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S&B - Questions and Answers about the Wisconsin Commercial Building Code in effect after March 1, 2008

The Safety and Buildings Division Q&As below are about the Commercial Building Code, Comm 60-66, in effect after March 1, 2008. There is also a page of Q&As concerning the code in effect July 1, 2002, to February 28, 2008.
The Wisconsin Commercial Building Code, itself, is the primary source of information to answer code-related questions. S&B recognizes the International Building Code Commentary as another source of information. - How to purchase copies of the Wisconsin administrative codes and the ICC code commentary 

Five alternate standard evaluations relate to commercial building construction (find separately by number among the building product evaluations)  They can still be used but may have been incorporated into the 2006 ICC codes:

1.) ANSI/AF&PA NDS-2001 National Design Specification for Wood Construction, Wisconsin Frame Builders Association (Evaluation 200318-A)
2.) 2003 International Mechanical Code, sections 507.1 and 507.2 (Evaluation 200319-H);
3.) Table 2306.2, International Fire Code - 2003 (Evaluation 200320-A); 
4.) Section 716.6.2, International Building Code- 2003 (Evaluation 200406-A).
5.)  ICC/ANSI 300 - 2002 [Bleachers, Folding and Telescoping Seating, and Grandstands] (Evaluation 200607-A)


  Most recent: Added on October 14, 2008:  IBC 3002.4 Where the WCBC requires that an elevator be available to provide fire department emergency access to a building, is it allowable to use an elevator car that is of a size that will accommodate an ambulance stretcher of the length and width specified in IBC section 3002.4, but  with rounded corners instead of square corners?

Answer: Yes.  S&B understands there are few if any ambulance stretchers manufactured with other than rounded or chamfered corners.  It is permissible to use an elevator car design that is based on an ambulance stretcher that is 24-inches wide by 84-inches long with corners that have up to a 5-inch radius.

Although it is unlikely that square cornered stretchers of that length and width are in use, when an elevator car as described above is being utilized, the owner or designer of the building is responsible for making the local emergency medical services aware that such an elevator car is being used so they will have the opportunity to make the necessary adjustments in order to serve that building. (October 14, 2008)
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Questions  Select the code section to view the answer, or scroll down. 

Comm 61.02  What are some residential configurations that illustrate where the scope of the Uniform Dwelling Code stops and the Commercial Building Code applies instead, or vice versa? (July 15, 2008)

Comm 61.02  Which aircraft hangers are outside the scope of the Commercial Building Code? (July 15, 2008)

Comm 61.30 , Comm 61.31, IBC 503.1.2 Where a group of small buildings utilizes the single building exception of IBC 503.1.2 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes? (June 30, 2008)

Comm 61.31 , Comm 61.30, IBC 503.1.2  Where a group of small buildings utilizes the single building exception of IBC 503.1.2 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes? (June 30, 2008)

Comm Table 62.0903  In a building containing mixed uses or mixed occupancies in addition to R-2 dwelling units, what does or does not constitute a "common-use area?" (June 30, 2008)

Comm 62.0903(6)(b)  How does Comm 62.0903(6)(b) affect the height and area limits of IBC Chapter 5 for buildings falling in the R-2 occupancy grouping? (June 30, 2008)

Comm 62.1101(1)(a) and IBC 1107.7.2  Do the operable control requirements found in Comm 62.1101(1)(a) overrule the general exception spelled out in IBC 1107.7.2 and require the controls on the upper levels of multistory units to be located at the heights required of Type B units? (June 30, 2008)

Comm 62.1210, 62.2900, and 62.2902(6), IBC 2902.4, 2902.1, Table 2902.1, and 2902.6  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (June 30, 2008)

Comm 66.0910, IEBC 910, and IBC 2902.2 - Exception 2  If in a commercial building that predates Comm 60 to 66 there is an alteration or use change to a space having a single toilet room, can the single toilet room still be permitted if the total occupant load it is serving exceeds the 15 person limit as specified in the second exception of IBC section 2902.2?  (September 4, 2008)

IBC Chapter 35, I BC 2603.4.1.5, 1508.1, 1505.1, and 1502.1 Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450? (July 31, 2008)

IBC 202  Is an occupied roof a story? (June 30, 2008)

IBC 202 2902.1, Table 2902.1, and 2902.4  Are toilet rooms required for buildings or structures that are not designed to be normally occupied? (June 30, 2008)

IBC 303.1 For the requirements under IBC Chapters 3, 5, and 9, are conference, break, or training rooms that are exclusively for the employees in a nonassembly-occupancy building considered to be a separate, distinct A occupancy? (June 30, 2008)

IBC 402 For a change of use of a tenant space within a mall, must the tenant space be separated from any other tenant spaces by a fire partition having a fire-resistive rating complying with IBC Section 708? (June 30, 2008)

IBC 412.2.1  Do the setback requirements in IBC section 412.2.1 for exterior walls of aircraft hangers apply either to an "imaginary line" between two buildings on the same property - as that line is referred to in the definition for fire separation distance in IBC 702 - or to an "assumed" property line between two buildings on the same property, as that line is referred to in IBC 704.3? (June 30, 2008)

IBC 503.1 and 508.3.3  Specific to the construction of a new multi-story building that is to have multiple uses, how do the separated use provisions prescribed in IBC 508.3.3 interact with the story above grade plane limitations of Table 503? (June 30, 2008)

IBC 503.1.2  Comm 61.30, Comm 61.31: Where a group of small buildings utilizes the single building exception of IBC 503.1.2 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes? (June 30, 2008)

IBC 503.3   Is the area of an occupied roof counted as part of the building area, in determining the maximum building area permitted by IBC chapter 5? (June 30, 2008)

IBC 506.2.2  What are the required characteristics for a fire lane that provides access to an open space along the side of a building, in order to include that side's perimeter when calculating a building-area increase for frontage? (June 30, 2008)

IBC 506.3   Can an automatic fire sprinkler system that complies with NFPA 13R be used to obtain the building-area increase for sprinklering that is permitted by IBC chapter 5? (June 30, 2008)

IBC Table 508.2 and 508.2.2  Does IBC Table 508.2 require the creation of a furnace room for a furnace that has an input greater than 400,000 Btu per hour, or the creation of a boiler room for a boiler over 15 psi and 10 horsepower? (June 30, 2008)

IBC 508.3.3 and 503.1  Specific to the construction of a new multi-story building that is to have multiple uses, how do the separated use provisions prescribed in IBC s. 508.3.3 interact with the story above grade plane limitations of Table 503? (June 30, 2008)

IBC 705.8   Where two buildings of different lengths are separated by a fire wall, can the length of the fire wall be extended to include the exterior wall of the larger building, such that I can exceed the 25 percent limitation on the length of openings located in the portion of the wall that is common with the smaller building? (June 30, 2008).

IBC 706  Can structural elements pass through the various rated fire-resistive rated wall assemblies (i.e. fire walls, fire barriers, fire partitions, etc.) that are required for other than class of construction purposes? (June 30, 2008 )

IBC 706.3.8   Are the two references to section 508.3.2, the section on nonseparated occupancies, from the text of IBC section 706.3.8, the section on separating mixed occupancies, a typo?  (June 3, 2008)

IBC 716.6.2.1 and IMC 607.6.2.1  Does the language “within the cavity of a wall”, under the exceptions of sections IBC 716.6.2.1 and IMC 607.6.2.1 regarding ceiling dampers, preclude some or all of the exhaust duct system from being located within the cavity of a floor/ceiling assembly or roof/ceiling assembly?  (July 15, 2008)

IBC 907.2, NFPA 72 4.4.5   Does the requirement that fire alarm control units be protected mean that I must protect all annunciator panels if they include a reset function? (June 30, 2008)

IBC 907.9.1.4   Does the requirement that all dwelling units be “provided with the capability to support visible notification appliances” mean that I must install the wiring and boxes for a future installation? (June 30, 2008)

IBC 907.9.2  Do the minimum sound pressures listed [7O dBA for R & I-1; 90 dBA for mechanical room; and 60 dBA for all others] in this code section supersede the requirement that calls for the sound pressures to be 15 decibels (dBA) above the average ambient sound level or 5 dBA above the maximum sound pressure level of a lengthy duration?  (June 30, 2008)

IBC 1002.1 Which passageways are corridors, that consequently must meet the requirements for corridors? (June 30, 2008)

IBC 1006.1, 1006.3 and 2702.2.4:  Is the use of occupancy sensors permitted as a way of complying with IBC section 1006.1 and assuring the means of egress is illuminated when the space served is occupied? (June 20, 2008)

IBC 1007.2.1   To determine whether an accessible floor is 4 or more stories above or below a level of exit discharge, do I start counting with the story that is at a level of exit discharge? (June 30, 2008)

IBC 1014.2  Are there circumstances other than as specifically listed in the second provision of IBC section 1014.2, where egress is permitted through a room that contains either a storage area or a restaurant-kitchen area?  (July 23, 2008)

IBC 1025.10  When the code requires accessway width to be measured with the folding tablet arms down, does that mean the arm is in the use-position or the stored-position?  (June 30, 2006)

IBC 1101(2), ICC/ANSI A117.1 section 608.2.1  When providing a shower that is not inside of a Type B dwelling unit, can the shower be larger than 36” wide by 36” deep inside finished dimension and still be considered a Transfer-Type shower compartment?  (June 30, 2008)

IBC 1104, IEBC 605, and IEBC 1005  Are there any situations where a platform lift complying with Chapter Comm 18 may be used as a portion of the accessible route for an addition to an existing building, so as to comply with the requirement that an accessible route be provided to areas that affect accessibility to or include an area of primary function? (July 30, 2008)

IBC 1104.1, 1104.2 and 1104.4:  Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area of exception 1 specified in IBC 1104.4 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way? (June 30, 2008)

IBC 1104.2, 1104.4 and 1104.1:  Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area of exception 1 specified in IBC 1104.4 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way? (June 30, 2008)

IBC 1104.4, 1104.1 and 1104.2:  Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area of exception 1 specified in IBC 1104.4 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way? (June 30, 2008)

IBC 1104.4  In multilevel buildings, which floor levels must be accessible to persons with disabilities? (June 30, 2008)

IBC 1107.7.2 and Comm 62.1101(1)(a)  Do the operable control requirements found in Comm 62.1101(1)(a) overrule the general exception spelled out in IBC 1107.7.2 and require the controls on the upper levels of multistory units to be located at the heights required of Type B units? (June 30, 2008)

IBC 1109 (3) and IBC 1103(2)(c) : Do the employee sinks that are typically provided in medical clinic examination rooms have to be accessible?  (June 30, 2008)

IBC 1205.1 and 1205.3  Are parking garages required to be provided with the natural or artificial light that is required of all spaces intended for human occupancy?   (June 30, 2008)

IBC 1210.2 Is gypsum board allowed as the wall surface within 2 feet of urinals and water closets? (June 30, 2008)

IBC 1502.1, 1508.1, 1505.1, 2603.4.1.5, and Chapter 35  Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?  (July 31, 2008)

IBC 1505.1, 2603.4.1.5, 1508.1, 1502.1, and Chapter 35  Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?  (July 31, 2008)

IBC 1508.1, 2603.4.1.5, 1505.1, 1502.1, and Chapter 35  Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?  (July 31, 2008)

IBC 1613.1 When do sprinkler systems have to be provided with seismic bracing? (June 30, 2008)

IBC 1613.1  When does an elevator have to be installed in accordance with the seismic provision of IBC 1613.1 / ASCE 7 section 13.6.10?  (June 30, 2008)

IBC 2603.4.1.5, 1508.1, 1505.1, 1502.1, and Chapter 35  Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?  (July 31, 2008)

IBC 2902.1 Table 2902.1, 2902.4, and 202  Are toilet rooms required for buildings or structures that are not designed to be normally occupied? (June 30, 2008)

IBC 2902.1, Table 2902.1, 2902.4, and 2902.6, Comm 62.1210 62.2900, and 62.2902(6)  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (June 30, 2008)

IBC 2902.2 - Exception 2, Comm 66.0910, and IEBC 910 If in a commercial building that predates Comm 60 to 66 there is an alteration or use change to a space having a single toilet room, can the single toilet room still be permitted if the total occupant load it is serving exceeds the 15 person limit as specified in the second exception of IBC section 2902.2?  (September 4, 2008)

IBC 2902.4, 2902.1, Table 2902.1, and 202  Are toilet rooms required for buildings or structures that are not designed to be normally occupied?  (June 30, 2008)

IBC 2902.4, 2902.1, Table 2902.1, and 2902.6, Comm 62.1210, 62.2900, and 62.2902(6)  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (June 30, 2008)

IBC 2902.6, 2902.1, Table 2902.1, 2902.4, Comm 62.1210 62.2900, and 62.2902(6)  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? (June 30, 2008)

IBC 3002.4 Where the WCBC requires that an elevator be available to provide fire department emergency access to a building, is it allowable to use an elevator car that is of a size that will accommodate an ambulance stretcher of the length and width specified in IBC section 3002.4, but  with rounded corners instead of square corners? (October 14, 2008)

IECC 502.4.6  Which doors are considered entrance doors that necessitate the use of a vestibule?  (April 18, 2008)

IEBC 605, IEBC 1005, and IBC 1104  Are there any situations where a platform lift complying with Chapter Comm 18 may be used as a portion of the accessible route for an addition to an existing building, so as to comply with the requirement that an accessible route be provided to areas that affect accessibility to or include an area of primary function? (July 30, 2008)

IEBC 902.1  For a change of use of a tenant space within a mall, must the tenant space be separated from any other tenant spaces by a fire partition having a fire-resistive rating complying with IBC Section 708? (June 30, 2008)

IEBC 910, Comm 66.0910 and IBC 2902.2 - Exception 2  If in a commercial building that predates Comm 60 to 66 there is an alteration or use change to a space having a single toilet room, can the single toilet room still be permitted if the total occupant load it is serving exceeds the 15 person limit as specified in the second exception of IBC section 2902.2?

IEBC 1005, IEBC 605, and IBC 1104   Are there any situations where a platform lift complying with Chapter Comm 18 may be used as a portion of the accessible route for an addition to an existing building, so as to comply with the requirement that an accessible route be provided to areas that affect accessibility to or include an area of primary function? (July 30, 2008)

IMC 502.14  Is it necessary to provide a mechanical source capture system in accordance with section IMC 502.13 if the vehicle tailpipe exhausts are extended to the exterior of a building by non mechanical means? (June 30, 2008)

IMC 507.2  When is a Type I or Type II kitchen exhaust hood required for a "commercial cooking appliance” or commercial dishwashing appliance? (June 30, 2008)

IMC 607.6.2.1and IBC 716.6.2.1   Does the language “within the cavity of a wall”, under the exceptions of sections IBC 716.6.2.1 and IMC 607.6.2.1 regarding ceiling dampers, preclude some or all of the exhaust duct system from being located within the cavity of a floor/ceiling assembly or roof/ceiling assembly?  (July 15, 2008)

NFPA 72 4.4.5, IBC 907.2   Does the requirement that fire alarm control units be protected mean that I must protect all annunciator panels if they include a reset function?  (June 30, 2008)


Questions and Answers

  Comm 61.02  What are some residential configurations that illustrate where the scope of the Uniform Dwelling Code stops and the Commercial Building Code applies instead, or vice versa? (July 15, 2008)
Answer:
a. For 3 or more attached dwelling units, the CBC applies. Attached means some code-required construction (other than footings and their bearing material) is shared by the units.

Where 3 or more unattached dwelling units are each built with outside walls that comply with the UDC, the UDC applies throughout and the CBC does not apply, even if those outside walls are adjacent to or adjoin each other. If a non-code-required covering is added over the top of two such adjoining walls, the UDC would still apply.

Whether the dwelling units are owned by one party or are owned separately or are on separate lots does not affect which of the two codes applies.

In a building containing one commercial occupancy and one dwelling unit (the dwelling unit may be transient or nontransient) that is separated from the commercial occupancy by a fire wall, the CBC applies only to the commercial occupancy.  Separating the two occupancies with a fire wall eliminates any effects of the dwelling unit on the commercial occupancy, and allows the dwelling unit to have unlimited area and height.

b. Where a building containing one commercial occupancy and one dwelling unit (the dwelling unit may be transient or nontransient) that is not separated from the commercial occupancy by a fire wall, two scenarios exist.

In one scenario where an occupancy separation is not provided, the effect of the dwelling unit on the commercial occupancy must be considered. For example, fuel-fired equipment and garages may need to be separated from the commercial occupancy in accordance with the CBC requirements for the commercial occupancy. And, the enclosing walls of the dwelling unit will be considered in determining the class of construction of the building for purposes of meeting the height and area limitations applicable to the commercial occupancy.

In the other scenario where an R-3 occupancy separation is provided, various trade-offs are allowed for the commercial occupancy.

c. For a public or private family daycare serving up to eight children in a dwelling unit of a one or two family dwelling, the UDC applies throughout.  Each family is permitted to operate separate family child care centers serving up to eight children and remain within the scope of the UDC throughout.
   
d. For a vacation home that is rented to a large, single group of guests, the UDC applies.

e. For one dwelling unit used for transient lodging, or two connected dwelling units used for transient lodging, the UDC applies. (July 15, 2008) 

Comm 61.02  Which aircraft hangers are outside the scope of the Commercial Building Code?
Answer: An aircraft hanger which is not a public building or place of employment is outside the scope of the Wisconsin Commercial Building Code.    

Just as with other detached outbuildings that are used in conjunction with a one- or two-family dwelling, an aircraft hanger which is detached from a one- or two-family dwelling and which is not used as a public building or place of employment is outside the scope of the CBC.

However, if a hanger that is attached to a one- or two-family dwelling is used as a public building or place of employment - such as for a commercial commuter or leisure airline service, or for commercial repair or service of aircraft - the hanger is then within the scope of the CBC.  The only exception to that provision would be if the one- or two-family dwelling is located on a farm premises and the aircraft is used only for the operation of that farm.  Under this farm operation exception the attached hanger would not be subject to the CBC provisions.

Aircraft hangers that are used as public buildings or places of employment, except those which are exempt under Comm 61.02 (such as those which are on farms and which are then used exclusively for farming) are within the scope of the CBC. (July 15, 2008)

Comm 61.30 , Comm 61.31, IBC 503.1.2 Where a group of small buildings utilizes the single building exception of IBC 503.1.2 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes?
Answer: No. The buildings remain separate buildings for the submittal and the signing and sealing requirements in Chapter Comm 61. The provision under IBC 503.1.2 allows those multiple buildings to be designed and constructed as if one building for those subjects that affect the height and area restrictions of the code. (June 30, 2008)

Comm 61.31, Comm 61.30, IBC 503.1.2  Where a group of small buildings utilizes the single building exception of IBC 503.1.2 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes?
Answer: No. The buildings remain separate buildings for the submittal and the signing and sealing requirements in Chapter Comm 61. The provision under IBC 503.1.2 allows those multiple buildings to be designed and constructed as if one building for those subjects that affect the height and area restrictions of the code. (June 30, 2008)

Table 62.0903 In a building containing mixed uses or mixed occupancies in addition to R-2 dwelling units, what does or does not constitute a "common-use area?"
Answer: Table 62.0903 establishes thresholds for automatic fire sprinkler systems in a multifamily dwelling based on two floor areas; the area within individual dwelling units and; the nondwelling unit portion areas of the building.  The nondwelling unit portions are parenthetically described as being "common use areas." This reference to "common use areas" comes from section 101.14 (4m) (a) 4., Stats., which reads as follows: "'Nondwelling unit portions' means the common use areas of a multifamily dwelling, including corridors, stairways, basements, cellars, vestibules, atrium, community rooms, laundry rooms or swimming pool rooms." These areas are intended and available for use only by the residents and their guests.

In a building containing multifamily dwelling units and these common use areas in combination with other occupancies that are available to the general public or employees, such as mercantile or retail establishments and any associated accessory-use areas, the areas of those other occupancies are not counted as part of the "common use area," in determining whether the fire protection thresholds in Table 62.0903 are exceeded. However, those other occupancies are subject to any applicable fire protection thresholds elsewhere in IBC Chapter 9 or in IBC Chapters 4 or 5. (June 30, 2008)


  Comm 62.0903(6)(b) How does Comm 62.0903(6)(b) affect the height and area limits of IBC Chapter 5 for buildings falling in the R-2 occupancy grouping?
Answer: Comm 62.0903(6)(b) will only apply to those buildings that fit the statutory definition of a multifamily dwelling. The Wisconsin modification does not override the height and area parameters in IBC chapter 5 any differently than IBC 903.2.8 affects chapter 5. In other words, the most restrictive of the requirements in IBC chapter 5 and Comm 62.0903(6)(b) apply, just as with any other occupancy included within IBC section 903. (June 30, 2008)

  Comm 62.1101(1)(a) and IBC 1107.7.2  Do the operable control requirements found in Comm 62.1101(1)(a) overrule the general exception spelled out in IBC 1107.7.2 and require the controls on the upper levels of multistory units to be located at the heights required of Type B units?
Answer: No.  The two provisions actually work together.  The Wisconsin provision in Comm 62.1101(1)(a) that requires the circuit controls to follow Sections 309.2 & 309.3 of the ICC/ANSI A117.1 standard is not in conflict with the general exception for "multistory units" found in IBC 1107.7.2. That exception effectively excuses the multistory units, typically townhouses, from all the "Type B" requirements.  
In summary, because the multistory exception in Comm 62.1107 waives all "Type B" requirements, the operable control requirements of Comm 62.1101(1)(a) are not applicable.  (June 30, 2008)


  Comm 62.1210, 62.2900, and 62.2902(6), IBC 2902.1, Table 2902.1, and 2902.6
  In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? 

Answer:  No.  Most buildings and spaces provide their services during their business hours or hours of operation and there is no requirement that the toilet rooms remain available to the public when the business is closed for the day.  Not so obvious are those buildings or structures that provide some walk-in or drive-in services that are available 24/7 even though the rest of the building or space, including the toilets within, is closed to the public. The best example of this would be the service stations that include a convenience store that has toilet rooms that are open during the normal operating hours of the convenience store, but not at all times the gas pumps are available for use. (June 30, 2008)

  Comm 62.2900, 62.1210, and 62.2902(6), IBC 2902.1, Table 2902.1, and 2902.6   In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? 
Answer:  No.  Most buildings and spaces provide their services during their business hours or hours of operation and there is no requirement that the toilet rooms remain available to the public when the business is closed for the day.  Not so obvious are those buildings or structures that provide some walk-in or drive-in services that are available 24/7 even though the rest of the building or space, including the toilets within, is closed to the public. The best example of this would be the service stations that include a convenience store that has toilet rooms that are open during the normal operating hours of the convenience store, but not at all times the gas pumps are available for use. (June 30, 2008)

  Comm 62.2902(6), 62.2900, and 62.1210, IBC 2902.1, Table 2902.1, and 2902.6   In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use?
Answer:  No.  Most buildings and spaces provide their services during their business hours or hours of operation and there is no requirement that the toilet rooms remain available to the public when the business is closed for the day.  Not so obvious are those buildings or structures that provide some walk-in or drive-in services that are available 24/7 even though the rest of the building or space, including the toilets within, is closed to the public. The best example of this would be the service stations that include a convenience store that has toilet rooms that are open during the normal operating hours of the convenience store, but not at all times the gas pumps are available for use. (June 30, 2008)

  Comm 66.0910, IBC 2902.2 - Exception 2, and IEBC 910  If in a commercial building that predates Comm 60 to 66 there is an alteration or use change to a space having a single toilet room, can the single toilet room still be permitted if the total occupant load it is serving exceeds the 15 person limit as specified in the second exception of IBC section 2902.2?
Answer: Yes, some existing toilet rooms are allowed to use the 25 person limit previously assigned the single toilet room. 

Since July 2002 the Wisconsin Commercial Building Code (WCBC) permits a single toilet room to serve spaces with a maximum employee load of 15 where the maximum total load (employees and customers) does not exceed 15 persons. In some ways this is more restrictive than in the past, but in other ways it is less restrictive. The current requirement is not retroactive, and the Division recognizes the validity of previous approvals.

When within a facility built under the pre-July 2002 edition of the WCBC, the Division will continue to recognize the capacity for which the single toilet room was originally designed, provided the use of the space served by the toilet room does not change, or changes only to another use that was permitted to utilize that exception. In previous commercial building codes, a single fixture toilet room was permitted in lieu of separate a toilet room for each sex, when serving a limited number of people within a limited number of uses. 

The following is a list of those limited uses:
- Adult Day Care
- Factory
- Repair Garage
- Business
- Mercantile
- Small Assembly Spaces like Ice Cream Parlors or Coffee Shops
- Service Garage
- Child Day Care
- Occupied Storage Garage
- Warehousing/Storage 

The people limitation referenced in the earlier versions of the WCBC was a 25-person total capacity. 
In summary, when uses change between those listed above, or when people loads change  slightly due to alterations or subtle use changes, the listed uses are not required to add a second toilet room, provided the total number of occupants does not exceed 25 persons and the building was constructed prior to July 1, 2002. An alteration to the single toilet room likewise does not trigger a requirement to add a second toilet room. (September 4, 2008)

  IBC Chapter 35, IBC 2603.4.1.5, 1508.1, and 1502.1 Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?

Answer: Yes. The purpose of the thermal barrier is to prevent the foam plastic from becoming involved in the early stages of a fire within the building below.  The Class 1 fire classification indicates that the assembly will not self-propagate if exposed to a localized fire exposure from the underside of the deck. That determination is based on Factory Mutual’s construction materials calorimeter test, the test that is included as a part of both FM 4450 and FM 4470.  If the roof assembly fails that part of the test, the roof assembly cannot be fire classified as Class 1. (July 31, 2008)

  IBC 202  Is an occupied roof a story?
Answer: No. A roof, whether occupied or not, is not included in the definition of story in IBC 202. (June 30, 2008)

  IBC 202, 2902.1, Table 2902.1, and 2902.4  Are toilet rooms required for buildings or structures that are not designed to be normally occupied?
Answer: No. Many buildings and structures are not designed as an “occupiable space” and accordingly need not include toilet rooms within them or adjacent to them. Included are buildings like mini-storage buildings, parking garages, storage garages, or aircraft hangers. Some additional examples include those buildings or structures that provide a drive-in service like self-serve car washes or a walk-in service like ATM kiosks. (June 30, 2008)

  IBC 303.1  For the requirements under IBC Chapters 3, 5, and 9, are conference, break, or training rooms that are exclusively for the employees in a nonassembly-occupancy building considered to be a separate, distinct A occupancy?

Answer: No. In addition to the allowance for accessory-use areas under IBC 508.3, for the purposes of IBC Chapters 3, 5, and 9, these rooms are considered to be accessory-use areas for the occupancy they serve. (June 30, 2008)

  IBC 402 and IEBC 902.1  For a change of use of a tenant space within a mall, must the tenant space be separated from any other tenant spaces by a fire partition having a fire-resistive rating complying with IBC 708?
Answer: The requirement for separation of tenant spaces by fire partitions complying with IBC 708 applies only if the mall is a "covered mall building" designed to comply with IBC 402. Consequently, if the mall, or if a portion of the mall that is separated by fire walls into a "separate building," complies with IBC 402 and the designer chooses to use the covered mall option, fire partitions are required.

Otherwise, separation between tenant spaces may or may not be required, based on nonseparated-use or separated-use options that may be selected, and the corresponding code requirements. (June 30, 2008)

IBC 412.2.1  Do the setback requirements in IBC 412.2.1 for exterior walls of aircraft hangers apply either to an "imaginary line" between two buildings on the same property - as that line is referred to in the definition for fire separation distance in IBC 702 - or to an "assumed" property line between two buildings on the same property, as that line is referred to in IBC 704.3?
Answer: No. (June 30, 2008)

IBC 503.1 and 508.3.3  Specific to the construction of a new multi-story building that is to have multiple uses, how do the separated use provisions prescribed in IBC 508.3.3 interact with the story above grade plane limitations of Table 503?
Answer: This is an instance where the intent of the code is to allow the limitation for the building to be based on what might be viewed as a less restrictive provision for the various uses located within the building.  The uses that have a more restrictive limit are in compliance by being restricted to the fire area that corresponds to the story above grade plane in the building that matches up with the limitation in Table 503.  For example an un-sprinkled building of Type VB construction that is of a 2-story above grade plane configuration and 9000 SF per floor can be designed to include mixed uses of Mercantile (M) and Business (B) within.  To comply, a horizontal fire barrier of 2HR fire-resistance rating must be provided between the first and second stories above grade plane and the M uses must be limited to locations on the first story above grade plane, or below, as specified in Table 503.1.  The same methodology can be used for other mixes of use and classes of construction.  (June 30, 2008)

IBC 503.1.2 , Comm 61.30, Comm 61.31: Where a group of small buildings utilizes the single building exception of IBC 503.1.3 for height and area limitation purposes, must all the buildings be considered as one for submittal or signing and sealing purposes?
Answer: No. The buildings remain separate buildings for the submittal and the signing and sealing requirements in Chapter Comm 61. The provision under IBC 503.1.2 allows those multiple buildings to be designed and constructed as if one building for those subjects that affect the height and area restrictions of the code. (June 30, 2008)

IBC 503.3  Is the area of an occupied roof counted as part of the building area, in determining the maximum building area permitted by IBC chapter 5?
Answer: No. The area calculations in IBC chapter 5 only include areas within stories, and a roof is not a story. However, the number of occupants for a roof must be included in establishing compliance with the means-of-egress requirements for the building - and an occupied roof may trigger a requirement to provide fire sprinklers for the building, under IBC chapter 9. (June 30, 2008)

IBC 506.2.2  What are the required characteristics for a fire lane that provides access to an open space along the side of a building, in order to include that side's perimeter when calculating a building-area increase for frontage?
Answer: IBC Section 506.2.2 simply states that the open space "must be accessed from a street or approved fire lane." By definition in section Comm 62.0202 (2) (a), "approved" means acceptable to the Department, and the Department will accept any proposed fire lane that is acceptable to the local fire department as meeting the requirements of IBC 506.2.2. Consequently, the “fire lane” called for in IBC 506.2.2 is not necessarily required to comply with the fire access road requirements found in Comm 14.
Note: For marginal circumstances, where uncertainties may arise during plan review as to whether the fire lane is acceptable, a plan submitter may want to reduce the potential for an associated delay during the review by including the local fire department's acceptance with the submitted plans. (June 30, 2008)

  IBC 506.3  Can an automatic fire sprinkler system that complies with NFPA 13R be used to obtain the building-area increase for sprinklering that is permitted by IBC chapter 5?
Answer: No. Only an NFPA 13 automatic sprinkler system can be used to obtain a building-area increase for sprinklering. (June 30, 2008)

  IBC Table 508.2 and 508.2.2  Does IBC Table 508.2 require the creation of a furnace room for a furnace that has an input greater than 400,000 Btu per hour, or the creation of a boiler room for a boiler over 15 psi and 10 horsepower?
Answer: IBC Table 508.2 does not require the creation of a furnace room for a furnace of this capacity, but if a furnace room is provided for such a furnace, the room must either have a fire-separation rating of 1 hour or be protected by an automatic fire-extinguishing system. The same relationship exists for boiler rooms and boilers. If a boiler room is provided for boilers over 15 psi and 10 horsepower the room must either have a fire-separation rating of 1 hour or be protected by an automatic fire-extinguishing system. However, a manufacturer's listing for a specific furnace or boiler may include additional enclosure requirements.
See IMC section 202 for definitions of furnace room and boiler room. (June 30, 2008)

  IBC 508.3.3 and 503.1  Specific to the construction of a new multi-story building that is to have multiple uses, how do the separated use provisions prescribed in IBC s. 508.3.3 interact with the story above grade plane limitations of Table 503?
Answer: This is an instance where the intent of the code is to allow the limitation for the building to be based on what might be viewed as a less restrictive provision for the various uses located within the building.  The uses that have a more restrictive limit are in compliance by being restricted to the fire area that corresponds to the story above grade plane in the building that matches up with the limitation in Table 503.  For example an un-sprinkled building of Type VB construction that is of a 2-story above grade plane configuration and 9000 SF per floor can be designed to include mixed uses of Mercantile (M) and Business (B) within.  To comply, a horizontal fire barrier of 2HR fire-resistance rating must be provided between the first and second stories above grade plane and the M uses must be limited to locations on the first story above grade plane, or below, as specified in Table 503.1.  The same methodology can be used for other mixes of use and classes of construction.  (June 30, 2008)

  IBC 705.8  Where two buildings of different lengths are separated by a fire wall, can the length of the fire wall be extended to include the exterior wall of the larger building, such that I can exceed the 25 percent limitation on the length of openings located in the portion of the wall that is common with the smaller building?
Answer:  No.  The percentage of openings in the fire wall between the buildings is limited to the length of the common wall, plus the length of extensions that are required.  Although we will allow the length used to determine the allowable openings permitted by IBC section 705.8 to include the length of required extensions, we will not allow larger extensions beyond those specified within IBC section 705.5. (June 30, 2008).

  IBC 706 Can structural elements pass through the various rated fire-resistive rated wall assemblies (i.e. fire walls, fire barriers, fire partitions, etc.) that are required for other than class of construction purposes?
Answer: In short, NO for fire walls, and YES for all the other vertical assemblies. The only separation that prohibits other structural members from passing through/over or "penetrating" the separation is a fire wall [see IBC 705]. The restrictions relative to that thought are outlined in IBC 705.2. The performance language requires the wall to have sufficient stability to allow the collapse of the construction on either side without a collapse of the fire wall. That same performance language does not exist for exterior walls [IBC 704], fire barriers [IBC 706], shaft enclosures [BC 707], fire partitions [IBC 708 ], smoke barriers [IBC 709], or smoke partition [IBC 710]. (June 30, 2008)

  IBC 706.3.8 - Are the two references to section 508.3.2, the section on nonseparated occupancies, from the text of IBC section 706.3.8, the section on separating mixed occupancies, a typo?
Answer: Yes.  The correct reference is to IBC section 508.3.3, the section that speaks to separated occupancies.  That typo is only one of the corrections captured by the errata that can be downloaded from the ICC website.  The following address can be used to take you to the errata available for all of the I-Codes we adopt and modify or reference from within the WCBC.  http://www.iccsafe.org/cs/codes/errata/2006/index.html (June 3, 2008)

  IBC 716.6.2.1 and IMC 607.6.2.1>  Does the language “within the cavity of a wall”, under the exceptions of sections IBC 716.6.2.1 and IMC 607.6.2.1 regarding ceiling dampers, preclude some or all of the exhaust duct system from being located within the cavity of a floor/ceiling assembly or roof/ceiling assembly?
Answer: No. The exceptions under IBC 716.6.2.1 and IMC 607.6.2.1 indicate that “Ceiling radiation dampers are not required where exhaust duct penetrations are protected in accordance with IBC section 712.4.1.2, are located within the cavity of a wall, and do not pass through another dwelling unit or tenant space."

In this context, the exhaust system and some or all of the associated ductwork are often located within the ceiling cavity. The reference to a “wall cavity” emphasizes the condition that the duct system for the exhaust system may not pass through the space of another dwelling or tenant.  Ductwork within the cavities of horizontal and vertical assemblies separating dwelling units or tenant spaces are not considered to be “passing through” the space of another dwelling or tenant.  (July 15, 2008)

  IBC 903.2.9.1  When applying the fire sprinkler threshold requirements of IBC Section 903.2.9.1, what are the commercial trucks or buses referred to there?
Answer: Fire apparatus are not to be considered commercial trucks. The following is a listing of the types of commercial trucks or buses being referred to in IBC 903.2.9.1:
-Semitrailer Tractors
-Trucks having a gross vehicle weight over 26,000 pounds
-Passenger vans or buses with a seating capacity of 16 or more. (June 30, 2008)


IBC 907.2, NFPA 72 s. 4.4.5   Does the requirement that fire alarm control units be protected mean that I must protect all annunciator panels if they include a reset function?  

Answer: No.  Although NFPA 72 requires the protection of a fire alarm control unit, we will not apply that requirement to an annunciator panel, even when the system can be reset from that panel.  It has been determined that the best way to differentiate is to use the UL listing for the unit.  

 If the component is UL listed as a fire alarm control unit, then a smoke detector is required above it.  If the component is UL listed as an annunciator panel (even if the system can be reset from it), then a smoke detector will not be required above it.  It also helps to understand that a UL-listed annunciator panel (even if it includes a reset function) is a component that can be removed from the system and the system will still maintain its integrity.  If the wires to the annunciator panel become disabled, a trouble signal is sent to the main fire alarm control unit that is protected.  (June 30, 2008)

IBC 907.9.1.4  Does the requirement that all dwelling units be “provided with the capability to support visible notification appliances” mean that I must install the wiring and boxes for a future installation?
Answer: No.  Although pre-wiring of the dwelling for the future installation of a visible alarm notification appliance is one way of satisfying this performance language, it is not the only solution.  The code official can allow other methodologies proposed by the designer.  It is assumed the owner is in agreement with the alternative methodology being proposed by the designer.  (June 30, 2008)

  IBC 907.9.2  Do the minimum sound pressures listed [7O dBA for R & I-1; 90 dBA for mechanical room; and 60 dBA for all others] in this code section supersede the requirement that calls for the sound pressures to be 15 decibels (dBA) above the average ambient sound level or 5 dBA above the maximum sound pressure level of a lengthy duration?
Answer: This is a code provision that provides performance language that does not align well with a "yes" or "no" answer.  In essence, the minimum sound pressures listed govern until such time as the average sound plus 15 dBA, or the maximum sound plus 5 dBA, exceeds those minimums.  In essence, it is the higher sound pressure that governs and that determines which holds precedence. (June 30, 2008)

  IBC 1002.1 Which passageways are corridors, that consequently must meet the requirements for corridors?
Answer: IBC 1002.1 defines a corridor as an enclosed exit access component that defines and provides a path of egress to an exit. 

A convenience path that does not lead to a required exit is not a corridor, regardless of the manner of construction. 

A corridor - by definition - has full-height walls on both sides, and occupants in a corridor need special protection because the walls (1) cause a sensory isolation from the adjacent spaces of the building and (2) limit the egress paths within the corridor. Even those full-height walls with glazed panels create the defined and enclosed path that is a corridor.

There may be short sections of full-height walls in otherwise open egress paths, such as vestibules, that do not create corridors. (June 30, 2008) 

  IBC 1006.1, 1006.3 and 2702.2.4:  Is the use of occupancy sensors permitted as a way of complying with IBC section 1006.1 and assuring the means of egress is illuminated when the space served is occupied?

Answer: Yes, the use of automatic controls, like occupancy sensors, is an acceptable way of conserving energy while also assuring the lights will be on during normal use of the spaces.  When employing such automatic controls, their use must be incorporated into the design such that they will be overridden by the emergency power system upon loss of normal power.  In essence, the switch controllers must be equipped for fail-safe operation. (June 20, 2008)

  IBC 1006.3, 1006.1, and 2702.2.4: Is the use of occupancy sensors permitted as a way of complying with IBC section 1006.1 and assuring the means of egress is illuminated when the space served is occupied?
Answer: Yes, the use of automatic controls, like occupancy sensors, is an acceptable way of conserving energy while also assuring the lights will be on during normal use of the spaces.  When employing such automatic controls, their use must be incorporated into the design such that they will be overridden by the emergency power system upon loss of normal power.  In essence, the switch controllers must be equipped for fail-safe operation. (June 20, 2008)

IBC 1007.2.1  To determine whether an accessible floor is 4 or more stories above or below a level of exit discharge, do I start counting with the story that is at a level of exit discharge? 
Answer: No. To count the stories above, start by finding the highest level of exit discharge.  Next find the floor of the story that is above that and you have identified the first story above.  From that point you just add.  For the stories below, first find the lowest level of exit discharge.  Next find the floor of the story that is below that level and you have identified the first story below.  From that point you just add stories.  (June 30, 2008)

  IBC 1014.2  Are there circumstances other than as specifically listed in the second provision of IBC section 1014.2, where egress is permitted through a room that contains either a storage area or a restaurant-kitchen area?
Answer: Yes. The room must (1) be accessory to the area served; (2) include a discernible path of egress travel to an exit; and (3) in the case of a restaurant-kitchen area, include that path outside of the kitchen's work area. For example, a clearly defined path through a large storage room serving a print shop can be part of a path of egress travel, but a small storage room which has a high potential to become crowded and obstructive, or which has locking hardware to prevent egress, should not be included in the path. (July 23, 2008)

  IBC 1025.10  When the code requires aisle accessway width to be measured with the folding tablet arms down, does that mean the arm is in the use-position or the stored-position?
Answer:  The intent is for the width to be measured in the condition that the seat is likely to be left in when an emergency occurs.  That will differ depending on the seating manufacturer.  If the tablet arm is designed in such a manner that an individual can easily leave their seat without the tablet arm automatically moving to the stored position, that is the condition that the minimum width is designed for.  On the other hand, the clear width is measured with the tablet arm in the stored position where the tablet arm returns to the stored position when the tablet arm is raised in one motion and automatically moves to the stored position, rather than moving or falling back to the use position.  (June 30, 2008)

  IBC 1101(2), ICC/ANSI A117.1 section 608.2.1   When providing a shower that is not inside of a Type B dwelling unit, can the shower be larger than 36” wide by 36” deep inside finished dimension and still be considered a Transfer-Type shower compartment?
Answer: A shower that is not located within a Type B dwelling unit is subject to more stringent criteria than a shower within a Type B dwelling unit because of the intended flexibility of the fair housing laws.  Accordingly, to be recognized as a Transfer-Type shower compartment, the shower must meet all of the provisions specified in section 608.2.1 of the ICC/ANSI standard.  The compact size specified provides a configuration that when coupled with all the other requirements associated with such things as grab bars, seat and shower controls, is routinely recognized and accepted as being usable.  A larger compartment can be recognized as a Transfer-type provided the controls, grab bars and seat are situated and configured such that it provides the same characteristics as would exist in the specified shower compartment.  Important characteristics are the seat back and seat location that must be situated to provide support for the person that has transferred to the seat while also meeting the reach provisions associated with the grab bars and shower controls.  Due to the complexity associated with such designs, when a larger shower compartment is being proposed as a Transfer-Type shower compartment, the design must be approved by the code official and documented as such.  If not approved as a Transfer-Type shower compartment, the larger compartment is considered a Roll-In-Type shower compartment and subject to the requirements of ICC/ANSI A117.1 section 608.2.2 or section 608.2.3.  (July 30, 2008)

  IBC 1104, IEBC 1005, and IEBC 605  Are there any situations where a platform lift complying with Chapter Comm 18 may be used as a portion of the accessible route for an addition to an existing building, so as to comply with the requirement that an accessible route be provided to areas that affect accessibility to or include an area of primary function?

Answer: Vertical transportation can be provided by means of a platform lift, when the main reason for the addition and the platform lift is to provide an accessible route to existing portions of the building that would otherwise remain inaccessible to people with disabilities.  The platform lift may be included in the new construction provided the cost of including the installation of a minimally compliant elevator as a part of the accessible route exceeds 20 percent of the cost of the remodeling, including both the alteration work and the addition.  A platform lift is also permitted as a part of the accessible route in all of the limited conditions outlined in IBC 1109.7. (July 30,2008)

  IBC 1104.1, 1104.2 and 1104.4:  Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area of exception 1 specified in IBC 1104.4 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way?
Answer: The basic premise of accessibility is that facilities in and of themselves are not to provide a point of discrimination.  In essence, what is available to the able-bodied is to be available to people with disabilities.  Based on that premise, it is acceptable to allow the use of the exception in limited instances.  There is an expectation that there is a geographical feature that does not lend itself to an interconnected common pedestrian way.

The best example would be a rectangular 2-story building that has 5 tenant spaces within each story.  The building is situated such that the long side of the building is constructed perpendicular to the slope on a steeply sloped site.  There is no circulation path between stories.  A vehicular way (public road or parking lot) fronts each story, but the 5 tenant spaces on each story are served by a separate pedestrian way.  In a condition such as that, the building itself creates no barrier to people with disabilities that does not also exist for the able-bodied, hence satisfying the intent of the exception.  In that example, it would also be appropriate for mezzanines on the lower story to be aggregated separately from those on the upper story in satisfaction of the exception.  (June 30, 2008)

  IBC 1104.2, 1104.4 and 1104.1  Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area of exception 1 specified in IBC 1104.4 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way?  (See answer just above, IBC 1104.1.)

  IBC 1104.4, 1104.1 and 1104.42  Regarding accessibility to people with disabilities, am I allowed to use the aggregate floor area of exception 1 specified in IBC 1104.4 for a strip-type shopping center that has more than 5 mercantile spaces, but has no more than 5 spaces which are interconnected via a common pedestrian way? (See answer just above, IBC 1104.1.)

IBC 1104.4  In multilevel buildings, which floor levels must be accessible to persons with disabilities?
Answer: An accessible route is required to floor levels within all stories and mezzanines unless meeting an exception in IBC 1104.4 or elsewhere in IBC 1100 to IBC 1110. Raised or depressed areas of a story must be provided with an accessible route. (June 30, 2008)

  IBC 1107.7.2 and Comm 62.1102(1)(a)  Do the operable control requirements found in Comm 62.1101(1)(a) overrule the general exception spelled out in IBC 1107.7.2 and require the controls on the upper levels of multistory units to be located at the heights required of Type B units?
Answer: No.  The two provisions actually work together.  The Wisconsin provision in Comm 62.1101(1)(a) that requires the circuit controls to follow Sections 309.2 & 309.3 of the ICC/ANSI A117.1 standard is not in conflict with the general exception for "multistory units" found in IBC 1107.7.2. That exception effectively excuses the multistory units, typically townhouses, from all the "Type B" requirements.  
In summary, because the multistory exception in Comm 62.1107 waives all "Type B" requirements, the operable control requirements of Comm 62.1101(1)(a) are not applicable.  (June 30, 2008)

  IBC 1109(3) and IBC 1103(2)(c): Do the employee sinks that are typically provided in medical clinic examination rooms have to be accessible?
Answer: No. Even though all of the exam rooms must be accessible, the sinks in those rooms are considered employee workstations covered by the general exception found under Comm 62.1103 (2) (c).  (June 30, 2008)

  IBC 1205.1 and 1205.3   Are parking garages required to be provided with the natural or artificial light that is required of all spaces intended for human occupancy? 
Answer:  No.  The department does not consider a parking garage to be the type of space that requires the natural or artificial lighting being called for by this section of the code. (June 30, 2008)

  IBC 1210.2 Is gypsum board allowed as the wall surface within 2 feet of urinals and water closets?
Answer: Yes, provided the surface is finished to be smooth, hard, and nonabsorbent - and remains so. (June 30, 2008)

  IBC 1502.1, 1508.1, 1505.1, 2603.4.1.5, and Chapter 35  Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?
Answer: Yes. The purpose of the thermal barrier is to prevent the foam plastic from becoming involved in the early stages of a fire within the building below.  The Class 1 fire classification indicates that the assembly will not self-propagate if exposed to a localized fire exposure from the underside of the deck. That determination is based on Factory Mutual’s construction materials calorimeter test, the test that is included as a part of both FM 4450 and FM 4470.  If the roof assembly fails that part of the test, the roof assembly cannot be fire classified as Class 1. (July 31, 2008)


  IBC 1508.1, 1502.1, 2603.4.1.5, and Chapter 35  Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?
Answer: Yes. The purpose of the thermal barrier is to prevent the foam plastic from becoming involved in the early stages of a fire within the building below.  The Class 1 fire classification indicates that the assembly will not self-propagate if exposed to a localized fire exposure from the underside of the deck. That determination is based on Factory Mutual’s construction materials calorimeter test, the test that is included as a part of both FM 4450 and FM 4470.  If the roof assembly fails that part of the test, the roof assembly cannot be fire classified as Class 1. (July 31, 2008)

  IBC 1613.1  When do sprinkler systems have to be provided with seismic bracing?
Answer: Sprinkler systems in buildings of seismic design category C, D, E or F must be provided with seismic bracing. The bracing must conform to the design parameters in Section 13.6.8 of ASCE 7. Seismic bracing is not required for sprinkler systems in buildings of seismic design category A or B. (June 30, 2008)

  IBC 1613.1   When does an elevator have to be installed in accordance with the seismic provision of IBC 1613.1 / ASCE 7 section 13.6.10?
Answer: The elevator must meet the seismic provisions when located within any building of seismic design category D, E or F.  In addition, an elevator that is a required accessible means of egress within a building of seismic design category C must meet that requirement. (June 30, 2008)

  IBC 2603.4.1.5, 1502.1, 1508.1, and Chapter 35 Can foam plastic insulation be used as one of the components within a roof assembly without the thermal barrier referenced in IBC section 2603.4.1.5 if the roof assembly has been tested and listed as FM Class 1, even if the testing was to FM 4470 instead of FM 4450?
Answer: Yes. The purpose of the thermal barrier is to prevent the foam plastic from becoming involved in the early stages of a fire within the building below.  The Class 1 fire classification indicates that the assembly will not self-propagate if exposed to a localized fire exposure from the underside of the deck. That determination is based on Factory Mutual’s construction materials calorimeter test, the test that is included as a part of both FM 4450 and FM 4470.  If the roof assembly fails that part of the test, the roof assembly cannot be fire classified as Class 1. (July 31, 2008)

  IBC 2702.2.4, 1006.1, and 1006.3: Is the use of occupancy sensors permitted as a way of complying with IBC section 1006.1 and assuring the means of egress is illuminated when the space served is occupied?
Answer: Yes, the use of automatic controls, like occupancy sensors, is an acceptable way of conserving energy while also assuring the lights will be on during normal use of the spaces.  When employing such automatic controls, their use must be incorporated into the design such that they will be overridden by the emergency power system upon loss of normal power.  In essence, the switch controllers must be equipped for fail-safe operation. (June 20, 2008)

  IBC 2902.1, Table 2902.1, 2902.4, and 202  Are toilet rooms required for buildings or structures that are not designed to be normally occupied?
Answer: No. Many buildings and structures are not designed as an “occupiable space” and accordingly need not include toilet rooms within them or adjacent to them. Included are buildings like mini-storage buildings, parking garages, storage garages, or aircraft hangers. Some additional examples include those buildings or structures that provide a drive-in service like self-serve car washes or a walk-in service like ATM kiosks. (June 30, 2008)

  IBC 2902.2 - Exception 2, IEBC 910, and Comm 66.0910  If in a commercial building that predates Comm 60 to 66 there is an alteration or use change to a space having a single toilet room, can the single toilet room still be permitted if the total occupant load it is serving exceeds the 15 person limit as specified in the second exception of IBC section 2902.2?
Answer: Yes, some existing toilet rooms are allowed to use the 25 person limit previously assigned the single toilet room. 

Since July 2002 the Wisconsin Commercial Building Code (WCBC) permits a single toilet room to serve spaces with a maximum employee load of 15 where the maximum total load (employees and customers) does not exceed 15 persons. In some ways this is more restrictive than in the past, but in other ways it is less restrictive. The current requirement is not retroactive, and the Division recognizes the validity of previous approvals.

When within a facility built under the pre-July 2002 edition of the WCBC, the Division will continue to recognize the capacity for which the single toilet room was originally designed, provided the use of the space served by the toilet room does not change, or changes only to another use that was permitted to utilize that exception. In previous commercial building codes, a single fixture toilet room was permitted in lieu of separate a toilet room for each sex, when serving a limited number of people within a limited number of uses. 

The following is a list of those limited uses:
- Adult Day Care
- Factory
- Repair Garage
- Business
- Mercantile
- Small Assembly Spaces like Ice Cream Parlors or Coffee Shops
- Service Garage
- Child Day Care
- Occupied Storage Garage
- Warehousing/Storage 

The people limitation referenced in the earlier versions of the WCBC was a 25-person total capacity. 
In summary, when uses change between those listed above, or when people loads change  slightly due to alterations or subtle use changes, the listed uses are not required to add a second toilet room, provided the total number of occupants does not exceed 25 persons and the building was constructed prior to July 1, 2002. An alteration to the single toilet room likewise does not trigger a requirement to add a second toilet room. (September 4, 2008)

  IBC 2902.4, 2902.1, Table 2902.1, and IBC 202  Are toilet rooms required for buildings or structures that are not designed to be normally occupied?

Answer: No. Many buildings and structures are not designed as an “occupiable space” and accordingly need not include toilet rooms within them or adjacent to them. Included are buildings like mini-storage buildings, parking garages, storage garages, or aircraft hangers. Some additional examples include those buildings or structures that provide a drive-in service like self-serve car washes or a walk-in service like ATM kiosks. (June 30, 2008)

  IBC 2902.6, 2902.1, and Table 2902.1, Comm 62.2900, 62.1210, and 62.2902(6),    In buildings or spaces that are required to be provided toilet facilities, must the toilet rooms be available to the public when the building or space is not open for use? 
Answer:  No.  Most buildings and spaces provide their services during their business hours or hours of operation and there is no requirement that the toilet rooms remain available to the public when the business is closed for the day.  Not so obvious are those buildings or structures that provide some walk-in or drive-in services that are available 24/7 even though the rest of the building or space, including the toilets within, is closed to the public. The best example of this would be the service stations that include a convenience store that has toilet rooms that are open during the normal operating hours of the convenience store, but not at all times the gas pumps are available for use. (June 30, 2008)

  IBC 3002.4,  Where the Wisconsin Commercial Building Code requires that an elevator be available to provide fire department emergency access to a building, is it allowable to use an elevator car that is of a size that will accommodate an ambulance stretcher of the length and width specified in IBC section 3002.4, but  with rounded corners instead of square corners?
Answer: Yes.  S&B understands there are few if any ambulance stretchers manufactured with other than rounded or chamfered corners.  It is permissible to use an elevator car design that is based on an ambulance stretcher that is 24-inches wide by 84-inches long with corners that have up to a 5-inch radius.

Although it is unlikely that square cornered stretchers of that length and width are in use, when an elevator car as described above is being utilized, the owner or designer of the building is responsible for making the local emergency medical services aware that such an elevator car is being used so they will have the opportunity to make the necessary adjustments in order to serve that building. (October 14, 2008)

  IECC 502.4.6  Which doors are considered entrance doors that necessitate the use of a vestibule?
Answer:  The department will apply the provisions requiring the inclusion of a vestibule to a doorway, set of doors or other forms of portal that are ordinarily used to gain access or egress to the building or space by the public or employees.  This excludes doors that are not used for access and are typically only for emergency or limited use.

Examples under this exclusion include emergency exit doors and doors discharging from an exit stairway.  There may be situations where more than one entrance/exit or a building or space would be required to include a vestibule.  Examples of multiple main entrances/exits would be a shopping mall, a strip shopping mall or “big box” store.

Note, this clarification does not preempt any of the vestibule exceptions under IECC 502.4.6. (April 18, 2008)

  IEBC 605, IEBC 1005, and IBC 1104  Are there any situations where a platform lift complying with Chapter Comm 18 may be used as a portion of the accessible route for an addition to an existing building, so as to comply with the requirement that an accessible route be provided to areas that affect accessibility to or include an area of primary function?
Answer: Vertical transportation can be provided by means of a platform lift, when the main reason for the addition and the platform lift is to provide an accessible route to existing portions of the building that would otherwise remain inaccessible to people with disabilities.  The platform lift may be included in the new construction provided the cost of including the installation of a minimally compliant elevator as a part of the accessible route exceeds 20 percent of the cost of the remodeling, including both the alteration work and the addition.  A platform lift is also permitted as a part of the accessible route in all of the limited conditions outlined in IBC 1109.7. (July 30,2008)

  IEBC 902.1 and IBC 402  For a change of use of a tenant space within a mall, must the tenant space be separated from any other tenant spaces by a fire partition having a fire-resistive rating complying with IBC 708?
Answer: The requirement for separation of tenant spaces by fire partitions complying with IBC 708 applies only if the mall is a "covered mall building" designed to comply with IBC 402. Consequently, if the mall, or if a portion of the mall that is separated by fire walls into a "separate building," complies with IBC 402 and the designer chooses to use the covered mall option, fire partitions are required.

Otherwise, separation between tenant spaces may or may not be required, based on nonseparated-use or separated-use options that may be selected, and the corresponding code requirements. (June 30, 2008)

  IEBC 910, Comm 66.0910 and IBC 2902.2 - Exception 2  If in a commercial building that predates Comm 60 to 66 there is an alteration or use change to a space having a single toilet room, can the single toilet room still be permitted if the total occupant load it is serving exceeds the 15 person limit as specified in the second exception of IBC section 2902.2?
Answer: Yes, some existing toilet rooms are allowed to use the 25 person limit previously assigned the single toilet room. 

Since July 2002 the Wisconsin Commercial Building Code (WCBC) permits a single toilet room to serve spaces with a maximum employee load of 15 where the maximum total load (employees and customers) does not exceed 15 persons. In some ways this is more restrictive than in the past, but in other ways it is less restrictive. The current requirement is not retroactive, and the Division recognizes the validity of previous approvals.

When within a facility built under the pre-July 2002 edition of the WCBC, the Division will continue to recognize the capacity for which the single toilet room was originally designed, provided the use of the space served by the toilet room does not change, or changes only to another use that was permitted to utilize that exception. In previous commercial building codes, a single fixture toilet room was permitted in lieu of separate a toilet room for each sex, when serving a limited number of people within a limited number of uses. 

The following is a list of those limited uses:
- Adult Day Care
- Factory
- Repair Garage
- Business
- Mercantile
- Small Assembly Spaces like Ice Cream Parlors or Coffee Shops
- Service Garage
- Child Day Care
- Occupied Storage Garage
- Warehousing/Storage 

The people limitation referenced in the earlier versions of the WCBC was a 25-person total capacity. 
In summary, when uses change between those listed above, or when people loads change  slightly due to alterations or subtle use changes, the listed uses are not required to add a second toilet room, provided the total number of occupants does not exceed 25 persons and the building was constructed prior to July 1, 2002. An alteration to the single toilet room likewise does not trigger a requirement to add a second toilet room. (September 4, 2008)

  IEBC 1005, IEBC 605, and IBC 1104  Are there any situations where a platform lift complying with Chapter Comm 18 may be used as a portion of the accessible route for an addition to an existing building, so as to comply with the requirement that an accessible route be provided to areas that affect accessibility to or include an area of primary function?
Answer: Vertical transportation can be provided by means of a platform lift, when the main reason for the addition and the platform lift is to provide an accessible route to existing portions of the building that would otherwise remain inaccessible to people with disabilities.  The platform lift may be included in the new construction provided the cost of including the installation of a minimally compliant elevator as a part of the accessible route exceeds 20 percent of the cost of the remodeling, including both the alteration work and the addition.  A platform lift is also permitted as a part of the accessible route in all of the limited conditions outlined in IBC 1109.7. (July 30,2008)

  IMC 502.14  Is it necessary to provide a mechanical source capture system in accordance with section IMC 502.13 if the vehicle tailpipe exhausts are extended to the exterior of a building by non mechanical means?
Answer  No; the practice of temporarily attaching extensions and conveying exhaust contaminants out from the occupied space and to the exterior is an acceptable solution. IMC sections 401.6 and 502.1 provide flexibility in dealing with contaminants from stationary sources such as operating engines of motor vehicles. The language under these provisions recognizes the ability to collect, and/or treat, or convey to the exterior contaminants generated from stationary sources rather than employing a mechanical source capture system under IMC 502.14. Hoses or tubes used to extend vehicle tailpipes are to be of suitable material to be in contact with hot tailpipes and vehicle emissions, and their layout, including the size and length, needs to be effective in conveying the contaminants to the exterior.  (June 30, 2008)

  IMC 507.2  When is a Type I or Type II kitchen exhaust hood required for a "commercial cooking appliance” or commercial dishwashing appliance?
Answer: The definition of commercial cooking appliance under IMC Section 202 and the kitchen exhaust hood provisions under IMC 507.2 do not provide specific demarcations to answer this question for every situation and circumstance. Whether a cooking appliance is a commercial cooking appliance depends upon several variables and factors, including the nature of use, the frequency of use, the type of appliance, and even the type of food involved. 

IMC 202 broadly defines a commercial cooking appliance as appliances that produce "grease [laden] vapors, steam, fumes, smoke, or odors that are required to be removed" from a commercial “food service establishment." A food service establishment is even more broadly defined as including any building or portion thereof used for the preparation and serving of food. 

A dwelling unit, or either a dorm room or hotel sleeping room with a stove, oven, microwave, coffee maker, or toaster does not constitute a food service establishment. In addition, either an employee break room or a hotel/motel breakfast bar with microwaves, coffee makers, and toasters does not constitute the type of food service establishment that would warrant a full blown kitchen ventilation system.  None of these facilities are primarily in the business of preparing the types or quantities of food normally associated with a commercial kitchen and accordingly, neither a Type I nor a Type II exhaust hood is required for these facilities.

However, this still leaves a wide variety of occasions, situations, and operations in "commercial buildings" where food is prepared and sold, such as restaurants, taverns, cafeterias serving hospitals or dormitories, concession stands serving high school gymnasiums, and domestic kitchen facilities in church basements and convenience stores. In some instances, food-preparation appliances are brought in temporarily, adjunct to another activity. A popcorn wagon or completely enclosed popcorn machine provided for a high school basketball game is an example. This type of appliance and the frequency of its use under these circumstances would not constitute a "commercial cooking appliance”. Many convenience stores offer, besides coffee, a hot dog or a slice of pizza. Warming trays, ovens, or containers (e.g. crock pots) for such items as hot dogs or pre-cooked bratwursts, and enclosed single-pizza ovens at convenience stores are not pre-determined to be "commercial cooking appliance." If the appliance is not a "commercial cooking appliance," a Type I or II hood under IMC 507 is not required.

"Commercial cooking appliances”, such as those used in cafeterias, restaurants, dormitory kitchens, school kitchens, institutional kitchens, and banquet facility kitchens, that produce grease-laden vapors must be provided with a Type I hood. These appliances include deep fryers, griddles, tilting skillets or woks, braising and frying pans, charbroilers, salamander and upright broilers, infrared broilers, stoves and ranges, and barbecue equipment. Also, the type of food being prepared is a factor in whether grease-laden vapors are produced with the appliance. Commercial cooking appliances which are used in such facilities and which produce copious amounts of steam and considerable smoke, or fumes, but not grease-laden vapors or copious amounts of smoke, must be provided with at least a Type II hood. These include steamers, completely enclosed ovens, and warming ovens.
Also, under IMC 917.1, a Type I or II hood may be necessary for a permanent cooking appliance in order to fulfill the listing requirements or instructions from the manufacturer of the appliance. (June 30, 2008)

  IMC 607.6.2.1 and IBC 716.6.2.1  Does the language “within the cavity of a wall”, under the exceptions of sections IBC 716.6.2.1 and IMC 607.6.2.1 regarding ceiling dampers, preclude some or all of the exhaust duct system from being located within the cavity of a floor/ceiling assembly or roof/ceiling assembly?
Answer: No. The exceptions under IBC 716.6.2.1 and IMC 607.6.2.1 indicate that “Ceiling radiation dampers are not required where exhaust duct penetrations are protected in accordance with IBC section 712.4.1.2, are located within the cavity of a wall, and do not pass through another dwelling unit or tenant space."

In this context, the exhaust system and some or all of the associated ductwork are often located within the ceiling cavity. The reference to a “wall cavity” emphasizes the condition that the duct system for the exhaust system may not pass through the space of another dwelling or tenant.  Ductwork within the cavities of horizontal and vertical assemblies separating dwelling units or tenant spaces are not considered to be “passing through” the space of another dwelling or tenant.  (July 15, 2008)

NFPA 72 4.4.5,IBC 907.2   Does the requirement that fire alarm control units be protected mean that I must protect all annunciator panels if they include a reset function?  
Answer: No.  Although NFPA 72 requires the protection of a fire alarm control unit, we will not apply that requirement to an annunciator panel, even when the system can be reset from that panel.  To help understand why one is protected while one is not, it helps to recognize the difference.  The NFPA definition of fire alarm control unit is "A system component that receives inputs from automatic and manual fire alarm devices and might supply power to detection devices and to a transponder or off-premises transmitter”.  The definition of annunciator is "A unit containing one or more indicator lamps, alphanumeric displays, or other equivalent means in which each indication provides status information about a circuit, condition, or location”.  Because some fire alarm control units may also include annunciating capabilities, we look elsewhere to delineate.  It has been determined that the best way to differentiate is to use the UL listing for the unit.    If the component is UL listed as a fire alarm control unit, then a smoke detector is required above it.  If the component is UL listed as an annunciator panel (even if the system can be reset from it), then a smoke detector will not be required above it.  It also helps to understand that a UL-listed annunciator panel (even if it includes a reset function) is a component that can be removed from the system and the system will still maintain its integrity.  If the wires to the annunciator panel become disabled, a trouble signal is sent to the main fire alarm control unit that is protected.  (June 30, 2008)


  Purchase codes. 
You can purchase paper copies of the Wisconsin Administrative Codes from state Document Sales, 608-266-3358, or, for credit card purchases, 800-362-7253.

Electronic copies of Wisconsin Commercial Building Codes are available on the Revisor of Statutes' web site, http://www.legis.state.wi.us/rsb/code/comm/comm061.html.

Model codes: The International Code Council model codes and code commentary can be purchased from the following organizations (Note that Wisconsin has adopted the 2000 editions of the ICC Codes): Building Officials and Code Administrators International, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5695, "To Order BOCA Products Only Telephone: 1-800-214-4321, ext. 371", www.bocai.org; International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA, 90601-2298, 562-699-0541, www.icbo.org; and Southern Building Code Congress, Inc., 900 Montclair Road, Birmingham, AL, 35213-1206, 205-591-1853, www.sbcci.org.
NFPA publications can be purchased from the National Fire Protection Association www.nfpa.org., 1 Batterymarch Park, Quincy, MA 02269-9101, 617-770-3000.

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