Number
251772
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to the inspection of parking infrastructure.
Section
275-32-14 cr
Analysis
This substitute ordinance establishes a requirement for parking structures to receive critical examinations.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 275-32-14 of the code is created to read:
275-32. Exterior Structure.
14. PARKING STRUCTURE CRITICAL EXAMINATION
a. Purpose. In order to maintain parking structures in a safe condition, the following requirements shall apply to all parking structures:
b. Definitions. In this subsection:
b-1. “Category I building” means a building constructed with exterior walls and parts thereof that are primarily reinforced with or are in direct contact with non-corrodeable metal.
b-2. “Category II building” means a building constructed with exterior walls and parts thereof that are primarily reinforced with or are in direct contact with corrosion-resistant metal.
b-3. “Category III building” means a building constructed with exterior walls and parts thereof that are primarily reinforced with or are in direct contact with corrodeable metal.
b-4. “Category IV building” means a building constructed with exterior walls and parts thereof that are primarily secured to the substrate by adhesive bond or with masonry headers.
b-5. “Close-up visual examination” means that the professional or the architect- in-training, engineer-in-training, technician, contractor or skilled trades person, under the professional’s direct supervision, must actually touch the structure by hand or tool, unless other methods are approved prior to the inspection by the commissioner.
b-6. “Corrodeable metal” means unprotected carbon steel, shop-primed steel, uncoated reinforcing bars and other metals that can corrode.
b-7. “Corrosion-resistant metal” means corrodeable metal that is galvanized, epoxy-coated or painted specifically to resist corrosion with that finish intact.
b-8. “Critical examination” means a close-up visual examination of the condition of one scaffold drop per elevation of the structure, or parts thereof, performed by or under the direct supervision of a professional employed by the owner or agent for the purpose of determining if remedial work is required. The structure area which cannot be examined through a close-up visual examination shall be subject to a remote examination.
b-9. “Structure” means all areas on the exterior of the building, except for horizontal roof areas. The structure includes all walls, windows, balconies, cornices, parapets and appurtenances. The structure also includes walls supported on roofs, such as penthouse walls, chimneys, etc.
b-10. “Non-corrodeable metal” means stainless steel, aluminum or other metal that does not corrode under atmospheric conditions.
b-11. “Professional” means a registered architect or registered structural engineer in the state of Wisconsin. The professional responsible for the critical examination shall be qualified by education and experience in design, inspection or repair design of the type of exterior wall system(s) on the building being examined and shall perform services only in the areas of his or her competence as required under ch. A-E 8, Professional Conduct, Wis. Adm. Code.
b-12. “Remote examination” means an examination performed by a professional and involving the use of binoculars, photographic magnification techniques, remote observation equipment or infra-red or thermography cameras, which can demonstrate reasonable reliability in determining if an area needs a critical examination.
b-13 “Repair plan” means a plan created by the professional which identifies the nature of the defect to be corrected, a detailed procedure for making the repairs, a detailed sketch of the corrections or installation, a plan outlining
protective measures for the public when applicable and a time schedule for the repairs.
b-14. “Safe” means a condition observed in a wall that exhibits neither an "unsafe and imminently hazardous condition" nor "safe with an ordinary repair and maintenance program" at the time of the critical examination.
b-15. “Safe with an ordinary repair and maintenance program” means a condition of a structure, or part thereof, that is safe at the time of inspection, but requires ordinary repairs or maintenance within a time period designated by the professional, not to be later than the next required structure inspection date, in order to prevent its deterioration into an unsafe or unsafe and imminently hazardous condition.
b-16. “Scaffold drop” means a movement from top to bottom of a structure and covering an area at least 24 feet wide using scaffolding, cranes, hoists, cherry pickers, ladders and other devices that permit a close-up visual examination of the structure at elevations above grade level.
b-17. “Story” means the space in a building between the surfaces of any floor and the floor next above or below, or roof next above, or any space not defined as basement, ground floor, interior balcony, mezzanine, penthouse or attic. The number of stories of a multistory building includes all stories except the basement, ground floor, interior balcony, mezzanine, penthouse or attic.
b-18. “Unsafe and imminently hazardous condition” means a condition in which a structure has no reliable means of structural support and is dangerous to people or property.
b-19. “Unsafe condition” means a condition of a structure, or part thereof, which was reported as safe with an ordinary repair and maintenance program in an earlier critical examination report and, upon inspection, is found not to have been corrected within the time period designated by the professional.
c. Periodic Critical Examination. A critical examination shall be performed by a professional and shall include all of the following:
c-1. The examination shall begin with an elevation parallel to any public sidewalk, walkway, street or alley.
c-2. A close-up visual examination of the building to be performed from a platform or device which allows an inspection of the structure area which can be reached by one scaffold drop per elevation. Other methods may include photographic magnification techniques, remote observation equipment or infra-red or thermography cameras, which can demonstrate reasonable reliability and which may be approved in addition to the close-up visual examination by the commissioner on a case-by-case basis.
c-3. A remote examination of those structure areas which are not accessible during the close-up visual examination.
c-4. A complete review of the most recently prepared inspection report.
c-5. A complete review of the pertinent drawings and specifications of the building to determine the specified designs of the structure.
c-6. A complete review of the drawings, specifications and maintenance reports on previous repair work performed on the structure.
c-7. Documentation of the condition of the structure through photographs and drawings.
c-8. A notification to the owner or agent of any wall areas that are bowed, bulged, displaced or leaning inward or outward and, where such defects exist, an examination of the condition of a sufficient number of metal ties, anchors and shelf angles that support the wall at these locations. The owner or agent shall promptly notify the department of such defects, and it shall be the responsibility of the professional to determine the appropriate repair or stabilization procedures. All work necessary to rectify the defects shall be done on a schedule set by the department, in consultation with the professional.
c-9. Examination of the substrate of wall areas with external visible distress.
d. Remote Examination. A remote examination, rather than a critical examination, may be performed by a professional on all structures which are more than 25 feet from the street line, alley, sidewalk, any paved walkways, plazas or play areas that are routinely used by the public and shall include all of the following:
d-1. Methodically scanning the structure area through the use of magnification devices.
d-2. Viewing vertically from street grade and down from parapet (where possible) and along all corners for alignment of structure elements.
d-3. Viewing horizontally to check for alignment of bands of structure elements (such as cornices, water tables, balconies, window lintels and sills).
d-4. Examining any areas which are bowing, bulging, displaced or leaning inward or outward by performing a critical examination.
e. Fire Escape Critical Examinations. Fire escape critical examination reports, as required by s. 214-19-2, may be provided as part of this report.
f. Examination Schedule. Inspection reports must be filed with the department on the following schedule, unless otherwise ordered by the commissioner:
f-1. Category I Buildings.
f-1-a. If constructed prior to 1920, by December 1, 2028 and every 12 years thereafter.
f-1-b. If constructed between 1920 and 1950, by December 1, 2029 and every 12 years thereafter.
f-1-c. If constructed in 1951 or later and 15 years old or older, by December 1, 2030 and every 12 years thereafter.
f-2. Category II and IV Buildings.
f-2-a. If constructed prior to 1920, by December 1, 2028 and every 8 years thereafter.
f-2-b. If constructed between 1920 and 1950, by December 1, 2029 and every 8 years thereafter.
f-2-c. If constructed in 1951 or later and 15 years or older, by December 1, 2030 and every 8 years thereafter.
f-3. Category III Buildings.
f-3-a. If constructed prior to 1920, by December 1, 2028 and every 5 years thereafter.
f-3-b. If constructed between 1920 and 1950, by December 1, 2029 and every 5 years thereafter.
f-3-c. If constructed in 1951 or later and 15 years or older, by December 1, 2030 and every 5 years thereafter.
f-4. If a critical examination report was completed 5, 8 or 12 years or less prior to the submission due date, depending on the building category, the report may be submitted to the department for review. If the report is accepted, the next report will be due within 5, 8 or 12 years of when that report was originally completed, depending on the building category.
g. Critical Examination Reports. The professional shall submit a written report to the owner or agent and 2 copies of the report to the commissioner. A critical examination by a professional shall be performed with the understanding that, because of the physical properties of the many materials commonly used for constructing structures, and the limitations on detecting concealed internal wall distress, a critical examination performed by a professional may not find “unsafe and imminently hazardous conditions” in the structure. Therefore, submittal of the critical examination report is not a representation that all “unsafe and imminently hazardous conditions” in the structure have been identified. The report shall include:
g-1. The name and address of the building.
g-2. The name, address and phone number of the building owner and agent.
g-3. The name, business address and phone number of the professional preparing the report.
g-4. A site plan of the building showing adjacent streets and alleys, and relationship of the building to property lines and adjacent buildings.
g-5. A description of the building, including the number of stories, height, plan dimensions, age and type of exterior wall construction, describing (as applicable) cornices, soffits or similar overhangs or features.
g-6. Overall photographs or drawings of the 4 elevations of the building.
g-7. A detailed description of the critical examination in narrative form, including start and completion dates.
g-8. A designation of the building’s status by the professional, as defined in par. c.
g-9. Drawings or photographs describing the locations and extent of all significant distress or deteriorated conditions observed in the structure.
g-10. A description of recommended repair work and precautionary measures that will be taken to safeguard the public, if any, and the recommended completion date of such work.
g-11. Where appropriate, a comparison of conditions of elements of the structure with conditions observed during previous examinations.
g-12. A recommendation for future examination, if earlier than 5 years from date of the report.
g-13. The signature and seal of the professional who performed the critical examination.
g-14. The signature of the owner or agent acknowledging his or her knowledge of the building’s condition and responsibility to maintain the building in a safe condition.
g-15. The date of the report.
g-16. Other documents, notes, summaries, memoranda, letters or ancillary reports pertinent to the critical examination report prepared by the professional and submitted to the owner.
h. Building Status. Based upon the exterior maintenance status of each building, the commissioner may issue orders to make needed repairs and obtain required permits . The procedure shall be as follows, based upon the exterior maintenance status of each building:
h-1. Buildings Determined “Safe”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent, and professional, bearing a stamp of receipt signed by the commissioner.
h-2. Buildings Determined “Safe With an Ordinary Repair and Maintenance Program”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent bearing a stamp of receipt signed by the commissioner upon approval of a repair schedule
prior to the commencement of any work and filing of a second report by a professional stating the required work was performed.
h-3. Buildings Determined to be in an “Unsafe Condition”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent bearing a stamp of receipt signed by the commissioner upon filing of a repair plan prepared by a professional, filing of a follow-up report by the professional stating that the building has been brought back to a “safe condition” within the time schedule established by the commissioner and completion of a scheduled inspection by the department.
h-4. Buildings Determined to be in an “Unsafe and Imminently Hazardous Condition”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent bearing a stamp of receipt signed by the commissioner upon completion of the following:
h-4-a. Notification by the professional to the commissioner by the next business day related to the condition of the building.
h-4-b. Detailing the appropriate precautionary measures to be taken by the owner prior to a scheduled city inspection to prevent further deterioration and to make the site safe to the public and building occupants prior to scheduled repairs being performed. If the building owner fails to take these measures prior to the city inspection, the commissioner may cause the precautionary measures to be taken. The cost incurred by the city in taking the necessary precautionary measures may be charged against the real estate upon which the building is located, and if that cost is so charged it is a lien upon such real estate and may be assessed and collected as a special charge.
h-4-c. Submission of a repair plan within 3 business days of the notification to the commissioner of the condition of the building.
h-4-d. A written report by the professional noting that repairs have been performed to bring the building into a “safe condition” on a schedule created by the commissioner shall be submitted in duplicate to the commissioner by the owner.
h-4-e. A professional has submitted a maintenance plan for the building and monthly reports to the commissioner related to the maintenance work performed.
h-4-f. Another critical examination has been scheduled to be performed within a year, with the report of that examination to be submitted to the commissioner.
LRB
APPROVED AS TO FORM
________________________
Legislative Reference Bureau
Date: February 18, 2026
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB181420-2
Gunnar Raasch
02/17/2026