Ordinance #83

Health
Eliminating Dangerous or Hazardous Conditions - City of Madison

The Common Council of the City of Madison do ordain as follows:

I. Subsection (5) entitled "Order to Eliminate Dangerous or Hazardous Conditions" of Section 34.01 entitled "General Provisions" of the Madison General Ordinances is amended to read as follows:

(5) Issuance of -Orders

(a) Order to Eliminate Dangerous or Hazardous Conditions. Whenever the Chief shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he/she shall order such dangerous conditions or materials to be removed or remedied:

1. Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials;

2. Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials;

3. Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly combustible materials;

4. Accumulations of dust or waste material in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts or inadequate clearances to unprotected combustible materials from hoods, grease extractors, and ducts;

5. Obstructions to or on fire escapes, designated access openings in exterior walls for Fire Department use, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire;

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

(b) Order Requireing Replacement of Fire Prevention, Detection or Suppression System Due to Recurring Violations: Whenever the Chief shall find in any building or upon any premises during any three consecutive inspections or reinspections a fire prevention, detection or suppression system which is defective, inoperative, improperly maintained or impropgrly operated, the Chief may order the following remedies:

1 . If the system includes one or more exit light(s) which have not been illuminated during inspections the Chief mU order that all of the exit lights in such premises be equipped with self-illuminating lights or lights equipped with light emitting diodes (LED);

2. If the system includes one or more self-closing fire door(s) any of which have been found to have been held open with non-approved hold open devices during inspections the Chief may order that all of the fire doors in such premises be equipped with an automatic closing device as that term is defined in Wis. Admin. Code sec. COMM 51.01( 7);

3. If the system includes one or more battery operated smoke detector(s) which have been inoperative during inspections the Chief may order that the premises be equipped with smoke detectors hardwired into the premises electrical service;

4. If the system includes emergency exit doors which, during hours of occupancy, have been found to be secured or locked with bolts, bars, chains, padlocks or locking devices other than the primary door lock the Chief may order the removal of such bolts, bars, chains, padlocks or additional locking devices and the Chief may further order that all emergency exit doors within the premises be equipped with panic door release hardware;

5. This subsection shall not be construed as a limitation upon the powers of the Chief to issue orders for corrections of violations under subsection (5)(a) above nor shall this subsection be construed as a limitation upon any of the power of the Chief under any other applicable provision of the Madison General Ordinances or the Wisconsin State Statutes.

2. Subsection (6) entitled "Service of Orders" of Section 34.01 entitled "General Provisions" of the Madison General Ordinances is amended to read as follows:

(6) Service of Orders.

(a) The service of written orders for the correction of violations of this code or for tile replacement of fire prevention, detection or suppression or systems shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of same to any person in charge of the premises, or by mailing such orders to the owner or other responsible person. This subdivision shall in no way preclude the Chief from issuing oral orders in such other manner as he deems appropriate under the circumstances.