Village of Fredonia, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fredonia as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 68.
Open burning — See Ch. 214.
Fireworks — See Ch. 298.
Hazardous materials — See Ch. 314.
[Adopted as Secs. 5-2-2 to 5-2-10 of the 1995 Code]
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Fredonia 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. 
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.
B. 
The Fire Chief may prescribe certain limits in the vicinity of any fire within which no persons, excepting firefighters and police officers and those admitted by order of any officer of the Department, shall be permitted to come.
C. 
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.
A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Fredonia 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 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.
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 Chief 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 the request of the Chief of the Fire Department, shall assist in the investigation of any fire which, in the opinion of the Chief of the Fire Department, is of suspicious origin.
A report of the Fire Department shall be made annually and transmitted to the Fredonia Village Board. It shall contain all proceedings under this article, which such statistics as the Fire Chief may wish to include therein. The Fire Chief shall also recommend any amendments to the article which, in his judgment, shall be desirable.
A. 
Responsibility. The Chief shall have control of all apparatus as used by the Department and shall be responsible for its proper maintenance. Emergency repairs may be authorized by the Chief, or the next officer in charge in the Chief's absence, after checking with the Village President and the Public Safety Committee Chairman.
B. 
Use. No apparatus shall be used for any purpose except for firefighting or training, except pursuant to an agreement approved by the Village Board, after the Chief has given his recommendations for such use.
[Adopted as Secs. 5-3-1 to 5-3-11, 5-3-13 to 5-3-18 of the 1995 Code]
It is the intent of this article to prescribe regulations consistent with recognized standard practice for the safeguarding to a responsible degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life and property in the use or occupancy of buildings or premises.
A. 
General applicability. The provisions of this article shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this article shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property.
B. 
Exceptions. Nothing contained in this article shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military forces of the United States.
A. 
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 time amended, and in the NFPA 1 Fire Prevention Code, as from time to time amended, are incorporated herein by reference and adopted as part of this Fire Prevention Chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Ch. SPS 307, Explosives and Fireworks
Ch. SPS 310, Flammable and Combustible Liquids
Ch. SPS 314, Fire Prevention
Ch. SPS 332, Public Employee Safety and Health
Ch. SPS 340, Gas Systems
Ch. SPS 343, Anhydrous Ammonia
Chs. SPS 361 to 365, Commercial Building Code
Wisconsin Electrical Code
B. 
Whenever the provisions of the aforementioned codes conflict, the stricter interpretation shall apply.
C. 
Copies of each of said codes are on file in the office of the Chief of the Fire Department of the Village of Fredonia and shall remain so filed and be, at all reasonable times, open to inspection by any interested persons.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the following meanings.
APPROVAL
Listed or approved by Underwriters' Laboratories Inc., Factory Mutual Research Corp., the National Bureau of Standards, the American Gas Association Laboratories or other nationally recognized testing authorities and accepted by the Fire Chief as a result of his investigations and experiences.
AUTOMATIC FIRE WARNING SYSTEM
A supervised system which automatically detects a fire condition, actuates a fire alarm signal device and indicates the location from which the signal originates.
DWELLING
A building occupied exclusively for residence purposes and having not more than two apartments or as a boarding or rooming house serving not more than five persons with meals or sleeping accommodations, or both.
ICC CONTAINER
Any container approved by the Interstate Commerce Commission for shipping any liquid, gaseous or solid material of a flammable, toxic or other hazardous nature.
INSTITUTIONAL BUILDING
A building in which persons are harbored to receive medical, charitable or other care or treatment, or in which persons are held or detained by reason of public or civic duty or for correctional purposes.
MULTIFAMILY DWELLING
A building, or portion thereof, containing three or more dwelling units, occupied as the home or residence of individuals, families or households living independently of each other, including tenement house, apartment, flat, townhouse, row house, condominium, dormitory, boarding or rooming house serving more than five persons with meals or sleeping accommodations, or both.
PERSON
Includes person, persons, firm, corporation or copartnership.
PUBLIC BUILDING
A building in which persons congregate for civic, political, education, religious, social or recreational purposes.
RESIDENCE BUILDING
Except when classed as an institutional building, means a building in which sleeping accommodations are provided.
The Fire Chief, or any subordinate designated by him, may, at all reasonable hours, enter any building or premises within his jurisdiction for the purpose of making any inspection or investigation which, under the provisions of this article, he or they may deem necessary to be made. Private dwellings shall not be entered without the consent or permission of an adult occupant.
A. 
The Fire Chief, or his designee, shall be the Fire Inspector of the Village of Fredonia 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.
B. 
While acting as Fire Inspector pursuant to § 101.14(1)(b), 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 Fredonia 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 be not complied with, to report such noncompliance to the Village Board for further action.
C. 
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 preventions 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.
D. 
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 Fire Chief.
The Chief of the Fire Department 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. All such records shall be public.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Chief shall have power to modify any of the provisions of this 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 the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief thereon shall be entered upon the records of the Department, and a signed copy shall be furnished the applicant.
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 article do not apply or that the true intent and meaning of the chapter have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Village Board within 10 days from the date of the decision of the Fire Chief. In the event of such appeal, the Board shall set a time and place for hearing hereof and give to the appellant at least 10 days' notice thereof by mail or personally.
A. 
Intent. To ensure adequate water supply for firefighting purposes to new structures, buildings, tank farms, lumber yards, commercial or industrial complexes located at extended distances from Village water hydrants on private property.
B. 
Where required. At any tank farm, lumber yard, commercial or industrial complex, any structure or building now existing or hereafter erected or structurally altered to increase the floor area by 50% or more shall provide, at the owner's expense, an approved water hydrant when such building is set back 250 feet or more from any street or highway or is located more than 500 feet from a Village water hydrant. Required hydrants shall be freestanding and shall be located not more than 50 feet or less than 25 feet from the building. One hydrant shall be located not more than 50 feet or less than 25 feet from the main entrance to such building. Additional hydrants shall be provided around the perimeter of the building so that no water hydrant is more than 500 feet from any other approved hydrant by normal access routes. All water hydrants shall be located within 10 feet of an all-weather road and shall be accessible at all times to the Fire Department. The water main serving the hydrant shall be ductile iron and shall not be less than eight inches in diameter. Hydrant leads shall be ductile iron or PVC and shall be six inches in diameter.
C. 
Fire equipment on private property. The Fire Department, through its authorized representative, must approve all fire hydrants, standpipes and sprinkler systems for commercial, industrial or institutional buildings or properties. A permit must be issued before such equipment may be installed. Hydrants to be used on such properties shall be of a type approved by the Fredonia Utility Committee and be consistent with the type universally used in the Village of Fredonia. The hydrant must open to the right with a Fredonia standard operating unit. Hydrants are to be placed with six feet of earth cover and sufficient drainage bedding to allow the hydrant to drain dry. Hose connection for Class 1 standpipes and Fire Department connections for sprinkler and standpipe connections shall be 2 1/2 inch diameter and shall have national standard couplings. Connection points shall be between three feet and four feet above the finished property grade. All hydrants shall be painted standard red. All sprinkler and standpipe connections shall be painted red.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Permits.
(1) 
Building permits. No building permit for any building covered by this section shall be issued unless the Building Inspector's copy of the plans for the proposed building has been stamped "Approved" by the Fredonia Fire Department.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Construction inspections. While a covered building is under construction, the Building Inspector, Plumbing Inspector, Electrical Inspector and Fredonia Fire Department Inspector will share jointly in the responsibility of conducting inspections to see that the provisions of this Code have been carried out.
A. 
Lights and devices. No person shall take an open flame or light into any building, barn, vessel, boat or any other place where highly flammable, combustible or explosive material is kept, unless such light or flame shall be well-secured in a glass globe, wire-mesh cage or similar approved device.
B. 
Place of assembly. No open flames, candles or other open flame fixture, whether equipped with a guard or not, shall be used in any place of assembly, except within duly constituted church or lodge buildings. Such open flame candles or other flame fixtures, whether equipped with a guard or not, shall not be used in auditoriums or church or lodge buildings, except when such candles or fixtures are actually held by persons seated, standing or in procession in such auditorium. Such candles or fixtures need not be held by persons in the auditorium if they are securely supported on noncombustible bases, the flame is at least seven feet above the floor, are so located as to avoid danger of ignition of combustible material, are under constant observation and supervision by a responsible person designated for each aisle, are kept lighted only when necessary during the ceremony or ritual and extinguished before the occupants leave the auditorium.
C. 
Stages. Open flame devices may be used on stages or church altars where a necessary part of the theatrical or religious performance requires, provided adequate precautions satisfactory to the Chief of the Fire Department are taken to prevent ignitions of any combustible materials.
D. 
Restaurants. Open flame devices used for the warming of food may be used in restaurants and dining areas, provided such devices and their location are approved by the Fire Chief.
E. 
Exceptions. The use of other open flame light and devices not herein regulated may be permitted by the Fire Chief under such restrictions as, in his judgment, are necessary to avoid danger of ignition of combustible material or injury to persons.
A. 
Hot ashes and other dangerous materials. No person shall deposit hot ashes or cinders, or smoldering coals, or greasy or oily substances liable to spontaneous ignition into any wooden receptacle or place the same within 10 feet of any combustible materials, except in metal or other noncombustible receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground outside the building, shall be placed on noncombustible stands and, in every case, must be kept at least two feet away from any combustible wall or partition. Ashes or cinders shall be cold before Village rubbish collection.
B. 
Accumulations of waste materials. Accumulations of wastepaper, hay, grass, straw, weeds, litter or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or in any court, yard, vacant lot or open space. All weeds, grass, vines or other growth, when the same endangers property or is liable to be fired, shall be cut down and removed by the owner or occupant of the property it is on.
C. 
Regulating storage and handling of gasoline within the Village.
(1) 
No person, firm or corporation shall store or handle gasoline in quantities of more than 10 gallons on private premises unless he has first obtained a written permit from the Village Fire Chief certifying compliance with the requirements of this article and any further reasonable conditions imposed by the Chief for the preservation of life and property.
(2) 
The Fire Chief may revoke a permit issued hereunder at any time if he determines that the permittee has violated any provision of this article or failed to comply with any order of the Chief for the reduction of fire hazards or the protection of life or property, subject to the right of the permittee to appeal within one day of the date of revocation to the Village Board for review of the Chief's action or order.
D. 
Definitions. The following definitions shall apply to terms under this section:
CLOSED CONTAINER
A metal container so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.
PRIVATE PREMISES
Any one- or two-family dwelling or other structure which is not a public building or place of employment as defined in the Wisconsin Statutes or not an apartment building as defined in the Wisconsin Administrative Code, and the lot or parcel of land upon which such dwelling or structure is located and also any vacant lot located in a residential district as set forth in the Village Zoning Code.[1] (Any block in which 50% or more of the frontage on the same side of the street is devoted to non-business or non-industrial uses.)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
SAFETY CAN
A metal container of not over five gallons' capacity of a type approved by agencies of the State of Wisconsin as safe for the storage of small quantities of flammable liquids and equipped with an automatic spring-closing lid and spout cover.
STORE and STORAGE
To keep on hand for future use, but does not include gasoline contained in the motor fuel supply tank of less than 275 gallons' capacity connected to an internal combustion engine, provided such tank is leak-free, securely capped and protected by all necessary safety appliances.
[1]
Editor's Note: See Ch. 575, Zoning.
A. 
Order to eliminate. Whenever any of the officers or inspectors of the Fire Department shall find in any building or upon any premises dangerous or hazardous conditions as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such a manner as they may be specified in the order:
(1) 
Dangerous or unlawful amounts of combustible or explosive matter.
(2) 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive matter.
(3) 
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.
(4) 
Accumulations of dust or waste materials in air-conditioning systems or of grease in kitchen exhaust ducts.
(5) 
Obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
(6) 
Any building or other structure which for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, creates a fire hazard or threat to life and safety.
B. 
Service of orders.
(1) 
The service of such orders may be made upon the owners, occupant or other person responsible for the conditions, either by delivering a copy of the same personally or by delivering the same to and leaving it with any person in charge of the premises or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served whether by delivering it to and leaving with the person a copy of the order or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last-known post office address.
(2) 
If building 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 rules or orders require the making of additions to or changes in the premises themselves, such as would immediately become real estate and be the property of the owner of the premises; in such cases, the rules or orders shall affect the owner and not the occupant unless it is otherwise agreed between the owner and the occupant.
The Fire Chief is hereby empowered to designate the number, type and location of fire extinguishers as may be deemed necessary in addition to those now required by law in all existing buildings and structures and in all buildings and structures hereafter erected.
A. 
Requirement for. When required by the Fire Department, hard-surfaced driving lanes shall be provided around facilities which, by their size, location, design or contents warrant access which exceeds that normally provided by the proximity of Village streets.
B. 
General provisions. Lanes shall provide a minimum, unobstructed continuous width and height of 12 feet. Lanes shall be identified by a four-inch-wide line and block letters two feet high, painted in the lane, at fifty-foot intervals stating, "Fire Lane - No Parking," color to be bright yellow, or by the posting of signs stating "Fire Lane - No Parking." Signs shall be posted on or immediately next to the curbline, or on the building. Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting colors, readily readable from at least a fifty-foot distance. Signs shall be spaced no further than 50 feet apart. Signs shall be mounted a minimum of four feet and a maximum of 6 1/2 feet from the pavement to the bottom edge of the sign. Fire lanes shall be either asphalt or reinforced concrete, four inches thick minimum, or, when specifically authorized by the Fire Department, compacted crushed rock may be used. Where fire lanes connect to Village street or parking lots, adequate clearances and turning radii shall be provided. All proposed plans for such lanes must have Fire Department approval.
C. 
Fire lanes as part of driveways and/or parking areas. The Fire Department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas, when specified, shall be marked or identified by one of the two means detailed in Subsection B above.
D. 
Existing buildings. When, by his judgment, the Chief of the Fire Department determines that a hazard due to inaccessibility of fire apparatus exists around existing buildings, he may require fire lanes to be constructed and maintained as detailed in Subsections B and C above.
E. 
Prohibitions. Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This Fire Prevention Code shall be enforced by the Chief of the Fire Department of the Village of Fredonia and such subordinates in said department as the Chief shall designate or by the Village Marshal of Fredonia. The Village Building, Plumbing and Electrical Inspectors shall cooperate with the Fire Department in enforcing this article.