[HISTORY: Adopted by the Village Board of the Village of
Footville 8-3-1989 (Ch. 26 of
the 1990 Code). Amendments noted where applicable.]
The following code sections and standards of the National Fire
Protection Association are adopted by reference as if fully set forth
herein:
A.
The following sections of the Wisconsin Administrative Code:
B.
The following sections of the National Fire Codes published by the
National Fire Protection Association (1987 edition, effective date
June 30, 1987):
(1)
NFPA 10 Standard for Portable Fire Extinguishers.
(2)
NFPA 13 Standard for the Installation of Sprinkler Systems.
(3)
NFPA 58 Standard for the Storage and Handling of Liquefied Petroleum
Gases.
(4)
NFPA 211 Standard for Chimneys, Fireplaces, Vents, and Solid-Fuel-Burning
Appliances.
(5)
NFPA 385 Standard for Tank Vehicles for Flammable and Combustible
Liquids.
Any act required to be performed and any act prohibited by the
sections of the Wisconsin Administrative Code or the National Fire
Code, incorporated herein by reference, is an act required or prohibited
by this chapter.
A.
Any future amendment, revision, or modification of the sections of
the Wisconsin Administrative Code or National Fire Code incorporated
therein by reference are intended to be made a part of this chapter
and are automatically adopted by reference herein upon their effective
dates.
B.
In case of a conflict between any provisions of this Fire Code, the
Wisconsin Administrative Code or the National Fire Code, the code
containing the strictest provisions shall apply. A copy of the applicable
codes shall be kept at all times and available for inspection during
reasonable hours in the offices of the Village Clerk and the Fire
Chief in the Footville Community Fire Department.
A.
It shall be the duty and responsibility of the Fire Chief of the
Footville Community Fire Department or his duly authorized representative
to enforce the provisions of this chapter.
B.
When the Fire Chief determines that there may be a violation of any
provision of this chapter, or a situation which affects the health
or safety of the general public, or the occupants of a building, the
Fire Chief shall proceed to take necessary action as provided for
in this chapter.
A.
Inspection of premises and the issuing of orders in connection therewith,
under the provisions of this Fire Code, shall be the responsibility
of the Fire Chief of the Footville Community Fire Department or his
designee. Wherever, in the opinion of the Fire Chief, it is necessary
or desirable to coordinate with the Building Inspector in the inspection
of any condition, he shall arrange for this to be done in such manner
that the owners or occupants of buildings shall not be subjected to
visits by numerous inspectors nor to multiple or conflicting orders.
No order for correction of any violation under this Fire Code shall
be issued without the approval of the Fire Chief.
B.
When the Fire Chief determines that there are reasonable grounds
to believe that a violation of this Fire Code may exist or that conditions
exist which adversely affect the health, safety, and welfare of the
occupants or the public, he may make or cause to be made inspections
to determine the conditions of buildings or structures in order to
safeguard the safety, health and welfare of the public under the provisions
of the Fire Code. In addition, the Fire Chief shall make or cause
to be made those inspections that are required by the Wisconsin Statutes.
It shall be the duty of the Fire Chief to inspect all buildings and
premises except the interiors of dwelling units, as often as may be
necessary for the purpose of ascertaining and causing to be corrected
any conditions liable to cause fire, endanger life from fire, or any
violations of the provisions or intent of this Fire Code.
A.
The Fire Chief may, at reasonable hours, request permission of the
owner or occupant to enter any building or premises for the purpose
of making any inspection or investigation, which, under the provisions
of this Fire Code, he may deem necessary to be made.
B.
The Fire Chief may obtain a search warrant under Wisconsin Statutes,
§§ 969.10, 968.11 and 66.0119, when necessary in his
opinion for the purpose of making an inspection or investigation of
any building or premises where the owner or occupant has refused admission.
C.
No person, having been duly informed of the existence of a search
warrant to search the premises owned or occupied by him, shall refuse
to permit such search to be made. Each day, or part thereof, during
which such refusal continues shall be deemed to be a separate violation.
In enforcing this Fire Code, the Fire Chief or any other person
authorized to enforce it may do so by order to vacate building, order
to correct violation, citation procedure, forfeiture action, injunctive
relief, or any combination of those remedies.
A.
Whenever the Fire Chief finds that a Fire Code violation exists which
presents a situation so dangerous as to be an immediate hazard or
threat of damage or injury to any property or to any person's
life, safety or health, the Fire Chief may order an immediate vacation
of the building, structure or premises which are so threatened.
B.
The order to vacate in an emergency situation may be given orally
by the Fire Chief to those persons present in the building, structure
or premises.
C.
If such order is given orally, the Fire Chief shall post on each
entrance to the vacated building a sign or notice that the building
has been ordered vacated or is unfit for occupancy.
D.
If the emergency situation terminates within three days, the Fire
Chief shall prepare a report of the emergency situation and vacation.
Such report shall contain the following information:
(1)
A description of the premises sufficient for identification.
(2)
Specification of the condition requiring immediate vacation and the
section of the Fire Code under which such emergency order was issued.
(3)
Date of issuance of the order to vacate.
(4)
Date of withdrawal of the order to vacate.
(5)
The names of the person or persons who were ordered to vacate the
building, structure or premises, and the date on which they were so
ordered.
E.
If the emergency situation exists longer than three days, the Fire
Chief shall, after three days, prepare a written order which shall
contain the following information:
(1)
A description of the premises sufficient for identification.
(2)
An order that the building, structure, or premises be vacated and
remain vacated until such order to vacate is withdrawn.
(3)
Specification of the condition requiring immediate vacation and the
section of the Fire Code under which such emergency order is being
issued.
(4)
The date the oral order to vacate was given.
(5)
A statement of the penalty for defacing or removal of the copy of
the order.
(6)
The signature of the Fire Chief and a statement that the order was
issued from the Fire Department.
(7)
The date of posting of the written order.
F.
A copy of any written order shall be posted on the premises and shall
be served on the owner.
G.
When the Fire Chief is satisfied that the hazard or condition causing
the emergency situation has been corrected, he shall withdraw the
order to vacate and remove any posted order or notice. If a written
order was posted, the Fire Chief shall notify the owner in writing
of the withdrawal of the order to vacate.
H.
It shall be the duty of the owner of a building to notify the occupants
of any order to vacate and of the withdrawal of such order. Any damage,
loss or injury to either the owner or occupants of the building ordered
to be vacated shall not be the responsibility of the Village, unless
directly caused by the Village's negligence. Any damage, loss
or injury to either the owner or occupants shall be the responsibility
of the person or persons who caused the Fire Code violation or who
allowed the Fire Code violation to exist.
I.
The Fire Chief shall furnish a copy of all orders to vacate and notices
of withdrawal thereof to any other official of the Village concerned
therewith.
In circumstances where, in the opinion of the Fire Chief, the
Fire Code violation presents a situation so dangerous as to be an
immediate threat of damage or injury to any property or any person's
life, safety or health, the Fire Chief may cause the immediate abatement,
removal or correction of the violation. Any and all costs incurred
by the Village in the performance of the abatement, removal or correction
of such violation shall be charged to the owner, occupant, person
in control of or person responsible for such violation. In case of
a failure to pay these costs, a statement of such costs shall be filed
with the Village Clerk, and any and all costs thereof shall be charged
against the real estate upon which the violation was located, shall
be a lien upon the real estate, and shall be assessed and collected
as a special tax.
Whenever the Fire Chief shall find in any building or upon any
premises dangerous or hazardous conditions or materials as follows,
he shall order such dangerous conditions or materials to be removed
or remedied:
A.
Dangerous or unlawful amounts of combustible or explosive or otherwise
hazardous materials.
B.
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible or explosive or otherwise
hazardous materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or
other highly combustible materials.
D.
Accumulations of dust or waste material in air-conditioning or ventilating
systems or of grease in kitchen or other exhaust ducts or inadequate
clearances to unprotected combustible materials from hoods, grease
extractors, and ducts.
E.
Obstructions to or on fire escapes, designated access openings in
exterior walls for Fire Department use, stairs, passageways, doors
or windows, liable to interfere with the operations of the Fire Department
or egress of occupants in case of fire.
F.
Any building or other structure which, for want of repairs, lack
of adequate 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 hazardous condition.
A.
The service of written orders for the correction of violations of
this Fire Code shall be made upon the owner, occupant or other person
responsible for the conditions, either by delivering a copy of same
to any person in charge of the premises, or by mailing such orders
to the owner or other responsible person. This subdivision shall in
no way preclude the Fire Chief from issuing oral orders in such other
manner as he deems appropriate under the circumstances.
B.
If buildings or other premises are owned by one person and occupied
by another, the orders issued in connection with the enforcing of
this Fire Code shall apply to the occupant thereof as well as the
owner, except where the rules or orders require the making of additions
to or changes in the premises themselves, such as would immediately
become fixtures upon real estate or real estate and be the property
of the owner of the premises, and 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.
C.
Receipt of such orders by the owner or occupant is sufficient notice
to effect compliance with the order.
No person shall deface or remove a posted copy of an order from
any premises upon which it has been placed under this chapter except
by authority from the Fire Chief.
In case any order is not promptly complied with, the Fire Chief
may follow any, several, or all of the following procedures:
A.
Cause a citation to be issued to the owner, operator or other person
responsible for the violation, citing a violation of this chapter.
B.
Request the Village Attorney to institute an appropriate action or
proceeding at law or in equity against the owner, operator or other
person responsible for the violation, ordering him to:
(1)
Restrain, correct or remove the violation, or refrain from any further
execution of work;
(2)
Restrain or correct the erection, installation, or alteration of
such building in violation of the Fire Code;
(3)
Remove work in violation;
(4)
Prevent the occupancy or use of the building, structure, or part
thereof erected, constructed, installed or altered in violation of,
or not in compliance with, the provisions of the Fire Code, or in
violation of a plan or specification under which an approval, permit
or certificate was issued; or
(5)
Pay a forfeiture pursuant to the penalty provisions of this Fire
Code.
[Added 7-2-2015 by Ord.
No. 2015-702]
Recreational campfires shall be permitted in the Village in
accordance with the following rules:
A.
Open fire pits may be used if located more than 30 feet from the
nearest building, structure, lumber or wood pile, wood fence, wood
deck, or any other combustible material or vegetation.
B.
Aboveground, commercially manufactured, portable fire pits, equipped
by the manufacturer with a lid and screening around the burning area
to prevent sparks from escaping may be used if located more than 15
feet from the nearest building, structure, lumber or wood pile, wood
fence, wood deck, or any other combustible material or vegetation.
The lid and screening shall remain in place at all times while a fire
is burning in any such portable fire pit.
C.
Any recreational campfire shall be constantly attended by a responsible
adult who shall remain present until the fire is completely extinguished.
D.
No combustible materials other than natural, dry wood and kindling
may be burned in any recreational fire and no accelerant may be used
to start such a fire.
E.
Recreational fires are prohibited in the event that wind speeds or
gusts reach 20 mph or higher.
A.
Any person violating any of the provisions of this Fire Code for which a penalty is not otherwise specified shall upon conviction be subject to the penalties provided in § 1-4A. Every day or fraction thereof during which any person fails or neglects to observe and comply with any provisions of this chapter shall constitute a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Any person who does not comply with any lawful order of the Fire
Chief issued pursuant to the provisions of this Fire Code shall be
in violation of this Fire Code and every day or fraction thereof during
which such person fails or neglects to comply with such order shall
constitute a separate offense.
