Village of Baldwin, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Secs. 5-2-2 to 5-2-10 and 5-3-1 of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire department — See Ch. 74.
Building construction — See Ch. 235.
Hazardous materials — See Ch. 326.

§ 304-1 Impeding fire equipment prohibited.

No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Joint Fire Protection District (JFPD) along the streets or alleys of such Village at the time of a fire or when the Fire Department of the Village is using such streets or alleys in response to a fire alarm or for practice.

§ 304-2 Police power of Fire Department; fire inspections.

A. 
Police authority at fires.
(1) 
The Chief and assistants or officers in command at any fire are hereby vested with full and complete police authority at fires. Any officer of the Department may cause the arrest of any person failing to give the right-of-way to the Fire Department in responding to a fire.
(2) 
The Fire Chief may prescribe certain limits in the vicinity of any fire within which no persons, excepting fire fighters and police officers and those admitted by order of any officer of the Department, shall be permitted to come.
(3) 
The Chief shall have the power to cause the removal of any property whenever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect the adjoining property, and during the progress of any fire he/she shall have the power to cause the removal of all wires or other facilities and the turning off of all electricity or other services where the same impedes the work of the Department during the progress of a fire.
B. 
Fire inspection duties.
(1) 
The Fire Chief, or the Chief's designee, shall be the Fire Inspector of the Village of Baldwin and shall have the power to appoint one or more Deputy Fire Inspectors and shall perform all duties required of the Fire Inspectors by the laws of the state and rules of the Department of Safety and Professional Services, particularly § 101.14, Wis. Stats.
(2) 
While acting as Fire Inspector pursuant to § 101.14(2), Wis. Stats., the Fire Chief, or any officer of the Fire Department designated by the Fire Chief, shall have the right and authority to enter any building or upon any premises in the Village of Baldwin at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code, he/she may deem necessary. Should the Fire Inspector find that any provisions of this Code relating to fire hazards and prevention of fires are being violated, or that a fire hazard exists which should be eliminated, it shall be his/her duty to give such directions for the abatement of such conditions as he/she shall deem necessary and, if such directions are not complied with, to report such noncompliance to the Village Board for further action.
(3) 
The Chief of the Fire Department is required, by himself/herself or by officers or members of the Fire Department designated by him/her as fire inspectors, to inspect all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of any law or ordinance relating to the fire hazard or to the prevention of fires. Such inspections shall be made at least once in six months in all of the territory served by the Fire Department, and not less than once in three months in such territory as the Village Board has designated or thereafter designates as within the Village or as a congested district subject to conflagration, and oftener as the Chief of the Fire Department orders. Each six-month period shall begin on January 1 and July 1.
(4) 
Written reports of inspections shall be made and kept on file in the office of the Chief of the Fire Department in the manner and form required by the Department of Safety and Professional Services. A copy of such reports shall be filed with the Fire Chief.
C. 
Fire Inspectors' Handbook. The Fire Inspectors' Handbook, Department of Safety and Professional Services, is hereby adopted and made part of this Code of Ordinances by reference.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 304-3 Damaging fire hose prohibited; parking by hydrants; blocking fire lanes.

A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Baldwin Fire Department, 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 law enforcement officer.

§ 304-4 Firefighters may enter adjacent property.

A. 
Entering adjacent property. It shall be lawful for any firefighter while acting under the direction of the Fire Chief or any other officer in command to enter upon the premises adjacent to or in the vicinity of a building or other property then on fire for the purpose of extinguishing such fire and in case any person shall hinder, resist or obstruct any firefighter in the discharge of his/her duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firefighters in the discharge of their duty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Destruction of property to prevent the spread of fire. During the progress of any fire, the Fire Chief or his/her assistant shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire, provided that it is inevitable that, unless such property is removed, other property is in danger of being destroyed by fire.

§ 304-5 Duty of bystanders to assist.

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.

§ 304-6 Vehicles to yield right-of-way.

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.

§ 304-7 Interference with use of hydrants prohibited.

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 and any hydrant to which a fire hose may be, or may be about to be, attached.

§ 304-8 Open burning.

A. 
Prohibitions; exceptions. No person shall build or burn any bonfire or burn in the open any wood, grass, trash, rubbish or other material or permit the same to be done within the Village upon any street, court or alley or upon any premises, unless such burning activity is within the following exceptions:
(1) 
Fires set for practice and instruction of fire fighters.
(2) 
Interior fireplaces or wood-burning stoves.
(3) 
Charcoal or gas grills used for noncommercial outdoor cooking.
(4) 
Wood-burning portable outdoor fireplaces that are fully screened and covered or portable fire pits surrounded by metal, brick or stone, covered or uncovered.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Wood or other nonexplosive fuel may be burned for noncommercial outdoor cooking purposes, not nearer than 15 feet to any building, structure, or lot line, and only in a container made of metal, concrete or brick and designed for such purposes. Any such fire shall not exceed an area at its base of two feet by two feet and any flame shall not be higher than two feet above the base of the fire.
(6) 
Special Village events involving outdoor cooking devices or bonfires as recommended by the Fire Chief and approved by the Village Board.
B. 
Conditions on approvals. In issuing any such approval, the Fire Chief and/or the Village Board may attach any conditions or restrictions for such open burning deemed prudent or necessary to ensure the safety of the public.
C. 
Fires to be monitored. Any open burning shall be constantly attended by a competent individual at least 16 years of age. No open fire shall be left burning or smoldering unattended. Adequate materials for extinguishing any open fire shall be readily available to the individual attending to the fire.
D. 
Specific outdoor burning prohibited. The use of outdoor portable incinerators, drums, barrels or any containers for the burning of leaves, trash, garbage, or refuse is hereby prohibited.

§ 304-9 Restrictions during conditions of extreme fire danger.

A. 
Declaration of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Village of Baldwin. This extreme danger of fire affects the health, safety, and general welfare of the residents of the Village of Baldwin 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 Village of Baldwin during said emergency.
B. 
Regulation of fires, burning materials and fireworks. When a burning state of emergency is declared, it may be ordered that a person may not:
(1) 
Set, build, or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves in Village parks placed at least 20 feet away from any combustible vegetation.
(2) 
Throw, discard or drop matches, cigarettes, cigars, ashes, charcoal briquettes 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 Village where adequate fire prevention measures have been taken.
C. 
Period of emergency.
(1) 
The period of emergency for which this section shall be in effect shall be during such periods that St. Croix County, Wisconsin, is under Wisconsin Department of Natural Resources emergency fire regulations banning outdoor smoking and campfires, or when necessary as determined by the Village President, upon the recommendation of the Fire Chief.
(2) 
Burning emergencies shall become effective upon the time and date of the Village President 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 Village Board.

§ 304-10 Adoption of state codes.

The following orders, rules and regulations of the Wisconsin Department of Safety and Professional Services, 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 chapter:
Ch. SPS 307, Explosives and Fireworks
Ch. SPS 310, Flammable, Combustible and Hazardous Liquids
Ch. SPS 314, Fire Prevention
Ch. SPS 316, Electrical
Chs. SPS 320 to 325, Uniform Dwelling Code
Ch. SPS 328, Smoke Detectors and Carbon Monoxide Detectors
Ch. SPS 330, Fire Department Safety and Health
Ch. SPS 343, Anhydrous Ammonia
Chs. SPS 361 to 366, Wisconsin Commercial Building Code
Chs. SPS 375 to 379, Buildings Constructed Prior to 1914
Wisconsin Electrical Code