[HISTORY: Adopted by the Common Council of the City of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 5.04
to 5.14 of the 2005 Code]
No person shall willfully offer any hindrance or resistance
to the firefighters in the discharge of their duties, nor injure,
in any manner, any hose, fire engine or other fire apparatus belonging
to the City, and no person shall operate or drive any vehicle over
the hose belonging to the Fire Department of the City which may be
laid in the streets, or at any other place in the City, while the
same is being used for fire protection purposes.
No person shall refuse to obey any reasonable order of the Mayor,
Fire Chief or other officer in charge at any fire, given to assist
in the extinguishment of such fire or to maintain order in the vicinity
thereof.
See § 327-14.
No engine or fire apparatus shall be applied to private use
or be taken from the firehouse where it is usually kept, except in
case of an alarm of fire or for practice, or upon orders of the Fire
Chief.
The owner or occupant of any building, lot or parcel of land
where there is any accumulation of wreckage, lumber, or flammable
or combustible trash of any kind liable to add to the danger of accidental
fire shall remove the same within the time specified in and following
receipt of written notice to do so from the Fire Inspector.
[Amended 9-15-2008 by Ord. No. 2008-08]
A.
Pursuant to § 101.14(2)(b), Wis. Stats., the Chief of the
Fire Department shall provide for the inspection of every public building
and place of employment to determine and cause to be eliminated any
fire hazard or any violation of any law relating to fire hazards or
to the prevention of fires.
B.
Pursuant to § SPS 314.01(13)(b)7, Wis. Adm. Code, the Chief
of the Fire Department or his authorized designee shall inspect, or
cause to be inspected, at least once in each calendar year, provided
the interval between those inspections does not exceed 15 months,
all public buildings, structures, premises and places of employment
located within the area served by said Fire Department. The Fire Chief
or his designee may require more frequent inspections if so deemed
necessary. The purpose of such inspections is to ascertain and, if
necessary, correct any condition or conditions liable to cause fire
or correct a violation of the law or lawful orders relating to conditions
or circumstances found as a result of previous inspections.
C.
Whenever any such Fire Inspector finds in any building or structure
or upon any premises combustible waste materials or explosive matter,
which is so situated or used so as to endanger life or property, or
finds in any building or structure obstructions of exits, or storage
of material on or in fire escapes, stairs, passage ways, doors, or
windows, which obstruction or storage would interfere with the operations
of the Fire Department or interfere with the safe egress of occupants
in case of an emergency, said Fire Inspector shall order the same
removed or remedied.
[Amended 11-17-2014 by Ord. No. 2014-05]
D.
Whenever any such Fire Inspector finds any building or structure
which, for lack of repairs, required exits, required fire alarm systems
or fire extinguishing equipment, appliances, or devices, or for lack
of maintenance thereof, or which, for any cause whatsoever, is especially
susceptible to fire, or which is so situated as to endanger the occupants
thereof, or endanger adjacent property, and wherever any such Fire
Inspector finds in any building or structure or upon any premises
any violation of this article, other ordinances, related state statutes,
administrative code provision or the like, he shall order such violations
discontinued at once and order the removal of the conditions dangerous
to the safety of any such building, structure or premises, or the
occupants thereof or adjacent thereto.
[Amended 11-17-2014 by Ord. No. 2014-05]
E.
Whenever any such Fire Inspector finds in any existing building or
structure, because of its occupancy or use, that additional exits
are required, or repairs to existing exits are necessary, or where
it appears that any building or structure or part thereof is unsafe
or unsanitary, or is occupied or is used in violation of this article,
other ordinances, state statutes or administrative codes, the Fire
Inspector shall notify the City of Lancaster Building Inspector, Chief
of Police, City Administrator, and City Clerk/Treasurer as the circumstances
may require of such conditions.
[Amended 11-17-2014 by Ord. No. 2014-05]
A.
The Chief of the Fire Department may order compliance with the regulations
of this article and all other laws and lawful orders relating to fire
prevention and/or protection in all existing buildings and structures
governed by this fire prevention code located within the area served
by said Fire Department.
B.
The Chief of the Fire Department shall close any building or structure,
and order vacated, wherein violations of any regulations of this article
are found and not corrected within a reasonable time stipulated by
said Chief.
C.
Where the public is exposed to immediate danger, the Chief of the
Fire Department shall order the closing and vacating of the building,
structure or premises at once.
A.
Any notices or orders issued for the correction of violations under
this article shall be served upon the owner, occupant or other person
responsible for the conditions, either by delivering the same to or
leaving it with any person in charge of the premises or by mailing
the notice or order to the last known post office address of the person
responsible. In case no such person is found upon the premises, such
orders may be served by affixing a copy thereof in a conspicuous place
on the door to the entrance to such building or structure upon the
premises.
B.
It is unlawful for any person to remove such affixed notice without
the written consent of the City Clerk/Treasurer.
C.
Whenever it may be necessary to serve an order upon the owner of
the premises, such order may be served either by delivery to and leaving
with the person a copy of the order, or, if such person cannot be
found, the order may be mailed to the owner's last known post
office address.
D.
If buildings, structures, or other premises are owned by one person
and occupied by another, under lease or otherwise, the orders issued
in connection with the enforcing of this article shall apply to the
occupant thereof, except where the order requires the making of additional
changes in the buildings, structures or premises themselves, such
as would immediately become real estate and be the property of the
owner of the premises. In such cases, the orders shall affect the
owner only, unless it is otherwise agreed between the owner and the
occupant.
E.
Any such order shall be complied with by the owner and/or the occupant
of such building, structure or premises within the time period prescribed
in such order. The owner or occupant may, within five days, appeal
to the Chief of the Fire Department for a review of such order, who
shall thereafter make the necessary investigation and decision. Unless
and until the order is revoked or modified by the Chief of the Fire
Department, it shall remain in force and be complied with within the
time prescribed.
[Amended 11-17-2014 by Ord. No. 2014-05]
Any violation of the provisions of this article related to fire inspections or any orders issued pursuant to said inspections shall subject the violator to a penalty as provided in § 1-4 of this Code. Every person who violates the provisions of this article is guilty of a separate offense for every 24 hours such violation continues and shall be subject to a separate penalty for each and every offense.
[Added 11-20-2006 by Ord. No. 2006-05]
A.
HAZARDOUS MATERIALS
VEHICLE
WORKING FIRE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Those materials set forth in §§ 323.60(1)(g)
and 299.80(1)(h), Wis. Stats., or any amendments to same.
Automobiles, trucks, trucks and trailers, trains, boats,
barges, and all other watercraft, snowmobiles, airplanes, motorcycles,
tractors, farm machinery and all-terrain vehicles.
Any fire requiring the use of an extinguishing agent or the
removal of a burning or smoldering object from a structure.
B.
The owner of property shall be liable to the City of Lancaster for
the actual expense, however, not to exceed $500, incurred by the Lancaster
Fire Department under the following circumstances:
C.
The owner of property shall be liable to the City of Lancaster for
the actual expense, however, not to exceed $250, incurred by the Lancaster
Fire Department under the following circumstances:
[Amended 11-20-2008 by Ord. No. 2008-13]
Except as otherwise provided, any person who shall violate any provision of this article shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Municipal Code.
[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 9.15
and 9.30(1) of the 2005 Code]
[Amended 11-17-2014 by Ord. No. 2014-05]
Open burning of any kind shall be prohibited except with the
written permission of the Fire Chief, copied to the Chief of Police.
A.
The City
does not allow the burning of yard waste, construction debris, brush,
leaves, etc.
B.
The use
of burning barrels is prohibited.
C.
Burning
in the street is prohibited.
D.
If the
Police Department observes or receives a complaint it will respond
and can, at its discretion, order the fire extinguished for any violation
of the listed conditions, or if it is determined the fire is creating
a hazard or nuisance. The police officer alone will determine if the
fire is creating a hazard or nuisance.
E.
Permission
of the property owner is required before starting a fire.
F.
Exceptions.
(1)
This
section shall not apply to the following:
(a)
Campfire rings. A stone, metallic or nonburnable material or other
approved device designed for safe outdoor use. The fire area cannot
exceed four feet.
(b)
Fire pits. Bowls or pits designed for the holding of wood.
(c)
Outdoor fireplaces, available through many local department stores.
They must be in accordance with all manufacturer's safety requirements.
(d)
Clay fireplaces (chimineas).
(2)
All
above-named devices are subject to the following conditions:
(a)
They shall not be used within 15 feet of a building or lot line.
(b)
They shall be used on a stable, level surface.
(c)
They shall not be used on any combustible deck, porch or patio.
(d)
They can only use clean, dry wood. No trash, yard waste, leaves or
construction materials, recyclable materials, plastic, rubber, clothing,
papers or other related materials shall be burned.
(e)
Smoke shall not create a nuisance.
(f)
They shall have a garden hose, fire extinguisher or other method
of fire control readily available.
(g)
They must be supervised at all times by a responsible adult. The
fire must be completely extinguished before it is left unsupervised.
(h)
They shall not be operated when a drought advisory is in effect.
(i)
They shall be operated in accordance with the manufacturer's assembly,
safety and operating instructions.
(j)
Fire cannot exceed four feet in height from the ground up.
(3)
Additional
conditions.
(a)
Fireplaces shall include a bowl with supports to ensure clearances
to combustibles.
(b)
Fire pits must be covered when not in use, with a heavy enough material
to allow for walking over the top.
(c)
Clay fireplaces must have a spark arrestor on the flue and a spark
screen to cover the opening. Clay fireplaces shall not be used within
four feet of any combustible materials or in high winds.
G.
Sky lanterns
are not allowed within the City.
H.
Charcoal
and LP grills shall not be operated on combustible balconies or within
10 feet of combustible construction. Coals must be completely cooled
with water before disposing. All ashes shall be contained in a noncombustible
container.
No person shall start or maintain a fire in the public parks
or upon public property within the City except in designated areas
or except in accordance with this article.
Except as otherwise provided in this article, any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Municipal Code.
