Wisconsin Department of Commerce: S&B - Questions and Answers about Comm 14, the Wisconsin Fire Prevention Code -

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S&B - Questions and Answers about Comm 14, the Wisconsin Fire Prevention Code

Comm 14 Wisconsin Fire Prevention Code and the National Fire Protection Association's (NFPA) 2006 edition of the NFPA 1: Uniform Fire Code are the primary resources for the answers to the following code-related questions. S&B recognizes the 2006 NFPA 1: Uniform Fire Code Handbook as another source of information.

Follow these links to purchase copies of the Wisconsin administrative codes and the NFPA 1: Uniform Fire Code or click here.

Questions
Select the code section or scroll down to view the answer.

Comm 14.01 (1) Which residential adult-care facilities are regulated by chapter Comm 14, and which building code criteria generally apply to these facilities? (March 27, 2009; revised August 10, 2009)

Comm 14.01 (11) (b) Does the Department of Health Services (DHS) require all community-based residential facilities (CBRFs) to have annual fire prevention inspections? (May 27, 2009)

Comm 14.01 (11) (b) How do the fire prevention inspections that are required for child-care facilities in Comm 14, Fire Prevention Code, correspond with state Department of Children and Families requirements and practices? (May 12, 2009)

Comm 14.01 (11) (b) 5. s. Fire prevention inspections for seasonal or periodic occupancies can be reduced to once a year if an interior inspection is conducted during the occupancy period. Is there a maximum length of time beyond which these seasonal or periodic occupancies become year-round occupancies that are subject instead to the every-6-months inspection frequency in Comm 14.01 (11) (b) 3.? (December 5, 2008)

NFPA 1 section 3.2.2. Who is the “authority having jurisdiction (AHJ)” and who is the “governing authority,” as those two terms are used in NFPA 1? (January 12, 2009)

Questions and Answers

Comm 14.01 (1) Which residential adult-care facilities are regulated by Comm 14, Fire Prevention Code, and which building code criteria generally apply to these facilities? (March 27, 2009; revised August 10, 2009)

Answer:
This table summarizes how chapter Comm 14 and minimum provisions of the department's building codes are generally applied to the residential adult-care facilities listed in the table, depending on the number of adult-care residents and on when and how the facility was constructed. (Various other types of residential adult-care facilities occur that are not addressed by this table, such as nursing homes, intermediate-care facilities, skilled nursing facilities, facilities serving people with developmental disabilities, hospitals, hospices, detoxification facilities, or facilities where care and housing is provided on less than a 24-hour basis.) Click here for a PDF file of this table.

Application of the Pre- and Post-July 1, 2002, Fire Prevention Code
and Commercial Building Code (and the Uniform Dwelling Code)
for Residential Adult-Care Facilities in Non-Converted and Converted Buildings

	NON-CONVERTED BUILDING^a				CONVERTED BUILDING^b
	Type of Facility	Number of Adult-Care Residents	Pre-7/1/02 Code	Post-7/1/02 Code	Number of Adult-Care Residents	Pre-7/1/02 Code	Post-7/1/02 Code
UDC	One- or 2-Family Dwelling	1-2	UDC	UDC	1-2	UDC, if post-6/1/80 building	UDC, if post-6/1/80 building
UDC	Adult Family Home^c	3-4^d	Excluded from CBC and Comm 14; apply UDC	Excluded from CBC and Comm 14; apply UDC	3-4^d	Excluded from CBC and Comm 14; apply UDC	Excluded from CBC and Comm 14; apply UDC
CBC and Comm 14	Community-Based Residential Facilityⁱ	5-8	Comm 61.001 put these within the scope of UDC^e	Comm 62.0400 (4) applies UDC^e	5-8	Excluded from CBC; apply UDC^f	R-4 occupancy^f; owner can apply UDC or CBC
		9-16	Comm 57^e	R-4 occupancy^{e, j}	9-20	Comm 61^f,g,h	R-4^{f, g}
		>16	Comm 57^e	I-1^{e, j}	>20	Comm 57^e	I-1^{e, j}

^a This heading is for buildings that were constructed as an adult-care facility. The pre- and post-7/1/02 code columns refer to if that construction occurred before or after July 1, 2002, and generally show which building code criteria apply.
^b This heading is for previously constructed buildings that were subsequently converted to an adult-care facility. The pre- and post-7/1/02 columns refer to if that conversion occurred before or after July 1, 2002,and generally show which building code criteria apply.
^c Adult family homes are excluded from the CBC and Comm 14 by sections 101.01 (11) and (12) and 50.01 (1) of the Statutes.
^d Can be more than 4 if all are siblings.
^e Statutorily defined as a public building and as a place of employment.
^fSpecifically excluded from the statutory definition of public building, but statutorily defined as a place of employment, for the “safe place” purposes in section 101.11 of the Statutes.
^g Building code specifically required by section 101.127 of the Statutes.
^h For conversions that occurred before July 1, 1978, apply Ind 57.
ⁱ The Department of Health Services may have additional, more restrictive requirements, depending upon the classification of the CBRF covered by their license.
^j Can be an I-2 occupancy if the owner requested and gained approval for such a more-restrictive occupancy classification.

Comm 14.01 (2) (a) 2. Which requirements in NFPA 1 are design requirements that apply to public buildings or places of employment, and therefore are not included as part of Comm 14, Fire Prevention Code? (September 21, 2009)

Answer:
The NFPA 1 design requirements, essentially, are any requirements that a designer would otherwise need to follow when specifying the permanent physical characteristics of the building. These include the materials of construction, structural members, fire-resistance and fire protection systems, means of egress and accessibility, energy efficiency, electrical systems, plumbing and other mechanical systems.

The Department’s requirements for design of public buildings and places of employment are contained in the Wisconsin Commercial Building Code, chapters Comm 60 to 66, and in several other related building-component codes, such as the electrical code, chapter Comm 16. Comm 60 to 66 largely consist of design codes published by the International Code Council^®, such as the International Building Code ^®. During the construction process, local and department inspectors look for compliance with many of these design requirements.

Also during the construction process, some of the requirements in Comm 14 begin to apply, such as the safeguards in NFPA 1 chapter 16 for fire-safety during construction. Local fire inspectors and department inspectors should look for compliance with these requirements as well.

After this construction and building inspection process is completed, the use, operation and maintenance requirements of Comm 14 begin to apply, and the semiannual fire prevention inspections that are required in Comm 14 begin to occur. During these fire inspections, fire inspectors may encounter alterations to a building or a building component, such as for a change of occupancy or use, that have not been approved, or inspected by a building inspector.

Fire inspectors may also encounter changes of use that have occurred without any alterations to the building, including alterations necessary for complying with Comm 60 to 66 or the related building-component codes.

Where either of these types of encounters occur, fire inspectors can be effective initiators for achieving compliance with any unmet change-of-use requirements in the building codes, possibly through referrals to local building inspectors or department staff.

Fire inspectors can also encounter a wide variety of circumstances in the broad age range of the buildings they inspect. NFPA 1, along with the standards it includes by reference, has a wide variety of requirements that may apply to those circumstances, along with some requirements that do not because they are design requirements. For example, the NFPA 5000^® Building Construction and Safety Code^® and the NFPA 101^® Life Safety Code,^® which are both referenced in NFPA 1, consist primarily of design requirements. Wherever uncertainty arises about whether a particular NFPA 1 requirement is a design requirement, fire inspectors are encouraged to ask local building inspectors or department staff, such as fire prevention coordinators or building inspectors, for help in interpreting the building codes.

The following example is intended to provide guidance for determining which NFPA 1 requirements are not design requirements, and therefore are included as part of Comm 14. (Further clarification and examples to be added as they become available.)

Example. Hotel destroyed by fire during construction.
Delaware hotel

In April 2009, a three-alarm fire during construction of this hotel in Milford, Delaware, caused about $1 million in damage and a total loss of the building. If this construction had occurred in Wisconsin, the following provisions of NFPA 1 would have applied to this construction because they are not design requirements:

Sections 4.5.6 and 10.3.3 would have prohibited any occupancy until the required means of egress and fire protection features were in place and maintained, unless approved otherwise by the authority having jurisdiction (AHJ);
Section 11.1.6 would have required safe temporary electrical wiring;
Section 69.3.10.3 would have required AHJ approval for use and transportation of cylinders for liquefied petroleum or natural gas within the building if it was partially occupied; and
Chapter 16 would have required numerous safeguards during construction:

A fire protection plan if required by the AHJ;

A detailed fire safety program;

A knowledgeable fire safety program manager, designated and authorized by the owner;

Development of pre-fire plans in conjunction with local fire agencies;

Designation of a firefighting command post;

Fire department access roads;

Escape facilities, including adequate stairways, for construction workers;

Free access to first aid fire equipment;

Temporary walls for separating any occupied areas from any higher-hazard construction areas;

Installation of any required fire sprinkler protection as soon as practicable;

Installation and maintenance of standpipes where required by the AHJ;

Adequate ventilation for portable, unvented fuel-fired heating appliances;

Adequate storage and removal of combustible construction waste materials;

Adequate storage and handling of flammable and combustible liquids and gases;

Provision of fire extinguishers and a water supply as soon as combustible material accumulates;

Safe construction, location and use of tar kettles for torch-applied roofing systems; and

Adequately trained guard service if required by the AHJ.

Comm 14.01 (11) (b) Does chapter Comm 14 require fire prevention inspections for a public or private day care center for 8 or fewer children that is not in a one- or 2-family dwelling? (June 3, 2009)

Answer:
Yes. Section Comm 14.01 (11) (b) states "The chief of the fire department shall be responsible for having all public buildings and places of employment within the territory of the fire department inspected for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of any law or ordinance relating to fire hazards or to the prevention of fires." These day care centers are not excluded from the definitions of public building and place of employment that are established in sections 101.01 (11) and (12) of the Statutes and referenced in sections Comm 14.01 (1) (a) to (d).

Comm 14.01 (11) (b) Does the Department of Health Services (DHS) require all community-based residential facilities (CBRFs) to have annual fire prevention inspections? (May 27, 2009)

Answer:
Yes. Section DHS 83.47 (3), which became effective on April 1, 2009, reads as follows: “The CBRF shall arrange for an annual inspection by the local fire authority or certified fire inspector and shall retain fire inspection reports for 2 years.”

Section Comm 14.01 (11) (b) 3. requires conducting fire prevention inspections “at least once in each non-overlapping 6-month period per calendar year, or more often if ordered by the fire chief, in all territory served by the fire department.” In practice, these inspections occur once in the first half of the year and once in the second half; however, they may not be precisely 6 months apart. There are exceptions in section Comm 14.01 (11) (b) that permit less frequent fire inspections, provided the interval between those inspections does not exceed 15 months. In most fire departments, staffing availability dictates the precise scheduling of fire inspections.

DHS surveyors are fairly flexible on not having fire prevention inspections dated precisely 365 days apart. Consequently, the inspections that are performed under Comm 14.01 (11) (b), which include inspections of all facilities with 5 or more adult-care residents, should satisfy the DHS inspection requirement. However, the functional responsibility to ensure compliance with chapter DHS 83 lies with the licensed facility instead of the fire department. For example, if a fire department does not conduct a fire inspection in a manner that meets the facility’s needs, the facility would need to have an independent, third party perform the service.

Bill Lauzon is the DHS statewide contact for CBRFs, and can assist local fire departments if questions arise about corresponding directives from DHS staff, or about other DHS requirements for these facilities. He can be contacted by e-mail at bill.lauzon@wisconsin.gov or by telephone at 414-550-5864.

Comm 14.01 (11) (b) How do the fire prevention inspections that are required for child-care facilities in chapter Comm 14 correspond with Department of Children and Families (DCF) requirements and practices? (May 12, 2009)

Answer:
DCF maintains a listing by county of licensed child-care facilities at county directories. Fire departments can use this directory to look for existing licensed facilities. This licensure by DCF is required where 4 or more children are in care that receives state or federal funding. (Certification by a county is required where 3 or fewer children are in such care.)

Fire departments can expect to receive a copy of a DCF letter of license transmittal whenever a provider receives a license to operate a child care center, so fire departments can be aware of newly-licensed facilities.

A directory, listed by county, of the DCF regional licensing offices is available at regional licensing offices. If substantial deficiencies are found during a fire prevention inspection at a licensed child-care facility, the fire department can report its findings to the regional licensing office and receive help in achieving correction of the deficiencies.

The optional owner’s report form and instructional materials that DCF distributes to DCF staff and owners includes references to retaining and reviewing maintenance records for fire alarm systems and fire sprinkler systems.

DCF also publishes a commentary manual for child-care facilities. The manual is expected to explain that fire departments generally conduct fire prevention inspections at least once in each non-overlapping, 6-month period per calendar year (unless a different frequency is established in a first class city, or by a local ordinance, or by a Department of Commerce special order). Also, the manual will explain that under Comm 14 these inspections are not required for a one- or two-family dwelling which functions as (1) a foster home for 4 or fewer children, except up to 6 are permitted for siblings; or (2) a treatment foster home, for 4 or fewer children; or (3) a group home, a residential care center for children and youth, or a public or private day care center, for 8 or fewer children. Any request for a fire inspection that is not consistent with the inspections required under Comm 14 can be forwarded to Anne Carmody at 608-267-9761 or at anne.carmody@wi.gov.

More information about the DCF administrative rules and commentary for child care facilities is available at http://dcf.wi.gov/childrenresidential/Rules.HTM and http://dcf.wi.gov/childcare/licensed/Rules.HTM.

Answer:
Seasonal in this code section is based on the four weather seasons in Wisconsin. An occupancy is seasonal if it extends for no more than two of those four seasons, which is a maximum time period of 6 months in any calendar year. An example of a seasonal occupancy is a summer recreational business that opens in early summer on a weekend-only basis, changes to a 7-day-a-week operation during the peak summer months, and then closes in the fall when the onset of winter conditions makes the recreational activity unlikely. A school or a school building that remains open during the nonschool-year summer period is not a seasonal occupancy.

Periodic occupancies also occur less extensively than on a year-round basis. They differ from seasonal occupancies, however, by occurring more intermittently, or repeatedly from time to time during the calendar year. An office building that is closed during weekends and open during weekdays throughout the year is not a periodic occupancy.

NFPA 1 section 3.2.2. Who is the “authority having jurisdiction (AHJ)” and who is the “governing authority,” as those two terms are used in NFPA 1? (January 12, 2009)

Answer:
The “authority having jurisdiction (AHJ)” is the local fire department that performs the fire inspections addressed in Comm 14. The Department of Commerce is the “governing authority” (as that term is used in NFPA 1 section 1.6) for all of the requirements in chapter Comm 14, including the NFPA 1 requirements contained by reference in Comm 14. Any local unit of government adopting local requirements that apply in addition to Comm 14 is the “governing authority” for those requirements.

NFPA 1 section 3.2.2 defines “authority having jurisdiction (AHJ)” as “an organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.” The NFPA 1: Uniform Fire Code Handbook explains, “The AHJ is that person or office enforcing the Code.”

NFPA 1 section 1.6 addresses the role of the AHJ: “This Code shall be administered and enforced by the AHJ designated by the governing authority.” Also, NFPA 1 section 1.7.3.1 says, “The AHJ is authorized to render interpretations of this Code and to make and enforce rules and supplemental regulations in order to carry out the application and intent of its provisions.”

Chapter Comm 14 addresses the above NFPA text in two sections:

Section Comm 14.01 (2) (c) puts the Department’s authority above any local authority: “Any departmental interpretation of the requirements in this chapter or in the codes and standards that are adopted in this chapter shall supersede any differing interpretation by either a lower level jurisdiction or an issuer of the adopted code or standard.”

Because of statutory restraints, the Department’s ultimate authority does not extend to fire chiefs who are recognized in section Comm 14.01 (11) (a) as being authorized deputies of the Department. Chapter Comm 14 and section 101.14 (1) (b) of the Wisconsin Statutes authorize these deputies to exercise the Department’s authority for entering buildings and performing fire prevention inspections; however, section 101.14 (2) (a) of the Statutes makes these deputies subordinate to the Department by specifying that the Department has a right “to relieve any such chief from duties as such deputy for cause.”

Section Comm 14.01 (2) (d) is consistent with NFPA 1 section 1.7.3.1, in recognizing that local governing authorities may adopt requirements more restrictive than Comm 14. In addition, this Comm 14 section and section 101.02 (7) (a) of the Statutes prohibit local governing authorities from enacting any requirements that would conflict with Comm 14 and its NFPA 1 requirements. Comm 14.01 (2) (d) reads: “Pursuant to s. 101.02 (7), Stats., a city, village, town or local board of health may enact and enforce additional or more restrictive requirements for public buildings and places of employment, provided the requirements do not conflict with this chapter.”

Local governing authorities that want to adopt any of the annexes published with NFPA 1 should specifically identify them in a local ordinance. NFPA 1 Annex C contains a sample local ordinance for adopting NFPA 1 and any additions or other changes.

Purchase codes

Wisconsin Administrative Codes. You can purchase paper copies of the Wisconsin Administrative Codes from state Document Sales, 608-266-3358, or, for credit card purchases, 800-362-7253.

Wisconsin Fire Prevention Code. Electronic copies of the Wisconsin Fire Prevention Code are available on the Legislative Reference Bureau's web site.

National Fire Protection Association's (NFPA) publications. NFPA publications can be purchased from the National Fire Protection Association www.nfpa.org, 1 Batterymarch Park, Quincy, MA 02269-9101, 617-770-3000. To order the latest National Fire Protection Association's (NFPA) codes and standards including NEC, NFPA 101, NFPA 13, NFPA 72, NFPA 70E and more, visit the NFPACatalog.

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