Fiscal Note
No appropriation is required.
Title
Repealing and re-enacting Section 34.01(13)(a) and (b) of the Madison General Ordinances to re-enact fire code standards that had been in effect in March, 2012.
Body
DRAFTER'S ANALYSIS: On April 17, 2014, the State of Wisconsin enacted 2013 Wisconsin Act 270 which amended Wisconsin Statutes ch. 101 in order to create state wide standards for construction and maintenance of public buildings. The law has the additional impact of regulating fire detection, prevention, and suppression components of buildings. The State provides an exception permitting municipalities to regulate fire detection, prevention, or suppression components of buildings if the law was enacted before May 1, 2013.
In March of 2012, the City of Madison amended Secs. 34.01(13)(a) and (b), MGO, to adopt the 2009 edition of the International Fire Code (IFC). In June of 2013, the ordinance was again amended by ORD-13-00102 to adopt the 2012 version of the IFC. The IFC standards regulate fire detection, prevention, and suppression components of buildings. Although the ordinance was valid when created, as a result of Act 270, Secs. 34.01(13)(a) and (b) would not be enforceable due to the enactment date.
The act of amending an ordinance has the effect of repealing the former language and re-enacting any language that appeared in both the old and new version. Goodno v. City of Oshkosh, 31 Wis. 127, 129-130 (1872). Furthermore, the Wisconsin Supreme Court has stated, “[W]hen a repealing statute re-enacts a provision of an old statute in substantially the same words, no change in the old law is thereby effected, but the original law is deemed to continue in force from its first enactment.” Van Dyke v. Tax Commission, 217 Wis. 528, 539 (1935).
This ordinance is intended to repeal ORD-13-00102 and re-enact portions of the ordinance which have existed since March 29, 2012 and are contained in ORD-12-00035. In accordance with Van Dyke, the re-e...
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