[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Secs. 5-2-2 to 5-2-9, 5-3-1 and 5-3-5 of the
1988 Code. Amendments noted where applicable.]
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Kimberly 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 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.
B.
Fire inspection duties.
(1)
The Fire Chief shall be the Fire Inspector of the Village of Kimberly
and shall have the power to appoint one or more Deputy Fire Inspectors
and shall perform all duties required of fire inspectors by the laws
of the state and rules of the Department of Safety and Professional
Services, particularly § 101.14, Wis. Stats.
(2)
While acting as Fire Inspector pursuant to § 101.14(2),
Wis. Stats., the Fire Chief or any officer of the Fire Department
designated by the Fire Chief shall have the right and authority to
enter any building or upon any premises in the Village of Kimberly
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 be 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 fire hazards or
to the prevention of fires. Such inspections shall be made at least
once per calendar year in all of the territory served by the Fire
Department, provided the interval between those inspections does not
exceed 15 months. The Chief of the Fire Department may order more
frequent inspections than required under this subsection.
[Amended 2-7-2022 by Ord. No. 2-2022]
(4)
Written reports of inspections shall be made and kept on file in
the office of the Chief of the Fire Department in the manner and form
required by the Department of Safety and Professional Services. A
copy of such reports shall be filed with the Village Administrator.
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.
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 duty as is hereinbefore provided,
the person so offending shall be deemed guilty of resisting firefighters
in the discharge of their duty.
B.
Destruction of property to prevent the spread of fire. During the
progress of any fire, the Fire Chief or his assistant shall have the
power to order the removal or destruction of any property necessary
to prevent the further spread of fire, provided that it is inevitable
that, unless such property is removed, other property is in danger
of being destroyed by fire.
Every person who shall be present at a fire shall be subject
to the orders of the Fire Chief or officer in command and may be required
to render assistance in fighting the fire or in removing or guarding
property. Such officer shall have the power to cause the arrest of
any person or persons refusing to obey said orders.
Whenever there shall be a fire or fire alarm or the Fire Department
shall be out for practice, every person driving or riding in a motorized
or other vehicle shall move and remain to the side of the street until
the fire engine and fire truck and other fire apparatus shall have
passed.
No person shall occupy any portion of such streets or alleys
with a motorized or other vehicle between such fire engine or fire
truck or other fire apparatus and any hydrant to which a fire hose
may be or may be about to be attached.
[Amended 8-1-2011 by Ord. No. 6-2011]
A.
Purpose. This section is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Village of Kimberly due
to the air pollution and fire hazards of open burning, outdoor burning
and refuse burning.
B.
General prohibition on outdoor burning and refuse burning. Open burning,
outdoor burning and refuse burning is prohibited in the Village of
Kimberly unless the burning is specifically permitted by this section.
C.
Applicability/exceptions. This section applies to all outdoor burning
and refuse burning within the Village of Kimberly except the following.
(1)
This section does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
(2)
This section does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in Subsection D of this section.
(3)
This section does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
D.
CAMPFIRE
CLEAN WOOD
FIRE CHIEF
OPEN BURNING
OUTDOOR BURNING
OUTDOOR WOOD-FIRED FURNACE
REFUSE
Definitions. The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
A small outdoor fire intended for recreation or cooking not
including a fire intended for disposal of waste wood or refuse. A
campfire shall not be larger than four feet in diameter.
Natural wood which has not been painted, varnished or coated
with a similar material, has not been pressure-treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
The Chief of the Village of Kimberly Fire Department or other
persons authorized by the Fire Chief.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
Open burning or burning in an outdoor wood-fired furnace.
A wood-fired furnace, stove or boiler that is not located
within a building intended for habitation by humans or domestic animals.
Any waste material except clean wood.
E.
Materials that may not be burned. 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.
(1)
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.
(2)
Waste oil or other oily wastes except used oil burned in a heating
device for energy recovery, subject to the restrictions in Ch. NR
679, Wis. Adm. Code.
(3)
Asphalt and products containing asphalt.
(4)
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.
(5)
Any plastic material including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers.
(6)
Rubber, including tires and synthetic rubber-like products.
(8)
Leaves,
brush, weeds, vegetative debris and stumps.
[Added 11-30-2020 by Ord. No. 11-2020]
F.
Open burning of clean, dry wood is allowed only in accordance with
the following provisions:
[Amended 11-30-2020 by Ord. No. 11-2020]
(1)
All allowed open burning shall be conducted in a safe nuisance-free
manner, when wind and weather conditions are such as to minimize adverse
effects and not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations.
(2)
Except for barbecue, gas and charcoal grills, no open burning shall
be undertaken during periods when either the Fire Chief or the Wisconsin
Department of Natural Resources has issued a burning ban applicable
to the area.
(3)
Fires set for forest, prairie or wildlife habitat management are
allowed with the approval of the Fire Chief.
(4)
Outdoor campfires and small bonfires for cooking, ceremonies or recreation
are allowed, provided that the fire is confined by a control device
or structure such as a fire ring or fire pit. Campfires are not allowed
after 11:00 p.m. on Sunday through Thursday and are not allowed after
1:00 a.m. on Saturday and Sunday mornings. Bonfires are allowed only
if approved by and in accordance with provisions established by the
Fire Chief.
(5)
In emergency situations such as natural disasters, burning that would
otherwise be prohibited is allowed if specifically approved by the
Department of Natural Resources.
(6)
Open burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire-extinguishing equipment as may be necessary for the total control
of the fire.
(7)
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or water body.
(8)
Except for barbecue, gas and charcoal grills, no burning shall be
undertaken within 25 feet from any combustible material, combustible
wall or partition, exterior window opening, exit access or exit unless
authorized by the Fire Chief.
G.
Burn barrels. No person shall use or maintain a burn barrel in the
Village of Kimberly.
H.
Fire Department practice burns. Except as provided in this section
for Fire Department practice burns, an existing unwanted building
in the Village of Kimberly may not be burned. A building which is
no longer standing may not be used for a practice burn.
(1)
An existing building may be burned only by the Village of Kimberly
Fire Department and only if the Fire Chief determines that the burning
is necessary for practice and instruction of firefighters on fire-fighting
equipment.
(2)
Asphalt shingles and asphalt or plastic siding shall be removed prior
to the practice burn.
(3)
A demolition notification shall be submitted to the Department of
Natural Resources and all asbestos removed prior to the practice burn.
(4)
All ash shall be disposed of in an approved landfill or at an alternative
location approved by the Department of Natural Resources.
(5)
At least five days before a planned practice burn, the Fire Chief
or designee shall notify residents within 500 feet of the site of
the proposed burn.
I.
Burning permits. No person shall start or maintain any open burning
without a burning permit issued by the Village of Kimberly Volunteer
Fire Department.
(1)
An outdoor campfire does not require a permit, provided that the
fire complies with all other applicable provisions of this section.
(2)
When weather conditions warrant, the Fire Chief or the Department
of Natural Resources may declare a burning moratorium on all open
burning and temporarily suspend previously issued burning permits
for open burning.
(3)
A burning permit issued under this section shall require compliance
with all applicable provisions of this section and any additional
special restrictions deemed necessary to protect public health and
safety.
(4)
Any violation of the conditions of a burning permit shall be deemed
a violation of this section. Any violation of this section or the
burning permit shall void the permit.
J.
Liability. A person utilizing or maintaining an outdoor fire shall
be responsible for all fire-suppression costs and any other liability
resulting from damage caused by the fire.
K.
Right of entry and inspection. The Fire Chief or any authorized officer,
agent, employee or representative of the Village of Kimberly Volunteer
Fire Department or the Village of Kimberly who presents credentials
may inspect any property for the purpose of ascertaining compliance
with the provisions of this section. Note: If the owner or occupant
of the premises denies access to the property for this purpose, a
special inspection warrant may be obtained in accordance with § 66.0119,
Wis. Stats.
L.
Enforcement and penalties.
(1)
The Fire Chief or his/her designee and the Village President are
authorized to enforce the provisions of this section.
(2)
The penalty for violation of any portion of this section shall be
a forfeiture of not less than $25 or more than $250 plus the cost
of prosecution. Penalties are doubled for second and subsequent offenses.
A.
State codes. The following orders, rules and regulations of the Department
of Safety and Professional Services, all of which are set forth in
the Wisconsin Administrative Code, as from time to amended, are incorporated
herein by reference and adopted as part of this chapter:
(1)
Chapter Comm 7, Explosives and Fireworks.
(2)
Chapter Comm 10, Flammable, Combustible and Hazardous Liquids.
(3)
Chapter Comm 14, Fire Prevention.
(4)
Chapter Comm 32, Public Employee Safety and Health.
(5)
Chapter Comm 40, Gas Systems.
(6)
Chapter Comm 43, Anhydrous Ammonia.
(7)
Chapters Comm 61 to 65, Commercial Building Code.
(8)
Wisconsin Electrical Code.
D.
Violations. Any violation of any provision of the fire prevention
codes enumerated herein shall be a violation of this Code.
B.
No wooden building now within the said districts which may hereafter
be damaged to the extent of 50% of the fair market value thereof may
be repaired or rebuilt. The amount or extent of damage shall be determined
by the Building Inspector. The decision of the Building Inspector
shall be communicated to the owner of the building in writing by certified
mail or personal service upon him. If within 10 days of said notice
the owner does not raze and remove the building condemned, it shall
be considered a nuisance, and the Village shall proceed to have it
removed and the cost thereof shall be a lien against the property
as a special assessment and shall be collected by the Village Administrator
in the same manner as the taxes of the Village.
C.
No person shall hereafter erect or place or cause to be erected or
placed or enlarged or assist in erecting or placing on any portion
of the said districts above described any building or structure unless
the same is a Type 5 building or better, nor shall any person move
or cause to be moved or assist in moving any wooden building or buildings
from one location to another within the districts.[2]
D.
No person shall hereafter erect, build, place or enlarge or cause
to be erected, built, placed or enlarged any building or structure
within the zones/districts of the Village without a written permit
of the Village Building Inspector, upon the order of the Village Board.
E.
Any person desiring to build, erect, place or enlarge any building
or structure within the said zones/districts of the Village shall
first make and file with the Building Inspector of said Village an
application to the Village Board for permission to do so. The application
shall contain the plan and specifications of the proposed building
or structure, particularly the kind of material to be used, the length,
height and thickness of the external walls thereof and the material
of which such walls are to be built, and what openings, if any, are
to be in the external walls and roof and with what material such openings
shall be covered, and also a description of the lot upon which such
buildings or structure is to be placed.[3]
