[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Editor's Note: This ordinance repealed and replaced former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:
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.
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:
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.
