[HISTORY: Adopted by the Village Board of the Village of
Denmark at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
The Fire Chief and his assistants or officers in command are
hereby vested with full and complete police authority at fires and
may cause the arrest of any person failing to give the right-of-way
to the Denmark Volunteer Fire Department responding to a fire call.
The Fire Chief, or his designee, 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 spread
of fire or protect adjoining property, and during the progress of
any fire the Fire Chief, or his designee, may order the removal or
destruction of any property necessary to prevent the further spread
of the fire. The Fire Chief, or his designee, shall also 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 impede
the work of the Denmark Volunteer Fire Department during the progress
of a fire.
It shall be lawful for any firefighter acting under the direction
of the Fire Chief or any officer in command to enter upon the premises
adjacent to or in the vicinity of any building or other property then
on fire for the purpose of extinguishing such fire, and no person
shall hinder, resist or obstruct any firefighter in the discharge
of his duty as hereinbefore provided; the person so offending shall
be deemed guilty of resisting firefighters in the discharge of their
duty.
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 refusing to obey said orders.
No person shall give or send, or cause to be given or sent,
in any manner any alarm of fire which he knows to be false.
No person shall willfully injure in any manner any hose, hydrant
or fire apparatus belonging to the Denmark Fire Department, or its
contract provider, and no vehicle shall be driven over any unprotected
fire hose 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 official in command.
No person shall occupy any portion of such streets or alleys
with a motor 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.
Open burning prohibited. Except as otherwise provided in this section,
all open burning is prohibited within the Village of Denmark.
B.
Recreational fires. Recreational fires, defined as any fire such as a campfire or cooking fire located at a single- or two-family private residence for the purpose of recreation and personal enjoyment, are exempt from Subsection A of this section so long as such fires are started and tended in compliance with the following requirements:
(1)
No recreational fire pit and unscreened portable fire pit or fireplace
shall be closer than 15 feet to any building, structure, property
line, shed, garage, trees, shrubs, bushes, fence or any other combustible
material.
(2)
All recreational fires shall be in a below-ground fire pit with a
minimum depth of four inches and a diameter of three feet, and the
fire may not extend more than three feet above the pit. The fire pit
shall be surrounded on the outside, above ground, by a noncombustible
material such as concrete block or rock. A noncombustible material
when not in use shall cover the pit.
(3)
Portable fire pits (defined as devices commercially designed and intended to contain and control outdoor wood fires) may be used in accordance with the manufacturer's recommendations and within the requirements of Subsection B(1) above and must be used upon a noncombustible surface (dirt without any vegetation, stone, gravel, concrete, brick, etc.) with an area twice the diameter of the portable fire pit.
(4)
No recreational fire shall be started or allowed to continue burning
when the wind direction or wind speed (within the recommendations
of the Denmark Volunteer Fire Department) will cause smoke, embers,
or other burning materials to be carried by the wind toward any building
or other flammable materials. Smoke from any recreational fire shall
not create a nuisance for neighboring property owners. The fire shall
be extinguished immediately upon the complaint of a neighboring property
owner in regard to nuisance smoke.
(5)
Material for recreational fires shall not include or consist of rubbish,
garbage, recyclable items, trash, any material made of or coated with
rubber, plastic, leather, or petroleum-base materials and shall not
contain any flammable or combustible liquids.
(6)
Adequate fire-suppression equipment shall be immediately available
to extinguish or control the recreational fire. Adequate fire-suppression
equipment, such as shovels, fire extinguishers, water hoses, or other
like equipment sufficient to extinguish the fire, if necessary, shall
be within 10 feet of the recreational fire.
(7)
All recreational fires shall be attended at all times by at least
one responsible person of age 18 or older from the ignition of the
fire until the fire is completely extinguished.
(8)
The renter/lessee of any leased property must provide written documentation
from the property owner giving permission to have a recreational fire
on that property.
(9)
The property owner and/or person who has started any recreational
fire shall hold the Village harmless from any and all such liability
for any damage caused by a recreational fire and shall be responsible
for all legal expenses incurred by the Village in any action brought
against the Village.
(10)
Any party who has started or maintains a recreational fire as
defined herein shall pay any and all costs incurred by the Denmark
Volunteer Fire Department for any service-related call as a result
of a recreational fire not in compliance with the requirements of
this section.
C.
Outdoor cooking fires. Open or closed cooking grills (charcoal and propane fuel only) are exempt from the prohibition of Subsection A above, except as follows:
(1)
For all multifamily dwellings more than one story in height, the
use of any propane or charcoal or gas cooking device is prohibited
above the first floor occupancy.
(2)
For all multifamily dwellings more than one story in height, the
use of any open or closed outdoor cooking fire, charcoal or propane
cooking device, or any open flame device is prohibited within 15 feet
of the structure on the ground floor or any combustible materials
on the ground floor. Smoke from cooking grills shall not create a
nuisance for neighboring property owners within an apartment complex.
A.
When the Denmark Volunteer Fire Department Fire Chief determines
there are environmental conditions likely to produce a serious threat
of fire to life and property, the Fire Chief may impose a burning
ban and burning restrictions and require that no person may:
(1)
Set, build, or maintain any open fire, except propane grills, when
in the immediate vicinity of a residential dwelling and when placed
on a noncombustible surface.
(2)
Throw, discard, or drop matches, ashes, or other burning material
while outdoors in the immediate vicinity of combustible natural vegetation.
(3)
Light or use any fireworks as defined per Wisconsin Statutes, or
caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains
that emit sparks and smoke, except in displays or use authorized by
the Fire Department where adequate fire prevention measures have been
taken.
B.
Such a ban described above shall be lifted when the environmental
conditions change so that a serious threat of fire is no longer present.
A.
When orders to be issued. Whenever the Fire Chief finds in any building
or upon any premises any of the following dangerous or hazardous conditions
or materials which present a clear and present danger due to the likelihood
of fire or explosion, such materials shall be removed or conditions
remedied in a reasonable manner:
(1)
Dangerous or unlawful amounts of combustible or explosive materials.
(2)
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible or explosive materials.
(3)
Dangerous or unlawful accumulation of rubbish, waste, paper, boxes,
shavings or other flammable materials.
(4)
Accumulation of dust or waste material in air-conditioning or ventilation
systems or of grease in kitchen or other exhaust ducts.
(5)
Obstruction of fire escapes, stairs, passageways, doors or windows
which interferes with the operations of the Fire Department or egress
of occupants in case of fire.
B.
Service of orders.
(1)
The service of written orders by the Fire Chief, or his designee,
for the correction of violations of this chapter shall be made upon
the owner, occupant, or other person responsible for the conditions,
either by delivering a copy of the same to any person in charge of
the premises or by mailing such orders to the owner or other responsible
person. This subsection shall not preclude the Fire Chief, or his
designee, from issuing orders orally or in such other manner as deemed
appropriate under the circumstances.
(2)
If buildings or other premises are owned by one person and occupied
by another, the orders issued in connection with the enforcement of
this chapter shall apply to the occupant thereof as well as to the
owner. Except where rules or orders require the making of additions
to or changes in the premises themselves, such as would immediately
become fixtures upon the real estate and become the property of the
owner of the premises, such orders shall be served upon the owner
of the premises unless it is otherwise agreed between the owner and
the occupant.
(3)
Receipt of any order issued by the Fire Chief, or his designee, hereunder
by the owner or the occupant shall be sufficient notice to effect
compliance with the order.
A.
Purpose. This section 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 Denmark from
the air pollution hazards and public nuisances of operating an outdoor
wood-fired furnace in densely populated areas.
B.
OUTDOOR WOOD-FIRED FURNACE
Definitions. For the purpose hereof, the following definitions shall
apply:
A wood-fired furnace or boiler so designed to burn wood or
other approved solid fuels as specified by the manufacturer for outdoor
installation in an accessory structure not intended for habitation
by humans or domestic animals to provide heat and/or heated water
to a building intended for habitation by humans or domestic animals
via the distribution, particularly through pipes, of a water or water/antifreeze
mixture. This definition does not include outdoor recreational uses
of wood fires such as outdoor fire pits, chimaeras or outdoor wood-fired
grills or barbecues.
C.
General prohibition on outdoor wood-fired furnaces. The construction
and operation of outdoor wood-fired furnaces, as defined herein, are
expressly prohibited within the boundaries of the Village.
A.
NFPA 1 adopted. The National Fire Protection Association (NFPA) has
developed, established and maintains a comprehensive and integrated
uniform fire code that establishes minimum standards and requirements
for fire prevention and suppression and hazard management, known and
referred to as "NFPA 1." For the protection of life, health and property;
to minimize risk to the public and to safety personnel; and to establish
minimum standards and requirements for fire prevention and suppression
and hazard management, the provisions of NFPA 1, as currently written,
together with all future duly adopted amendments, revisions or modifications
thereof, are hereby fully incorporated herein and made part, by reference,
of this chapter.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs or replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 943.01(1), Wis. Stats., may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
