Number
250302
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. BURGELIS, TAYLOR, MOORE AND SPIKER
Title
A substitute ordinance relating to tenant acknowledgment of fire safety code noncompliance in certain multifamily residential buildings.
Section
200-33-17 am
214-7-c-1 am
214-28 cr
Analysis
This ordinance requires the lessor of a residential rental building with 3 or more dwelling units to disclose, in a clear standardized form, whether a rental dwelling unit or the structure in which it is located is equipped with required fire alarm and fire suppression systems such as sprinklers, is lawfully exempt and legally non-conforming, or not compliant and not exempt. The disclosure shall include the most recent fire inspection date and, if applicable, the expiration of any temporary occupancy permit related to fire and life-safety systems. Dwelling units in buildings with 16 or more units or 3 or more stories above grade operating under lawful exemptions shall be inspected at least once every 6 months. The department of neighborhood services may issue orders to vacate unsafe dwellings or those lacking valid permits, ensuring tenants are informed and protected when fire and life-safety standards are not met.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-33-17 of the code is amended to read:
200-33. Fees.
17. FIRE INSPECTIONS. An annual fee shall be charged >>for each fire inspection performed at a property<<, equal to 1.5% of the city portion of the combined gross property tax levy, which is levied upon the [[inspection]] >>inspected<< property. The minimum fee shall be $100 and the maximum fee shall be $625. Fire inspection fees shall be charged against the real estate upon which the inspection takes place, shall be a lien upon the real estate and shall be assessed and collected as a special charge.
Part 2. Section 214-7-c-1 of the code is amended to read:
214-7. Fire Prevention
c. Fire Inspections.
c-1. Pursuant to s. 101.14(2), Wis. Stats., the commissioner of neighborhood services, as building inspector of the city, is authorized to conduct the annual fire inspections of all non-residential properties required by that section. In addition, the commissioner is authorized to conduct annual fire inspections of residential buildings with 3 or more dwelling units and transitional housing, regardless of the number of dwelling units. >>Multi-family residential buildings are subject to multiple annual fire inspections as determined by the commissioner based on an evaluation of risk.<<
Part 3. Section 214-28 of the code is created to read:
214-28. Disclosure of Building Code Exemptions in Residential Rental Dwellings. 1. DISCLOSURE REQUIREMENT. a. A lessor of a residential building containing 3 or more dwelling units shall disclose in writing to a prospective lessee whether the dwelling unit, or the structure in which it is located, is subject to any exemption from current fire sprinkler or fire suppression system requirements as a legally non-conforming building.
b. If the dwelling unit or structure is not equipped with required fire alarm or fire suppression systems and is legally non-conforming, the lessor shall provide written notice of that exemption prior to execution of any lease or rental agreement.
c. The disclosure and lessee acknowledgment required under this section shall be made on a separate document, consisting of one page, designated exclusively for this purpose. Such document shall not be combined with, or incorporated into, the lease, rental agreement, or any other disclosure required under federal, state, or local law.
2. DISCLOSURE FORM. a. The separate disclosure document shall include the following statement, or language substantially similar in meaning, placed prominently on the page:
NOTICE TO TENANTS
This notice explains the safety and code status of the building or unit you are renting. Please read it carefully before signing your lease.
This rental dwelling unit or the structure in which it is located is:
[ ] Up to date with all current fire alarm and fire suppression system requirements.
[ ] Legally exempt from current fire alarm and fire suppression system requirements.
Last Fire Inspection Date: __________________________
The lessee is advised to consider appropriate safety precautions, including but not limited to the development of an emergency escape plan, the regular inspection of smoke detectors, and any accommodations necessary for accessibility.
3. ACKNOWLEDGMENT. a. The acknowledgment shall be made on a separate standardized document, consisting of one page, designated exclusively for this purpose.
b. The acknowledgment shall not be combined with, or incorporated into, the lease, rental agreement, or any other disclosure required under federal, state, or local law.
c. The acknowledgment shall contain the following language, or language substantially similar in meaning, placed prominently on the page:
TENANT ACKNOWLEDGMENT
I have received and read the disclosure notice that shows whether this unit or building is:
- Fully up to date with current building codes,
- Legally exempt from certain codes, or
- Not fully up to date and not exempt.
I understand this notice is for information only and does not change my lease or my rights as a tenant.
[ ] YES, I have received and understood this notice.
Signature of Tenant: ________________________ Date: ___________
4. RETENTION AND SUBMISSION OF RECORDS. a. A lessor shall retain the signed disclosure document for a period of not less than 3 years following the commencement date of each lease.
b. The lessor shall maintain proof that the required disclosure document for each dwelling unit has been completed and signed, and shall make such proof available to the department upon request or during any inspection, license renewal, or permit review conducted by the city.
c. This subsection shall not apply to the following:
c-1. Temporary lodging in a hotel, motel, or similar establishment.
c-2. A dwelling unit subject to equivalent disclosure requirements under applicable state or federal law.
5. ENFORCEMENT AND PENALTIES. a. Any lessor who fails to comply with the provisions of this section shall be subject to the penalties provided in s. 200-19 or any other applicable provision of the code relating to violations of housing, rental, or occupancy regulations.
b. Each day during which a violation continues shall constitute a separate offense.
c. The department shall be authorized to receive complaints and enforce the provisions of this section through administrative citation or reinspection, as appropriate.
d. Enforcement of this section shall be initiated upon complaint by a tenant, or upon review of records submitted with rental license renewals or inspections.
e. For any lessor found non-compliant under this section, the department shall conduct follow-up inspections of the affected property at least once every 6 months until compliance is achieved. Costs of such inspections may be charged to the lessor as permitted under applicable code provisions.
f. Any residential building with 16 or more dwelling units, or with 3 or more stories above grade, that is not fully compliant with current fire suppression system and fire alarm code requirements but is lawfully exempt as a legal non-conforming building shall remain authorized for occupancy under a valid certificate of occupancy issued by the department. The department shall inspect the dwelling periodically, at intervals not to exceed 6 months, to verify that conditions have not deteriorated or changed in a manner that creates a life-safety hazard or voids the lawful exemption. If an inspection identifies a condition that presents an imminent threat to health or safety, or indicates that the lawful exemption no longer applies, the department may take appropriate enforcement action under s. 200-19, including the issuance of an order to correct or an order to vacate.
g. For a dwelling subject to par. f, the lessor shall update the tenant disclosure notice within 10 days after each inspection conducted by the department to reflect the new last inspection date. For properties operating under a license requiring periodic renewal, such as a rooming house license, the updated disclosure shall also be provided to tenants prior to license renewal. A copy of the updated notice shall be provided to the tenant and retained by the lessor as required under sub. 4-a.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: November 12, 2025
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB180776-6
Addis Zewdie/jdo
11/12/2025