Exterior Structure.
Milwaukee Code of Ordinances § 275-32
in effect275-32. Exterior Structure.
1. RESPONSIBILITY. The general welfare of the residents of the city requires that the exterior of structures, whether vacant or occupied, shall be kept in a good state of repair and maintained by the owner or operator in such a way as to protect the safety, health and welfare of the occupants and public and to prevent the blighting of city neighborhoods.
2. STRUCTURAL MEMBERS. All sup-porting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.
3. EXTERIOR SURFACES. Every foundation, exterior wall and roof shall be reasonably weatherproof, watertight, rodent-proof, insect-proof and shall be kept in a reasonably good state of maintenance and repair.
a. Wood. All exterior wood surfaces shall be reasonably protected from the elements and against decay, by paint or other approved protective coating applied in a workmanlike manner.
b. Ferrous Metal. All ferrous metal surfaces shall be properly surface-coated when required to prevent deterioration.
c. Previously Painted Surfaces. The following types of surfaces must be maintained to prevent blighting effect on the surrounding neighborhood:
c-1. Painted masonry surfaces must be maintained painted or have the paint removed from the surfaces.
c-2. Other painted surfaces must be maintained painted.
d. Decorative Features. All cornices, entablatures, belt courses, corbels, terracotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
e. Signs, Marquees and Awnings. All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective treatment.
f. Chimneys and Supplied Smoke Pipes. Every chimney and every supplied smoke pipe shall be adequately supported, reasonably clean and maintained in a reasonably good state of repair.
g. Stairways and Porches. Every inside and outside stairway, porch and appurtenance thereto shall be constructed as to be reasonably safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and in a reasonably good state of maintenance and repair.
h. Stairways, Exits and Service Walk Stairways. Stairways, exits and all service walk stairways shall be kept in a reasonable good state of repair and be unobstructed at all times.
h-1. Required. h-1-a. Every stairway and service walk stairway of more than 3 risers shall have at least one handrail mounted on the left, as one mounts the stairs.
h-1-b. Stairways of more than 3 risers shall have a handrail on each open side.
h-2. Height. Handrails shall not be less than 30 inches nor more than 34 inches vertically above the nose of the stair tread.
h-3. Opening Below Top Rail.
h-3-a. When handrails protecting the open sides of a stairway are replaced, they shall have an intermediate rail or rails, or an ornamental pattern designed to prevent the passage of an object with a diameter larger than 4 inches.
h-3-b. Handrails in industrial occupancies shall provide an intermediate rail at midheight.
h-3-c. Subdivision 3 does not apply to service walk handrails.
i. Guardrails. i-1. Opening Below Top Rail.
i-1-a. When guardrails are replaced they shall have an intermediate rail or rails, or an ornamental pattern designed to prevent the passage of an object with a diameter larger than 4 inches.
i-1-b. Industrial occupancies shall provide an intermediate rail at midheight.
i-2. Height. All replacement guardrails shall comply with the following:
i-2-a. Guardrails in one and 2-family dwellings shall be not less than 36 inches in height.
i-2-b. Guardrails in occupancies other than one and 2-family dwellings shall be not less than 42 inches in height.
4. WINDOWS, DOORS AND BASEMENT HATCHWAYS. a. Condition. Every window, exterior door and basement hatchway shall be reasonably weathertight and rodent-proof, and shall be kept in a reasonably good working condition and a reasonably good state of maintenance and repair.
b. Openable Windows. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.
c. Door Hardware. Every exterior door, door hinge and door latch shall be maintained in good condition. Door locks in dwelling units shall be in good repair and capable of tightly securing the door.
5. ROOF DRAINAGE. All water shall be conveyed and drained from every roof so as not to cause dampness or damage to the exterior or interior of the structure. Water shall be drained and directed in a manner which will in no way damage the adjoining premises.
6. ROOF GUTTERS AND CONDUCTORS. Except for private detached accessory buildings not more than 1,000 square feet in area, all roofs of all buildings and structures shall be provided with approved-type gutters and conductors. Gutters and conductors shall be properly installed and maintained in good repair at all times.
7. VACANT STRUCTURES.
a. Owners shall have the responsibility for maintaining all vacant dwelling units, dwellings, structures, principal buildings and accessory buildings in a locked or closed condition so that they cannot be entered without an unlawful break-in. The owner of any building that has become vacant shall within 30 days after the building becomes vacant or within 30 days after assuming ownership, whichever is later, file a registration statement pursuant to s. 200-51.7-4. The commissioner may, to assure compliance with this subsection, order an owner to board a structure.
a-1. Owners prior to boarding of a structure under order of the commissioner shall apply for a permit and pay the fee required under s. 200-33.
a-2. Boarding of a structure shall be required for all doors and windows on ground level, those doors and windows accessible to grade by stairs or permanently fixed ladders or within 10 feet of grade and any other doors, windows or other means of ingress or egress as directed by the commissioner.
a-3. Boards shall be cut to fit door and window openings, and square head or star drive screws at least 3 inches in length with washers shall be used to fasten boards to a structure.
a-4. At least one door boarded at the grade level shall be maintained with locks or hinges to permit entry for inspection purposes under subd. 7.
a-5. Boards shall be a minimum of 5/8" thick and be painted to match the trim or siding color of the structure, or be painted forest green.
a-6. Screening or alternate methods of boarding may be permitted when approved by the commissioner.
a-7. The owner of a structure boarded under subd. 1 shall be required, upon notification, to provide entry to the structure to the commissioner at least once every 6 months, for inspection purposes as specified as s. 200-51.7, or at anytime when the structure has been unlawfully entered.
a-8. The owner of a board structure shall notify the commissioner in writing no later than 10 days after sale of the structure or the unboarding of the property.
b. If, after a reasonable notice, the owner fails to board the structure, the commissioner may request the department of public works either by city personnel or by contract to correct the situation and charge the cost thereof upon the tax rolls of the property.
8. FENCES. Every fence shall be kept in a reasonably good state of maintenance and repair or shall be removed.
9. GARAGE DOORS. Garages and accessory buildings designed or utilized for the storage of motor vehicles shall be equipped with operative doors at all entranceways.
10. PUBLIC AREAS. All servicewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair.
11. ADDRESS NUMBERS. All dwellings and principal nonresidential buildings shall be provided with address numbers so that numbers placed on houses and buildings shall not be less than 3 inches, including background, in height, and shall be distinctly legible and shall be posted in a conspicuous place on the front of each house or building, and at the rear or side of properties that abut or are adjacent to alleys so as to be easily seen and read from such public ways. When a background is used, the number proper shall not be less than 2 inches in height.
12. ROOFING MATERIAL. Rolled roofing material shall not be installed over any existing roofing material except existing rolled roofing.
13. FACADE CRITICAL EXAMINATION
a. Purpose. In order to maintain a building’s facade in a safe condition, the following requirements shall apply to all buildings which are 15 years old or greater and which have 5 or more stories.
b. Exemptions. This subsection shall not apply to:
b-1. Walls above the 5th story that are set back more than 25 feet from the wall below, provided the setback has an access door for building maintenance and service only, from the occupied space.
b-2. Exterior walls that are 12 inches or less from the exterior wall of an adjacent building.
c. Definitions. In this subsection:
c-1. “Category I building” means a building constructed with exterior walls and parts thereof that are primarily reinforced with or are in direct contact with non-corrodeable metal.
c-2. “Category II building” means a building constructed with exterior walls and parts thereof that are primarily reinforced with or are in direct contact with corrosion-resistant metal.
c-3. “Category III building” means a building constructed with exterior walls and parts thereof that are primarily reinforced with or are in direct contact with corrodeable metal.
c-4. “Category IV building” means a building constructed with exterior walls and parts thereof that are primarily secured to the substrate by adhesive bond or with masonry headers.
c-5. “Close-up visual examination” means that the professional or the architect- in-training, engineer-in-training, technician, contractor or skilled trades person, under the professional’s direct supervision, must actually touch the façade by hand or tool, unless other methods are approved prior to the inspection by the commissioner.
c-6. “Corrodeable metal” means unprotected carbon steel, shop-primed steel, uncoated reinforcing bars and other metals that can corrode.
c-7. “Corrosion-resistant metal” means corrodeable metal that is galvanized, epoxy-coated or painted specifically to resist corrosion with that finish intact.
c-8. “Critical examination” means a close-up visual examination of the condition of one scaffold drop per elevation of façade, or parts thereof, performed by or under the direct supervision of a professional employed by the owner or agent for the purpose of determining if remedial work is required. The façade area which cannot be examined through a close-up visual examination shall be subject to a remote examination.
c-9. “Façade” means all areas on the exterior of the building, except for horizontal roof areas. The façade includes all walls, windows, balconies, cornices, parapets and appurtenances. The façade also includes walls supported on roofs, such as penthouse walls, chimneys, etc.
c-10. “Non-corrodeable metal” means stainless steel, aluminum or other metal that does not corrode under atmospheric conditions.
c-11. “Professional” means a registered architect or registered structural engineer in the state of Wisconsin. The professional responsible for the critical examination shall be qualified by education and experience in design, inspection or repair design of the type of exterior wall system(s) on the building being examined and shall perform services only in the areas of his or her competence as required under ch. A-E 8, Professional Conduct, Wis. Adm. Code.
c-12. “Remote examination” means an examination performed by a professional and involving the use of binoculars, photographic magnification techniques, remote observation equipment or infra-red or thermography cameras, which can demonstrate reasonable reliability in determining if an area needs a critical examination.
c-13 “Repair plan” means a plan created by the professional which identifies the nature of the defect to be corrected, a detailed procedure for making the repairs, a detailed sketch of the corrections or installation, a plan outlining protective measures for the public when applicable and a time schedule for the repairs.
c-14. “Safe” means a condition observed in a wall that exhibits neither an "unsafe and imminently hazardous condition" nor "safe with an ordinary repair and maintenance program" at the time of the critical examination.
c-15. “Safe with an ordinary repair and maintenance program” means a condition of a building façade, or part thereof, that is safe at the time of inspection, but requires ordinary repairs or maintenance within a time period designated by the professional, not to be later than the next required façade inspection date, in order to prevent its deterioration into an unsafe or unsafe and imminently hazardous condition.
c-16. “Scaffold drop” means a movement from top to bottom of a building façade and covering an area at least 24 feet wide using scaffolding, cranes, hoists, cherry pickers, ladders and other devices that permit a close-up visual examination of the façade at elevations above grade level.
c-17. “Story” means the space in a building between the surfaces of any floor and the floor next above or below, or roof next above, or any space not defined as basement, ground floor, interior balcony, mezzanine, penthouse or attic. The number of stories of a multistory building includes all stories except the basement, ground floor, interior balcony, mezzanine, penthouse or attic.
c-18. “Unsafe and imminently hazardous condition” means a condition in which a façade has no reliable means of structural support and is dangerous to people or property.
c-19. “Unsafe condition” means a condition of a façade, or part thereof, which was reported as safe with an ordinary repair and maintenance program in an earlier critical examination report and, upon inspection, is found not to have been corrected within the time period designated by the professional.
d. Periodic Critical Examination. A critical examination shall be performed by a professional and shall include all of the following:
d-1. The examination shall begin with an elevation parallel to any public sidewalk, walkway, street or alley.
d-2. A close-up visual examination of the building to be performed from a platform or device which allows an inspection of the facade area which can be reached by one scaffold drop per elevation. Other methods may include photographic magnification techniques, remote observation equipment or infra-red or thermography cameras, which can demonstrate reasonable reliability and which may be approved in addition to the close-up visual examination by the commissioner on a case-by-case basis.
d-3. A remote examination of those facade areas which are not accessible during the close-up visual examination.
d-4. A complete review of the most recently prepared inspection report.
d-5. A complete review of the pertinent drawings and specifications of the building to determine the specified designs of the facades on the building.
d-6. A complete review of the drawings, specifications and maintenance reports on previous repair work performed on the facades
d-7. Documentation of the condition of the facades through photographs and drawings.
d-8. A notification to the owner or agent of any wall areas that are bowed, bulged, displaced or leaning inward or outward and, where such defects exist, an examination of the condition of a sufficient number of metal ties, anchors and shelf angles that support the wall at these locations. The owner or agent shall promptly notify the department of such defects, and it shall be the responsibility of the professional to determine the appropriate repair or stabilization procedures. All work necessary to rectify the defects shall be done on a schedule set by the department, in consultation with the professional.
d-9. Examination of the substrate of wall areas with external visible distress.
e. Remote Examination. A remote examination, rather than a critical examination, may be performed by a professional on all facades which are more than 25 feet from the street line, alley, sidewalk, any paved walkways, plazas or play areas that are routinely used by the public and shall include all of the following:
e-1. Methodically scanning the facade area through the use of magnification devices.
e-2. Viewing vertically from street grade and down from parapet (where possible) and along all corners for alignment of facade elements.
e-3. Viewing horizontally to check for alignment of bands of facade elements (such as cornices, water tables, balconies, window lintels and sills).
e-4. Examining any areas which are bowing, bulging, displaced or leaning inward or outward by performing a critical examination.
f. Fire Escape Critical Examinations. Fire escape critical examination reports, as required by s. 214-19-2, may be provided as part of this report.
g. Examination Schedule. Inspection reports must be filed with the department on the following schedule, unless otherwise ordered by the commissioner:
g-1. Category I Buildings. g-1-a. If constructed prior to 1920, by December 1, 2004 and every 12 years thereafter.
g-1-b. If constructed between 1920 and 1950, by December 1, 2005 and every 12 years thereafter.
g-1-c. If constructed in 1951 or later and 15 years old or older, by December 1, 2006 and every 12 years thereafter.
g-2. Category II and IV Buildings.
g-2-a. If constructed prior to 1920, by December 1, 2004 and every 8 years thereafter.
g-2-b. If constructed between 1920 and 1950, by December 1, 2005 and every 8 years thereafter.
g-2-c. If constructed in 1951 or later and 15 years or older, by December 1, 2006 and every 8 years thereafter.
g-3. Category III Buildings.
g-3-a. If constructed prior to 1920, by December 1, 2004 and every 5 years thereafter.
g-3-b. If constructed between 1920 and 1950, by December 1, 2005 and every 5 years thereafter.
g-3-c. If constructed in 1951 or later and 15 years or older, by December 1, 2006 and every 5 years thereafter.
g-4. If a critical examination report was completed 5, 8 or 12 years or less prior to the submission due date, depending on the building category, the report may be submitted to the department for review. If the report is accepted, the next report will be due within 5, 8 or 12 years of when that report was originally completed, depending on the building category.
h. Critical Examination Reports. The professional shall submit a written report to the owner or agent and 2 copies of the report to the commissioner. A critical examination by a professional shall be performed with the understanding that, because of the physical properties of the many materials commonly used for constructing facades, and the limitations on detecting concealed internal wall distress, a critical examination performed by a professional may not find “unsafe and imminently hazardous conditions” in the façade that are not visible from the exterior. Therefore, submittal of the critical examination report is not a representation that all “unsafe and imminently hazardous conditions” in the façade have been identified. The report shall include:
h-1. The name and address of the building.
h-2. The name, address and phone number of the building owner and agent.
h-3. The name, business address and phone number of the professional preparing the report.
h-4. A site plan of the building showing adjacent streets and alleys, and relationship of the building to property lines and adjacent buildings.
h-5. A description of the building, including the number of stories, height, plan dimensions, age and type of exterior wall construction, describing (as applicable) cornices, soffits or similar overhangs or features.
h-6. Overall photographs or drawings of the 4 elevations of the building.
h-7. A detailed description of the critical examination in narrative form, including start and completion dates.
h-8. A designation of the building’s status by the professional, as defined in par. c.
h-9. Drawings or photographs describing the locations and extent of all significant distress or deteriorated conditions observed in the facades.
h-10. A description of recommended repair work and precautionary measures that will be taken to safeguard the public, if any, and the recommended completion date of such work.
h-11. Where appropriate, a comparison of conditions of facades on the building with conditions observed during previous examinations.
h-12. A recommendation for future examination, if earlier than 5 years from date of the report.
h-13. The signature and seal of the professional who performed the critical examination.
h-14. The signature of the owner or agent acknowledging his or her knowledge of the building’s condition and responsibility to maintain the building in a safe condition.
h-15. The date of the report.
h-16. Other documents, notes, summaries, memoranda, letters or ancillary reports pertinent to the critical examination report prepared by the professional and submitted to the owner.
i. Building Status. Based upon the exterior maintenance status of each building, the commissioner may issue orders to make needed repairs and obtain required permits . The procedure shall be as follows, based upon the exterior maintenance status of each building:
i-1. Buildings Determined “Safe”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent, and professional, bearing a stamp of receipt signed by the commissioner.
i-2. Buildings Determined “Safe With an Ordinary Repair and Maintenance Program”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent bearing a stamp of receipt signed by the commissioner upon approval of a repair schedule prior to the commencement of any work and filing of a second report by a professional stating the required work was performed.
i-3. Buildings Determined to be in an “Unsafe Condition”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent bearing a stamp of receipt signed by the commissioner upon filing of a repair plan prepared by a professional, filing of a follow-up report by the professional stating that the building has been brought back to a “safe condition” within the time schedule established by the commissioner and completion of a scheduled inspection by the department.
i-4. Buildings Determined to be in an “Unsafe and Imminently Hazardous Condition”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent bearing a stamp of receipt signed by the commissioner upon completion of the following:
i-4-a. Notification by the professional to the commissioner by the next business day related to the condition of the building.
i-4-b. Detailing the appropriate precautionary measures to be taken by the owner prior to a scheduled city inspection to prevent further deterioration and to make the site safe to the public and building occupants prior to scheduled repairs being performed. If the building owner fails to take these measures prior to the city inspection, the commissioner may cause the precautionary measures to be taken. The cost incurred by the city in taking the necessary precautionary measures may be charged against the real estate upon which the building is located, and if that cost is so charged it is a lien upon such real estate and may be assessed and collected as a special charge.
i-4-c. Submission of a repair plan within 3 business days of the notification to the commissioner of the condition of the building.
i-4-d. A written report by the professional noting that repairs have been performed to bring the building into a “safe condition” on a schedule created by the commissioner shall be submitted in duplicate to the commissioner by the owner.
i-4-e. A professional has submitted a maintenance plan for the building and monthly reports to the commissioner related to the maintenance work performed.
i-4-f. Another critical examination has been scheduled to be performed within a year, with the report of that examination to be submitted to the commissioner.
14. PARKING STRUCTURE CRITICAL EXAMINATION a. Purpose. In order to maintain parking structures in a safe condition, the following requirements shall apply to all parking structures:
b. Definitions. In this subsection:
b-1.
“Category I building” means a building constructed with exterior walls and parts thereof that are primarily reinforced with or are in direct contact with non-corrodeable metal.
b-2.
“Category II building” means a building constructed with exterior walls and parts thereof that are primarily reinforced with or are in direct contact with corrosion-resistant metal.
b-3.
“Category III building” means a building constructed with exterior walls and parts thereof that are primarily reinforced with or are in direct contact with corrodeable metal.
b-4.
“Category IV building” means a building constructed with exterior walls and parts thereof that are primarily secured to the substrate by adhesive bond or with masonry headers.
b-5. “Close-up visual examination” means that the professional or the architect-in-training, engineer-in-training, technician, contractor or skilled trades person, under the professional’s direct supervision, must actually touch the structure by hand or tool, unless other methods are approved prior to the inspection by the commissioner.
b-6.
“Corrodeable metal” means unprotected carbon steel, shop-primed steel, uncoated reinforcing bars and other metals that can corrode.
b-7. “Corrosion-resistant metal” means corrodeable metal that is galvanized, epoxy-coated or painted specifically to resist corrosion with that finish intact.
b-8. “Critical examination” means a close-up visual examination of the condition of one scaffold drop per elevation of the structure, or parts thereof, performed by or under the direct supervision of a professional employed by the owner or agent for the purpose of determining if remedial work is required. The structure area which cannot be examined through a close-up visual examination shall be subject to a remote examination.
b-9.
“Structure” means all areas on the exterior of the building, except for horizontal roof areas. The structure includes all walls, windows, balconies, cornices, parapets and appurtenances. The structure also includes walls supported on roofs, such as penthouse walls, chimneys, etc.
b-10. “Non-corrodeable
metal” means stainless steel, aluminum or other metal that does not corrode under atmospheric conditions.
b-11.
“Professional” means a registered architect or registered structural engineer in the state of Wisconsin. The professional responsible for the critical examination shall be qualified by education and experience in design, inspection or repair design of the type of exterior wall system(s) on the building being examined and shall perform services only in the areas of his or her competence as required under ch. A-E 8, Professional Conduct, Wis. Adm. Code.
b-12.
“Remote examination” means an examination performed by a professional and involving the use of binoculars, photographic magnification techniques, remote observation equipment or infra-red or thermography cameras, which can demonstrate reasonable reliability in determining if an area needs a critical examination.
b-13
“Repair plan” means a plan created by the professional which identifies the nature of the defect to be corrected, a detailed procedure for making the repairs, a detailed sketch of the corrections or installation, a plan outlining protective measures for the public when applicable and a time schedule for the repairs.
b-14. “Safe” means a condition observed in a wall that exhibits neither an "unsafe and imminently hazardous condition" nor "safe with an ordinary repair and maintenance program" at the time of the critical examination.
b-15.
“Safe with an ordinary repair and maintenance program” means a condition of a structure, or part thereof, that is safe at the time of inspection, but requires ordinary repairs or maintenance within a time period designated by the professional, not to be later than the next required structure inspection date, in order to prevent its deterioration into an unsafe or unsafe and imminently hazardous condition.
b-16.
“Scaffold drop” means a movement from top to bottom of a structure and covering an area at least 24 feet wide using scaffolding, cranes, hoists, cherry pickers, ladders and other devices that permit a close-up visual examination of the structure at elevations above grade level.
b-17.
“Story” means the space in a building between the surfaces of any floor and the floor next above or below, or roof next above, or any space not defined as basement, ground floor, interior balcony, mezzanine, penthouse or attic. The number of stories of a multistory building includes all stories except the basement, ground floor, interior balcony, mezzanine, penthouse or attic.
b-18.
“Unsafe and imminently hazardous condition” means a condition in which a structure has no reliable means of structural support and is dangerous to people or property.
b-19.
“Unsafe condition” means a condition of a structure, or part thereof, which was reported as safe with an ordinary repair and maintenance program in an earlier critical examination report and, upon inspection, is found not to have been corrected within the time period designated by the professional.
c. Periodic Critical Examination. A critical examination shall be performed by a professional and shall include all of the following:
c-1. The examination shall begin with an elevation parallel to any public sidewalk, walkway, street or alley.
c-2. A close-up visual examination of the building to be performed from a platform or device which allows an inspection of the structure area which can be reached by one scaffold drop per elevation. Other methods may include photographic magnification techniques, remote observation equipment or infra-red or thermography cameras, which can demonstrate reasonable reliability and which may be approved in addition to the close-up visual examination by the commissioner on a case-by-case basis.
c-3. A remote examination of those structure areas which are not accessible during the close-up visual examination.
c-4. A complete review of the most recently prepared inspection report.
c-5. A complete review of the pertinent drawings and specifications of the building to determine the specified designs of the structure.
c-6. A complete review of the drawings, specifications and maintenance reports on previous repair work performed on the structure.
c-7. Documentation of the condition of the structure through photographs and drawings.
c-8. A notification to the owner or agent of any wall areas that are bowed, bulged, displaced or leaning inward or outward and, where such defects exist, an examination of the condition of a sufficient number of metal ties, anchors and shelf angles that support the wall at these locations. The owner or agent shall promptly notify the department of such defects, and it shall be the responsibility of the professional to determine the appropriate repair or stabilization procedures. All work necessary to rectify the defects shall be done on a schedule set by the department, in consultation with the professional.
c-9. Examination of the substrate of wall areas with external visible distress.
d. Remote Examination. A remote examination, rather than a critical examination, may be performed by a professional on all structures which are more than 25 feet from the street line, alley, sidewalk, any paved walkways, plazas or play areas that are routinely used by the public and shall include all of the following:
d-1. Methodically scanning the structure area through the use of magnification devices.
d-2. Viewing vertically from street grade and down from parapet (where possible) and along all corners for alignment of structure elements.
d-3. Viewing horizontally to check for alignment of bands of structure elements (such as cornices, water tables, balconies, window lintels and sills).
d-4. Examining any areas which are bowing, bulging, displaced or leaning inward or outward by performing a critical examination.
e. Fire Escape Critical Examinations. Fire escape critical examination reports, as required by s. 214-19-2, may be provided as part of this report.
f. Examination Schedule. Inspection reports must be filed with the department on the following schedule, unless otherwise ordered by the commissioner:
f-1. Category I Buildings.
f-1-a. If constructed prior to 1920, by December 1, 2028 and every 12 years thereafter.
f-1-b. If constructed between 1920 and 1950, by December 1, 2029 and every 12 years thereafter.
f-1-c. If constructed in 1951 or later and 15 years old or older, by December 1, 2030 and every 12 years thereafter.
f-2. Category II and IV Buildings.
f-2-a. If constructed prior to 1920, by December 1, 2028 and every 8 years thereafter.
f-2-b. If constructed between 1920 and 1950, by December 1, 2029 and every 8 years thereafter.
f-2-c. If constructed in 1951 or later and 15 years or older, by December 1, 2030 and every 8 years thereafter.
f-3. Category III Buildings.
f-3-a. If constructed prior to 1920, by December 1, 2028 and every 5 years thereafter.
f-3-b. If constructed between 1920 and 1950, by December 1, 2029 and every 5 years thereafter.
f-3-c. If constructed in 1951 or later and 15 years or older, by December 1, 2030 and every 5 years thereafter.
f-4. If a critical examination report was completed 5, 8 or 12 years or less prior to the submission due date, depending on the building category, the report may be submitted to the department for review. If the report is accepted, the next report will be due within 5, 8 or 12 years of when that report was originally completed, depending on the building category.
g. Critical Examination Reports. The professional shall submit a written report to the owner or agent and 2 copies of the report to the commissioner. A critical examination by a professional shall be performed with the understanding that, because of the physical properties of the many materials commonly used for constructing structures, and the limitations on detecting concealed internal wall distress, a critical examination performed by a professional may not find “unsafe and imminently hazardous conditions” in the structure. Therefore, submittal of the critical examination report is not a representation that all “unsafe and imminently hazardous conditions” in the structure have been identified. The report shall include:
g-1. The name and address of the building.
g-2. The name, address and phone number of the building owner and agent.
g-3. The name, business address and phone number of the professional preparing the report.
g-4. A site plan of the building showing adjacent streets and alleys, and relationship of the building to property lines and adjacent buildings.
g-5. A description of the building, including the number of stories, height, plan dimensions, age and type of exterior wall construction, describing (as applicable) cornices, soffits or similar overhangs or features.
g-6. Overall photographs or drawings of the 4 elevations of the building.
g-7. A detailed description of the critical examination in narrative form, including start and completion dates.
g-8.
A designation of the building’s status by the professional, as defined in par. c.
g-9. Drawings or photographs describing the locations and extent of all significant distress or deteriorated conditions observed in the structure.
g-10. A description of recommended repair work and precautionary measures that will be taken to safeguard the public, if any, and the recommended completion date of such work.
g-11. Where appropriate, a comparison of conditions of elements of the structure with conditions observed during previous examinations.
g-12. A recommendation for future examination, if earlier than 5 years from date of the report.
g-13. The signature and seal of the professional who performed the critical examination.
g-14. The signature of the owner or agent acknowledging his or her knowledge of the building’s condition and responsibility to maintain the building in a safe condition.
g-15. The date of the report.
g-16. Other documents, notes, summaries, memoranda, letters or ancillary reports pertinent to the critical examination report prepared by the professional and submitted to the owner.
h. Building Status. Based upon the exterior maintenance status of each building, the commissioner may issue orders to make needed repairs and obtain required permits. The procedure shall be as follows, based upon the exterior maintenance status of each building:
h-1.
Buildings Determined “Safe”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent, and professional, bearing a stamp of receipt signed by the commissioner.
h-2.
Buildings Determined “Safe With an Ordinary Repair and Maintenance Program”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent bearing a stamp of receipt signed by the commissioner upon approval of a repair schedule prior to the commencement of any work and filing of a second report by a professional stating the required work was performed.
h-3. Buildings Determined to be in an “Unsafe Condition”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent bearing a stamp of receipt signed by the commissioner upon filing of a repair plan prepared by a professional, filing of a follow-up report by the professional stating that the building has been brought back to a “safe condition” within the time schedule established by the commissioner and completion of a scheduled inspection by the department.
h-4. Buildings Determined to be in an “Unsafe and Imminently Hazardous Condition”. One copy of the report shall, if completed in compliance with par. h, be returned to the owner or agent bearing a stamp of receipt signed by the commissioner upon completion of the following:
h-4-a. Notification by the professional to the commissioner by the next business day related to the condition of the building.
h-4-b. Detailing the appropriate precautionary measures to be taken by the owner prior to a scheduled city inspection to prevent further deterioration and to make the site safe to the public and building occupants prior to scheduled repairs being performed. If the building owner fails to take these measures prior to the city inspection, the commissioner may cause the precautionary measures to be taken. The cost incurred by the city in taking the necessary precautionary measures may be charged against the real estate upon which the building is located, and if that cost is so charged it is a lien upon such real estate and may be assessed and collected as a special charge.
h-4-c. Submission of a repair plan within 3 business days of the notification to the commissioner of the condition of the building.
h-4-d. A written report by the professional noting that repairs have been performed to bring the building into a “safe condition” on a schedule created by the commissioner shall be submitted in duplicate to the commissioner by the owner.
h-4-e. A professional has submitted a maintenance plan for the building and monthly reports to the commissioner related to the maintenance work performed.
h-4-f. Another critical examination has been scheduled to be performed within a year, with the report of that examination to be submitted to the commissioner.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-2/CH275.pdf#page=11Fetched: 10/26/2026