Oak Creek, Wisconsin Building Codes

Updated : 04/22/2024

Overview

The city of Oak Creek, Wi. adopted the Uniform Dwelling Code, SPS chs. 320–325. Oak Creek, Wi. Muni. Code § 15.13(a) (accessed 4/15/2015). The city also expressly adopted the Wisconsin Commercial Building Code, SPS chs. 361–366. Oak Creek, Wi. Muni. Code § 15.14(a) (accessed 4/15/2015).

 

The city enforces the statewide fire code (NFPA 1, Fire Code, 2012 edition) with some amendments. Oak Creek, Wi. Muni. Code § 15.214 (accessed 4/15/2015).

Helpful resources for Oak Creek, Wisconsin include the following.

Residential Building Code

Wisconsin adopted a statewide mandatory residential code that will control. Authority for local amendments will be limited.See PLRB, Wisconsin Building Codes for more information on state level codes.

Oak Creek adopted the Wisconsin Uniform Residential CodeYou can find a copy of the code here.You can find information about the adoption without amendment to the model code here.

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Comments

The city of Oak Creek, Wi. adopted the Uniform Dwelling Code, SPS chs. 320–325. Oak Creek, Wi. Muni. Code § 15.13(a) (accessed 4/15/2015).

 

No building permit is required for work to be performed which is deemed minor repair. Id. § 15.13(c) (accessed 4/15/2015). Minor repairs do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection. Minor repairs also  do not increase a given occupancy and use. Furthermore, replacement of roof coverings and existing exterior or interior structural wall coverings are considered minor repairs. Id.

Existing Buildings

Existing buildings, meaning buildings that were built in accordance to code at the time of construction, typically merit extra consideration in a current updated code.

Sec. 15.13(b) Existing Buildings. – This section extends the applicability of the UDC to existing buildings. The following provisions apply:

  • An existing building to be occupied as a one- or two-family dwelling, which building was not previously so occupied.
  • An existing structure that is altered or repaired, when the cost of such alterations or repair during the life of the structure exceeds fifty percent (50%) of the equalized value of the structure, said value to be determined by the City Assessor.
  • Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Inspector, shall comply with the requirements of this Section for new buildings.
  • Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable Sections of this Chapter.

Oak Creek, Wi. Muni. Code § 15.13(b) (accessed 4/15/2015).

Commercial Building Code

Oak Creek adopted the 2009 IBC, statewide. Note that adoptions usually come with amendments. So, it is important to review those amendments in addition to the unamended model code.

You can find a copy of the code here.You can find information about the adoption without amendment to the model code here.

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Comments

The statewide code includes the 2009 ICC codes (IBC, IEBC, IFGC, IECC, and IMC). The city provides certain grandfathered ordinances (variances to the CBC). An ordinance that is grandfathered has passed the requirements laid out by the Legislature in Wisconsin Statute §101.02(7r)(b). The grandfathered ordinances are as follows:

 

SEC. 15.14 CONSTRUCTION STANDARDS; STATE CODE ADOPTED.

 

(a) Portions of Wisconsin Commercial Building Code Adopted.

(1) Codes Adopted. The Wisconsin Building, Heating, Ventilation and Air Conditioning Code, ILHR 50 through 64 and Barrier-Free Design, ILHR 69, Wis. Code, both inclusive and all future amendments, revisions, or modifications thereto, are hereby made a part of this Code by reference with respect to those buildings to which said provisions apply.

 

SEC. 15.15 NEW METHODS AND MATERIALS.

 

(a) All materials, methods of construction and devices designed for use in buildings or structures covered by this Section and not specifically mentioned in or permitted by this Section shall not be so used until approved in writing by the Wisconsin Department of Commerce for use in buildings or structures covered by the Wisconsin State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.

(b) Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the Wisconsin Department of Commerce. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the Wisconsin Department of Commerce.

(c) All materials, methods of construction and devices designed for use in buildings or structures not covered by the Wisconsin State Building Code shall be approved by the Building Commissioner when they are proved to be the equal of those specifically required by the Code.

 

SEC. 15.201 APPLICATION TO NEW AND EXISTING CONDITIONS.

 

The provisions of this Subchapter shall apply equally to new and existing conditions except that existing conditions, as of the effective date of this Subchapter not in strict compliance with the terms of this Subchapter, shall be permitted to continue where the exceptions do not constitute a hazard to life or adjoining property.

(a) State and National Codes Adopted All Orders, Rules and Regulations of the Department of Commerce, set forth in the Wisconsin Administrative Code Comm 61 through 65 and any future amendments thereto are hereby adopted by reference. The Wisconsin Enrolled Commercial Building Code, International Fire Code, National Electrical Code, and any future amendments thereto are hereby adopted by reference. The following NFPA regulations and any future amendments thereto are hereby adopted by reference:

(1) NFPA 13, 13R, and 13D Automatic Sprinkler Systems. 2002 edition

(2) NFPA 303 Fire Protection Standard for Marinas and Boatyards. 2000 edition

(3) NFPA 307 Standard for the Construction of Fire Protection of Marine Terminals, Piers, and Wharves. 2000 edition

(4) NFPA 850 Recommended Practice for Fire Protection for Electric Generating Plants. 2000 edition

(b) Conflicting Provisions In cases of conflict between local, state, and national code provisions, the most restrictive provisions shall govern.

 

SEC. 15.217 AUTOMATIC FIRE SPRINKLER REQUIREMENTS.

 

(b) Approved Sprinkler System Required. Every building hereinafter constructed or altered shall have an approved sprinkler system complying with the requirements of NFPA 13 and standpipe installed and maintained when occupied in whole or part for the following purposes:

NOTE: See definitions of area and total floor area for determining application of this Subsection.

(1) Principal Buildings. In all principal buildings, as follows:

c. Warehouses With Rack Storage.

1. Areas with storage of twelve (12) feet or less in height on racks shall be protected with automatic fire sprinklers in accordance with NFPA 13.

2. Areas with storage of greater than twelve (12) feet in height on racks shall be protected with automatic fire sprinklers in accordance with NFPA 13 standard for rack storage of materials.

(3) Repair Garages. Throughout repair garages as follows:

a. Fire resistive buildings over three thousand (3,000) square feet in area or exceeding one (1) story.

b. Non-fire resistive buildings over two thousand (2,000) square feet in area.

c. Basement and sub-basement garages and garages above or below other occupancies.

(5) Theaters and Assembly. Throughout all buildings.

(6) Hospitals. Throughout all buildings.

(7) Nursing, Convalescent, Old Age, and Other Institutional Buildings. Throughout all buildings.

(8) Schools, Colleges and Universities. Throughout all buildings.

(9) Dormitories, Fraternities and Sorority Houses. Throughout all buildings.

(10) Hotels and Motels. Throughout all buildings.

(11) Day Care Centers. Throughout all buildings.

(12) Community Based Residential Facilities (CBRF). Throughout all buildings.

(13) Other Buildings and Areas Requiring Sprinkler Protection.

a. Spray Booths. All spray booths using combustible or flammable liquids at any time shall be provided with a sprinkler system according to NFPA.

b. Kitchen Exhaust Hoods. All kitchen exhaust hoods (except in domestic science educational facilities from grades Kindergarten through 12, and single unit apartments in hotels, motels apartment buildings) shall be provided with a sprinkler system or have an approved type of automatic extinguishing system installed.

(14) Hazardous Properties. Throughout every building, which by reason of its construction or highly combustible occupancy involves a severe life hazard to its occupants, or in the judgment of the Fire Chief, constitutes a fire menace. A sample of occupancies considered highly combustible are as follows:

a. Aircraft hangars.

b. Chemical works.

c. Explosives and pyrotechnics manufacturing.

d. Linseed oil mills.

e. Linoleum and oil cloth manufacturing.

f. Oil refineries.

g. Paint shops.

h. Pyroxlin plastic manufacturing and processing.

i. Shade cloth manufacturing.

j. Solvent extracting.

k. Varnish works.

l. Any other occupancies involving processing, mixing, storage and dispensing of volatile liquids.

m. All sub-basements regardless of floor area.

(c) Existing Buildings.

(1) Where the Fire Departments or a duly authorized representative thereof finds that existing buildings which are used in whole or in part for the purposes set forth in Subsection (b) of this Section, he shall order compliance with the provisions of this Section. Installation of the automatic sprinkler system shall be started within one (1) year from the service of such order and completed within ninety (90) days after construction is started.

(2) When the occupancy or use of a building with an existing automatic fire sprinkler system changes to a higher hazard level as defined in NFPA 13, the automatic fire sprinkler system shall be altered so as to comply with the NFPA 13 requirements for the new level of hazard. Revision of the automatic sprinkler system shall begin within ninety (90) days from the date of such change in occupancy or use and be completed within ninety (90) days after construction has started.

(d) How Installed. Approved fire sprinkler equipment shall be designed, installed and tested in accordance with NFPA 13, “Standard for the Installation of Sprinkler Systems,” and other applicable standards of the National Fire Protection Association which are acceptable to the Fire Chief. All automatic fire sprinkler systems hydraulic designs are to be based on 90 percent of the available water supply (10% safety margin shall be maintained). All sprinkler systems designs shall be based on the most current approved water flow test. All water flow tests shall be witnessed by a Fire Department or Oak Creek Water Utility representative.

(e) Exemption and Substitution of Other Fire Protection Equipment. Nothing contained herein shall be construed as to require the installation of sprinklers in safe deposits or other vaults or in rooms of buildings devoted to the manufacture or storage of aluminum powder, calcium carbide, calcium phosphide, metallic sodium and potassium quick lime, magnesium powder, sodium peroxide or like materials where the application of water may cause or increase combustion, nor in any other location where the installation of sprinklers may increase the hazard nor shall it be consumed in any way to prohibit the substitution of other automatic protective equipment when approved by the Bureau of Fire Prevention.

(g) Additions or Remodeled Buildings and Change of Use. All existing buildings subject to this Section and all additions to these buildings shall conform to this Subsection, as follows:

(1) If fifty percent (50%) or more of the total floor area of a building is remodeled and/or added, the entire building shall comply with the requirements of this Section.

(4) From the effective date of this Code forward, all percentages of additions or remodelings shall be additive as applied to Subsections (g) (l), (2) and (3) above.

 

(PDF version here)

Existing Buildings

The 2009 IEBC is made part of the Commercial Building Code, subject to the modifications specified in the Wis. Adm. Code § SPS 366.

Other Building Codes

The Wisconsin Electrical Code § SPS 316 (Based on the National Electrical Code, NFPA 70, 2011 edition). Oak Creek, Wi. Muni. Code § 15.55 (accessed 4/15/2015).

The Wisconsin Plumbing Code Plumbing § SPS 380-387Oak Creek, Wi. Muni. Code § 15.61 (accessed 4/15/2015).

The International Energy Conservation Code, 2009 edition. Subject to modifications specified in § SPS 363.

The International Mechanical Code, 2009 edition. Subject to modifications specified in § SPS 364.

The International Fuel Gas Code, 2009 edition. Subject to modifications specified in § SPS 365.