Village of Stratford, WI
Marathon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Stratford 4-12-1988 as Title 3, Ch. 2 and Sec. 3-3-1 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 313.
Nuisances — See Ch. 377.
Property maintenance — See Ch. 404.
Building construction — See Ch. 520.
The Stratford Area Fire Department shall be responsible for the program of fire defense for the citizens and property within the Village of Stratford.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall impede the progress of the fire engine or fire truck or other fire apparatus of the Stratford Area 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.
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 official conducting operations in connection with the extinguishment and control of any fire, explosion or other emergency shall have full authority to direct all operations of fire extinguishment or control and to take the necessary precautions to save life, protect property and prevent further injury or damage. In the pursuit of such operation, including the investigation of the cause of such emergency, the fire official may control or prohibit the approach to the scene of such emergency by any person.
(3) 
No person shall obstruct the operations of the Fire Department in connection with extinguishing any fire, or actions relative to other emergencies, or disobey any lawful command of the fire official in charge of the emergency, or any lawful order of a police officer assisting the Fire Department.
(4) 
The fire official in charge of an emergency scene shall have the authority to establish fire line barriers to control access in the vicinity of such emergency and to secure any street or alley. No unauthorized person may cross such fire line barriers.
(5) 
No unauthorized person shall remove, unlock, destroy or tamper with any barricade or sign which has been lawfully installed by the Fire Department or by its order or under its control.
(6) 
The Chief shall have the power to cause the removal or destruction 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 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Fire inspection duties.
(1) 
The Fire Chief shall be the Fire Inspector of the Village of Stratford 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 Commerce, 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 Stratford at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code, he 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 duty to give such directions for the abatement of such conditions as he shall deem necessary and, if such directions are not complied with, to report such noncompliance to the Village Board for further action.
(3) 
The Chief of the Fire Department is required, by himself or by officers or members of the Fire Department designated by him 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 hereafter designates as within the fire limits or as a congested district subject to conflagration, and more often as the Chief of the Fire Department orders. Each six-month period shall begin on January 1 and July 1 and each three-month period on January 1, April 1, July 1 and October 1 of each year.
(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 Commerce. A copy of such reports shall be filed with the Village Clerk.
A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Village, 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.
It shall be lawful for any fire fighter 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 fire fighter in the discharge of his duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting fire fighters in the discharge of their duty.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original Sec. 3-2-5(b), Destruction of property to prevent the spread of fire, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 290-3A(6) of this chapter.
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. 
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Stratford, except as set forth in Subsection B of this section. Burning of paper, solid waste, garbage, leaves and yard waste is prohibited within the Village.
B. 
Exceptions. The prohibition stated in Subsection A shall not apply to the following:
[Amended 1-11-2011]
(1) 
Outdoor cooking over a fire contained in a device or structure designed for such use.
(2) 
Controlled burning of grass or similar vegetation for environmental management purposes, with the approval of the Village Fire Commissioner or his/her designee.
(3) 
Ceremonial campfires or bonfires, with prior approval of the Village Fire Commissioner or his/her designee.
C. 
The use of outdoor permanent incinerators is hereby prohibited, except upon application and issuance of an annual permit. The operation of permanent incinerators by permit in industrial areas only shall be done in a safe and proper manner, and manufacturer's specifications on the operation of permanent incinerators shall be followed. The following requirements shall be applicable:
(1) 
Any burning permitted under this subsection shall be conducted in a safe, nuisance-free manner in accordance with Fire Commission and Village Board rules and regulations, and a permit shall only be issued when it is unreasonable to dispose of the waste materials in any other manner than by burning or where a hardship would be created by such a refusal to issue said permit.
[Amended 1-11-2011]
(2) 
Applications shall be submitted to the Fire Commission, which shall submit a recommendation to the Village Board. The Village Board shall make a determination as to whether to issue the incinerator permit.
(3) 
Burning permits may be cancelled by the issuing authority or the Fire Department by written notice to the permit holder of the reasons for the cancellation.
D. 
Other occasions of desirable outdoor burning not specified by this section, 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(2) above.
E. 
Whenever approval and special permit are granted under Subsections B(2) and (3), C and D of this section, the permit may specify and be conditioned on observance of safety restrictions and insurance requirements set forth therein.
F. 
There shall be no burning on Sunday to 8:00 a.m. Monday and on holidays at any time.
G. 
Chief may prohibit. The Fire Chief is permitted to prohibit any or all bonfires and outdoor fires when atmospheric conditions or local circumstances make such fires hazardous.
[Amended 1-11-2011]
H. 
Burning on streets. No materials may be burned upon any street, curb, gutter or sidewalk.
I. 
Liability. Persons utilizing and maintaining outdoor fires shall be responsible for any liability resulting from damage caused by their fire.
[Added 6-9-2020]
Recreational fires, barbeque pits, portable fire pits, and portable outdoor fireplaces are permitted on properties zoned residential and occupied by a single- or two-family residence under the following conditions:
A. 
Recreational in-ground fire pits shall be at least 25 feet from any type of a building or structure, combustible material of any form, or property line.
B. 
Recreational fires, barbecue pits, and outdoor fireplaces shall be contained in an area not to exceed three feet wide by three feet long, or a circle larger than three feet in diameter. The flames of the fire shall be no higher than three feet.
C. 
All residential recreational fires and barbecue pits, excluding portable fire pits and outdoor fireplaces as defined, shall be dug into the ground at least six but not more than 12 inches and surrounded on the outside, above ground level, by a noncombustible material extending at least six inches above grade.
D. 
Portable listed and rated fire pits shall be used in accordance with the manufacturer's recommendations and shall be placed on a noncombustible surface that is at least 1.5 times larger than the size of the portable fire pit. In the absence of manufacturer's recommendations, portable fire pits shall be at least 15 feet from any type of building or structure, combustible material of any form, or property line.
E. 
Any propane or natural gas fire tables must follow all manufacturer's specifications. In the absence of manufacturer's recommendations, fire tables shall be at least 15 feet from any type of building or structure, combustible material of any form, or property line.
F. 
All portable fire pits and fire tables must be listed and rated devices. Homemade devices and converted grills are prohibited.
G. 
Only clean dry wood can be burned. The burning of garbage, trash, refuse, treated wood, painted/varnished wood, plastic, rubber, construction lumber, and flammable liquids, and/or combustible liquids in any form is prohibited. Burning of leaves, yard waste, or brush is prohibited.
H. 
Burning is prohibited when the wind is in excess of 10 mph as determined by the National Weather Service.
I. 
Fire extinguishing equipment shall be readily available as may be necessary for the total control of the fire. Examples include but are not limited to a bucket of water, garden hose, or fire extinguisher.
J. 
Burning must be attended at all times by a person at least 18 years of age until the fire has been extinguished.
K. 
Burning shall not create smoke that causes a public nuisance or a visibility hazard to any form of transportation. Any recreational fire pit shall be extinguished at the request of Police Department personnel or Fire Department personnel.
L. 
In the Village of Stratford, recreational fires are prohibited when the Wisconsin Department of Natural Resources classifies fire danger at the "high," "very high," or "extreme" levels, or when the Fire Chief declares a burning ban.
M. 
Any property owner who wishes to have a recreational fire must first obtain a permit from the Director of Public Works. The permit shall contain the name and address of the location where the portable fire pit is to be used. Such permit is not transferable to any other person nor any other location. Such a permit shall issue upon a showing that there will be compliance with all applicable laws and ordinances.
[Amended 2-10-2004]
A. 
When a fire run is made by the Stratford Area Fire Department (SAFD) within the Village of Stratford and billed by the SAFD to the Village, the following charges shall apply.
(1) 
Residential. The Village shall bill to the owner of the property the actual expense of the fire run up to a maximum of $500.
(2) 
Nonresidential fire runs up to $1,000. In cases when the actual expense of the fire run is $1,000 or less, the Village shall bill to the owner of the property the actual expense of the fire run.
(3) 
Nonresidential fire runs exceeding $1,000. In cases when the actual expense of the fire run is greater than $1,000, the Village shall limit its budget impact to not more than $7,500 as follows:
(a) 
Step One. The Village shall bill to the owner of the property the actual coverage amount provided in the property owner's insurance, but not less than $1,000. Written proof of coverage and policy limits must be submitted to the Village Clerk within 14 days of the fire.
(b) 
Step Two. The Village shall pay the balance of the billed fire run up to a maximum of $7,500.
(c) 
Step Three. Any balance remaining shall be billed to the owner of the property.
B. 
Bills for fire runs unpaid 60 days after the billing date shall be added as a special charge upon the real estate tax rolls.
[Added 3-18-1998]
A. 
Purpose. The purpose of this section is to promote the health and well-being of the residents of the Village of Stratford.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
SOLID-FUEL-FIRED OUTDOOR HEATING DEVICE
An outdoor device designed or constructed for solid fuel combustion so that the usable heat derived is for the interior of buildings.
C. 
The construction or use of solid-fuel-fired outdoor heating devices within the Village limits of the Village of Stratford is prohibited.
[Added 12-13-2005]
A. 
Authority.
(1) 
The Stratford Area Fire Department was created by charter for fire protection and emergency services and is jointly owned and operated by the Townships of Cleveland, Day, Eau Pleine, Frankfort and Green Valley and the Villages of Fenwood and Stratford. Said Fire Department is responsible for the inspection of all public buildings and places of employment within its service area pursuant to Ch. Comm 14, Wis. Adm. Code.
(2) 
Such fire prevention inspections shall be conducted at least once in each nonoverlapping six-month period per calendar year, or more often if ordered by the Chief of the Fire Department, in all territory served by the Stratford Area Fire Department.
B. 
Violations requiring corrective action. Violations requiring corrective action must be addressed by the property owners within the prescribed time frame as noted on the inspection report. If violations are unresolved at the initial revisit, a warning letter will be issued by the Stratford Area Fire Department outlining the consequences of allowing the violations to continue.
C. 
Reinspection fees. At the third and subsequent inspection visits, if violations remain noncompliant, fees will be assessed by the Village of Stratford as set by the Village Board.
D. 
Enforcement. The enforcement of this section shall be by assessing reinspection fees as outlined herein. Delinquent charges shall be reported to the County Treasurer, assessed to the property charged, and added to the Village of Stratford tax roll for the current year.
The following orders, rules and regulations of the Department of Commerce, all of which are set forth in the Wisconsin Administrative Code as from time to amended, are incorporated herein by reference and adopted as part of this chapter:
A. 
Chapter Comm 7, Explosives and Fireworks.
B. 
Chapter Comm 10, Flammable, Combustible and Hazardous Liquids.
C. 
Chapter Comm 14, Fire Prevention.
D. 
Chapter Comm 32, Public Employee Safety and Health.
E. 
Chapter Comm 40, Gas Systems.
F. 
Chapter Comm 43, Anhydrous Ammonia.
G. 
Chapters Comm 60 to 66, Commercial Building Code.
H. 
Wisconsin Electrical Code.