, address and phone number(s).
3. 
Agent's name, address and phone number(s).
4. 
Other information as required by the AHJ.
B. 
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 Fire Department within five working days. The information shall consist of the following:
1. 
All information required in § 7.01.130A.1.
2. 
Type(s) of fire protection systems.
3. 
Service company name, address and phone number(s).
C. 
No change can be made in the use or occupancy of any building or structure, or any space within a building, structure, or space of a building or structure either in a different division of the same occupancy group or in a different occupancy group, unless the building or structure complies with this chapter's requirements for the new division of occupancies, as these requirements exist. This subsection does not apply to an approved temporary use or to a new use that will be less hazardous, based on life and/or fire risk, than the existing use.
D. 
An inspection by the Fire Department shall be required for any new or change of occupancy.
The AHJ may allow a building or portion of a building to be used temporarily in a manner that differs from the approved use for the building or space, or may approve a temporary building to be used by the public, subject to all of the following provisions:
A. 
The AHJ shall determine the time frame within which the temporary use is permitted, based on the extent hazards are created by the temporary use.
B. 
The AHJ shall determine maximum occupancy load.
C. 
The AHJ shall determine any fire protection and/or control devices and life safety provisions that may be needed.
This chapter shall not be construed to affect the responsibility of any persons owning, operating, or installing equipment for injury to persons or damage to 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 any plan, system, submittal review and/or conditional approval, inspection or reinspection authorized herein or the permit issued herein provided or by reason of the disapproval or approval of any equipment and/or system authorized herein.