Village of Brandon, WI
Fond Du Lac 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
[HISTORY: Adopted by the Village Board of the Village of Brandon 12-14-1998 as §§ 5-2-2 to 5-2-10 and 5-3-1 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire protection — See Ch. 59.
Alarm systems — See Ch. 180.
Building construction — See Ch. 215.
Fireworks — See Ch. 271.
Hazardous materials and pollution — See Ch. 284.
Property maintenance — See Ch. 370.

§ 268-1 Impeding fire equipment prohibited. [1]

No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Brandon-Fairwater Fire Department 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 268-2 Police powers of Department; investigation of fires.

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 firefighters 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.
[Amended 11-12-2007]
(1) 
The Fire Chief, or the Chief's designee, shall be the Fire Inspector of the Village of Brandon 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 of Wisconsin and the rules of the Department of Safety and Professional Services.
(2) 
The Fire Inspector shall have the right and authority to enter any building or upon any premises in the Village of Brandon at all reasonable hours for the purpose of inspecting semiannually all buildings, premises and thoroughfares within the Village for the purpose of noting and causing to be corrected any condition liable to cause fire and which is so situated as to endanger other buildings or property and for the repair or removal of any combustible or explosive material or inflammable conditions dangerous to the safety of any building or premises or the occupants thereof or endangering or hindering firefighters in case of fire. The Fire Inspector may also perform such other inspections as are necessary to accomplish the elimination of such conditions or to verify their elimination. Any person denying the Fire Inspector access to the premises will be served with a citation according to the deposit schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Whenever any inspection by the Fire Inspector reveals a hazard, the Fire Inspector or the Fire Chief shall serve, in writing, an order upon the owner of the property giving the owner a reasonable time in which to eliminate the hazard. If the hazard is not eliminated within the time allowed, it shall be deemed a nuisance and the Fire Chief and/or Police Chief may issue a citation for failure to comply with such order, seek a court-ordered injunction with the assistance of the Village Attorney or contact the State of Wisconsin Department of Safety and Professional Services and have it intervene on the Village's behalf. Citation amounts can be found in the deposit schedule.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Written reports of inspections that comply with the rules of the Department of Safety and Professional Services shall be made and kept on file with the Fire Chief or in the office on the Village Clerk.
C. 
Wisconsin Fire Service Guidebook. The Wisconsin Fire Service Guidebook, DSPS, is hereby adopted and made part of this Code by reference.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Fire drills. Multifamily dwellings, four units or larger, are required to hold biannual fire drills. The Fire Chief or a designated representative must be present at one fire drill per year.
[Added 11-12-2007[4]]
[4]
Editor's Note: Original § 5-2-3(d)(1) of the 1998 Code, regarding fire drills in public and private schools, which immediately preceded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 268-3 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 a 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 police officer.

§ 268-4 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.

§ 268-5 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.

§ 268-6 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.

§ 268-7 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.

§ 268-8 Open burning.

A. 
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Brandon except as set forth below in this section. This prohibition on burning includes burning of construction waste and debris at construction sites and the use of burning barrels.
B. 
Exceptions.
(1) 
Burning of yard wastes at such dates/hours designated by the Village Board may be permitted.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Outdoor cooking over a fire contained in a device or structure designed for such use is permissible.
(3) 
Recreational burning pits not exceeding four feet in diameter and not located less than 25 feet from any structure may be permitted (the burning of clean wood only is permitted and the use of burning pits to burn refuse is prohibited).[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Controlled burning of grass or similar vegetation for environmental management purposes, with the prior written approval of the Chief of Police or Fire Chief, or his/her designee, may be permitted; this exception is not to be used for the burning of grass, leaves or other lawn debris.
(5) 
Ceremonial campfire or bonfires, with prior written approval of the Fire Chief, or his/her designee, may be permitted.
(6) 
Other occasions of desirable outdoor burning not specified by this subsection, but not as an alternative to refuse removal or disposal for which other methods are available, may be granted single occasion approval as in Subsection B(4) and (5) above.
(7) 
Open burning when a permit is issued may be permitted.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Application for permit.
(1) 
Procedure for issuance of burning permit. Before the setting or starting of any open burning permitted under this section, a permit authorizing the burn shall be first obtained by the owner, operator, or agent from the Chief of Police, Fire Chief or from such other person as may be authorized or designated by the Chief of Police or Fire Chief to issue such permits. Application for a burning permit shall be made, in writing, upon a form furnished by the Fire Chief or Chief of Police. The Fire Chief may also establish from time to time special rules or restrictions relating to open burning by permit. Such rules may govern conditions, including, but not necessarily limited to, the following:
(a) 
Hours when burning is allowed.
(b) 
Day(s) when burning is allowed.
(c) 
Material which may or may not be burned.
(d) 
Whether open burning is allowed or whether burning is only allowed with an approved incinerator or burning device.
(e) 
The length of time the permit is valid.
(f) 
What constitutes an approved burning device or incinerator.
(g) 
The size of the material pile burned by open burning.
(h) 
The distance or distances to be maintained between the material being burned and other flammable material.
(i) 
Supervision required for burning, including minimum age of supervisors and type of fire extinguishing equipment which must be present at the burn site.
(j) 
The manner in which ashes created by the burning under the permit are to be disposed of.
(2) 
Issuance of permit. If the Chief of Police, Fire Chief, or other person authorized or designated by the Chief of Police or Fire Chief to issue such permits finds that the proposed burning complies with all Village ordinances and the regulations contained in Ch. SPS 314, Wis. Adm. Code, the Chief of Police or Fire Chief shall approve the application, and a burning permit shall be subsequently issued to the applicant. A copy of any burning permit, and the application therefor, shall be kept on file with the Chief of Police or Fire Chief. No burning permit issued shall be valid for more than 30 days from the date when issued.
D. 
Open burning regulations. The following regulations shall be applicable when an open burning permit has been issued:
(1) 
All open burning conducted pursuant to a permit shall be performed in a safe, pollution-free manner, when wind and weather conditions are such as to minimize adverse affects, and in conformance with local and state fire protection regulations. Open burning permits shall not be used to covertly burn plastic, construction debris or other prohibited materials.
(2) 
The size of the pile of material to be burned shall not exceed four feet in any direction measured horizontally or three feet measured vertically.
(3) 
The pile of material being burned shall be at least 50 feet away from any structure, wood or lumber pile, wooden fence, trees, or bushes. Provisions shall be made to prevent the fire from spreading to within 50 feet of such items or the fire shall otherwise be contained in an approved incinerator or burner device which is located at least 15 feet from any structure, wood or lumber pile, wooden fence, trees, or bushes.
(4) 
Any ashes created by burning such material as is lawful under this section are to be disposed of in a manner authorized by law.
(5) 
Open burning shall be constantly attended and supervised by a competent person of at least 16 years of age until such fire is extinguished. This person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire while burning and/or extinguishing such fire.
(6) 
No materials may be burned upon any street, curb, gutter, or sidewalk.
(7) 
Permits shall not be issued for burning barrels.

§ 268-9 Materials that may not be burned. [1]

Unless a specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device:
A. 
Rubbish or garbage, including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
B. 
Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Ch. NR 590, Wis. Adm. Code.
C. 
Asphalt and products containing asphalt.
D. 
Treated or painted wood, including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
E. 
Any plastic material, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
F. 
Rubber, including tires and synthetic rubber-like products.
G. 
Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with Chapter 398, Solid Waste, of the Code of the Village of Brandon, except as provided in § 268-8.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 268-10 Outdoor furnaces. [1]

A. 
Purpose. This section is intended to promote public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of Brandon.
B. 
Definition. An "outdoor wood-fired furnace" means a wood-fired furnace, stove or boiler that is not within a building intended for habitation by humans.
C. 
Outdoor furnaces and/or heating devices are forbidden within the Village limits of Brandon.
(1) 
Outdoor furnaces that are in use the date this section is enacted shall be grandfathered until the end of their life cycle and cannot be replaced. Outdoor furnaces that were installed and in use prior to this section being enacted shall be registered at the office of the Village Clerk. Registration shall include the make, model and serial number if available.
(a) 
The owners of outdoor wood-burning furnaces shall obtain an annual permit from the Village Clerk and/or Building Inspector.
(2) 
All outdoor furnaces existing prior to the enacting of this section must be inspected by the Fire Chief and/or Building Inspector for safety concerns and any Building Code violations.
D. 
Existing outdoor wood-burning furnaces shall comply with the following:
(1) 
The outdoor wood-burning furnace shall have a chimney that extends a minimum of 20 feet above the ground surface. If there are any residences within 100 feet, the chimney shall also extend at least 15 feet above the structure housing the wood burner.
E. 
Materials that may not be burned:
(1) 
Wet or freshly cut wood.
(2) 
Rubbish or garbage, including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
(3) 
Waste oil or other oily wastes.
(4) 
Asphalt or products containing asphalt.
(5) 
Treated or painted wood, including plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
(6) 
Any plastic material, including nylon, PVC, ABS, polystyrene or urethane foam, synthetic fabrics, plastic films and plastic containers.
(7) 
Rubber, including tires and synthetic rubber-like products.
(8) 
Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled.
F. 
This section does not apply to the following:
(1) 
Grilling or cooking using charcoal, wood, propane or natural gas in cooking appliances.
(2) 
Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
(3) 
The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 268-11 Regulations during extreme fire danger.

A. 
Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Village of Brandon. This extreme danger of fire affects the health, safety, and general welfare of the residents of the Village of Brandon 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 Brandon during said emergency.
B. 
Regulation of fires, burning materials and fireworks. Pursuant to § 323.11, Wis. Stats., 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 briquets, gas grills, or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquets, 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 briquets or other burning materials while outdoors except into a noncombustible container that does not contain combustible materials.
(3) 
Light or ignite a flare, except upon a roadway in an emergency.
(4) 
Light, ignite, or use anything manufactured, processed, or packaged solely for the purpose of exploding, emitting sparks or combustion for amusement purposes, including fireworks, firecrackers, bottle rockets, caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains that emit sparks and smoke, except in displays authorized by the 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 Fond du Lac County 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) 
Pursuant to § 323.11, Wis. Stats., 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.

§ 268-12 Adoption of state codes.

The following orders, rules and regulations of the Wisconsin Department of Safety and Professional Services and the Department of Agriculture, Trade and Consumer Protection, 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. ATCP 93, Flammable, Combustible and Hazardous Liquids
Ch. SPS 307, Explosives and Fireworks
Ch. SPS 314, Fire Prevention
Ch. SPS 332, Public Employee Safety and Health
Ch. SPS 340, Gas Systems
Ch. SPS 343, Anhydrous Ammonia
Chs. SPS 360 to SPS 366, Commercial Building Code
Wisconsin Electrical Code