Number
001457
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to required annual fire inspections for public buildings and places of employment.
Sections
214-7-1-b-3 rp
214-7-1-c rc
214-7-1-d cr
214-7-2-b rc
214-7-2-c rc
Analysis
This ordinance requires the owner of each public building or place of employment, including each residential property with 3 or more dwelling units, to have an annual fire inspection of such building or place conducted on an annual basis. The ordinance also corrects the code to reflect the fact that, pursuant to s. 101.14(2), Wis. Stats. and appointment of the commissioner of neighborhood services as a deputy fire inspector of and by the Wisconsin Department of Commerce, the commissioner, rather than the fire chief, conducts such annual fire inspections.
Body
Whereas, Under s. 101.14(2)(a), Wis. Stats., the Wisconsin Department of Commerce may appoint the local building inspector as its deputy fire inspector in a city of the 1st class; and
Whereas, The commissioner of neighborhood services is the city of Milwaukee's building inspector; and
Whereas, The Wisconsin Department of Commerce has appointed the commissioner of neighborhood services as its deputy fire inspector in the City of Milwaukee; and
Whereas, Section 101.14(2)(d), Wis. Stats., authorizes the commissioner of neighborhood services, as the deputy fire inspector appointed by the Department of Commerce, to designate a sufficient number of fire inspectors to conduct annual fire inspections of all properties other than residential properties with 4 or fewer dwelling units; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 214-7-1-b-3 of the code is repealed.
(Note: The provisions being repealed read as follows:
214-7. Fire Prevention.
1. RESPONSIBILITIES OF THE FIRE CHIEF.
b. Investigation of Fires.
b-3. The chief shall be responsible for carrying out the requirements of ss. Comm 14.02(2)(d)1 and 14.03, Wis. Adm. Code, and s. 214-31.)
Part 2. Section 214-7-1-c of the code is repealed and recreated to read:
c. Fire Inspections. c-1. Annual Fire Inspections. 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 4 dwelling units.
c-2. Government Buildings. The fire chief or any authorized member of the fire department may perform all fire inspection duties with respect to buildings, structures and premises owned by the city of Milwaukee, county of Milwaukee, state of Wisconsin and the United States of America and all political subdivisions thereof.
Part 3. Section 214-7-1-d of the code is created to read:
d. Other Duties. The chief shall be responsible for carrying out the requirements of s. Comm 14.03, Wis. Adm. Code, and s. 214-31.
Part 4. Section 214-7-2-b and c of the code is repealed and recreated to read:
2. RESPONSIBILITIES OF THE COMMISSIONER.
b. Inspections. b-1. Inspection Required. The owner of each public building or place of employment in the city, including each residential property with 3 or more dwelling units, shall have a fire inspection of the building, structure or premises conducted on an annual basis. Pursuant to s. 101.14(2), Wis. Stats., and sub. 1-c-1, the commissioner shall be responsible for conducting such annual fire inspections.
b-2. Fee. The owner of each building, structure or premises for which an inspection is required under subd. 1 shall pay the annual fire inspection fee set forth in s. 200-33. The city of Milwaukee, Milwaukee county, state of Wisconsin and the United States of America and all political subdivisions thereof shall be exempt from payment of this fee.
b-3. Hazardous Storage or Obstructions. Whenever an inspector finds in any building or structure, or upon any premises, combustible waste material or explosive matter which is so situated or used as to endanger life or property, or finds in any building or structure an obstruction of exits therefrom or the storage of material on fire escapes, stairs, passageways, doors or windows where such obstruction or storage would interfere with the operation of the fire department or with the safe egress of building occupants in case of an emergency, the inspector may order the owner of the building, structure or premises to remove the hazardous material or remedy the hazardous situation.
b-4. Other Fire Hazards and Violations. Whenever an inspector finds any building or structure which is susceptible to fire because of lack of repairs, required exits, required fire alarm systems or required fire-extinguishing equipment, appliances or devices, or maintenance thereof, or which is especially liable to fire from any cause whatsoever, and such building or structure is so situated as to endanger the occupants thereof or endanger adjoining or adjacent property, or whenever an inspector finds in any building or structure, or upon any premises, any violations of the regulations of this chapter, the inspector may order the violations discontinued at once and order the elimination of conditions dangerous to the safety of any such building, structure or premises or the occupants thereof.
c. Other Duties. Other than the responsibilities of the fire chief listed in sub. 1, the duties of the fire chief as set forth in ch. Comm 14, Wis. Adm. Code, may be carried out by the commissioner.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Department of Neighborhood Services
Drafter
00512-1
JDO
2/1/01