[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.]
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.
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 issue citations. The Fire Inspector or any other official authorized pursuant to Chapter 29 of this Code may also issue citations for violations of this section. Any person who violates this section shall, upon conviction of such violation, be subject to a penalty, which shall follow § 1-4 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense.
[Amended 1-12-2022]
(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.
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.
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]
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.
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 and any hydrant to which a fire hose
may be, or may be about to be, attached.
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.
(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.
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:
(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.
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:
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Ch. SPS 307, Explosives and Fireworks
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Ch. SPS 310, Flammable, Combustible and Hazardous Liquids
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Ch. SPS 314, Fire Prevention
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Ch. SPS 316, Electrical
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Chs. SPS 320 to 325, Uniform Dwelling Code
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Ch. SPS 328, Smoke Detectors and Carbon Monoxide Detectors
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Ch. SPS 330, Fire Department Safety and Health
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Ch. SPS 343, Anhydrous Ammonia
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Chs. SPS 361 to 366, Wisconsin Commercial Building Code
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Chs. SPS 375 to 379, Buildings Constructed Prior to 1914
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Wisconsin Electrical Code
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