Village of Clayton, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Clayton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Fire Department — See Ch. 42.

ARTICLE I
General Regulations (§ 253-1 — § 253-9) 

ARTICLE II
Outdoor Solid-Fuel-Fired Heating Devices (§ 253-10 — § 253-13) 

[Adopted 7-10-1995 as Secs. 3-2-2 to 3-2-9 and 3-3-1 of the 1995 Code]

§ 253-1
Impeding fire equipment prohibited. 

§ 253-2
Police power of Fire Department; investigation of fires. 

§ 253-3
Damaging fire hose prohibited; parking by hydrants; blocking fire lanes. 

§ 253-4
Right of entry; destruction of property. 

§ 253-5
Duty of bystanders to assist. 

§ 253-6
Vehicles to yield right-of-way. 

§ 253-7
Interference with use of hydrants prohibited. 

§ 253-8
Restrictions during conditions of extreme danger of fire. 

§ 253-9
Adoption of state standards. 

No person shall impede the progress of the fire engine or fire truck or other fire apparatus of the Clayton 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 Clayton 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 Safety and Professional Services under Ch. 101, Wis. Stats., and Ch. SPS 314, Wis. Adm. Code.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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 Clayton 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 the fire hazard or to the prevention of fires. Such inspections shall be made at least once in each nonoverlapping six-month period as provided under § 101.14(2), Wis. Stats., and § SPS 314.01(13), Wis. Adm. Code

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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 Clerk-Treasurer.

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.

A. 

Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Village of Clayton. This extreme danger of fire affects the health, safety and general welfare of the residents of the Village of Clayton 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 during said emergency.

B. 

Regulation of fires, burning materials and fireworks. Pursuant to § 323.11, Wis. Stats., and 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 briquettes, gas grills or camp stoves on private property; or

(b) 

Charcoal grills using charcoal briquettes, 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 briquettes 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 periods of emergency for which this section shall be in effect shall be during such periods that Polk County, Wisconsin, is under Wisconsin Department of Natural Resources emergency fire regulations banning outdoor smoking and campfires.

(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.

D. 

Chief may prohibit. The Fire Chief is permitted to prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous.

E. 

Burning on streets. No materials may be burned upon any street, curb, gutter or sidewalk.

F. 

Liability. Persons utilizing and maintaining outdoor fires shall be responsible for any liability resulting from damage caused by his fire.

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 article:

Chapter SPS 307, Explosives and Fireworks
Chapter SPS 310, Flammable, Combustible and Hazardous Liquids
Chapter SPS 314, Fire Prevention
Chapter SPS 332, Public Employee Safety and Health
Chapter SPS 340, Gas Systems
Chapter SPS 343, Anhydrous Ammonia
Chapters SPS 361 to 366, Wisconsin Commercial Building Code
Wisconsin Electrical Code
[Adopted 6-2-2008 by Ord. No. 2008-001, ratified 4-2-2012 by Ord. No. 2012-02]

§ 253-10
Definitions. 

§ 253-11
General requirements. 

§ 253-12
Regulation of outdoor solid-fuel-fired heating devices. 

§ 253-13
Duties of Village officials. 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

OUTDOOR SOLID-FUEL-FIRED HEATING DEVICE
Any furnace, equipment, device or apparatus or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water.
PUBLIC NUISANCE
Whoever by his act or failure to perform a legal duty violates this article is subject to compliance of all applicable public nuisance provisions under the Village Code and/or laws of the State of Wisconsin.
STACKS or CHIMNEYS
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid-fuel-fired heating device; specifically the part of such a structure extending above a roof.

Upon the effective date of this article:

A. 

All outdoor solid-fuel-fired heating devices may be located only in the A-1 Agricultural Zoning District and are prohibited in all other zoning districts.

B. 

Storage of firewood and other fuels. Firewood or other fuels may be stored on the property in accordance with all applicable requirements of Chapter 510, Zoning.

C. 

Any dense smoke, noxious fumes, gas and soot or cinders, in unreasonable quantities, may be declared a public nuisance by a properly designated Village authority.

D. 

Outdoor solid-fuel-fired heating devices shall be located at least 200 feet from the nearest building which is not on the same property as the outdoor solid-fuel-fired heating device, at least 100 feet from property line and at least 30 feet from any structure.

E. 

Installation and operation of any outdoor solid-fuel-fired heating device, including stacks and chimneys, shall be in accordance with manufacturer's written instructions and shall be submitted to the Village Building Inspector for review and approval, prior to issuing of permit. In addition, all stacks or chimneys must be installed and constructed to withstand high winds and other related elements and have a band at top of chimney with guy wires sized per manufacturer's recommendations.

F. 

Materials that may not be burned. The following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration 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 (not including clean wood or lumber that has not been painted, varnished or otherwise treated with preservative), or other household or business wastes;

(2) 

Waste oil or other oily wastes;

(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 preservative;

(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;

(7) 

Paints and chemicals; or

(8) 

Any substance which normally emits dense smoke or obnoxious odors.

G. 

Outdoor solid-fuel-fired heating devices or furnaces may be subject to annual inspection by the Fire Chief and/or Building Inspector.

A. 

It shall be unlawful for any person to install, construct, operate or use an outdoor solid-fuel-fired heating device except in the A-1 Agricultural Zoning District as set forth at § 253-11A.

B. 

All existing outdoor solid-fuel-fired heating devices shall comply with all requirements of this article within 45 days from effective date of this article. In addition, all existing nonconforming devices shall be removed, replaced or modified to meet the requirements of this article within 30 days of notification of noncompliance from the Village Building Inspector.

C. 

After the effective date of this article, no person shall install, use, operate or maintain an outdoor solid-fuel-fired heating device or furnace without first obtaining a permit from the Building Inspector.

(1) 

Application for the permit shall be made in writing upon a form furnished by the Village and shall state the name and address of the owner of the property or building where the device or furnace is to be installed or is in use. The applicant shall provide the make, model, serial number and installation manual of the device.

(2) 

Fees for the permits shall be as set by the Village Board.

D. 

Penalty. Any violation of this article shall be punishable according to the provisions of Chapter 20 of this Code as well as all applicable penalty provisions under public nuisance regulations of the Village and State of Wisconsin.

The Village Building Inspector, Fire Chief or Police Chief are authorized to enforce the provisions of this article as provided herein.