Chapter 8.08 FIRE PROTECTION AND LIFE SAFETY CODE

The fire protection and life safety code is intended to provide the city with fire protection rules and life safety regulations. (Ord. 1793 § 1 (part), 2001)

8.08.020 Application.

The provisions of this chapter shall apply equally to public and private property and they shall apply to all structures. The property owner and the occupant of the property shall comply with the provisions of this chapter. The fire chief or his/her designee shall be the enforcing officer of this chapter. (Ord. 1793 § 1 (part), 2001)

8.08.030 Adoption of fire protection regulations.

The following regulations are adopted by reference and incorporated into this chapter as if fully set forth herein and any violation of these provisions constitutes a violation of this chapter:

A. The codes of the National Fire Protection Association (NFPA) as they are from time to time updated and amended except as follows:

1. The 50-foot fire apparatus access road requirement set forth in Section 18.2.3.2.1 of NFPA 1 is amended to a 100-foot fire apparatus access road for R-2 and R-3 Residence Districts as 100 feet is sufficient to meet the health, safety, and welfare of the public.

B. The codes and statutes of the state of Wisconsin and the Wisconsin Department of Safety and Professional Services as they relate to fire prevention, investigation, and life safety, including but not limited to the Fire Prevention Code and the Building and Heating, Ventilation, and Air Conditioning Code, as they are amended and updated from time to time. (Ord. 2799-22 § 2, 2022; Ord. 2318-13 § 2 (part), 2013; Ord. 1793 § 1 (part), 2001)

8.08.040 Definitions.

As used in this chapter:

“Alteration” means a material change or modification other than an addition or repair to a building or to systems involved within the building.

“Area” means the maximum horizontal projected area on one floor of a building or structure using the exterior walls or between approved fire walls including the fire walls. Area as stated in this code shall include the total square footage area on all floors of a building.

“Day care center” means a facility requiring a license under Section 48.56, Wisconsin Statutes. For the purpose of this chapter, a day care center shall include those facilities providing care for nine or more individuals and requiring a conditional use permit.

“Fire load” means the volume of combustible material in a given building, structure or occupancy.

“Level” means the same as story for the purpose of this code.

“School and educational facilities” means all public and private schools, universities, colleges, academies, seminaries, libraries, museums and art galleries; including all buildings or parts of buildings used primarily for institutional purposes.

Stories, number of. The “Number of stories” of a multistory building means and includes all stories including the basement, ground floor and mezzanine floor.

“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 a balcony, mechanical penthouse, or attic. (Ord. 2318-13 § 2 (part), 2013; Ord. 1793 § 1 (part), 2001)

8.08.050 Installation of automatic sprinkler systems.

Approved automatic fire suppression systems shall be installed per NFPA 13, 13D and 13R, and maintained per NFPA 25 in all newly constructed buildings, including but not limited to commercial, office, industrial, governmental, garages, theaters, restaurants, multifamily, schools and educational facilities, and places of assembly as follows:

A. Where required by the Wisconsin Building Code;

B. Buildings for the manufacture, storage and/or sale of goods or merchandise and office buildings that are greater than six thousand (6,000) square feet in area;

C. Theaters, restaurants, and places of assembly and shall utilize quick response sprinkler heads;

D. Hospitals, medical centers, nursing homes, convalescent centers, elderly retirement complexes and day care centers and shall utilize quick response heads.

All existing health care facilities and community based residential facilities, including housing for the elderly (persons over sixty-two (62) years of age) or any place that houses nine or more unrelated people who are elderly, as herein defined, or who are physically or mentally challenged shall comply with this code per Ordinance 1364 adopted March 19, 1991;

E. Dormitories, fraternity and/or sorority houses and shall utilize quick response heads;

F. (Repealed by Ord. 2455-16).

G. All properties containing hazardous materials as defined in NFPA 1, Fire Code. (Ord. 2455-16 § 1 (part), 2016; Ord. 2318-13 § 2 (part), 2013; Ord. 1819 § 1 (part), 2001; Ord. 1793 § 1 (part), 2001)

8.08.060 Smoke detection required.

All buildings enumerated in Section 8.08.050 shall be required to install an approved fire and smoke detection system when the building area is less than the area required for the installation of an automatic sprinkler system. (Ord. 2318-13 § 2 (part), 2013: Ord. 1793 § 1 (part), 2001)

8.08.070 Areas not served by a municipal water system.

A. Until such time as a municipal water system is available to serve a building in which installation of an automatic suppression system is required, connection of the system to the domestic water supply shall be required. However, all design characteristics of systems installed under this section shall include provisions for eventual connection to a municipal water supply. In addition, such interim installations shall also include:

1. One or more fire department connections with two female couplings with National Standard Threads or one five-inch Storz connection, as approved by the fire chief, attached to a header of adequate size in accordance with fire protection engineering standards;

2. An approved automatic fire detection and alarm system monitored by an Underwriters Laboratory (UL), or equal, listed monitoring station and which complies with applicable NFPA 1, Fire Code requirements.

B. All fire suppression systems installed under the requirements of this chapter shall be connected to the municipal water system within twelve (12) months after municipal water is available. (Ord. 2318-13 § 2 (part), 2013; Ord. 1793 § 1 (part), 2001)

8.08.080 Existing buildings.

A. All existing buildings which would be required to be sprinkled with occupant notification under Section 8.08.050 had they been newly constructed shall conform to this chapter when one of the following conditions are present:

1. An alteration with an accumulative total square footage equal to or greater than fifty (50) percent of the interior area or an addition with an accumulative total square footage equal to or greater than twenty-five (25) percent of the building. Alteration and addition are defined by the city of Brookfield Municipal Code Section 15.04.040 or any modifications, amendments, or recreations thereof. All building permits issued after December 2, 1986 shall be applied to the accumulative area calculation pursuant to Ordinance 1163.

2. When the use of a building or structure is changed as defined by the Wisconsin Commercial Building Code.

3. Repealed.

4. All buildings subject to fire suppression installation requirements under subsections (A)(1) or (2) of this section will have twelve (12) months from issuance of permit for alteration, addition, or change of use to meet the requirements.

B. All buildings enumerated in this chapter shall be required to install an approved fire and smoke detection system with occupant notification when the building area is less than the area required for the installation of an automatic sprinkler system.

C. The city fire appeals board may approve installation of the equivalent of a sprinkler system in a building where such system is impossible or a practical difficulty exists precluding installation of a sprinkler system. The fire appeals board shall consider the type of occupancy and use in its decision. (Ord. 2318-13 § 2 (part), 2013; Ord. 1910-03 §§ 1-5, 2003; Ord. 1793 § 1 (part), 2001)

8.08.090 Exhaust hoods.

As defined by SPS 64 and the Wisconsin Building Code shall have an approved suppression system. The suppression system shall be interconnected with the required alarm system as an individual zone. (Ord. 2318-13 § 2 (part), 2013: Ord. 1819 § 1 (part), 2001; Ord. 1793 § 1 (part), 2001)

8.08.100 Spray booths.

All spray booths greater than ten square feet in area shall have an approved suppression system per NFPA 33. The suppression system shall be interconnected with the required alarm system as an individual zone. (Ord. 2318-13 § 2 (part), 2013: Ord. 1793 § 1 (part), 2001)

8.08.110 Alarm systems.

All sprinkler, suppression and detection systems shall be connected to an approved fire alarm system.

A. Fire alarm systems shall be designed and installed in accordance with NFPA 72.

B. The alarm system shall be monitored by an Underwriters Laboratory (UL), or equal, listed monitoring station.

C. The alarm/indicator panel shall be located in the main entry foyer or airlock of the building. All functions for reset and area identification shall be performed at this panel.

D. Each fire suppression zone shall be provided with an individual alarm zone and individual identification.

E. The alarm system shall be audible in all areas of the building and comply with the requirements of 28 CFR Part 36 Appendix A. (Ord. 2455-16 § 1 (part), 2016; Ord. 2318-13 § 2 (part), 2013: Ord. 1793 § 1 (part), 2001)

8.08.120 Fire department standpipes/risers.

A. The installation of a fire suppression system will not supersede the requirements for the installation of fire department standpipes.

B. (Repealed by Ord. 2455-16).

C. Standpipe connections shall have a two and one-half inch to one and one-half inch reducer cap. (Ord. 2455-16 § 1 (part), 2016; Ord. 1793 § 1 (part), 2001)

8.08.130 Elevator car to accommodate ambulance stretcher.

A. Where passenger elevators are provided, at least one elevator shall be provided for fire department emergency access to all floors served by passenger elevators in all of the following situations:

1. A building three or more stories above or three or more stories below grade plane.

2. Any floor above or below the level affording fire department vehicle access, if the floor accommodates any one of the following occupancies:

a. Group I.

b. R-2.

c. Outpatient clinic and ambulatory health care facility.

B. The elevator car provided for fire department emergency access shall be of such a size and configuration to accommodate an ambulance stretcher twenty-four (24) inches by eighty-four (84) inches with not less than five-inch radius corners, in the horizontal, open position.

C. The elevator car provided for fire department emergency access shall be identified by the international symbol for emergency medical services, star of life. The symbol may not be less than three inches high and shall be placed inside on both sides of the hoistway door frame. (Ord. 2318-13 § 2 (part), 2013)

8.08.140 Fire hydrant requirements.

A. The fire department connection (FDC) shall be at a location approved by the fire department. The department’s decision will be based on the site plan, topography, access, landscaping, and plan commission requirements/standards. The FDC shall be within one hundred fifty (150) feet of an approved fire hydrant.

B. Additional hydrants shall be provided on the site so that no fire hydrant is greater than five hundred (500) feet from another hydrant. This dimension shall be measured along normal access routes used by fire apparatus.

C. Fire hydrants shall be freestanding and located no more than fifty (50) feet, nor less than twenty-five (25) feet, from the main entrance or as approved by the fire department. Additional hydrants shall be provided around the building so that no fire hydrant is more than five hundred (500) feet from another hydrant. This dimension shall be measured along normal access routes used by fire apparatus.

D. All hydrants located on private property shall have an eight-inch lateral unless calculations provided by a fire protection engineer and approved by the fire department establishes an alternative appropriate size.

E. Fire department access shall be maintained to the fire department connection at all times.

F. All hydrants, whether on public or private property, shall have unobstructed access at all times. No structure, culvert, vegetation or landscape elements shall be installed within three feet of a hydrant in a manner which impedes fire department access.

G. Hydrants located on private property shall be maintained according to NFPA and National Fire Sprinkler Association standards. Written certification of required maintenance shall be provided to the fire department on or before May 1st of each year. (Ord. 2455-16 § 2, 2016; Ord. 2318-13 § 2 (part), 2013; Ord. 2077-06 § 1, 2006; Ord. 1793 § 1 (part), 2001. Formerly 8.08.130)

8.08.150 Security key and vault system.

The city fire department has adopted the Knox Security Vault system as the recommended security vault system. All commercial buildings shall install a security vault system in a location approved by the department. Buildings that need special consideration for security reasons shall be reviewed by the board of fire appeals.

A. Installation and Maintenance.

1. The building owner or occupant shall be responsible for purchasing an approved lock box and providing the proper keys for access to all areas.

2. The lock box shall be installed in an accessible location approved by the fire department.

3. A minimum of one lock box shall be provided for each building. The fire department may require more than one lock box for large buildings.

4. The building owner or occupant must notify the fire department when keys or locks are changed.

B. Illegal Tampering. It shall be unlawful to tamper or remove any lock box installed within the city of Brookfield. (Ord. 2318-13 § 2 (part), 2013: Ord. 1793 § 1 (part), 2001. Formerly 8.08.140)

8.08.160 Maintenance and testing of suppression, alarm and detection equipment.

All sprinkler systems shall be maintained to NFPA 25 standards. All approved alarm systems shall be maintained to NFPA 72 standards. Written certification of required maintenance shall be provided to the fire department on or before May 1st of each year pursuant to SPS 314 and NFPA 1.

A. With the exception of testing, maintenance, and repairs all systems shall be maintained in operating condition at all times.

B. No system shall be removed from service without providing twenty-four (24) hours notice in writing to the fire department.

C. The inspector’s test pipe discharge shall terminate to the outside of the building, janitorial sink or other sanitary drain approved by the department.

D. All backflow preventers installed in fire protection systems shall be tested annually in accordance with SPS 314.13 and NFPA 12.6.2. Written certification shall be provided with annual NFPA 25 documentation. (Ord. 2318-13 § 2 (part), 2013; Ord. 1819 § 1 (part), 2001; Ord. 1793 § 1 (part), 2001. Formerly 8.08.150)

8.08.170 Permit required.

No automatic fire suppression system, alarm system or detection system shall be installed, extended or altered within the city unless a fire protection/life safety permit is first be obtained from the fire department. (Ord. 2318-13 § 2 (part), 2013; Ord. 1793 § 1 (part), 2001. Formerly 8.08.160)

8.08.180 Permit—Fire department authority.

The fire department shall have the authority to require one or more of the following permits:

A. Fire suppression permit;

B. Fire alarm permit;

C. Fire detection system permit.

(Ord. 2318-13 § 2 (part), 2013; Ord. 1793 § 1 (part), 2001. Formerly 8.08.170)

8.08.190 Permit application.

A. Application for Permits. Application for permits shall be in writing upon a form furnished by the fire department. The application shall include the name and address of the owner of the building and the address for the property which the permit is being sought, the name and address of each designer or contractor involved in the design, construction or activity, the legal description of such property, and any other information the department shall require.

B. Submission of Items. The applicant shall submit plans, specifications, calculations and a site plan; provided, however, the fire department may for good and sufficient cause issue a permit without the filing of any such items and may require submission of additional or different items in order to effectuate the purposes of this chapter.

1. Plan Requirements. All submitted plans must be drawn to a scale no less than one-eighth inch equal to one foot, on paper in ink or other nonfading process. Site plans shall show the location of water laterals, hydrants and fire department connection. All plans must be wet stamped and signed by the design professional as required by the state of Wisconsin Department of Safety and Professional Services. Submittal shall contain the following:

a. Two copies of the plans must be submitted for a permit. One stamped and approved copy shall remain at the job site at all times of construction.

b. Two copies of specifications of the suppression, detection or alarm system. (Ord. 2318-13 § 2 (part), 2013; Ord. 1819 § 2 (part), 2001; Ord. 1793 § 1 (part), 2001. Formerly 8.08.180)

8.08.200 Permit fees.

A. Fire protection systems, to include, but not be limited to, smoke, heat and manual fire alarm systems:

		Fees
1.	Plan review
	50 or less fixtures	$60.00
	More than 50 fixtures	$95.00
2.	Site inspection
	50 or less fixtures	$95.00
	More than 50 fixtures	$190.00

B. Fire suppression systems, to include sprinklers, standpipes and first aid stations:

1.	Alterations, additions and new construction
	15 heads or less	no charge
	16 to 250 heads	$60.00
	Each additional 100 heads, fixtures or fraction thereof	$30.00
2.	Site inspection
	100 heads or less	$95.00
	Over 100 heads or fixtures	$190.00

C. Fire suppression systems, to include halon, carbon dioxide, dry chemical, water spray and foam systems:

1.	Plan review	$60.00
2.	Site inspection	$95.00

D. Hood and duct ventilation suppression systems:

1.	Plan review	$60.00
2.	Site inspection	$95.00

E. Spray booths, dip tank operations and flammable liquid spray areas:

1.	Plan review	$60.00
2.	Site inspection	$95.00

F. Hydrant flow test, per hydrant: $55.00.

G. Petition for modification or position statement: $95.00. (Ord. 2860-23 § 1, 2023)

8.08.210 Suppression system zone requirements.

The fire department shall have the authority to require the suppression system to be installed with one or more zones dividing the area into subsections.

Each zone shall comply with the following installation requirements:

A. Control valve;

B. Flow switch;

C. Drain which terminates in compliance with an inspector’s test with the exception of low point drains. (Ord. 2318-13 § 2 (part), 2013; Ord. 1793 § 1 (part), 2001. Formerly 8.08.200)

8.08.220 Occupancy and compliance statement.

A building occupancy shall not be issued until the supervising architect, engineer or designer files a written statement with the fire department certifying that, to the best of his or her knowledge and belief, the suppression system, detection or alarm system was installed as designed and submitted to the department and is fully operational. This statement shall be in a form prescribed by the department. (Ord. 2318-13 § 2 (part), 2013; Ord. 1793 § 1 (part), 2001. Formerly 8.08.210)

8.08.230 Board of fire appeals.

The board shall consist of the director of community development, director of finance and city attorney or their designees.

A. Modifications to the Code. The board of fire appeals shall have the power to modify any of the requirements of the fire prevention life safety code upon application in writing by the owner or his/her duly authorized agent, when there are practical difficulties which prevent carrying out all of the requirements of this subsection, provided that the public safety is maintained. The particulars of such modification, when granted or allowed and the decision of the board of fire appeals thereon, shall be entered upon the records of the department and a signed copy shall be furnished to the applicant within ten days of date of such decision. In addition, a copy of such application and decision shall be filed with the office of the mayor and city clerk.

B. Procedure. Any applicant who desires a modification to any provision or requirement of this subsection may request an oral hearing before the board of fire appeals by submitting a written request therefore to the director of inspection services or his/her designee. The board shall meet and deliberate the request not less than ten working days from the date of application. A fee of seventy-five dollars ($75.00) shall be required of the applicant at the time a request for a hearing before the board is made.

C. The board of fire appeals shall review such requests for modifications using the following criteria:

1. The proposed modification will not result in an overall reduction in the protection of life and property;

2. The proposed modification addresses unusual building construction and/or structural elements that preclude the strict adherence to this subsection;

3. The granting of a modification shall not be based on a self-imposed hardship;

4. The request is based on characteristics that are unique and specific to the subject building.

D. Interpretation. Whenever the provisions of this code conflict with the provisions of the regulation adopted under Chapters 15.04, 15.08 and 15.12 of this code, the more restrictive code shall govern. Conflicts of interpretation shall be resolved by the board of fire appeals. (Ord. 2318-13 § 2 (part), 2013; Ord. 2210-10 § 1, 2010; Ord. 1793 § 1 (part), 2001. Formerly 8.08.220)

8.08.240 Appeals.

If the board of fire appeals and the bureau of inspection services rejects an application, or refuses to grant a permit applied for, or when it is claimed that the provisions of the chapter have been misconstrued or wrongly interpreted, the aggrieved person or applicant may appeal the decision to the hearing board. (Ord. 2318-13 § 2 (part), 2013; Ord. 1793 § 1 (part), 2001. Formerly 8.08.230)

8.08.250 Hearing board.

For the purposes of this chapter, the board of zoning appeals of the city shall act as the hearing board and notices of appeal shall be filed with the director of inspection services. A fee of one hundred fifty dollars ($150.00) shall be required of the applicant at the time that a request for a hearing before the board is made. (Ord. 2318-13 § 2 (part), 2013; Ord. 1793 § 1 (part), 2001. Formerly 8.08.240)

8.08.260 Penalty for violation of this chapter.

Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 24, 2019)