HomeMy WebLinkAboutLetter - 3/18/1996
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CITY HALL
215 Church Avenue
P. O. Box 1130
Oshkosh, Wisconsin
54902-1130
City of Oshkosh
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OJHKOJH
Mary Remillard
3790 Paukotuk Ln
Oshkosh, VV1 54901
March 18, 1996
Re: Side Exit at 211 High Ave.
Dear Ms. Remillard;
I apologize for the delayed response to your inquiry about not installing the stairs to the east side
exit. I was finally able to contact someone at DIHLR last week and asked him to research the
code requirements for stairs in the early 1940's. Attached are copies of code pages from the
early 1940's. The requirements at that time required a landing and stairs at this door. In my
discussions with the DILHR representative, we concluded it would be fair to allow the omission
of the landing, but stairs must still be provided to grade level.
The code requirement for stairs at that time was a maximum of 7 3/4" rise and a minimum of a
9 1/2" tread. In my field measurements for this exit, you will need to provide 2 steps outside of
this door and all risers, including the rise from the last step into the building, must be uniform.
These 2 steps would project 19" ifusing the minimum allowed tread length. This would leave
approximately 5' 10" of space for vehicles to access the rear parking lot.
If you still find it unacceptable to install the required steps then you have two options. One
option would involve altering the buildings exit pattern so that this east exit could be abandoned.
It is possible that each entity on the first floor could be provided with only one exit and be code
compliant. This could be done if the commercial tenant does not exceed 750 net sq. ft. in area
and the exit leads directly to the outside, not an interior corridor. The rear first floor dwelling
unit could be provided with only one exit if it also leads directly to the outside, not to an interior
corridor.
The second option would be to apply for a variance from DILHR to eliminate the east exit steps.
However, be advised that the basic premise for granting a variance is to provide other equal or
greater safety measures to take the place of the safety measures being proposed for elimination.
My experience has been that unless additional safety measures are provided to compensate for
the removal of these steps, the variance application would be denied.
Enclosed is a copy of the DILHR variance application. Once you have filled it out, you must
submit it to our Fire Department for review and comments and to this office for review and
comments. Then it must be submitted to DILHR for consideration.
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If you have any questions, please call me at 236-5045.
Sincerely;
Allyn Dannhoff
Director of Code Enforcement
Petition For Variance
Information & Instructions - IlHR 3
Safety Jnd Buildings Division
201 E. Washington Ave.
P.O. Box 7969
Madison, WI 53707
Telephone: (608) 266-3151
Wisconsin Department of Industry,
Labor and HUl'"0an Relations
In instances where exact compliance with a particular code requirement cannot be met or
alternative designs are desired, the Division has a petition for variance program where it reviews
and considers acceptance of alternatives which are not in strict conformance with the letter of
the code, but which meet the intent of the code. A variance is not a waiver from a code
requirement. The petitioner must provide an equivalency which meets the intent of the code
section petitioned to obtain a variance. Documentation of the rationale for the equivalency is
requested below. Failure to provide adequate information may delay your petition. Pictures,
sketches, and plans may be submitted to support equivalency. If the proposed equivalency does
not adequately safeguard the health, safety, and welfare of occupants, frequenters, firefighters,
etc., the variance will be denied. NOTE: A SEPARATE PETITION IS REQUIRED FOR EACH
BUILDING AND EACH CODE ISSUE PETITIONED (i.e., a window size issue cannot be processed
on the same petition as a stair width issue). It should be noted that a petition for variance
does not take the place of any required plan review submittal.
The Division is unable to process petitions for variance that are not properly completed. Before
submitting the application, the following items should be checked for completeness in order to
avoid delays:
. Petitioner's name (typed or printed)
. Petitioner's signature
The Petition For Variance Application must be signed by the owner of the building or
project unless a power of attorney is submitted.
. Notary Public signature with affixed seal
. Analysis to establish equivalency, including any pictures, illustrations or sketches of the
existing and proposed conditions to clearly convey your proposal to the reviewer.
. Proper fee
. Any required position statements by fire chief or municipal official
A position statement from the chief of the local fire d~partment is required for fire safety
issues. No position statement is required for nonfire topics such as sanitary, enerQY
conservation and barrier free environments. For rules relating to one and two-family.
dwellings, only a position statement from the local enforcing municipality is required.
Position statements must be completed and signed by the appropriate fire chief or
municipal official. See the back of SBD-9890, Petition For Variance Application form for
these position statement forms. Signatures or seals on all documents must be originals.
Photocopies are not acceptable.
SBD.9890 (A. 05/94)
Contact numbers and fees for the Division's petition for variance program are as follows:
Chapters ILHR 20-25, Uniform Dwelling Code ...................
(608) 267-5113
$125.00
Chapters ILHR 67-68, Rental Unit Energy Efficiency Code ..........
(608) 266-1930
$125.00
Chapters ILHR 50-64, Commercial Building Code ................
(608) 267-9152
$490.00
· The cities of Milwaukee and Madison may process petitions for variances from chapters
ILHR 50 through 64 requirements on projects in their jurisdiction.
Chapter ILHR 70, Historic Building Code (608) 266-7849 ...........
(608) 266-7849
$300.00
All other chapters .............................................................. $200.00
Boilers and Pressure Vessels ..........................
Electrical ........................................
Elevators ........................................
Flammable Liquids .................................
(608) 266-7548
(608) 266-5649
(608) 267-9606
(608) 266-1542
Priority Review: Does not apply to Uniform Dwelling Code or Historic
Building Code issues which already are treated as a priority.
Double
Above Amounts
Except for special cases, the Division will review and make a determination on a petition for
variance within 30 business days of receipt of all calculations, documents, and fees required for
the review. Uniform Dwelling Code petitions will be processed within 5 business days. Priority
petitions will be processed within 10 business days.
Petitions for variance shall be submitted to:
DILHR Safety and Buildings
201 East Washington Avenue
P.O. Box 7969
Madison, Wisconsin 53707
General Plumbing or Private Sewage petitions must be submitted on a different form. For
information or to acquire the form call the Madison office, (608) 266-3815, or any of the
other full-service offices identified below.
Hayward Office La Crosse Office Shawano Office Waukesha Office
209 W. First St. Hwy 63 2226 Rose St. 1053A E. Green Bay St. 401 Pilot Ct., Suite C
Route 8 Box 8072 La Crosse WI 54603 P.O. Box 434 Waukesha WI 53188
Hayward WI 54843 Shawano WI 54166
Telephone: (715) 634-4870 Telephone: (608) 785-9334 Telephone: (715) 524-3626 Telephone: (414) 548-8606
Fax: (715) 634-5150 Fax: (608) 785-9330 Fax: (715) 524-3633 Fax: (414) 548-8614
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Oept. Use Only
Pfan No.
Petition For Variance Application
Sak. . .d.,;,. "j" 01"",:;.,,1 i
201 E. Washll1gton Ave.
P.O. Box 7969
Madison, WI 53707
Telephone: (608) 266-3151
;.;,sconSlll L.;0j.-Z, ~;; .....; it ul Industr'y,
Labor and Human Relations
ount Paid
Page 1 of
PLEASE TYPE OR PRINT LEAR Y - The Informalion VOll nrovlde mav be used bv other oovernmenl aocncv oroorams IPnvacv Law s. 15.0411\/0111
1. Owner Information 2. Project Information 3. Designer Information
Name BUlldlll!J O(;(;upancy Chaptcr(s) and Use Dcsluner I Roglstralion /I
Company Name Tenant Name (If any) DeSign Firm
Number and Street ProjCCt Location (number and street) Number and Stroot
City, State and ZiP Code Deity D Village D Township of City, Sldte and ZiP Code
Contact Person Counly of Contact Person
Telephone Number I Fax Number Prop. 10 /I (tax parcel II - contact county) Telephone Number I Fax Number
( ) ( ) ( ) ( )
c
L
Review By: 0 State 0 Municipality
Plan Number
o On hold
o Preliminary design
o Approved, requesting reviSion
o Submitted with petition
o Already built
o Built according to older code but must be brought
II1to compliance with current code
o Plan will be submitted after petition determination
o Other
4. Plan Review Status
5. State the code section being petitioned and the specific condition or issue you are requesting be covered under this
petition for variance.
6. Reason why compliance with the code cannot be attained without the variance.
7. State your proposed means and rationale of providing equivalent degree of health, safety, or welfare as addressed by the
code section petitioned,
8. List attachments to be considered as part of the petitioner's statements (i.e., model code sections, test reports, research
articles, expert opinion, previously approved variances, pictures, plans, sketches, etc.)
Verification By Owner - Petition is valid only if notarized with affixed seal and accompanied by review fee (See
Section ILHR 2.52 for complete fee information)
Note: Petitioner must be the owner of the building or project. Tenants, agents, designers, contractors, attorneys, etc.,
shall not sign petition unless Power of Attorney is submitted with the Petition for Variance Application.
Petitioner's Name (type or pnnt)
, beln!J duly sworn, I state as petitioner that I have read the foreUOlng petition and I believe
It IS true and that I have slyruflcant ownership nghts to the sublect bUlldlflg or prolect.
Petllioner's Signature
Subscnbed and sworn to Notary PutJlic
belore lIIe thiS date
My comrrllSSlon
expires on
(ornnl~te Other Sid~
5BD.9890 (R 05A4)
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Owner's Name
PrOject Localton
Plan Numbet
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Fire Department Position Statement Page 2 of
To be completed for variances requested from ILHR 50-64, ILHR
, 0, and other fire related requirements
I have read the petition for variance and recommend: (check appropriate box)
o Approval 0 Conditional Approval 0 Denial 0 No Comment
Explanation for recommendation including any conflicts with local rules and regulations and suggested conditions:
Fire Department Name and Address
Fire Ctllof or Designee Name (tylJC or print)
Telephone Number
Fire ChIef or Designee Signature
Date Signed
Municipal Building Inspection Recommendation
To be completed for variances requested from ILHR 20-23, also to be used if ILHR 50-64 plan review is by
municipality or orders are written on the building under construction; optional in other cases.
I have read the petition for variance and recommend: (check appropriate box)
o Approval 0 Conditional Approval 0 Denial 0 No Comment
Explanation for recommendation including any conflicts with local rules and regulations and suggested conditions:
MUfllClpahty ExercIslflg JUriSdiction
Municipal Official's Name and Address (type or pnnt)
Telephone Number
Municipal Enforcement Official's Signature
Dale Signed