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Published: September 15, 2011
Author: Peter Conrad
This article originally appeared in the Wisconsin Builders Association Builder August 10, 2011 Buzz Blog post.
Generally speaking, the answer is no. By way of example, let’s say a four-unit multifamily residential building suffered fire damage in two of its four units. The owner wants to repair those units. As we all know, Wis. Admin. Code § 62.0903 requires sprinkler systems in all newly constructed multifamily dwellings as of January 1, 2011. But does that code require the newly repaired units (or the entire building for that matter) to have a sprinkler system installed as part of the repairs? The answer to the question is found in the code.
Wisconsin Admin. Code. § Comm 61.03(10) provides:
REPAIRS. Those portions, elements, systems or components of existing buildings and structures repaired shall conform and be maintained in accordance with the rules of this code as the rules exist on one of the following:
- The date plans for that portion, element, system or component was approved by the department or authorized representative.
- The date the local building permit was issued for that portion, element, system or component, if plan submission and approval was not required.
- The date construction was initiated for that portion, element, system or component, where pars. (1) and (2) do not apply.
- The date repair is initiated.
In laymen’s terms, this generally means that a sprinkler system does not need to be installed in dwelling units that are only being repaired to the exact condition that previously existed. It also means that dwelling units that are not being repaired do not require sprinkler systems.
Given that this requirement applies to repairs, it is important to keep in mind that there is a distinction between a repair and an alteration to the building. Under Wis. Admin. Code. § Comm 61.03(8), if there is an alteration, the dwelling units may need to comply with the current code, including installation of a sprinkler system. However, that determination will depend on the nature of the alteration.
For more information on sprinkler systems in multifamily dwelling units, contact Conrad at 608.260.2483 or pconrad@axley.com.
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