Am I grandfathered in for fire suppression requirements for my griddle?

Full question:

i own a tavern in wi for 23 years during a fire inspection i was told i need a fire suppression device for a griddle ive had for 23 years am i grandfathered in or not

  • Category: Zoning
  • Date:
  • State: Wisconsin

Answer:

The answer depends on whether a grandfather clause was part of the legislation when the relevant code was adopted. To find out, contact your local building department to review the specific code cited in your violation.

Sometimes, you can apply for a special use permit or variance. A variance allows you to operate your business in a way that would otherwise be prohibited by local ordinances. In Wisconsin, you can petition for a variance under Comm 20.19.

To apply for a variance, you must submit a petition to the municipality that has jurisdiction. If no municipality is involved, submit it to the department. Your application should include:

  • A clear statement of the specific code provisions from which you're requesting a variance and how you meet those provisions.
  • A fee as required by the municipality.

The municipality will review your application and send a recommendation to the department within ten business days. The department will then decide on your petition within a specified timeframe, based on who administers the code.

If you disagree with the department's decision, you may appeal it according to the procedures outlined in s. 101.02 (6) (e) to (i) and (8), Stats.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A grandfather clause allows existing businesses to continue operating under previous regulations instead of new ones. If your griddle was installed before new fire suppression requirements were enacted, you might qualify for this exemption. However, you need to check if such a clause exists in the fire code applicable to your area.