A.
It is recognized that the Fire Chief, the Fire Inspector(s), and
such subordinates in the District as the Chief shall designate are
duly authorized as deputies of the Department of Safety and Professional
Services of the State of Wisconsin. The Fire Chief, the Fire Inspector(s),
and such subordinates in said District as the Chief shall designate
are duly authorized agents of the Village for the enforcement of all
the provisions of this chapter and all other standards adopted by
reference herein.
[Amended 10-10-2016]
B.
This chapter shall not be construed to affect the responsibility
of any person owning, operating or installing any equipment for damages
to persons or property caused by any defect therein, nor shall the
Village be held as assuming any such liability by reason of the inspection
or reinspection authorized herein or the permit issued as herein provided
or by reason of the approval or disapproval of any equipment authorized
herein.
The provisions of this chapter shall apply equally to new and
existing conditions, except that existing conditions not in strict
compliance with the terms of this chapter shall be permitted to continue
where the exceptions do not constitute a distinct hazard to life or
adjoining property.
[Amended 10-10-2016]
The Fire Chief shall have power to modify any of the provisions
of the Fire Prevention Code upon application in writing by the owner
or lessee, or his duly authorized agent, when there are practical
difficulties in the way of carrying out the strict letter of this
chapter, provided that the spirit of this chapter shall be observed,
public safety secured, and substantial justice done. The particulars
of such modification, when granted or allowed, and the decision of
the Fire Chief thereon shall be entered upon the records of the District
and a signed copy shall be furnished to the applicant.
[Amended 10-10-2016]
The Fire Chief, the Fire Inspector(s), and such subordinates
in said District as the Chief shall designate shall be responsible
for having all public buildings and places of employment, to include
any building or structure located on such property, inspected 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.
[Amended 10-10-2016; 8-27-2018]
The Fire Chief shall inspect or cause to be inspected by the
Fire Inspector(s) or such subordinates in said District as the Chief
shall designate at least once per nonoverlapping twelve-month period
each calendar year, or as often as may be necessary, all buildings
and premises described in this Chapter.
[Amended 3-13-2006]
The Fire Chief may obtain a special inspection warrant as granted
under § 66.0119, Wis. Stats., when necessary in his opinion
for the purpose of making an inspection or investigation of any building
or premises where the owner has either failed to respond to previous
orders for entry or has refused entry.
[Amended 10-10-2016]
Whenever the Fire Chief, any Fire Inspector(s), or such subordinates
in said District as the Chief shall designate shall find in any building
or on any premises any condition liable to cause fire, or any violation
of any law or ordinance relating to fire hazards or to the prevention
of fires, or any condition which interferes with the life, health
or safety of any individual or occupant, they shall order the same
to be removed or remedied.
[Amended 10-10-2016]
The service of orders under this chapter may be made upon either
the occupant of the premises to which it is directed, the owner of
the premises, or both. Any such order may be given verbally, handwritten
on an approved inspection form or typed and delivered to such occupant
personally or by placing such order in a conspicuous place on the
door to the entrance of the premises. Whenever it may be necessary
to serve an order upon the owner of the premises, such an order may
be served by either hand delivering to and leaving a copy with such
a person or, if such owner is absent from the jurisdiction of the
District making the order, by mailing a copy to the owner's last known
address.
Any such order given shall forthwith be complied with by the
owner and occupant of such building, structure or premises. The owner
or occupant may, within 72 hours of the receipt of such order, appeal
to the Fire Chief in writing for a review of such order, who shall
thereafter as soon as possible file his decision. Unless such order
is revoked or modified by the Fire Chief, it shall remain in full
force and shall be complied with in the time fixed in said order.
Appeals of orders in conflict with orders of the Department of Safety
and Professional Services may be made pursuant to § SPS
314.01(9)(b), Wis. Adm. Code.
[Amended 10-10-2016]
Whenever the Fire Chief shall disapprove an application or refuse
to grant a permit applied for, or when it is claimed that the provisions
of this chapter do not apply or that the true intent and meaning of
this chapter have been misconstrued or wrongly interpreted, the applicant
may appeal from the decision of the Fire Chief to the District Board
within 10 days from the date of the decision of the Fire Chief. In
the event of such an appeal, the District Board shall set a time and
place for hearing thereof and give to the appellant at least 10 days'
notice thereof by mail or personally.
A.
The Fire Chief shall investigate the cause, origin and circumstances
of every fire occurring in the Village which is of suspicious nature
or which involves loss of life or injury to persons or by which property
has been destroyed or substantially damaged. Such investigations shall
be begun immediately upon the occurrence of such a fire by the fire
officer in whose district the fire occurs, and, if it appears that
such fire is of suspicious origin, the Fire Chief shall take charge
immediately of the physical evidence, shall notify the proper authorities
designated by law to pursue the investigation of such matters, and
shall further cooperate with the authorities in the collection of
evidence and in the prosecution of the case.
B.
The Village Attorney and the Police Department, upon request of the
Fire Chief, shall assist in the investigation of any fire which, in
the opinion of the Fire Chief, is of suspicious origin.
[Amended 10-10-2016]
The Fire Chief shall keep a record of all fires and of all the
facts concerning the same, including statistics as to the extent of
such fires and the damage caused thereby and whether such losses were
covered by insurance and, if so, in what amount. Such record shall
be made daily from the reports made by the District officers and inspectors.
All such records shall be public.
[Amended 10-10-2016]
A report of the District shall be made annually and transmitted
to the District Board; it shall contain all proceedings under this
chapter, with such statistics as the Fire Chief may wish to include
therein. The Fire Chief shall also recommend any amendments to this
chapter which, in his judgment, shall be desirable.
[Amended 10-10-2016; 8-27-2018]
Any person, firm or corporation who violates this Chapter, and/or fails to comply with any orders issued pursuant to this Chapter by the Fire Chief, the Fire Inspector(s), or such subordinate in said District as the Chief shall designate, shall be subject to § 1-2 of this Code.
