[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.
[Adopted 7-10-1995 as Secs. 3-2-2 to 3-2-9 and 3-3-1 of the 1995 Code]
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.[1]
(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[2]
(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:
(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:
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Chapter SPS 307, Explosives and Fireworks
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Chapter SPS 310, Flammable, Combustible and Hazardous Liquids
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Chapter SPS 314, Fire Prevention
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Chapter SPS 332, Public Employee Safety and Health
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Chapter SPS 340, Gas Systems
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Chapter SPS 343, Anhydrous Ammonia
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Chapters SPS 361 to 366, Wisconsin Commercial Building Code
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Wisconsin Electrical Code
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[Adopted 6-2-2008 by Ord. No. 2008-001, ratified 4-2-2012 by Ord. No.
2012-02]
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:
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.
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.
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.
The Village Building Inspector, Fire Chief or Police Chief are
authorized to enforce the provisions of this article as provided herein.
