Number
051471
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to various building code provisions.
Sections
200-19-2 am
200-33-51-b am
214-9-1 rn
214-9-1-b cr
244-4-3.7 am
244-10-2-c am
257-17-6 cr
275-20-7-0 am
Analysis
This ordinance:
1. Authorizes the department of neighborhood services to issue citations for violating certain provisions-s. 218-2, regulations relating to moving of buildings; s. 200-61, regulations relating to rehabilitation and construction of historic buildings, structures or sites; ch. 240, one- and 2-family uniform dwelling code provisions; and ch. 246, relating to trailers, mobile homes and trailer house communities.
2. Prohibits, for one- or 2-family dwellings, the operation of a burner within any combustible construction.
3. Requires that basement rooms be provided with 2 means of exiting and comply with the exiting requirements of ch. Comm 21, Wis. Adm. Code, if the basement rooms are in one- or 2-family dwellings; or with the exiting requirements of ch. 62, Wis. Adm. Code, if the basement rooms are in multifamily dwellings.
4. Requires that a printed notice be posted in each sleeping room of all hotels, rooming houses and other places of public abode advising residents and guests that any person who, by smoking, or attempting to light or to smoke cigarettes, cigars, pipes of tobacco, in any manner in which lighters or matches are employed, shall, in a careless, reckless or negligent manner, set fire any bedding, furniture, building, etc., shall be subject to penalties provided in s. 200-19.
5. Makes various technical changes.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-19-2 of the code is amended to read:
200-19. Penalties.
2. In addition to other applicable enforcement procedures and pursuant to the authority of s. 66.0113, Wis. Stats., the department may issue citations pursuant to the citation procedure set forth in s. 50-25 to any person violating any provision of ss. [[200-11-3, 200-11-4, 200-11-5-c, 200-11-5-d, 200-11-6-d]]>>200-11<<, 200-20-2, 200-21.5, 200-22-5, 200-24, 200-42, >> 200-61,<< ch. 207, ch. 214, ss.>>218-2,<< 218-6, 218-9-6, 222-11-3, 222-13-1, 222-19-1, ch. 223, ss. 225-2-1, 225-3-4, 225-3-5-a, ch. 236, >>ch. 240,<< s. 244-3, >>ch. 246,<< s. 252-1, ch. 261, ch. 275, ch. 289, ch. 290, ch. 295 or s. 308-81-9.
Part 2. Section 200-33-51-b of the code is amended to read:
200-33. Fees.
51. SIGNS.
b. The annual maintenance fee for projecting signs [[,]] >> that project into the public right-of-way<< shall be $30.
Part 3. Section 214-9-1 of the code is renumbered 214-9-1-a.
Part 4. Section 214-9-1-b of the code is created to read:
214-9. Responsibility to Eliminate Fire Hazards.
1. CONTAINERS FOR OPEN BURNING.
b. For a one- or 2-family dwelling, a burner shall not be operated within 15 feet of any combustible construction. Open flame cooking devices, including charcoal burners and LP gas burners, are exempt from this requirement for one and 2-family dwellings.
Part 5. Section 244-4-3.7 of the code is amended to read:
244-4. Location; Obstruction; Movement; Historic Buildings.
3.7. No sign or billboard may be placed on a building, structure or site within the historic third ward, as defined in s. [[308-71-2-e]] >>200-61-2-e>>, without approval of the architectural review board, as provided in s. [[308-7]] >>200-61<<.
Part 6. Section 244-10-2-c of the code is amended to read:
244-10. Signs Projecting into Public Right-of-Way.
2. PROJECTION: CLEARANCE.
c. No sign projecting into public right-of-way shall at the lowest point be less than 10 feet above the established grade immediately below, except in the historic third ward, as defined in s. [[308-71-2-e]] >>200-61-2-e<<, where a minimum of 8 feet, 6 inches is prescribed.
Part 7. Section 257-17-6 of the code is created to read:
257-17. Basement Rooms.
6. Such rooms shall be provided with 2 means of exiting.
a. For one- and 2-family dwellings, the exiting requirements shall comply with ch. Com 21, Wis. Adm. Code, as amended.
b. For multifamily dwellings, the exiting requirements shall comply with ch. Comm 62, Wis. Adm. Code, as amended.
Part 8. Section 275-20-7-0 of the code is amended to read:
275-20. Licensing of Licensed Dwelling Facilities.
7. REGULATIONS.
o. Negligence By Smokers. In each sleeping room of all hotels, rooming houses, and other places of public abode, a plainly printed notice shall be posted in a conspicuous place advising resident and guests of the >>following<< regulations [[of s. 214-13.]] >> : Any person who, by smoking, or attempting to light or to smoke cigarettes, cigars, pipes or tobacco, in any manner in which lighters or matches are employed, shall, in a careless, reckless or negligent manner, set fire to any bedding, furniture, curtains, drapes, house or any household fittings, or any part of any building so as to endanger life or property in any way or to any extent, shall be guilty of violating this section and shall upon conviction be subject to penalties provided in s. 200-19.<<
LRB:
APPROVED AS TO FORM
______________________
Legislative Reference Bureau
Date: ___________________
ATTORNEY
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
_____________________________
Office of the City Attorney
Date: _________________________
Department
Department of Neighborhood Services
Drafter
LRB05413-1
TWM/cac
1/5/2006