[HISTORY: Adopted by the Town Board of the Town of Rome as Sec. 3.02 of the prior Code. Amendments noted where applicable.]
It is the intent of this chapter to prescribe regulations consistent with recognized standard practice for the safeguarding to a reasonable 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The following regulations are adopted by reference and incorporated into this chapter as if fully set forth herein, and every violation of these provisions constitutes a violation of this chapter.
(1) 
Code of the NFPA, as they are from time to time updated or amended.
(2) 
Codes and statutes of State of Wisconsin and the Department of Safety and Professional Services, as related to fire prevention, investigation, and life safety.
B. 
Whenever the provisions of the aforementioned codes conflict, the stricter interpretation shall apply.
The provisions of this chapter shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this chapter shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property.
A. 
While acting as fire inspector pursuant to § 101.14(2), Wis. Stats. the Fire Chief, or any member 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 Town of Rome at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this chapter, he may deem necessary.
B. 
The Chief of the Fire Department is required, by himself 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 and to insure compliance in all places of assembly with all laws, regulations, and orders dealing with use of decorative materials, maintenance of exitways, and maintenance of fire alarm and fire detecting systems, and fire-extinguishing systems, and appliances. Such inspections shall be made at least once in six months in all the territory served by such Fire Department. Each six-month period shall begin on January 1 and July 1 of each year. The Fire Inspector may inspect facilities where hazardous chemicals are stored.
C. 
Written reports of inspections shall be made and kept on file in the office of the Fire Department or Fire Inspector in the manner and form required by the Department of Safety and Professional Services. A copy of such reports shall be filed with the Town Clerk/Treasurer.
D. 
The Chief of the Fire Department or an inspector thereof, upon the complaint of any person of whenever he or they shall deem it necessary, shall inspect any buildings and premises within their jurisdiction.
Whenever any of the officers, members, or inspectors of the Fire Department as mentioned in this chapter shall find 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 manner as may be specified in said order:
A. 
Dangerous or unlawful amounts of combustible or explosive matter.
B. 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive matter.
C. 
Dangerous accumulations of rubbish, wastepaper, boxes, shavings, or other highly flammable materials.
D. 
Accumulations of dust or waste material in air-conditioning systems or of grease in kitchen exhaust ducts.
E. 
Obstructions to or on fire escapes, stairs, passageways, doors, or windows liable to interfere with the operation 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 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 a threat to life and safety.
A. 
The service of such orders as mentioned in this chapter may be made upon the owner, 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. If the 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.
B. 
If buildings 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 the chapter shall apply to the occupant thereof, except where the rules or orders require the making of such 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Nothing contained in this chapter shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Surface Transportation Board, or as applying to the military forces of the United States.
A. 
A permit shall constitute permission to maintain, store, or handle materials, or to conduct processes, which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Such permit does not take the place of any license required by law. It shall be for an indefinite period, not transferable, and any change in use or occupancy of the premises shall require a new permit.
B. 
Before a permit may be issued, the Chief of the Fire Department, or his assistants, shall inspect and approve the receptacles, vehicles, building, or storage places to be used. In cases where laws or regulations enforceable by departments other than the Fire Department are applicable, joint approval shall be obtained from all departments concerned.
C. 
All applications for a permit required by this chapter shall be made to the Chief of the Fire Department in such form and detail as it shall prescribe.
D. 
Permits shall, at all times, be kept on the premises designated therein and shall, at all times, be subject to inspection by any officer of the Fire or Police Departments.
E. 
The Chairperson, the Chief of the Fire Department, and the Fire Inspectors shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies, which shall require permits, in addition to those now enumerated in said code. The Chief of the Fire Department shall post such a list in a conspicuous place in his office and in the office of the Clerk/Treasurer and may distribute copies thereof to interested persons.
F. 
Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Town Board within 10 days from the date of the decision of the Chief. In the event of such appeal, the Board shall set a time and place for hearing thereof and give to the appellant at least 10 days' notice thereof by mail or personally.
A. 
It shall be unlawful for any person, firm, or corporation to burn leaves, rubbish, or debris of any kind within the Town of Rome on any public street, alley, or other public property within said Town; but such fires may be set on private driveways anywhere back of the lot line or on private property, except that no open burning shall be allowed closer than 30 feet to any building, or closer than 15 feet to any building if an enclosed incinerator or fireplace is used for such burning. No materials may be burned upon any street or road.
B. 
A fire in a wire-type basket shall be considered as being an "open" fire.
C. 
No fire for burning rubbish, scrap, or debris shall be started prior to the time set by the Wisconsin Department Natural Resources (DNR), except in areas zoned heavy industrial where no fire shall be started prior to 2:00 p.m., and no fire shall be left unattended.
D. 
Any person, firm, or corporation that desires to burn grass off a field or lot, or rubbish, leaves, or debris of any kind on their own premises may do so by first obtaining permission from the DNR or person designated. A permit shall be necessary for burning rubbish, leaves or debris if the party has an outside fireplace or rubbish burner. All grass fires for burning off a field or lot must be set not prior to the time designated by the DNR, and all fires shall at all times be kept under control.
E. 
Whenever the DNR shall deem it imprudent for burning of grass, rubbish, leaves, or debris of any kind within the Town of Rome, whether it is because of extreme dryness, shortage of water, high wind, or particular hazardous location, they may forbid the setting of such fire.
F. 
Whenever a fire has been ignited without the permission of the DNR or the person designated by the DNR as provided in this section, or if a fire has been ignited, with permission, and becomes hazardous in the opinion of the Fire Chief or DNR, they may order the person or persons responsible or on whose premises of said fire exists, to extinguish the same; and if said person refuses to do so, the Chief or DNR may call the Town of Rome Fire Department to extinguish the same.
G. 
Any damage caused to another person's property by burning of rubbish, leaves, or other debris, whether authorized or not, shall be the responsibility of the person or persons responsible for igniting the same.
H. 
For any fire requiring suppression by the Fire Department that is started or maintained in contravention of the provisions in this chapter, the Wisconsin Statutes, the Wisconsin Administrative Code or any other governing law or regulation, the owner of the land on which the fire was started and/or the person(s) responsible for starting or maintaining the fire shall be liable for all expenses incurred in the suppression of the fire. The Town will charge per vehicle and per person at an hourly rate set by the Town Board for a minimum of one hour. After one hour, time will be billed to the nearest 1/2 hour. Time shall be measured from the time of the call until the completion of all necessary work and units and equipment used at the fire scene are placed back to in-service status. The officer in charge shall investigate the fire and draft a report containing a determination of the person(s) responsible for starting and or maintaining the fire. The Town Board will determine liability for the fire after consideration of said report.
I. 
Any person convicted of burning in violation of this chapter shall forfeit a fine of no more than $1,000, plus costs for each violation.
A. 
No person shall deposit hot ashes or cinders, or smoldering coals, or greasy or oily substances liable to spontaneous ignition, into any combustible receptacle or place the same within 10 feet of any combustible materials.
B. 
Accumulations of wastepaper, litter or combustible or flammable waste or rubbish of any kind shall not be permitted to remain in any yard. 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. 
Storage requirements. Storage in buildings shall be orderly, shall not be within two feet of the ceiling, and not so located as to endanger exit from the building. Storage in the open shall not be more than 20 feet in height, shall be so located with respect to adjacent buildings as not to constitute a hazard, and shall be compact and orderly.
D. 
Cotton batting, straw, dry vines, leaves, trees, or other highly flammable materials shall not be used for decorative purpose in show windows or other parts of stores unless flameproof; provided, however, that nothing in this section shall be held to prohibit the display of saleable goods permitted and offered for sale. Electric light bulbs in stores shall not be decorated with paper or other combustible materials unless such materials shall first have been rendered flameproof.
All chimneys, smokestacks, or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, fireboxes, or boilers to which they are connected shall be constructed and maintained in such a manner as not to create a fire hazard.
Any person using a torch or other flame-producing device for removing paint from any building or structure shall provide one approved fire extinguisher or water hose connected to the water supply on the premises where such burning is done. In all cases, the person doing the burning shall remain on the premises one hour after the torch or flame-producing device has been used.
A. 
All circuses, carnivals, or other exhibitions shall employ one or more qualified persons to serve as fire watchers where large crowds assemble. They shall familiarize themselves with all fire protection facilities and fire prevention features and with the condition of exits and shall patrol the entire tent area during the time of occupancy. They shall see that aisles and exitways are kept open and that "No Smoking" rules are enforced.
B. 
The design, construction, flame-proofing, location, maintenance, and use of tents for assembly shall be in accordance with recognized safe practices. Compliance with the American Standard of Outdoor Assembly, Grandstands and Tents, as adopted by the National Fire Protection Association, shall be considered as prima facie evidence of compliance with such recognized safe practices.
A. 
Where conditions are such as to make smoking a hazard in any areas of warehouses, stores, industrial plants, institutions, places of assembly, and in open spaces where combustible materials are stored or handled, the Chief of the Fire Department is empowered and authorized to order the owner or occupant in writing to post "No Smoking" signs in each building, structure, room, or place in which smoking shall be prohibited. The Chief of the Fire Department shall designate specific safe locations, if necessary, in any building, structure, or place in which smoking may be permitted.
B. 
"No Smoking" signs required in accordance with this chapter shall be by order of the Chief of the Fire Department.
C. 
No person shall remove any legally required "No Smoking" sign or to smoke in any place where such signs are posted.
A. 
Enforcement.
(1) 
The Fire Prevention chapter shall be enforced by the Chief of the Fire Department of the Town of Rome and such subordinates in said Department as the Chief shall designate.
(2) 
This chapter shall not be construed to affect the responsibility of any person owning, operating, or installing any equipment for damage to persons or property caused by any defect therein, nor shall the Town be held as assuming any such liability by reason of the inspection or reinspection authorized herein or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.
B. 
Modifications. The Chief of the Fire Department shall have the power to modify any of the provisions of the 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 chapter 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 of the Fire Department thereof shall be entered upon the records of the Department and a signed copy shall be furnished to the applicant.
A. 
Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or who shall violate or fail to comply with any order made there under, or who shall build in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, or who shall fail to comply with such an order as affirmed or modified by the Chief of the Fire Department or the Town Board or by a court of competent jurisdiction within the time fixed herein shall be subject to the penalty set forth in Chapter 1, General Provisions.
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited condition.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. If not defined herein, the word, term or phrase shall have the definition commonly accepted including a relevant definition contained in the Wisconsin Statutes. When not inconsistent with the context, the words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory:
ALLEY
A public right-of-way, which normally affords a secondary means of vehicular access to abutting property.
FINE
Shall be the equivalent of the word "forfeiture," and vice versa.
LOT
A parcel of land. A lot may be a parcel designated in a plat or described in a conveyance recorded in the Office of the Register of Deeds, or any part of a large parcel when such part complies with the requirements of this chapter as to width and area for the district in which it is located.
OCCUPANCY
Pertains to and is the purpose for which a building is used or intended to be used.
OCCUPANT
Any person occupying or having use of a building, structure, premises of any part thereof.
OWNER
Includes the plural as well as the singular and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of these who shall hold title to a building, structure or property, or who shall be in actual possession of, or have charge, or control of building, structure, or property as agent of the title holder, or who shall be trustee or guardian of the estate or person of the title holder.
PERSON
Includes a corporation, firm partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the term "person" is used in any section of this chapter prescribing a penalty or fine, as to partnerships or associations, the work shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
RUBBISH
Rubbish is the miscellaneous waste material, combustible and noncombustible, resulting from housekeeping and ordinary mercantile enterprises, and includes boxes, cartons, excelsior, paper, ashes, cinders, tin cans, bottles and broken glass, rubber, grass clippings, brush, leaves, garden plants, and animal waste.
SIGN
Any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.
STREET
Any public highway or alley and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular traffic.
STRUCTURE
Anything constructed or erected, the use of which requires a more or less permanent location in or on the premises, or any other attachment to something having a permanent location on the ground, which includes, but is not limited to, objects such as buildings, mobile homes, gas or liquid storage tanks, bridges, culverts, decks, fences, satellite dishes or swimming pools.
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed designate thereof, including, but not limited to, the Town Board and Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors to the legislative power of said body, or any duly appointed designate thereof.
VEHICLE
A motor vehicle, trailer, semitrailer or mobile home, whether or not such vehicle is registered under Wisconsin Law.
WASTE
Waste is garbage, refuse, and all other discarded or salvageable material, including materials resulting from industrial, commercial, and agricultural operations and from domestic use and public service activities.
YARD
An open space on a lot which is unoccupied and unobstructed by buildings from its lowest level to the sky.