§ 38-1. General provisions.

(1)

Intent.

(a)

To provide the municipality with comprehensive regulations to improve public safety by attempting to control, limit, restrict and/or eliminate fire hazards.

(b)

To improve life safety for employees, firefighters, and frequenters of places of employment and public buildings.

(c)

To regulate the installation, use and maintenance of equipment; regulating the use of structures, occupancies and open areas.

(d)

To require the removal and/or reduction of fire hazards; establishing the responsibilities and procedures for code enforcement; and to set the minimum standards for compliance and achievement of these objectives.

(e)

To protect property from the hazards of fire and explosion by establishing minimum standards for the use, operation, maintenance and inspection of buildings, structures and premises.

(2)

Applications.

(a)

The provisions of this code shall apply to all public buildings and places of employment.

Exceptions: The following buildings and uses are not public buildings or places of employment and are not subject to the provisions of this code:

1.

One- and two-family dwellings

2.

Buildings used exclusively for farming as described in W.S.A., § 102.04(3).

Nothing contained in this section shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, or as applying to the military forces of the United States.

(b)

The provisions of this code shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this subsection shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property or have been superseded by this code.

(c)

The provisions of this code apply equally to the property owner and/or occupant.

(3)

Additions to, change of use or remodeled buildings.

(a)

If 50 percent or more of the total floor area of a building is remodeled and/or added, the entire building shall be brought into compliance with the requirements of this code.

(b)

If 25 to 49 percent of the total floor area of a building is remodeled and/or added, that part of the building which is remodeled and/or added shall be brought into compliance with the requirements of this code.

(c)

If less than 25 percent of the total floor area of a building is remodeled and/or added, the requirements of this code need not be provided unless the area includes dwelling units. If the total floor area includes dwelling units, that part of the building which is remodeled and/or added shall be brought into compliance with this code.

(d)

All percentages of additions or remodeling shall be cumulative as applied to subsections (3)(a), (b), and (c) above.

(e)

If the use of and/or contents of any existing building is changed and becomes more hazardous as determined by the authority having jurisdiction (AHJ), the building shall be brought into compliance with this code.

(f)

Those portions, elements, systems or components of existing buildings and structures to be altered or modified on or after the effective date of the rules under this code and where the alteration, modification or the addition affects a building element or component relating to subject matters regulated by this code, shall be designed, constructed and maintained in accordance with the applicable rules of this code as the rules exist on one of the following:

1.

The date plans for the alteration or modification are conditionally approved by the AHJ.

2.

The date the local building permit is issued.

3.

The date the replacement is initiated, where subsections 38-1(3)(f)1. and 2. do not apply.

(4)

Plan submittals.

(a)

Any time that a fire protection, fire alarm, fire control, and/or fire suppression system and/or any portion thereof is installed, altered, added on to, or has appliances removed, plans shall be submitted to the AHJ for review and conditional approval.

(b)

All plans for fire protection, fire alarm, fire control, and/or fire suppression systems and/or any portion thereof must meet or exceed the applicable NFPA and AHJ's requirements.

(c)

Plans shall be submitted for review to the AHJ prior to a permit being issued.

(d)

A minimum of three copies of each plan, specification, and required calculation shall be submitted. Two copies of each may be retained by the AHJ.

(e)

An AutoCAD electronic file of the plans shall also be submitted to the AHJ with each submittal and upon the completion of each project with the as-built conditions.

(f)

A completed permit application must accompany all plan submittals.

(g)

The permit application must be signed by the individual assuming complete responsibility for the submitted system(s).

(h)

The permit application for all fire sprinkler and standpipe systems must be signed by an individual who holds a valid Wisconsin Automatic Fire Sprinkler Contractors License.

(i)

The appropriate permit, inspection and/or plan review fees must be submitted with each permit application.

(j)

Plans will not be reviewed until all fee(s) have been received by the municipality.

(k)

All plan reviews are based on information provided. All plan reviews are done for general code compliance only. Plan reviews do not relieve or limit the responsibility and/or liability of any contractor, architect, engineer, designer or any other responsible party for the system(s) reviewed. The municipality or any of its agents and/or firm or persons hired by the municipality to review plans are not responsible for and do not accept any responsibility and/or liability for the system(s) reviewed.

(5)

Permit required.

(a)

A permit must be obtained prior to any open burning and the start of installation and/or alteration of any portion of a fire protection, fire alarm, fire control, and/or fire suppression system.

(b)

An operational permit issued by the AHJ is required prior to using a building or a portion thereof as a high-piled combustible storage area exceeding 500 square feet.

(c)

Permits will only be issued after the required fire protection, fire alarm, fire control, and/or fire suppression system plans and specifications have been reviewed and conditionally approved by the AHJ.

(d)

Permits for the installation and/or alteration of fire sprinkler and/or standpipe systems will only be issued to individuals who hold a valid automatic fire sprinkler contractor's license.

(e)

Any contractor that begins installation and/or alteration of any system regulated by this code prior to obtaining the required permit will be charged a triple permit fee.

(f)

The fire inspector shall have authority with the building inspector in the issuance of occupancy permits for multifamily, places of employment, commercial structures, places of public assembly and schools to the extent that the AHJ shall inspect and have approval authority over proposed occupancies to ensure compliance with this chapter.

(6)

Inspection and testing.

(a)

All fire suppression systems and fire alarm systems required under this code shall be inspected by the AHJ prior to having any of its parts covered-up or concealed in any manner whatsoever. The AHJ shall be given a 48-hour notice prior to any system inspection.

(b)

The AHJ shall witness all tests of fire control systems, fire alarm initiating devices, notification appliances, and any other required system requiring an operational test. The AHJ shall be given a 48-hour notice prior to any system witness test.

(7)

Right of entry.

(a)

The AHJ and/or their authorized representative may, at all reasonable hours enter any place of employment and/or public building within their jurisdiction for the purposes of making any inspection or investigation which, under the provision of this subchapter they shall deem necessary.

(b)

The AHJ shall inspect, or cause to be inspected, all places of employment and public buildings as often as may be necessary, but not less than once a year.

(c)

The purpose of any inspection and/or investigation is to determine if any violations of the provisions or intent of this code and/or the codes or standards adopted by reference exist and to order corrections of the violations observed.

(d)

The AHJ, upon the complaint of any person or whenever they shall deem necessary, shall inspect any place of employment and/or public building and premises within their jurisdiction.

(e)

Any owner or occupant of any place of employment and/or public building, who refuses to permit, prevents or interferes with entry into or upon the premises by anyone authorized by the AHJ shall be guilty of violating this chapter and shall be subject to fines. Exception: The interiors of dwelling units will not be inspected unless an inspection is specifically requested by the owner or occupant and/or as allowed by state statutes.

(8)

Enforcement and documentation.

(a)

The fire chief or anyone the fire chief has designated their AHJ, shall enforce the provisions of this code.

(b)

Whenever any officers, members or inspectors of the fire department's bureau of fire prevention shall discover fire hazards as listed below, they shall order such conditions or materials removed or remedied in such manner as may be specified.

1.

Dangerous or unlawful amounts of flammable, combustible or explosive material as determined by the AHJ.

2.

Hazardous conditions arising from defective or improperly installed equipment for handling or using flammable, combustible or explosive material.

3.

Dangerous accumulations of rubbish, waste paper, boxes, shavings, or other highly flammable materials as determined by the AHJ.

4.

Accumulations of dust, grease, or waste materials in air conditioning systems, exhaust ducts or vent hoods.

5.

Obstructions including snow to or in fire escapes, stairs, passageways, doors, or windows, liable to interfere with the operation of the fire department or egress of occupants.

6.

Any building, structure, or premises which for want of repairs, lack of exit facilities, fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition, or from any cause, creates a fire hazard.

(c)

The AHJ may use any means necessary in documentation of inspections or conditions, including the use of electronic equipment.

(9)

Notification of use or occupancy change.

(a)

Whenever there is a change in occupancy or the agent(s) (manager, shift supervisor, after hour's emergency contact, etc.) of that occupancy, the owner or their duly authorized agent shall submit the changes in writing to the fire department within five working days. The information shall consist of the following:

1.

Name and address of occupancy.

2.

Owners name, address and phone number(s).

3.

Agents name, address and phone number(s).

4.

Other information as required by the AHJ.

(b)

Whenever a change in the service company for the alarm system have occurred within the occupancy, the owner or authorized agent shall submit the changes in writing to the fire department within five working days. The information shall consist of the following:

1.

All information required in subsection 38-01(9)(a).

2.

Type(s) of fire protection systems.

3.

Service company name, address and phone number(s).

(c)

No change can be made in the use or occupancy of any building or structure, or any space within a building, structure, or space of a building or structure either in a different division of the same occupancy group or in a different occupancy group, unless the building or structure complies with this code's requirements for the new division of occupancies, as these requirements exist. Exception: This subsection does not apply to an approved temporary use or to a new use that will be less hazardous, based on life and/or fire risk, than the existing use.

(d)

An inspection by the fire department shall be required for any new or change of occupancy.

(10)

Temporary use. The AHJ may allow a building or portion of a building to be used temporarily in a manner that differs from the approved use for the building or space, or may approve a temporary building to be used by the public, subject to all of the following provisions:

(a)

The AHJ along with the building inspector shall determine the time frame within which the temporary use is permitted, based on the extent hazards are created by the temporary use.

(b)

The AHJ shall determine and enforce the maximum occupancy load.

(c)

The AHJ shall determine any fire protection and/or control devices and life safety provisions that may be needed.

(Ord. No. 829, § 1, 7-20-10; Ord. No. 861, § I, 7-17-12; Ord. No. 896, § I, 4-21-15)