[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992
(§§ 5-3-1, 5-2-2, 5-2-4 and 5-2-6 through 5-2-10 of the 1992
Code of Ordinances). Amendments noted where applicable.]
A.
State codes. The following orders, rules and regulations
of the Department of Commerce, all of which are set forth in the Wisconsin
Administrative Code as from time to amended, are incorporated herein by reference
and adopted as part of this Fire Prevention Chapter:
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Ch. Comm 32, Public Employee Safety and Health
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Ch. Comm 7, Explosive Materials
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Ch. Comm 10, Flammable and Combustible Liquids
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Ch. Comm 40, Gas Systems
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Ch. Comm 14, Fire Prevention
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Ch. Comm 43, Anhydrous Ammonia
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Chs. Comm 61 to 65, Wisconsin Commercial Building Code
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B.
Fire Prevention Code adopted.
(1)
American Insurance Association Code adopted. The Fire
Prevention Code recommended by the American Insurance Association (formerly
the National Board of Fire Underwriters), 1976 edition, except such portions
as are hereinafter deleted, modified or amended, is hereby adopted and incorporated
as fully as if set out at length herein.
(2)
Enforcement. The Fire Prevention Code shall be enforced
by the Chief of the Fire Department and such personnel as he may designate
for such purpose.
(4)
Modifications. The Chief of the Fire Department may grant
a variance to the provisions of the Fire Prevention Code upon application
in writing by the owner or lessee, or his duly authorized agent, when there
are practical difficulties in carrying out the strict letter of the Code,
provided the spirit of the Code shall be observed, public safety secured and
substantial justice done. The particulars of such modification when granted
or allowed and the decision of the Chief of the Fire Department thereon shall
be entered upon the records of the Department and a signed copy shall be furnished
the applicant. A copy of each order or modification by the Fire Chief shall
be filed with the City Clerk.
(5)
Appeals. Whenever the Chief of the Fire Department shall
disapprove an application or refuse to grant a permit applied for, or when
it is claimed that the provisions of the Code do not apply or that the true
intent and meaning of the Code has been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Chief of the Fire Department
to the Zoning Board of Appeals within 30 days from the date of the decision
of the appeal.
No person shall impede the progress of a fire engine, fire truck or
other fire apparatus of the Bayfield Volunteer Fire Department along the streets
or alleys of such City at the time of a fire or when the Fire Department of
the City is using such streets or alleys in response to a fire alarm or for
practice.
A.
Driving over fire hose. No person shall willfully injure
in any manner any hose, hydrant or fire apparatus belonging to a Fire Department
serving the City, and no vehicle shall be driven over any unprotected hose
of the Fire Department when laid down on any street, private driveway or other
place, to be used at any fire or alarm of fire, without the consent of the
Fire Department official in command.
B.
Parking vehicles near hydrants. It shall be unlawful
for any person to park any vehicle or leave any object within 10 feet of any
fire hydrant at any time.
C.
No parking near fire. It shall be unlawful for any person,
in case of fire, to drive or park any vehicle within one block from the place
of fire without the consent and authority of the Fire Chief or any police
officer.
Every person who shall be present at a fire shall be subject to the
orders of the Fire Chief or officer in command and may be required to render
assistance in fighting the fire or in removing or guarding property. Such
officer shall have the power to cause the arrest of any person or persons
refusing to obey said orders.
Whenever there shall be a fire or fire alarm or the Fire Department
shall be out for practice, every person driving or riding in a motorized or
other vehicle shall move and remain to the side of the street until the fire
engine and fire truck and other fire apparatus shall have passed.
No person shall occupy any portion of such streets or alleys with a
motorized or other vehicle between such fire engine or fire truck or other
fire apparatus or any hydrant to which a fire hose may be, or may be about
to be, attached.
A.
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the City of Bayfield excepting as set forth in Subsection B of this section.
B.
C.
Chief may prohibit. The Fire Chief is permitted to prohibit
any or all fires when atmospheric conditions or local circumstances make such
fires hazardous. If possible, notice of designation of a fire danger emergency
period shall be made by publication of an appropriate notice in the official
newspaper, to be effective forthwith.
D.
Liability. Persons utilizing and maintaining outdoor
fires shall be responsible for any liability resulting from damage caused
by his fire.
A.
Declarations of emergency. When there occurs a lack of
precipitation, there may exist an extreme danger of fire within the City of
Bayfield. This extreme danger of fire affects the health, safety, and general
welfare of the residents of the City of Bayfield and constitutes a state of
emergency. It is hereby found that the regulation of fires, burning materials,
and fireworks is necessary and expedient for the health, safety, welfare and
good order of the City during said emergency.
B.
Regulation of fires, burning materials and fireworks.
Pursuant to § 166.23, Wis. Stats., and when a burning state of emergency
is declared, it may be ordered that a person may not:
(2)
Throw, discard, or drop matches, cigarettes, cigars,
ashes, charcoal briquets or other burning materials while outdoors except
into a noncombustible container that does not contain combustible materials.
(3)
Light or ignite a flare, except upon a roadway in an
emergency.
(4)
Light, ignite or use anything manufactured, processed,
or packaged solely for the purpose of exploding, emitting sparks or combustion
for amusement purposes, including fireworks, firecrackers, bottle rockets,
caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains
that emit sparks and smoke, except in displays authorized by the City where
adequate fire prevention measures have been taken.
C.
Period of emergency.
(1)
The periods of emergency for which this section shall
be in effect shall be during such periods that Bayfield County, Wisconsin,
is under Wisconsin Department of Natural Resources emergency fire regulations
banning outdoor smoking and campfires.
(2)
Pursuant to § 166.23, Wis. Stats., burning
emergencies shall become effective upon the time and date of the Mayor declaring
a state of emergency and shall remain in effect until the period of emergency
ceases to exist or until the ratification, alteration, modification, or repeal
of the burning state of emergency by the Common Council.
