Number
010409
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance related to periodic facade inspection of buildings with 5 or more stories.
Sections
275-32-13 cr
Analysis
This ordinance requires that the facades of buildings with 5 or more stories be examined by licensed architects or licensed structural engineers every 5 years and reports detailing the conditions of these buildings be filed with the commissioner of neighborhood services. Depending on the condition of a building, additional action will need to be taken by the owner to bring the building to a safe condition within the timeframe established by the commissioner based upon the professional's recommendations. This ordinance does not apply to:
* Buildings less than 15 years old.
* Facades above the 5th story that are set back more than 25 feet from the wall below, unless the setback has an access door from the occupied space.
* Facades that are 12 inches or less from the exterior wall of an adjacent building.
Body
Whereas, On August 6, 2000, a 3-foot-by-4-foot piece of tile fell from the Boston Store building at 331 W. Wisconsin Ave. onto a sidewalk along N. 4th St.; and
Whereas, On September 26, 2000, a piece of limestone fascia fell from the Wisconsin Tower building at 606 W. Wisconsin Ave., damaging a parked car and a bicycle; and
Whereas, Although no injuries or fatalities were caused by these falling tiles, injuries or fatalities may occur in the future at other sites because of the high level of pedestrian and street traffic in the commercial areas of this city unless appropriate measures are taken; and
Whereas, The city wishes to ensure the safety of its citizens and visitors through requiring that periodic facade inspections be performed on buildings which are most at-risk for loosened tiles; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 275-32-13 of the code is created to read:
275-32. Exterior Structure.
13. FACADE CRITICAL EXAMINATION.
a. Purpose. In order to maintain a building's facade in a safe condition, the following requirements shall apply to all buildings which are 15 years old or greater and which have 5 or more stories.
b. Exemptions. This subsection shall not apply to:
b-1. Walls above the 5th story that are set back more than 25 feet from the wall below, unless the setback has an access door from the occupied space.
b-2. Exterior walls that are 12 inches or less from the exterior wall of an adjacent building.
c. Definitions. In this subsection:
c-1. "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 facade by hand or tool, unless other methods are approved prior to the inspection by the commissioner. 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-2. "Critical examination" means a close-up visual examination of the condition of one scaffold drop per elevation of facade, 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 facade area which cannot be examined through a close-up visual exam shall be subject to a visual examination. The standard of care of the professional performing the critical examination of a facade shall be performed with the understanding that, because of the physical properties of the many materials commonly used for constructing facades, and the limitations on detecting concealed internal wall distress, the critical examination may not find "unsafe and imminently hazardous conditions" in the facade that are not visible from the exterior. Therefore, submittal of the critical examination report is not a representation that all "unsafe and imminently hazardous conditions" in the facade have been identified.
c-3. "Facade" means all areas on the exterior of the building, except for horizontal roof areas. The facade includes all walls, windows, balconies, cornices, parapets and appurtenances. The facade also includes walls supported on roofs, such as penthouse walls, chimneys, etc.
c-4. "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.
c-5. "Repair plan" means a plan created by a 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.
c-6. "Safe" means a condition of a building facade or part of, not requiring repair or maintenance to sustain the structural integrity of the facade of the building and that will not become unsafe or unsafe and imminently hazardous during the next 5 years.
c-7. "Safe with a repair and maintenance program" means a condition of a building facade, or part of, that is safe at the time of inspection, but requires repairs or maintenance within a time period designated by the professional, not to be later than the next required facade inspection date, in order to prevent its deterioration into an unsafe or unsafe and imminently hazardous condition.
c-8. "Story" means as defined in Comm. 51.01(122), Wis. Adm. Code.
c-9. "Unsafe and imminently hazardous condition" means a condition in which a facade has no reliable means of structural support and is dangerous to people or property. The owner or agent and professional shall promptly notify the department and it shall be the responsibility of the professional to determine the appropriate repair or stabilization procedures. All necessary work to rectify the condition shall be done on a schedule to be set by the department, in consultation with the professional.
c-10. "Unsafe condition" means a condition of a facade, or part of, which was reported as safe with a 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-11. "Visual examination" means an examination performed by a professional and shall involve 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.
d. Periodic Critical Examination. A critical examination shall be performed by a professional and shall include all of the following:
d-1. The examination shall begin with an elevation parallel to any public sidewalk, walkway, street or alley.
d-2. A close-up visual examination of the building to be performed from a platform or device which allows for an arms-length inspection of the facade area which can be reached by one scaffold drop per elevation, from grade to top.
d-3. A visual examination of those facade areas which are not accessible during the close-up visual examination.
d-4. A complete review of the most recently prepared inspection report.
d-5. A complete review of the pertinent drawings and specifications of the building to determine the specified designs of the facades on the building.
d-6. A complete review of the drawings, specifications and maintenance reports on previous repair work performed on the facades.
d-7. Documentation of the condition of the facades through photographs and drawings.
d-8. A notification to the owner or agent of wall areas that are bowed, bulged, displaced or leaning inward or outward and examination of the condition of a sufficient number of metal ties, anchors and shelf angles that support the wall at these locations shall be performed.
d-9. Examination of the substrate of wall areas with external visible distress.
e. Visual Examination. A visual examination, rather than a critical examination, may be performed by a professional on all facades 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:
e-1. Methodically scanning the facade area through the use of magnification devices.
e-2. Viewing vertically from street grade and down from parapet (where possible) and along all corners for alignment of facade elements.
e-3. Viewing horizontally to check for alignment of bands of facade elements (such as cornices, water tables, balconies, window lintels and sills).
e-4. Examining any areas which are bowing, bulging, displaced or leaning inward or outward by performing a critical examination.
f. Fire Escape Critical Examinations. Fire escape critical examination reports, as required by s. 214-19-2, may be provided as part of this report.
g. Examination Schedule. Inspection reports must be filed with the department on the following schedule, unless otherwise ordered by the commissioner:
g-1. Buildings constructed prior to 1920 by July 1, 2003 and every 5 years thereafter, if determined to be in a safe condition.
g-2. Buildings constructed between 1920 and 1950 by July 1, 2004 and every 5 years thereafter, if determined to be in a safe condition.
g-3. Buildings constructed after 1951 and 15 years old or greater by July 1, 2005 and every 5 years thereafter, if determined to be in a safe condition.
g-4. If a critical examination report was completed 5 or less years prior to the submission due date, it may be submitted and, if accepted, the next report will be due within 5 years of when that report was originally completed.
h. Critical Examination Reports. The professional shall submit a written report to the owner or agent and 3 copies of the report to the commissioner. The report shall include:
h-1. The name and address of the building.
h-2. The name, address and phone number of the building owner and agent.
h-3. The name, business address and phone number of the professional preparing the report.
h-4. A site plan of the building showing adjacent streets and alleys, and relationship of the building to property lines and adjacent buildings.
h-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.
h-6. Overall photographs or drawings of the 4 elevations of the building.
h-7. A detailed description of the critical examination in narrative form, including start and completion dates.
h-8. A designation of the building's status by the professional, as defined in par. i.
h-9. Drawings or photographs describing the locations and extent of all significant distress or deteriorated conditions observed in the facades.
h-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.
h-11. Where appropriate, a comparison of conditions of facades on any building with conditions observed during previous examinations.
h-12. A recommendation for future examination, if earlier than 5 years from date of the report.
h-13. The signature and seal of the professional who performed the critical examination.
h-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.
h-15. The date of the report.
h-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.
i. 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:
i-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.
i-2. Buildings Determined "Safe With a 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.
i-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.
i-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:
i-4-a. Notification by the professional to the commissioner by the next business day related to the condition of the building.
i-4-b. Detailing the appropriate precautionary measures taken prior to a scheduled city inspection to prevent further deterioration and to make the site safe to the public and building inhabitants prior to scheduled repairs being performed.
i-4-c. Submission of a repair plan within 3 business days of the notification to the commissioner of the condition of the building.
i-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.
i-4-e. A professional has submitted a maintenance plan for the building and monthly reports to the commissioner related to the maintenance work performed.
i-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.
i-4-g. The commissioner may grant an extension of up to 90 days to complete scheduled repairs.
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
LRB00577-2
lme
7/31/01