Number
030621
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to fire prevention regulations.
Sections
200-08-71.6 am
214-3 am
214-9 rc
214-13 rp
214-15 rp
214-17 rp
214-21 rp
214-23 rc
214-25 rc
214-27-0 am
214-27-1 rn
214-27-1 cr
214-27-2 rn
214-27-2 am
214-27-3 rn
214-27-4 rn
214-29 rp
Analysis
This ordinance repeals or revises various provisions of the building code's fire prevention regulations. These changes are necessitated by the city's recent adoption of portions of the International Fire Code, as well as by the recent issuance of an order by the Wisconsin department of commerce to the City relating to fire prevention regulations.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-08-71.6 of the code is amended to read:
200-08. Definitions.
71.6. RESIDENTIAL BUILDING means >>, unless otherwise specified,<< a residential building or any vacant building whose legal use prior to vacancy was as a residential building. Multiple buildings on a single tax key-numbered parcel may be recorded as a single building.
Part 2. Section 214-3 of the code is amended to read:
214-3. Adoption of Model Fire Code. Pursuant to s. Comm 14.004(1), Wis. Adm. Code, as amended, the city of Milwaukee adopts chs. 3 to 10, 12 to 21, 23 to 29, 36, and 39 to 42, Int. Fire Code, as amended, except where in conflict with applicable state statutes >>and the special order for the city of Milwaukee granted by the Wisconsin department of commerce on July 5, 2002<< .
Part 3. Section 214-9 of the code is repealed and recreated to read:
214-9. Responsibility to Eliminate Fire Hazards.
1. CONTAINERS FOR OPEN BURNING. Open burning shall be conducted only under constant supervision in a substantial burner built of metal, concrete or brick, well covered or screened to prevent the escape of sparking and burning embers.
2. ENFORCEMENT AUTHORITY. The commissioner may delegate limited authority to the police department to enforce open burning regulations.
3. CARRYING FIRE. No person shall carry, keep or maintain any fire in, through or upon any public thoroughfare or premises, except within an approved, closed, secure pan, vessel or vehicle.
4. SPARKS FROM CHIMNEYS OR SMOKESTACKS. The owner of any chimney or smokestack used in connection with heating or power boilers or furnaces, or for burning of waste or refuse, from which there are emitted sparks or burning embers shall provide on such chimney or stack an approved arrestor, screen or other device that will prevent such emission.
5. WINDOWS AT FIRE OPENINGS; FIRE ESCAPES. a. In a building having windows in exterior walls, a specific window or windows shall be clearly designated as "FIRE OPENING" both on the inside and outside and as approved by the commissioner. Such fire openings shall be maintained at intervals not greater than the intervals established for cross passageways. The purpose of such openings is to provide suitable access for fire department use to the interior of the building.
b. A window serving as access to a fire escape shall be designated as "FIRE ESCAPE," but may be included in computing the minimum number of required fire openings.
6. ACCESS TO EXITS AND FIRE OPENINGS; DIRECTIONAL SIGNS. a. No material or merchandise shall be placed or stored in such a manner as to prevent access to any required exit window designated as "FIRE ESCAPE" or "FIRE OPENING." Such windows shall be free and clear and accessible from main passageways of by means of secondary passageways at least 36 inches in width which lead to the main passageway.
b. Directional signs indicating windows designated as "FIRE ESCAPE" or "FIRE OPENING" shall be placed in passageways as required by the commissioner.
Part 4. Sections 214-13, 214-15, 214-17 and 214-21 of the code are repealed.
Part 5. Section 214-23 of the code is repealed and recreated to read:
214-23. Battery-Operated Smoke Alarms. Every battery-operated smoke alarm shall be tested by the owner on a quarterly basis. 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 on which testing was performed and the name, telephone number and property relationship of the person who performed the tests. 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.
Part 6. Section 214-25 of the code is repealed and recreated to read:
214-25. Smoking Regulations. 1. WHOLESALE AND RETAIL ESTABLISHMENTS. It shall be the duty of the person in charge (operator, licensee, owner or manager) of such establishment to post or affix and maintain approved signs bearing the words "NO SMOKING" at every entrance door and in prominent locations throughout the building, and such person shall be held responsible for enforcement of the regulations of s. 310 of the Int. Fire Code.
2. ELEVATORS. No person may light a match or any other flame-producing device or smoke or carry a lighted cigar, cigarette or pipe into any passenger elevator, or any elevator used as a passenger freight elevator. The person in charge of the structure containing the elevator shall post or affix and maintain approved signs bearing the words "NO SMOKING" in or at the entrance to the elevator, and such person shall be held responsible for enforcement of this subsection.
Part 7. Section 214-27-0 of the code is amended to read:
214-27. Smoke Detectors for [[One and Two-Family Dwellings]] >>Residential Buildings<< .
Part 8. Section 214-27-1 to 4 of the code is renumbered 214-27-2 to 5.
Part 9. Section 214-27-1 of the code is created to read:
1. DEFINITION. In this section, "residential building" means any one-family dwelling or 2-family dwelling, or any public building which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children's home, community-based residential facility or dormitory but does not include a hospital or nursing home.
Part 10. Section 214-27-2 of the code is amended to read:
2. NUMBER AND LOCATION. Every [[one-family dwelling and each dwelling unit in a 2-family]] dwelling >>unit in a residential building<< shall be provided with approved listed and labeled smoke detectors sensing visible or invisible particles of combustion, installed in a manner and location consistent with its listing. A minimum of one smoke detector shall be installed in the basement and on each floor level except in an unfinished attic or storage area. For floor levels containing a sleeping area, the required detector 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.
Part 11. Section 214-29 of the code is repealed.
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
LRB03259-1
JDO
9/2/03