City of West Allis, WI
Milwaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

5.01 Organization of Fire Department.

(1) 
Officers and Personnel. The Fire Department of the City shall consist of a Chief and such subordinates as are authorized by the Board of Police and Fire Commissioners.
(2) 
Under Jurisdiction of Commissioners. The members of the Fire Department shall be under the jurisdiction of the Board of Police and Fire Commissioners and shall perform the duties prescribed and be subject to all the rules and regulations which may be promulgated by the Board.
(3) 
Three Platoon System. The personnel of the Fire Department shall be divided into three platoons in the manner as determined by the Board of Police and Fire Commissioners, pursuant to sec. 62.13(11a) of the Wisconsin Statutes.

5.02 Board of Police and Fire Commissioners.

(1) 
Organization and Duties. See Section 2.22 of this Code.

5.03 Fire Chief.

(1) 
Appointment and Term. See Section 2.20 of this Code.
(2) 
Duties. The Chief of the Fire Department shall have command and supervision over all the members, apparatus and operations of the Fire Department, subject to the rules and regulations which may be prescribed by the Board of Police and Fire Commissioners and by the Common Council. He shall keep all appliances belonging to the City and used for the purpose of the Fire Department in good repair and ready for immediate and efficient service.
(3) 
To Appoint Subordinates. The Chief shall appoint subordinates subject to the approval of the Board of Police and Fire Commissioners. Such appointments shall be made by promotion, when this can be done with advantage, otherwise from an eligible list provided by examination and approval by the Board of Police and Fire Commissioners and kept on file with the City Clerk.
(4) 
To Make Rules for Department. The Chief may make rules and regulations for the good government of the Fire Department, consistent with the regulations prescribed by the Board of Police and Fire Commissioners.
(5) 
Emergency Destruction of Property. The Chief and his assistants may direct the firemen to remove, tear down or otherwise dispose of any building or other structure when it shall become absolutely necessary to do so for the purpose of stopping or checking the progress of a fire.
(6) 
Other Duties; Fire Inspector.
(a) 
The Chief shall perform all duties delegated to him by the laws of Wisconsin, particularly sec. 101.14(2) of the Wisconsin Statutes, and by the ordinances of the City.
(b) 
An Annual Fire Prevention Inspection Fee shall be charged to the property owner for required inspections of each building, structure and premises.
(c) 
The fee for required annual fire inspections shall be as follows:
(1) 
Residential:
Building Type
Fee
3 - 36 units
$5.00 per unit
37 - 60 units
$200.00
61 - 100
$225.00
100 or more units
$250.00
(2) 
Commercial:
Building Type
Fee
Under 1,000 sq. ft.
$10.00 per unit
1,000 to 5,000 sq. ft.
$25.00
5,000 to 25,000 sq. ft.
$50.00
25,000 to 100,000 sq. ft.
$100.00
100,000 to 250,000 sq. ft.
$200.00
250,000 to 500,000 sq. ft.
$300.00
500,000 to 1,000,000 sq. ft.
$500.00
Over 1,000,000 sq. ft.
$750.00
(3) 
Industrial:
Building Type
Fee
Under 5,000 sq. ft.
$50.00
5,000 to 25,000 sq. ft.
$100.00
25,000 to 100,000 sq. ft.
$150.00
100,000 to 175,000 sq. ft.
$250.00
175,000 to 350,000 sq. ft.
$500.00
350,000 to 1,000,000 sq. ft.
$750.00
1,000,000 to 2,000,000 sq. ft.
$1,250.00
Over 2,000,000 sq.
$2,000.00
(4) 
Churches and Schools:
Building Type
Fee
Under 1,000 sq. ft.
$10.00
1,000 to 5,000 sq. ft.
$25.00
5,000 to 25,000 sq. ft.
$50.00
25,000 to 100,000 sq. ft.
$100.00
100,000 to 250,000 sq. ft.
$200.00
250,000 to 500,000 sq. ft.
$300.00
500,000 to 1,000,000 sq. ft.
$500.00
Over 1,000,000 sq. ft.
$750.00
(d) 
(1) 
The fee for hotels and motels shall be the same as for residential property, except that the fee shall be calculated on a per room basis.
(2) 
The fee for mobile homes shall be the same as for residential property, except that the fee shall be calculated on a per mobile unit basis.
(3) 
Premises located within the City shall be inspected, pursuant to Sec. 101.14 of the Wisconsin Statutes.
(4) 
Square footage above refers to total floor area of any building or structure.
(e) 
The annual fee shall constitute a special charge against the property inspected. The annual fee shall be extended upon each year's tax roll for collection. If not paid on or before July 31 of each year, the fee shall become a lien on the property inspected and shall automatically be extended upon the current tax roll as a delinquent tax against the property. All proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge. The annual fee represents payment for fire inspections for the year in which payment is due.
(f) 
All buildings owned by the United States government, the State of Wisconsin, Milwaukee County, the Milwaukee Area Technical College, the West Allis - West Milwaukee School District, the Milwaukee Metropolitan Sewerage District and the City of West Allis, shall be exempt from this fire inspection fee.
(g) 
Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance, or application thereof to any person, firm, corporation or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of said provision, clause, sentence, paragraph, section or part of this ordinance to other persons, firms, corporations or circumstances, but shall be confirmed in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation or circumstance involved. It is hereby declared to be the legislative intent of the Common Council that this ordinance would have been adopted had such invalid provision or provisions not been included.
(7) 
Ambulance Fee.
[Ord. 6044, 10/5/1993; Ord. 6595, 11/20/2001]
(a) 
Whenever an ambulance of the City of West Allis shall convey a person, a fee shall be charged for such service to the person, his/her insurance company, or his/her estate.
[Ord. O-2009-0031, 11/17/2009; Ord. O-2016-0059, 12/20/2016]
(b) 
The fee shall be established annually by the Common Council and shall be kept in the City Clerk's office.
[Ord. 6537, 10/17/2000; Ord. O-2005-0029, 6/7/2005; Ord. O-2009-0031, 11/17/2009; Ord. O-2016-0059, 12/20/2016]
(c) 
The Fire Chief or his designee shall be responsible for obtaining the name, address, identification number and health insurance data of the person conveyed, as possible. The Manager of Finance shall be responsible for the billing and collection of the fee from the person conveyed.
(8) 
Crash Billing Fee.
[Ord. O-2012-0044, 12/4/2012]
(a) 
Whenever the Fire Department of the City of West Allis responds to a crash within City limits involving a vehicle or vehicles that is/are not registered to an address within the City of West Allis, a fee shall be charged for such service to the owner.
(b) 
The fee for the Fire Department service shall be two hundred fifty dollars ($250.) per owned vehicle. This fee shall apply only when the Fire Department performs a function or activity related to a crash and not simply for responding to the scene.
(c) 
The Fire Chief or his designee shall be responsible for obtaining the name, address, identification number, and insurance data of the owner, if possible. The Manager of Finance shall be responsible for the billing and collection of the fee.

5.04 Firemen.

(1) 
Duties. Every fireman shall have the police power and duties delegated to him by sec. 213.095 of the Wisconsin Statutes, and such other duties as lawfully prescribed by the Common Council, the Board of Police and Fire Commissioners and the Chief.
(2) 
Full-Time Employees. The Chief and all other members of the Fire Department shall devote their full time to the Fire Department of the City.
(3) 
Dismissal and Suspension. Any member of the Fire Department may be suspended for cause by the Chief, and such suspension shall immediately be reported in writing to the Board of Police and Fire Commissioners. Every fireman shall also be subject to suspension and dismissal for cause in accordance with sec. 62.13(5) of the Wisconsin Statutes.

5.05 Firemen's Pension Fund.

[Ord. O-2008-0021, 5/6/2008]
Sworn officers of the Fire Department shall be enrolled in the State of Wisconsin Municipal Retirement System in accordance with Section 40.20 et seq., Wis. Stats.

5.06 Emergency Reporting Telephone System.

The Chief of the Fire Department shall administer the operation of the police and fire alarm system in accordance with the agreement between the City of West Allis and the Wisconsin Telephone Company for an emergency reporting telephone system, and may make such rules as may be found necessary for such operation. The expense of the operation of such system shall be included in the budget of the Fire Department.

5.10 Fire Prevention Code.

(1) 
Purpose and Title. This section shall provide the City of West Allis with rules and regulations to improve public safety by promoting the control of fire hazards and life safety; regulating the installation, use and maintenance of equipment; regulating the use of structures, premises and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and, setting forth the standards for compliance and achievements of these objectives.
(2) 
Application. The provisions of this Code shall apply equally to public and private property, and it shall apply to all structures. The owner of the property and the occupier of the property shall comply with the provisions of this Code.
(3) 
Adoption of Fire Prevention Regulations. The following are adopted by reference and incorporated into the West Allis Fire Prevention Code, as if fully set forth herein, and any violation of the incorporated provisions constitutes a violation of this Code:
(a) 
The provisions of the Fire Prevention Code of the National Fire Protection Association (NFPA), NFPA No. I, and its incorporated standards and codes, as published in the National Fire Codes of the NFPA and listed in Annex A of the NFPA Fire Prevention Code, as it is from time to time updated and amended.
(b) 
The codes of the State of Wisconsin relating to fire prevention as they are from time to time amended by the Department of Industry, Labor and Human Relations.
(4) 
Enforcement.
[Ord. O-2013-0012, 3/5/2013]
(a) 
Fire Prevention Bureau. The Fire Prevention Code shall be enforced by the Fire Chief of the City of West Allis. The Fire Chief may detail such members of the Fire Department as Inspectors as shall be deemed necessary. A Fire Prevention Bureau in the West Allis Fire Department is created to operate under the supervision of the Chief and to assist the Chief in the enforcement of the Fire Prevention Code. The Fire Chief shall designate an official of the West Allis Fire Department as the officer in charge of the Fire Prevention Bureau. The officer in charge of the Fire Prevention Bureau shall be responsible for the direct administration and enforcement of the Fire Prevention Code.
(b) 
Frequency of Inspections. The Fire Chief shall base the frequency of inspections on a risk hazard analysis that shall include hazard classification, occupancy type, record of Fire Code violations and fire events. All occupancies shall be inspected at least once per calendar year, providing that the interval between inspections does not exceed fifteen (15) months.
(5) 
Bulk Storage of Liquefied Petroleum Gases. Liquefied petroleum gas installations with an aggregate capacity of more than 90 pounds shall not be permitted in the City of West Allis, except in the MC-1 Manufacturing District, as defined by Section 12.42 of the Revised Municipal Code, and the Heavy Industrial District, as defined in Section 12.10 of the Revised Municipal Code, or unless otherwise permitted as a special exception by the Common Council.
Existing nonconforming residential installations are exempt from this restriction, but such installation may not be moved, replaced or expanded in capacity over that in existence at the time of passage of this Code.
(6) 
Storage of Flammable and/or Combustible Liquids in Storage Tanks.
(a) 
The storage of flammable liquids, other than liquefied petroleum gases, in outside above ground tanks, is prohibited in the following zoning districts: all zoning districts established by the zoning ordinance of the City of West Allis, except the MC or Heavy Industrial Manufacturing District, or unless permitted as a special exception by the Common Council of the City of West Allis.
(b) 
New bulk plants for flammable and combustible liquids are prohibited in the following zoning districts: all zoning districts established by the zoning ordinance of the City of West Allis, except the MC or Heavy Industrial Manufacturing District, or unless permitted as a special exception by the Common Council of the City of West Allis.
(c) 
Underground storage tanks shall be prohibited in areas of the City which are zoned or used for residential purposes, unless permitted as a special exception by the Common Council of the City of West Allis.
(d) 
Above ground storage tanks must be approved by the Common Council and must meet the following requirements:
1. 
The tank must be labeled as to contents and size after installation and must have NFPA 704 markings.
2. 
A listed dispensing device and manual nozzle.
3. 
A fire extinguisher with minimum classification of 2A20BC.
4. 
An emergency shut-off switch for the fuel pump.
5. 
A six foot high industrial fence around the tank.
6. 
A masonry spill containment to hold one hundred twenty-five percent (125%) of the product stored in the tank.
7. 
Plans showing each tank's proper location from buildings and lot lines.
8. 
Posts or guardrails to prevent any part of a delivery or fueling vehicle from striking either tank(s) or pump(s).
9. 
Building and electrical permits.
10. 
Automatic shut-off valve between each tank and fuel pump.
11. 
Such other requirements set forth in the codes adopted by Section 5.10(3) that the Fire Prevention Bureau determines will enhance safety.
12. 
Conditional approval from the Fire Prevention Bureau.
(7) 
Automatic Fire Protection Equipment.
(a) 
Intent. The intent of this section is to require automatic fire extinguishing systems in vent hoods and direct systems for all commercial type kitchens to effectively extinguish fire at its source and reduce the property damage and loss caused by kitchen fires.
(b) 
Definitions. For the purpose of this section, the following definitions shall be applicable:
1. 
"Accepted" means approved in writing by the Fire Prevention Bureau.
2. 
"Approved Automatic Fire Extinguishing Systems" means a package unit as listed by the Underwriters Laboratories, Inc. (or other nationally recognized testing laboratory), fire protection equipment list in effect at the date of installation, for the extinguishment of fires in hoods, filters and ducts used for ventilation of cooking equipment or a system individually designed to the applicable standards for the type of extinguishing equipment.
3. 
"Cooking Equipment" means ranges, ovens, broilers, deep fryers, grills and other cooking appliances designed for use in preparing food.
4. 
"Duct System" means enclosures or pipes attached to the hood and leading to the outside for the purpose of venting and dissipating cooking vapors, smoke and residue.
5. 
"Establishment" means a building or room, public or private, where food is prepared for consumption either on or off the premises by customers, patients, members or inmates of such building or room. Included in, but not limited to, this definition are schools, churches, hospitals, nursing homes, lodges, hotels, motels, cafeterias, restaurants, taverns, food kitchens and places of detention.
6. 
"Hood" means the portion of the cooking system usually installed above the cooking equipment and designed for the primary collection of cooking vapors and residues, constructed of galvanized steel or stainless steel, and having tight joints.
7. 
"Package Unit" means a complete automatic fire extinguishing system designed by the manufacturer and installed in accordance and compliance with the manufacturer's instructions and recommendations. Systems designed for individual installation by competent authority and accepted by the Fire Prevention Bureau shall be deemed to be in compliance with this section.
(c) 
Where Required.
1. 
All hood and duct systems installed in an establishment shall be equipped with approved automatic fire extinguishing systems designed for manual and automatic operation and shall meet all the requirements of the Codes adopted in Section 5.10(3).
(d) 
Installation Requirements.
1. 
A dimensional drawing or sketch showing the hood and ducts and the extinguishing system shall be prepared, together with a form showing the size of the hood and ducts, the area of the protected surface, the model, size and number of package units, the size and length of piping, the number and type of fittings, and the number of nozzles and distance of nozzles above the cooking surface.
2. 
Review of Plans. All plans for automatic fire extinguishing equipment shall be submitted for review and acceptance by the Fire Prevention Bureau prior to installation of the equipment. Three sets of plans and specifications will be submitted to the Bureau for review. Two sets shall be returned to the installer and shall be stamped "Approved by the Fire Prevention Bureau," with the date of such approval, and the other set shall be retained by the Fire Prevention Bureau.
3. 
Installation. Installation of the system shall be done by or under the supervision of a factory authorized representative. Package units or individually designed units shall be installed in conformance with the limitations of the designers' or manufacturers' specifications and in compliance with the codes adopted in Section 5.10(3). Hoods shall be installed with a clearance of not less than 18 inches from woodwork or other combustible material. A manual control for operation of the system shall be installed near the hood no higher than five feet or lower than two feet from the floor and shall be free from any obstruction.
(e) 
Maintenance. All extinguishing systems shall be inspected semi-annually by a factory authorized representative and a certificate of this inspection, signed by the factory representative and the owner or occupier of the establishment, shall be submitted to the Fire Prevention Bureau.
(8) 
Fire Hydrant Requirements on Private Property.
(a) 
Intent. The intent of this section is to insure adequate water supply for fire fighting purposes to structures and buildings located at extended distances from approved fire hydrants on private property.
(b) 
Where Required.
1. 
Any building, hereafter erected or structurally altered to increase the floor area by 50% or more, which is located such that any part of the building or addition is 300 feet or more from any street or highway, or 500 feet or more by normal access routes from an approved fire hydrant, shall have provided, at the owner's expense, free standing, approved fire hydrants located as follows:
a. 
One approved fire hydrant shall be located between twenty-five (25) to 50 feet from the building's main entrance.
b. 
Additional approved fire hydrants shall be provided around the perimeter of the building and positioned twenty-five (25) to 50 feet from the exterior wall so that no approved fire hydrant is more than 500 feet from any other approved fire hydrant by normal access routes.
c. 
When a substantial portion of the building perimeter is not accessible by normal access routes, approved wall hydrants per National Fire Protection Association (NFPA) Codes and standards will be provided. The number and location will be determined by the Chief of the Fire Department.
2. 
Fire Department standpipes.
a. 
Class 3 standpipes will be installed in any building, hereafter erected or structurally altered to increase the floor area by 50% or more, if three stories or more, and/or new buildings, which, because of their occupancy, create special fire fighting problems. All standpipes will be installed per National Fire Protection Association (NFPA) Codes and Standards 14. The number and location will be determined by the Chief of the Fire Department.
b. 
The installation of a sprinkler system will not supersede the requirements for the installation of Fire Department standpipes.
3. 
Any new mobile home or trailer park or any mobile home or trailer park which expands by adding additional trailers or area to the present court site shall provide an approved fire hydrant when any trailer or building located in such park is more than 300 feet from an approved fire hydrant. Approved fire hydrants shall be provided so that no trailer or building is more than 300 feet from any approved fire hydrant.
4. 
Approved Fire Hydrant. Where an internal fire protection appliance incorporates a Fire Department connection, a pumper hydrant shall be provided, at the owner's expense, within 100 feet of the connection.
(c) 
Approved Fire Hydrant. An approved fire hydrant is a hydrant approved by the West Allis Water Department and Fire Department with one four and one-half (4-1/2) inch and two two and one-half (2-1/2) inch Fire Department connections.
The connecting water line from the City water main to the vicinity of the approved fire hydrant shall be not less than an eight inch diameter water pipe. A 12 inch water line shall be installed if it is needed to meet minimum fire flow requirements. Looped water line systems may be required for larger developments. The hydrant branch from the new water line to the new fire hydrant shall be not less than six inches in diameter and shall not exceed 40 feet in length and be capable for delivering 1,500 gallons per minute with 20 pounds residual pressure. All approved fire hydrants and valves shall be purchased from the West Allis Water Department and shall be approved by the Chief of the Fire Department and shall be installed in accordance with the standards of the West Allis Engineering Department.
(d) 
Use of Approved Fire Hydrants on Private Property. Approved fire hydrants, provided pursuant to the terms of this section, shall be used solely for the purpose of fire protection.
1. 
Property owners providing approved fire hydrants, pursuant to the requirements of this section, shall grant the City of West Allis, through the Department of Public Works, a 10 foot easement on both sides of the water main and around the approved fire hydrant, for the purpose of routine inspection, testing, maintenance and repair of the water main and approved fire hydrant by the City of West Allis. Subsequent to June 1, 1982, the grant of such easement shall be a condition prerequisite to the issuance of an occupancy permit. Easements granted pursuant to the terms of this subsection shall be subject to the following conditions:
a. 
Access to approved fire hydrants with easements shall not be obstructed under any circumstance. Prohibited obstructions may include, but are not limited to, snow accumulation, parked vehicles, material and equipment storage and refuse storage.
b. 
Improvements within easements may be constructed only upon prior written approval by the City of West Allis Fire Department and Department of Public Works.
c. 
The cost of repairing and restoring improvements within easements, which is incurred as the result of repair or replacement of water mains, shall be borne by the property owner.
d. 
Property owners providing approved fire hydrants, pursuant to the terms of this section, shall bear the cost of repairs to approved fire hydrants which are required as the result of damage. Damage repairs shall be accomplished by either of the following:
(i) 
The City of West Allis, with the cost of such repairs billed to the property owner.
(ii) 
A contractor selected by the property owner and approved by the West Allis Water Department. The work of the contractor shall be inspected and approved by the West Allis Water Department.
e. 
Property owners shall immediately advise the West Allis Fire Department and Water Department as to easement approved fire hydrants which have been damaged or are found to be inoperable.
f. 
The grant of an easement to the City of West Allis for the purpose of inspection, testing, maintenance and repair of approved fire hydrants shall not affect the responsibility of property owners for City of West Allis Water Utility quarterly service charges.
2. 
Owners of approved fire hydrants installed prior to June 1, 1982, may grant an easement to the City of West Allis for the purposes and under the conditions described in subsection (1) above, and provided that prior to the acceptance of the easement:
a. 
Approved fire hydrants shall be of an approved type, conforming to the standards prescribed by subsection (c) above.
b. 
The capacity and operating condition of the water distribution system servicing each approved fire hydrant shall be approved by the West Allis Fire Department and Department of Public Works.
c. 
Each approved fire hydrant shall be satisfactorily flow tested.
(e) 
Inspection, Testing, Maintenance and Repair of Approved Fire Hydrants.
1. 
Inspection, testing, maintenance and repair of approved fire hydrants, as to which an easement has been granted, pursuant to subsection (e) above, shall be conducted in accord with the terms of the easement.
2. 
Inspection, testing, maintenance and repair of approved fire hydrants, as to which an easement has not been granted, pursuant to the provisions of subsection (e) above, shall be the responsibility of the property owner. This responsibility shall include the obligations to:
a. 
Flow test each approved fire hydrant at least once during each five year period and maintain records of the result of such tests for a period of five years. Such records shall be subject to inspection upon demand by representatives of the West Allis Fire Department and Water Department.
b. 
Maintain approved fire hydrants in proper operating condition at all times and upon request of officials of the West Allis Fire Department, perform such tests, to include a flow test, which will demonstrate the proper operating condition of the approved fire hydrant.
c. 
Not obstruct access to the approved fire hydrant under any circumstance. Prohibited obstructions may include, but are not limited to, snow accumulation, parked vehicles, material and equipment storage and refuse storage.
d. 
Property owners shall immediately advise the West Allis Fire Department and Water Department as to approved fire hydrants which have been damaged or which are found to be inoperable.
(9) 
Open Burning.
[Ord. O-2000-0002, 6/1/2010]
(a) 
Open burning is prohibited in the City of West Allis and no person, firm, corporation or other entity shall burn, cause to be burned, or suffer or allow to burn in the open air leaves, garden refuse, wood, refuse, or other combustible material.
(b) 
This subsection shall not apply to:
1. 
A charcoal or gas grill used in the cooking of food.
2. 
The smoking of tobacco products.
3. 
A device for the burning of wood that is equipped with a metal hood and screen that completely encloses the area where wood is burned so as to prevent embers or sparks from exiting the device.
(c) 
The exception allowed in Subsection 5.10(9)(b)3 shall not apply during such times as the West Allis Fire Chief declares a ban on burning due to dry conditions. Notice of such ban shall be published in the official City newspaper. After publication or after direct notice, no person shall use such a device until the West Allis Fire Chief declares that the ban is terminated.
(d) 
The burning permitted in Subsection 5.10(9)(b)3 shall be subject to the following conditions:
1. 
Such devices shall not be used on porches or decks or within 10 feet of a dwelling, garage, or other accessory structure.
2. 
Such devices shall not be used between the hours of 11:00 p.m. and 8:00 a.m.
3. 
Such devices shall be tended by a competent person at all times combustion is occurring. To constitute being "tended," the device must be within the direct observation of the competent person taking care of the fire.
(10) 
Smoking in Theaters. No person shall ignite a match or other flame-producing device or shall smoke or carry a lighted cigar, cigarette or pipe in any theater, except in areas approved by the Fire Prevention Bureau, provided such areas are free from all flammable and combustible floors, walls, furniture, fixtures and decorations. Whenever a patron is observed smoking in violation hereof, the owner, lessee, manager, person in possession or charge or employee shall notify such person forthwith of the violation and shall notify the West Allis Police Department or West Allis Fire Department, if such violation continues. This paragraph shall not be construed to prohibit the use of lighted cigars, cigarettes or pipes upon the stage of any theater when used in connection with any performance, when permission has been granted by the Fire Prevention Bureau.
(11) 
Causing Fire by Tobacco Smoking. No person, by smoking or attempting to light or to smoke cigarettes, cigars, pipes or tobacco in any manner in which lighters or matches are employed, shall, in a careless, negligent or reckless manner, set fire to any bedding, furniture, curtains, trash or other refuse, or any part of a building, so as to endanger life or property in any way or to any extent.
(12) 
Smoking in Schools or Public Libraries. It shall be unlawful to light a match or any flame-producing device, or to smoke or carry a lighted cigar, cigarette or pipe in any school building or in the Public Library, except in areas approved for such a purpose by the Fire Prevention Bureau. It shall be the duty of the person or persons in charge of such buildings to post and maintain signs bearing the words "NO SMOKING" in locations designed to give notice to persons entering the building or as designated by the Fire Prevention Bureau.
(13) 
Christmas Tree Sales.
(a) 
For the purpose of this paragraph, the following minimum standards shall apply to the storage, handling and display of Christmas trees and foliage:
1. 
Trees and foliage shall be stacked not closer than 10 feet from any gasoline pump or other device for the transfer of petroleum products.
2. 
Aisles or clear spaces of not less than three feet shall be maintained at all times.
3. 
No Christmas trees or foliage shall contact any electric wires.
4. 
A fire extinguisher with a 2A10BC rating or greater shall be provided by the merchant for each seventy-five (75) feet of travel in the display and/or storage area.
5. 
All storage and sales of Christmas trees and foliage shall be held outside of all buildings.
(b) 
It shall be unlawful to light a match or any flame producing device, or to smoke or carry a lighted cigar, cigarette or pipe in areas where Christmas trees or foliage is sold, displayed or stored. The person in charge of the Christmas tree sales shall post "NO SMOKING" signs in locations designed to give persons entering the area notice of this regulation.
(14) 
Automatic Fire Detection Systems and Warning Systems.
(a) 
Definitions. For the purpose of this paragraph, the following definitions shall be applicable:
1. 
Approved. Acceptable to the Fire Prevention Bureau.
2. 
Automatic Fire Detector. A device designed to detect specific products of fire.
3. 
Ceiling. The upper surface of a space, regardless of height. Areas with a suspended ceiling would have two ceilings, one visible from the floor and one above the suspended ceiling.
4. 
Labeled. Equipment or materials to which has been attached a label, symbol or other identifying mark of an organization approved by the Fire Prevention Bureau and concerned with product evaluation, that maintains periodic inspection of production of labeled equipment or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
5. 
Listed. Equipment or materials included in a list published by an organization approved by the Fire Prevention Bureau and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner.
6. 
Public Building. Any structure that the public has access to regardless of the limitation of the access. This would include, but is not limited to, financial institutions, apartments, theaters, restaurants, service stations, retail stores, taverns, office buildings, schools, hospitals and buildings owned by the City.
7. 
Spacing. A horizontally measured dimension relating to the allowable coverage of fire detectors.
(b) 
Fire Detection System Requirements. The owner of each public building shall install the appropriate automatic fire detection system for their building. The appropriate type of automatic fire detection system will be determined in accordance with National Fire Protection Association 72E. If there is a disagreement in interpretation in determining what type of automatic fire detection system to install, the Fire Prevention Bureau will make the final decision.
The automatic fire detection system will be installed in accordance with the manufacturer's specifications and recommendations and in accordance with the standards of National Fire Protection Association 72E. This will include, but is not limited to, these requirements:
Direct and permanent wiring to a proper unswitched circuit.
Interconnection to the fire alarm system when that system is required by Code.
Connection to an outside alarm.
Complete information regarding the automatic fire detection systems, including specifications and floor plans showing the location of the fire detection systems, shall be submitted to the Fire Prevention Bureau for approval prior to the installation of the detectors.
Before requesting final approval of the installation by the Fire Prevention Bureau, the installing contractor shall furnish a written statement to the effect that the automatic fire detection systems have been installed in accordance with approved plans and tested in accordance with the manufacturer's specifications.
Upon completion of the installation, a satisfactory test of the automatic fire detectors, in accordance with Chapter 8 of the National Fire Protection Association 72E, shall be made in the presence of a representative of the Fire Prevention Bureau.
The automatic fire detection systems shall be maintained and tested in accordance with the National Fire Protection Association standards.
(c) 
Failure to Test Systems.
1. 
If the owner of a building fails to comply with the testing required in subsection (b), the Fire Department shall inform the owner, in writing, that if the required testing is not completed within 14 days, the Fire Department will conduct the testing. The notice shall be mailed to the owner's last known address and to the building manager, if any, and shall be posted in a conspicuous place on the property in question.
2. 
If, after the expiration of the 14 days set forth in the notice, the owner has failed to comply, the Fire Department may conduct the testing. The cost of the testing shall be billed to the owner of the property and shall be payable within 60 days from the date the invoice is mailed to the owner. If the owner fails to pay the costs of testing the alarm system, within 60 days, the charges shall become a lien against the property and shall be extended upon the tax roll as a delinquent tax against the property, as set forth in sec. 66.60(16) of the Wisconsin Statutes.
(d) 
Smoke Detectors. A member of the Fire Department, who obtains information that a smoke detector which is required is not installed or is not functional, shall give notice to the owner as provided in sec. 101.645(3) of the Wisconsin Statutes. If, after five days from the date of the notice, the owner has not complied, the Fire Department may install the required smoke detectors or replace batteries in existing smoke detectors to make them functional. The cost of the Fire Department installing smoke detectors or batteries shall be billed to the owner as set forth in subsection (c)(2).
(e) 
Citation for Violation. In addition to the charges for service set forth in subsections (c) and (d), any West Allis Police Officer is authorized to issue a citation for violations of this section as follows:
First violation in a calendar year
$25.00 plus costs
Second violation in a calendar year
$50.00 plus costs
Third and subsequent violations in a calendar year
$100.00 plus costs
(15) 
Automatic Closing Devices.
(a) 
Where Installed.
1. 
Except on single and two family dwellings, there shall be an automatic closing device on all fire and smoke doors, except doors leading directly outside in all buildings, regardless of size.
2. 
On all fire shutters and vents.
3. 
Wired into fire alarm system where fire alarm system is required.
(b) 
How Installed. Per National Fire Protection Association standards and West Allis Fire Department requirements.
(16) 
Automatic Fire Sprinklers.
(a) 
Definitions.
1. 
Approved. As applied to automatic fire sprinkler equipment means approval by the Fire Prevention Bureau.
2. 
Area. Means the maximum horizontal projected area on one floor of a building or structure using the exterior walls or between approved fire walls including fire walls.
3. 
Automatic Closing Device. Means one which functions without human intervention and is actuated as a result of the predetermined temperature rise, rate of rise of temperature, combustion products or smoke density.
4. 
Automatic Fire Sprinkler Equipment. Means a system of piping connected to an adequate water supply provided with approved automatic fire sprinklers and devices so arranged and located as to discharge water automatically to the area on fire.
5. 
Basement. Means any story where less than half the height between floor and ceiling is above the average level of street, sidewalk or finished grade.
6. 
Dwelling. Any building or portion thereof designed or used as the living and/or sleeping place of one or more persons, and including:
a. 
Single Family Dwelling. A detached building designed for only one family and containing only one dwelling unit.
b. 
Two Family Dwelling. A detached building containing not more than two individual dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or common basement.
c. 
Multi-Family Dwelling. An apartment house or a building designed for occupancy by three or more families living independently of each other and containing three or more dwelling units, including, but not limited to, row houses, garden or elevator apartments and rooming houses.
7. 
Dwelling Structures. Any structure containing one or more rooms providing sleeping and sanitary facilities, but not including a hotel, hospital, nursing home, dormitory, fraternity or sorority house.
8. 
Dwelling Unit. One or more rooms which may include a kitchen or kitchenette, sleeping areas, dining areas and sanitary facilities, designed as a unit for occupancy by not more than one family.
9. 
Fire Resistive. Means the type of construction in which the structural members, including walls, partitions, columns, floor and roof construction are of noncombustible materials with fire resistive rating of at least four hours.
10. 
Fire Wall. Means a wall which has a fire resistance rating of not less than four hours and which subdivides a building or separates buildings to restrict the spread of fire, including a three foot parapet wall beyond the farthest point of the sides and roof.
11. 
Ground Floor. The floor of a building most nearly on a level with the ground; example, ground floor, first floor and second floor comprises three floors.
12. 
High Hazard Occupancy. Any building, which by reason of its construction or highly combustible occupancy, involves a severe life hazard to its occupants, as classified by the Department of Industry, Labor and Human Relations (DILHR).
13. 
Multi-Family House. Means a building or portion thereof containing three or more dwelling units; including tenement apartment house, mother-in-law apartments or flat.
14. 
NFPA. National Fire Protection Association.
15. 
Roof Spaces.
a. 
Multi-family. Roof spaces shall be subdivided above every two apartments on the uppermost floor by a one hour rated partition. All openings must have a one hour rated self-closing door.
b. 
Commercial, industrial, governmental and institutional buildings. Buildings with a combustible roof shall have all roof spaces subdivided every 3,000 square feet by a one hour rated partition. All openings must have a one hour rated partition. All openings must have a one hour rated self-closing door.
16. 
Story. The portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
(b) 
Where Installed. Approved automatic fire sprinkler equipment shall be installed and maintained in all buildings, including the following: multi-family, commercial, office, industrial, institutional, governmental buildings and public buildings, in accordance with this paragraph.
1. 
In all principal buildings, as follows:
a. 
Fire Resistive Buildings. Throughout every building which is either:
(i) 
10,000 square feet or more in total area; or,
(ii) 
Is over one story in height and exceeds 6,000 square feet in total area; or,
(iii) 
Is over two stories in height.
(iv) 
Throughout every building regardless of stories where the floor area is not divided by fire walls and exceeds 6,000 square feet and where a point within the building is more than 50 feet, measured in a straight line, from any exterior and accessible opening of the building.
b. 
Non-Fire Resistive Buildings. Throughout every building which is either:
(i) 
5,000 square feet or more in total area; or,
(ii) 
Is over two stories in height.
(iii) 
Throughout every building regardless of stories where any point in the building is more than 50 feet measured in a straight line, from any exterior and accessible opening of the building.
2. 
Approved automatic fire sprinkler equipment shall be installed and maintained in the following accessory buildings and special principal building and building areas:
a. 
Garages as follows:
(i) 
Garages within, attached to, above or below other occupancies.
(ii) 
Garages used as passenger terminals.
b. 
In the basement and subbasements of principal and accessory buildings, as follows:
(i) 
Basements having a total area of two thousand five hundred (2,500) square feet or more; and,
(ii) 
All sub-basements regardless of size.
c. 
Multi-Family Buildings.
(i) 
Throughout all buildings, the provisions of National Fire Protection Association 13, "Standard for the Installation of Sprinkler Systems," will be followed for all common areas; and, National Fire Protection Association 13R, "Standard for the Installation of Sprinkler Systems in Residential Occupancies up to Four Stories in Height."
(ii) 
Buildings over four stories in height must be completely sprinklered in accordance with National Fire Protection Association 13, "Standard for the Installation of Sprinkler Systems."
d. 
Theaters and Assembly Buildings.
(i) 
Throughout all buildings of nonfire resistive construction; and,
(ii) 
In buildings of fire resistive construction in such places as stage, under roof of stage, gridiron, fly galleries and bridges, in dressing rooms, work rooms, property rooms, crawl spaces, hidden spaces and on stage side of proscenium opening.
e. 
Hospitals. Throughout all buildings regardless of construction type.
f. 
Nursing, Convalescent, Old Age and Other Similar Institutional Buildings. Throughout all nursing, convalescent, old age and other institutional buildings regardless of size and construction type.
g. 
Schools, Colleges and Universities.
(i) 
Throughout all buildings of nonfire resistive construction; and,
(ii) 
In buildings of fire resistive construction, throughout basements, workshops, laboratories, stairways and corridors, stage areas of auditoriums, janitor's closets, kitchens, cafeterias, crawl spaces, linen closets, hidden spaces and throughout all others where combustible materials are handled or stored.
h. 
Dormitories, Fraternities and Sorority Houses.
(i) 
Throughout all buildings of nonfire resistive construction; and,
(ii) 
In buildings of fire resistive construction, throughout basements, workshops, laboratories, stairways and corridors, stage areas of auditoriums, janitor's closets, kitchens, cafeterias, crawl spaces, linen closets, hidden spaces and throughout all others where combustible materials are handled or stored.
i. 
Day Care Centers. All new construction regardless of size shall be completely sprinklered in accordance with National Fire Protection Association 13.
j. 
Community Based Residential Facilities (CBRF). All new construction or use which houses or is intended or designed to house more than eight residents shall be completely sprinklered in accordance with National Fire Protection Association 13.
[Ord. 6335, 10/7/1997]
k. 
Commercial, Industrial or Institutional Garages and Service Centers. Any building 3,000 square feet or more in total area.
3. 
Approved automatic sprinkler equipment shall be installed and maintained in the following buildings (and other buildings with similar uses), regardless of size in which it is expected there will be high hazard occupancy:
a. 
Aircraft hangers.
b. 
Dry cleaning establishments using or storing gasoline or other volatile flammable liquids.
c. 
Enameling or japanning operations.
d. 
Mills; sugar, starch, cereal, feed, hay, flour and grist mills.
e. 
Paint and varnish manufacturing, storing, handling, spraying and other related operations.
f. 
Paint stripping establishments.
g. 
Manufacture and storage of Pyroxylin products.
h. 
Smoke houses.
i. 
Storage of explosive gases under pressure (15 p.s.i.) and over 5,400 cubic feet, such as acetylene, hydrogen and natural gas.
j. 
Storage of materials with a flash point under 200 degrees Fahrenheit, such as celluloid products, kerosene, etc.
k. 
Woodworking and other such establishments with combustible dust.
l. 
Chemical works.
m. 
Explosives and pyrotechnic material manufacturing.
n. 
Oil refineries.
o. 
Throughout every building which, by reason of its construction or highly combustible occupancy, involves a severe life hazard to its occupants or adjacent property or, in the judgment of the Fire Prevention Bureau, constitutes a fire menace.
(c) 
How Installed. Approved automatic fire sprinkler equipment shall be installed in accordance with the current editions of Pamphlet #13, "Standards for the Installation of Sprinkler Systems"; other applicable standards of the National Fire Protection Association and the West Allis Fire Department. Note: Light hazard maximum spacing 130 square feet per head.
(d) 
Annual Inspections. Every sprinkler system required by the Municipal Code or by the administrative rules of the State of Wisconsin shall be tested in accordance with National Fire Protection Association 13A and the results of the testing shall be forwarded to the Fire Prevention Bureau.
(e) 
Maintenance of Equipment. Sprinkler systems, standpipe systems, fire alarm systems and other fire protective or extinguishing systems or appliances, which have been installed in compliance with permit or order, or because of any law or ordinance, shall be maintained in operative condition at all times. Further, it shall be unlawful for any owner or occupant to reduce the effectiveness of the protection so required, except this shall not prohibit the owner or occupant from temporarily reducing or discontinuing the protection where necessary to make tests, repairs, alterations or additions. The officer in charge of the Fire Prevention Bureau shall be notified before repairs, alterations or additions are begun and shall be notified again when the system has been restored to service.
(f) 
Approved Fire Hydrant. Where an internal fire protection appliance incorporates a Fire Department connection, an approved fire hydrant shall be provided, at the owner's expense, within 100 feet of the Fire Department connection.
(g) 
Additions, Remodeled Buildings and Change of Use. All existing public buildings or places of employment, and all additions shall conform to this section, as follows:
1. 
More than 50% remodeled or added. If more than 50% of the gross area of a building is remodeled and/or added, the entire building shall comply with the requirements of this section.
2. 
If additions to a principal building combine to meet or exceed the limits set forth in Section 5.10(16)(b), the building shall comply with all aspects of this Code.
3. 
The percentage of a building remodeled or added from the date of passage of this Code shall be added together for each remodeling or addition to get the total percentages remodeled or added.
4. 
Any building with an existing sprinkler system, when making an addition, regardless of size or occupancy, will sprinkler the addition in accordance with National Fire Protection Association 13.
5. 
If the use of an existing building is changed to a new use, it shall comply with all aspects of this Code.
(h) 
Approval of Plans and System Types. Prior to the installation of a sprinkler system, or the alteration of an existing sprinkler system, plans shall be submitted to the Fire Prevention Bureau for approval. All sprinkler systems must meet the standards of National Fire Protection Association 13, "Standard for the Installation of Sprinkler Systems," or National Fire Protection Association 13R, "Standard for the Installation of Sprinkler Systems in Residential Occupancies up to Four Stories in Height," as applicable. Three copies of the plans and specifications shall be submitted for review; approved plans shall be stamped "Approved by the Fire Prevention Bureau," the date of such approval and signature of the Officer granting approval. Two copies will be returned to the owner and one copy will be kept on file by the Fire Prevention Bureau.
No work may begin on installation of a sprinkler system or alteration of a sprinkler system until it is approved by the Fire Prevention Bureau.
(i) 
Exemptions. Rooms or buildings devoted to the manufacture or storage of aluminum powder, calcium carbide, calcium phosphate, metallic sodium or potassium, quick lime, magnesium powder, sodium peroxide or like materials, where the application of water may cause or increase combustion, are exempt from the use of automatic water sprinkling systems, but are required to install other forms of fire protection systems approved by the Fire Prevention Bureau.
(j) 
Application to Existing Buildings. When the Fire Prevention Bureau finds and determines that an existing building whose use, in part or in whole, constitutes a severe life or fire hazard to its occupants or structure, or to an adjacent property, it shall require compliance to this Code.
(17) 
Fireworks. The provisions of Section 6.03(8) of the Revised Municipal Code are incorporated by reference and made a part of the Fire Prevention Code, as if fully set forth herein.
[Ord. O-2006-0030, 6/6/2006]
(18) 
Modifications. The officer in charge of the Fire Prevention Bureau shall have power to modify any of the provisions of the Fire Prevention Code, upon application, in writing, by the owner or occupier, or a duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured and substantial justice done. The particulars of such modifications, when granted or allowed, and the decision of the officer in charge of the Fire Prevention Bureau thereon, shall be entered upon the records of the Department and a signed copy shall be furnished to the applicant.
(19) 
New Materials, Processes or Occupancies Which May Require Permits. The Building Inspector, the officer in charge of the Fire Prevention Bureau and the Chief of the Fire Department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in this Code. The officer in charge of the Fire Prevention Bureau shall post such list in a conspicuous place in his office, distribute copies to interested persons and file a copy in the office of the City Clerk.
(20) 
Interpretation. Whenever the provisions of this Code conflict with the provisions of the regulations adopted under Section 5.10(3), the provisions of this Code shall govern. Whenever the provisions of the regulations adopted under Section 5.10(3) conflict, the officer in charge of the Fire Prevention Bureau shall elect which provision is to govern.
(21) 
Appeals. Whenever an application is denied, or when it is claimed that the provisions of the Code do not apply, or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant or aggrieved person may appeal from the decision to the Board of Appeals within 30 days from the date the written decision is received.
(22) 
[1]Possession of Ignition Devices Prohibited.
[Ord. 6256, 10/1/1996]
(a) 
Definitions. For purposes of this section, the following terms shall mean:
1. 
"Ignition Device" means matches, lighters and any other material used for the purpose of ignition.
2. 
"Minor" means a person who has not yet attained the age of 18 years.
(b) 
Possession Prohibited. No minor may possess any ignition device, unless under the direct supervision of an adult.
(c) 
Delivery Prohibited. No adult shall permit an ignition device to be served, sold, dispensed, given away or made available to any minor, unless such minor is accompanied by a parent, guardian or spouse who has attained the age of 18 years.
(d) 
Confiscation. Any ignition devices possessed by a minor, contrary to Subsection (2), may be confiscated by a police officer.
(e) 
Penalty. Any person who violates any provision of this section shall forfeit $25 for the first violation and $50 for the second and subsequent violation, together with the costs of prosecution and, in default of payment thereof, by imprisonment in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes, or by suspension of the defendant's operating privilege, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes.
(f) 
Educational Program. In addition to or in lieu of any other penalties provided for in this Code, the Judge of any court of competent jurisdiction may order any person found guilty of violating this section to any educational programs, as the court deems appropriate, and include as part of the penalty thereof that such person pay the costs of such educational program.
[1]
Editor's Note: Former Subsection (22), Penalties, was repealed 7/6/2010 by Ord. O-2010-0023. Said ordinance also renumbered former Subsection (23) as Subsection (22).

5.11 Fuel-Burning Equipment.

(1) 
Definitions. For the purpose of this section, whenever any of the following words or terms are used, they shall have the meaning described to them in this section.
(a) 
Fuel-Burning Equipment. Any furnace, incinerator, refuse burning equipment, boiler, apparatus, device, mechanism, stack, chimney or structure used in the process of burning fuel or other combustible material, excepting heating installations for residential, commercial or industrial purposes, and also excepting home-use incinerators.
(b) 
Person. Any owner, tenant, lessee, individual, partnership, association, corporation.
(2) 
Permit for Installation or Alteration.
(a) 
No person shall construct, install, reconstruct or alter any fuel-burning equipment or any equipment pertaining thereto for use within the City until an application therefor has been made to the Common Council. The application shall be accompanied by two sets of plans and specifications of the fuel-burning equipment and structures or buildings used in connection therewith and plats of survey showing where the equipment will be located. The application shall be referred by the Council to the Bureau of Fire Prevention, Building Inspector and Health Commissioner for their inspection and report. Such reports shall be made to the Council within 30 days after referral by the Council to the Departments above enumerated.
(b) 
The Council may hold a public hearing on the application. Notice of hearing shall be given at least once in the official City newspaper, with a period of not less than five days to expire after said publication prior to hearing. The Council shall determine whether or not the public health, safety or welfare will be adversely affected by the proposed construction contained in the application. The Council may, after a hearing, issue the permit on such terms and conditions as it deems necessary to protect the public health, safety and welfare.
(c) 
All applicants must comply with the county smoke regulations.

5.115 Overtime.

[Ord. O-2008-0021, 5/6/2008]
Unless otherwise specifically provided for in the Policies and Procedures of the City of West Allis, the Ordinances of the City of West Allis, and/or any applicable collective bargaining agreement in effect between the City and a bargaining unit, the overtime of all sworn officers of the Fire Department shall be governed by and administered in accordance with applicable state and federal laws.

5.12 Clothing and Uniform Allowance.

[Ord. O-2008-0021, 5/6/2008]
Any clothing and uniform allowance for members of the Fire Department not represented by a bargaining unit shall be as provided in the Salary Ordinance of the City of West Allis. Any clothing and uniform allowance for represented members of the Fire Department shall be as provided in any applicable collective bargaining agreement in effect between the City and a bargaining unit.

5.125 Sick Leave.

[Ord. O-2008-0021, 5/6/2008; Ord. O-2012-0046, 12/18/2012]
All sworn officers of the Police Department, not represented by a bargaining unit, may be granted sick leave under the provisions of Section 2.76(11) of the Revised Municipal Code, and under such rules and regulations as may be prescribed by the Board of Police and Fire Commissioners. Nothing contained in this section shall be construed as otherwise limiting any authority of the Commission granted by Section 62.13 of the Wisconsin Statutes.

5.126 Vacations.

[Ord. O-2008-0021, 5/6/2008]
(1) 
All sworn officers of the Fire Department, not represented by a bargaining unit, shall be entitled to vacations as provided in Section 2.76(13) of the Revised Municipal Code, except the Board of Police and Fire Commissioners shall be substituted for the Civil Service Commission.
[Ord. O-2012-0046, 12/18/2012]
(2) 
Any days of assigned holiday or vacation may be suspended, in case of positive necessity caused by some sudden and serious emergency, which, in the judgment of the Chief, demands that such days not be given at such time.

5.13 Fires Beyond City Limits.

(1) 
In case of a fire or other emergency in any town, City, or village in the Milwaukee Metropolitan Target Area (Racine, Kenosha, Waukesha, Ozaukee, Walworth, Milwaukee and Washington Counties), the Chief of the Fire Department or the officer in charge of the Department, upon request of the Fire Department of such town, City or village, may, in his discretion, permit or direct any officer or member of the Fire Department to repair to the place of the fire or other emergency with or without an engine or other fire apparatus.
(2) 
The Chief of the Fire Department or the officer in charge shall also have the power to grant permission to any officer or member of the Fire Department to go with or without an engine or other fire apparatus to any town, City, or village in the Milwaukee Metropolitan Target Area for the purpose of civil defense exercises, demonstrations, training or for fire-fighting purposes, disasters or other emergencies, to be absent such length of time as he may direct.
(3) 
Whenever personnel or equipment of the Fire Department are employed outside of City limits, the Chief of the Fire Department or the officer in charge shall, within 48 hours, file a written report with the Mayor setting forth the following information:
Location of fire or other disaster, number of personnel and pieces of equipment deployed, time absent from the City, any losses to personnel or equipment and any other pertinent information.
(4) 
Nothing contained in this section shall be construed as otherwise limiting any authority of the Board of Police and Fire Commissioners granted by sec. 62.13 of the Wisconsin Statutes.

5.14 Penalties.

[Ord. O-2010-0023, 7/6/2010]
(1) 
Any person who shall violate any of the provisions of this Code or who fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction, within the time limits fixed herein, shall severally for each and every violation or noncompliance forfeit not less than $25 nor more than $500, together with the costs of prosecution, and in default of payment thereof, be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in sec. 800.095(a) of the Wisconsin Statutes. The imposition of a penalty for any violation shall not excuse the violation, or permit it to continue, and all such persons shall be required to correct or remedy such violations within a reasonable time.
(2) 
Each and every day that a violation of this Chapter occurs constitutes a separate offense.
(3) 
The application of the above penalties shall not be held to prevent the enclosed removal of prohibited conditions by injunctive action or other legal or equitable means.

5.15 Labor Agreements.

Where the terms and provisions of any collective bargaining agreement in effect between the City and a bargaining unit of sworn employees of the Fire Department are in conflict with any of the terms and provisions of this Chapter or any other portion of the Municipal Code, the terms and portions of such collective bargaining shall supersede such other terms and provisions of this Chapter of the Municipal Code.

5.16 Residence Requirement.

See Section 4.22 of this Code.

5.17 Fire Inspection and Permit Fee Schedule.

[Ord. 6077 (create 5.17), 3/1/1994]
A Fire Department permit is required for all items as hereafter enumerated. No installation shall commence for which a permit is required by this section until proper fees have been paid and a Fire Department permit has been issued.
(1) 
Permit Initiation Fee. For each Fire Department permit issued, there shall be an initiation fee of $10 assessed to the permit, to be deposited to a revenue account of the Department of Building Inspections for administration of the permit.
(2) 
Fire Protection Systems, to include, but not limited to, smoke, heat and manual fire alarm systems.
(a) 
Plan review.
50 or less fixtures
$25.00
More than 50 fixtures
$50.00
(b) 
Site inspection.
50 or less fixtures
$50.00
More than 50 fixtures
$100.00
(3) 
Fire suppression systems, to include sprinklers, standpipes and first aid stations.
(a) 
Plan review.
Alterations to existing systems up to
New construction and additions
  15 heads
No charge
  1-250 heads or fixtures
$25.00
Each additional 100 heads or fixtures or fraction thereof
$10.00
(b) 
Site inspection.
100 or less heads or fixtures
$50.00
Over 100 heads or fixtures
$100.00
(4) 
Fire suppression systems, to include halon, carbon dioxide, dry chemical, water spray and foam systems.
(a) 
Plan review: $25.00
(b) 
Site inspection: $50.00
(5) 
Smoke ventilation systems.
(a) 
Plan review: $25.00
(b) 
Site inspection: $50.00
(6) 
Hood and duct ventilation and suppression systems.
(a) 
Plan review: $25.00
(b) 
Site inspection: $50.00
(7) 
Spray booths, dip tank operations and flammable liquid spray areas.
(a) 
Plan review: $25.00
(b) 
Site inspection: $50.00
(8) 
Hydrant flow test, per hydrant: $25.00
(9) 
Liquid storage tanks, a regulation by this Code, above or below ground, or within buildings or structures.
(a) 
Plan review not approved by DILHR: $50.00/plan
(b) 
New, replacement, removal or abandonment per tank: $15.00/1,000 gallons or fraction thereof; $50.00 minimum/$150.00 maximum
(10) 
Pressure piping systems or vapor recovery systems for flammable and combustible liquids, new and altered systems utilizing pressure piping or suction system: 1% of the cost to install/$50.00 minimum
(11) 
Pumps for flammable liquids, new, replacement or alteration: $10.00 for each pump, dispenser or nozzle/$50.00 minimum
(12) 
LP tanks - temporary installation: $25.00
(13) 
Temporary storage of explosives: $25.00
(14) 
Cutting/Welding: $25.00
(15) 
Blasting: $25.00
(16) 
Tents in excess of 400 square feet, per tent: $20.00
(17) 
Petition for variance, per petition: $50.00
(18) 
Indoor car exhibition, per car: $25.00
(19) 
Removal of underground storage tank (nonresidential): $100.00 minimum
(20) 
Liquid storage tank ILHR 10 permit: $50.00
(21) 
Special inspections requiring written response: $100.00
(22) 
Reinspection. In the event additional inspections are necessary because of failure to meet at an appointed time or by reason of faulty, incomplete or defective work, a fee equal to the original fee will be charged.
(23) 
Special Plan Review or Inspections. During nonworking hours, time and one-half of the normal hourly rate of Inspector assigned, three hours minimum. The fee shall be paid prior to the review or inspection.
[Ord. 6115 [5.17(18)-(23)], 8/2/1994]

5.18 Services in Excess of Fire Department Capabilities.

[Ord. O-2010-0020, 6/1/2010]
Any person, firm, contractor, or corporation requiring emergency services beyond the capabilities of the Fire Department shall reimburse the City for personnel costs, equipment and supplies, and outside services.

5.19 Citation Authority.

[Ord. O-2010-0023, 7/6/2010]
The Fire Chief, and designated officers, shall have the duty to enforce the Fire Prevention Code through the exercise of citation power. The form of the citation shall be determined by the Fire Chief.