[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted as §§ 5-2-2 to 5-2-8 and 5-3-1 of
the 1993 Code of Ordinances]
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Howards Grove 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 Chief may prescribe certain limits in the vicinity of any
fire within which no persons, excepting firefighters and policemen
and those admitted by order of any officer of the Department, shall
be permitted to come.
(3)
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, or his designee, shall be the Fire Inspector of the
Village of Howards Grove 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, 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 Howards
Grove at all reasonable hours for the purpose of making inspections
or investigations which, under the provisions of this Code of Ordinances,
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
are 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 six months in all of the territory served by the Fire Department,
and not less than once in three months in such territory as the Village
Board has designated or thereafter designates as within the Village
or as a congested district subject to conflagration, and oftener as
the Chief of the Fire Department orders. Each six-month period shall
begin on January 1 and July 1, and each three-month period on January
1, April 1, July 1 and October 1 of each year.
(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.
[Amended 11-21-2017 by Ord. No. 2017-03]
A.
Driving over fire hose. No person shall willfully injure in any manner
any hose, hydrant or fire apparatus belonging to the Howards Grove
Fire Department, 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 reusing 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 11-21-2017 by Ord. No. 2017-03]
The following orders, rules and regulations of the Department
of Safety and Professional Services and the Department of Agriculture,
Trade and Consumer Protection, 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:
A.
Chapter
ATCP 93, Flammable, Combustible and Hazardous Liquids.
B.
Chapter
SPS 307, Explosives and Fireworks.
C.
Chapter
SPS 314, Fire Prevention.
D.
Chapter
SPS 332, Public Employee Safety and Health.
E.
Chapter
SPS 340, Gas Systems.
F.
Chapter
SPS 343, Anhydrous Ammonia.
G.
Chapters
SPS 361 to SPS 366, Commercial Building Code.
H.
Wisconsin
Electrical Code.
[Adopted as Title 5, Ch. 4, of the 1993 Code of Ordinances]
This article 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 Howards Grove
due to the air pollution and fire hazards of open burning, outdoor
burning and refuse burning.
This article applies to all outdoor burning and refuse burning
within the Village of Howards Grove.
A.
This article does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B.
This article 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 § 218-11 of this article.
C.
This article does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this article the enumerated terms, words and phrases
shall be defined as follows:
A small outdoor fire intended for recreation or cooking not
including a fire intended for disposal of waste wood or refuse.
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 Howards Grove Fire Department or other person
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.
Open burning, outdoor burning and refuse burning are prohibited
in the Village of Howards Grove unless the burning is specifically
permitted by this article.
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:
A.
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.
B.
Waste oil or other oily wastes except used oil burned in a heating
device for energy recovery subject to the restrictions in Chapter
NR 679, Wisconsin Administrative Code.
C.
Asphalt and products containing asphalt.
D.
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.
E.
Any plastic material including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films
and plastic containers.
F.
Rubber including tires and synthetic rubber-like products.
Open burning of leaves, weeds and other vegetative debris is
prohibited. Open burning of clean wood, trees, brush and stumps is
allowed only in accordance with the following provisions:
A.
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.
B.
Except for 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.
C.
Outdoor campfires 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. The size of the clean wood to be
burned shall not exceed three feet in any direction horizontally,
or two feet measured vertically.[1]
D.
Campfires must be located at least 15 feet from any structure, wood
or lumber pile, wooden fence, trees or bushes or property line.
E.
Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance
of rights-of-way is allowed if approved by the Fire Chief and if in
accordance with other provisions of this article.
F.
Open burning under this section shall only be conducted at a location
at least 100 feet from the nearest building which is not on the same
property.
(1)
The
size of material to be burned shall not exceed five feet in any direction
measured horizontally, or four feet measured vertically.
(2)
Open
burning shall be constantly attended and supervised by a competent
person of at least 16 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.
G.
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of lake, pond, and stream or water body.
H.
Except for gas and charcoal grills, no burning shall be undertaken
within 15 feet of any combustible material, combustible wall or partition,
exterior window opening, exit access or exit unless authorized by
the Fire Chief.
I.
No open burning may be conducted on days when the Department of Natural
Resources has declared an ozone action day applicable to the Village
of Howards Grove.
No person shall use or maintain a burn barrel in the Village
of Howards Grove.
No person shall install, use or maintain an outdoor wood-fired
furnace in the Village of Howards Grove.
Except as provided in this section for Fire Department practice
burns, an existing unwanted building in the Village of Howards Grove
may not be burned. A building which is no longer standing may not
be used for a practice burn.
A.
An existing building may be burned only by the Howards Grove Fire
Department and only if the Fire Chief determines that the burning
is necessary for practice and instruction of firefighters or firefighting
equipment.
B.
Asphalt shingles and asphalt or plastic siding shall be removed prior
to the practice burn unless the Fire Chief determines that they are
necessary for the fire practice.
C.
A demolition notification shall be submitted to the Department of
Natural Resources and all asbestos removed prior to the practice burn.
D.
All ash shall be disposed of in an approved landfill or at an alternative
location approved by the Department of Natural Resources.
E.
At least 48 hours before a planned practice burn, the Fire Chief
or designee shall notify residents within 1,000 feet of the site of
the proposed burn.
Notwithstanding § 218-13G of this article, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this article.
A.
Burning permits.
(1)
No person shall start or maintain any open burning without a burning
permit issued by the Fire Chief or his/her designee.
(2)
An outdoor campfire does not require a permit, provided that the
fire complies with all other applicable provisions of this article.
(3)
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.
(4)
A burning permit issued under this section shall require compliance
with all applicable provisions of this article and any additional
special restrictions deemed necessary to protect public health and
safety.
(5)
Any violation of the conditions of a burning permit shall be deemed
a violation of this article. Any violation of this article or the
burning permit shall void the permit.
B.
Application for permit.
(1)
Procedure for issuance of burning permit. Before the setting or starting
of any open burning permitted under this article, a permit authorizing
the burn shall be first obtained by the owner, operator, or agent
from the Fire Chief or from such other person as may be authorized or designated by the Fire Chief
to issue such permits. Application for a burning permit shall be made
in writing upon a form furnished by the Fire Chief. The Fire Chief
may also establish from time to time special rules or restrictions
relating to open burning by permit. Such rules may govern conditions,
including, but not necessarily limited to, the following:
(a)
Hours when burning is allowed.
(b)
Day(s) when burning is allowed.
(c)
Material which may or may not be burned.
(d)
Whether open burning is allowed or whether burning is only allowed
with an approved incinerator or burning device.
(e)
The length of time the permit is valid.
(f)
What constitutes an approved burning device or incinerator.
(g)
The size of the material pile burned by open burning.
(h)
The distance or distances to be maintained between the material
being burned and other flammable material.
(i)
Supervision required for burning, including minimum age of supervisors
and type of fire-extinguishing equipment which must be present at
the burn site.
(j)
The manner in which ashes created by the burning under the permit
are to be disposed.
(2)
Issuance of permit. If the Fire Chief, or other person authorized
or designated by the Fire Chief to issue such permits, finds that
the proposed burning complies with all Village ordinances and the
regulations contained in Ch. NR 429 and § NR 502.11, Wis.
Adm. Code, he shall approve the application, and a burning permit
shall be subsequently issued to the applicant. A copy of any burning
permit and the application therefor shall be kept on file with the
Fire Chief and notification shall be given to the Village Clerk-Treasurer.
A burning permit may be valid for a maximum of 15 days from the date
when issued. The Fire Chief shall determine the expiration date of
the permit.
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. The issuance of a permit under this article
does not constitute a warranty or guaranty that any method, construction,
product, service or building is free from the risk of fire. The applicant
assumes all risks.
The Fire Chief or any authorized officer, agent, employee or
representative of the Village of Howards Grove who presents credentials
may inspect any property for the purpose of ascertaining compliance
with the provisions of this article. 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.
