City of Milwaukee - File #: 040388

• File #: 040388
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 7/7/2004
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 9/21/2004
• Effective date: 10/8/2004
• Title: A substitute ordinance relating to smoke alarms and smoke detectors in dwellings.
• Sponsors: ALD. MURPHY, ALD. D'AMATO
• Indexes: ALARM SYSTEMS, BUILDING CODE

Date	Ver.	Action By	Action	Result	Tally
10/7/2004	2	CITY CLERK	PUBLISHED
9/30/2004	2	MAYOR	SIGNED
9/21/2004	2	COMMON COUNCIL	PASSED	Pass	15:0
9/15/2004	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Speakers: Marty Collins, and Tracy Williams from the Dept. of Neighborhood Services; Atty. Heiner Geise, Orville Seymer and Kim Queen representing the Apartment Assoc. of Southeastern WI, Inc.	Pass	5:0
9/14/2004	2	CITY CLERK	DRAFT SUBMITTED
9/8/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
9/8/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
7/21/2004	1	CITY CLERK	DRAFT SUBMITTED
7/20/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Speakers: Marty Collins, Tracy Williams, Dave Dorman - Apt. Association of SE Wisconsin - would like tenants to check the unit smoke detector and owners check the detectors in common areas and Orv Seymour.	Pass	3:1
7/13/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
7/13/2004	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
7/7/2004	0	COMMON COUNCIL	ASSIGNED TO

Number

040388

Version

SUBSTITUTE 2

Reference

Sponsor

ALD. MURPHY AND D'AMATO

Title

A substitute ordinance relating to smoke alarms and smoke detectors in dwellings.

Sections

214-23 am

214-27-0 am

214-27-2 am

214-27-3 am

214-27-4 rc

Analysis

This ordinance makes the following changes to the city's regulations for smoke alarms and smoke detectors in dwellings:

1.  Testing of battery-operated smoke alarms in dwellings shall be conducted not less than once per calendar year, rather than on a quarterly basis.

2.  Testing shall be performed in accordance with the smoke alarm manufacturer's specifications for testing.

3.  Within one year of passage of this ordinance, every smoke alarm  located within 20 feet of the primary cooking appliance in a dwelling unit shall be required to have a silencing switch ("hush button").  

4.  Every residential building other than a one- or 2-family dwelling shall have a functional smoke detector or alarm at the head of every stairway on each floor level in the building.

5.  Not all dwellings may have battery-operated or plug-in smoke detectors or alarms; the type of smoke detectors or alarms permitted depends on when the building was constructed and the code in effect at that time.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 214-23 of the code is amended to read:

214-23.  Battery-Operated Smoke Alarms.  Every battery-operated smoke alarm shall be tested by the owner [[on a quarterly basis]] >>not less than once every calendar year<< .  The owner shall provide a copy of test results to the commissioner or the commissioner's designee upon request.  Test results [[shall be kept on the premises and]] shall include the [[dates]] >>date<< on which testing was performed and the name, telephone number and property relationship of the person who performed the [[tests]] >>test<<.  [[Testing shall insure smoke entry into the sensing chamber and an alarm response.  The method of the test shall be with smoke or a listed aerosol approved for that use by the manufacturer.]] >>Testing shall be performed in accordance with the manufacturer's specifications for testing.  By September 22, 2005, every owner shall take the actions necessary to ensure that any smoke alarm located within 20 feet of the primary cooking appliance within the unit has a silencing switch ("hush button").<<

Part 2.  Section 214-27-0 of the code is amended to read:

214-27.  Smoke Detectors >>and Smoke Alarms<< for Residential Dwellings >>Built Prior to January 1, 1983<< .

Part 3.  Section 214-27-2 and 3 of the code is amended to read:

2.  NUMBER AND LOCATION.  Every dwelling unit in a residential building >>constructed prior to January 1, 1983<<shall be provided with approved listed and labeled smoke detectors >>or alarms<< sensing visible or invisible particles of combustion, installed in a manner and location consistent with [[its]] >>their<< listing.  A minimum of one smoke detector >>or alarm<< shall be installed in the basement and on each floor level except in an unfinished attic or storage area >>, and not in a kitchen<< .  For floor levels containing a sleeping area, the required detector >>or alarm<< shall be installed within 6 feet of the sleeping area.  If a floor level contains 2 or more separate sleeping areas, each sleeping area shall be provided with a smoke detector >>or alarm<<.  >>Every residential building other than a one- or 2-family dwelling shall have a functional smoke detector or alarm at the head of every stairway on each floor level in the building.<<

3.  TYPE.  Smoke detectors >>and alarms<< required under this section shall be single station devices, either battery operated, plug-in or directly wired A/C units >>unless otherwise required by the code<< .

Part 4.  Section 214-27-4 of the code is repealed and recreated to read:

4.  RESPONSIBILITY.  The owner shall install any smoke detector required under this section according to the directions and specifications of the manufacturer of the smoke detector.  The owner shall maintain any such smoke detector that is located in a common area of the building.  The occupant of a dwelling unit shall maintain any smoke detector in that unit unless the occupant gives written notice to the owner of the unit that the smoke detector is not functional.  The owner shall provide, within 5 days of receipt of such notice, any maintenance necessary to make the smoke detector functional.

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:____________________

Requestor

Department of Neighborhood Services

Drafter

LRB04120-3

JDO

09/14/04