City of Franklin, WI Chapter 133 Fire Prevention, Protection and Control

[HISTORY: Adopted by the Common Council of the City of Franklin 5-4-2021 by Ord. No. 2021-2463.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 133, Fire Prevention, Protection and Control Code, adopted 11-5-2019 by Ord. No. 2019-2396.

§ 133-1 General provisions.

A. Intent. The intent of this chapter is:

(1) To provide the municipality with comprehensive regulations to improve public safety by attempting to control, limit, restrict, and/or eliminate fire hazards.

(2) To improve life safety for residents, occupants, employees, firefighters, and frequenters of places of employment and public buildings.

(3) To regulate the installation, use and maintenance of equipment; to regulate the use of structures, occupancies, and open areas.

(4) To require the removal and/or reduction of fire hazards; to establish the responsibilities and procedures for code enforcement; and to set the minimum standards for compliance and achievement of those objectives.

(5) To protect property from the hazards of fire and explosion by establishing minimum standards for the use, operation, maintenance and inspection of building structures and premises.

B. Applicability.

(1) The provisions of this code shall apply to all public buildings and places of employment. Exceptions: The following buildings and uses are not public buildings or places of employment and are not subject to the provisions of this code:

(a) One- and two-family dwellings.

(b) Buildings used exclusively for farming as described in § 102.04(3), Wis. Stats.

(c) Nothing contained in this section 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, or as applying to the military forces of the United States.

(2) The provisions of this code shall apply equally to new structures, including additions to existing structures and existing conditions, except that existing conditions not in strict compliance with the terms of this subsection shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property as determined by the authority having jurisdiction (AHJ).

(3) The provisions of this code apply equally to the property owner and/or occupant.

(4) Sections 133-8, 133-9, 133-10, 133-11, 133-14, 133-15 and 133-18 apply to all individuals and/or properties within the jurisdiction of the municipality.

C. Permits required.

(1) The Fire Department shall be responsible for issuing the following permits:

(a) Fireworks permits.

(b) Bonfire permits.

(c) Outdoor burning of yard waste (outdoor burning permit must be purchased from the office of the City Clerk, Franklin City Hall).

(2) Certificates of occupancy. The AHJ shall have dual authority with the Building Inspector in the issuance of certificates of occupancy for multifamily, public buildings, places of employment, commercial structures, places of assembly and schools to the extent that the AHJ shall inspect and have approval authority over proposed occupancies to ensure compliance with this chapter.

D. Stop-work order.

(1) The AHJ may request that the Building Inspector issue a stop-work order upon any permit issued subject to the inspection and approval authority of this chapter, where the AHJ finds that any of the conditions for issuance have not been maintained or where there has been any false statement or misrepresentation of any material fact made in the application or plans upon which the issuance was based.

(2) If the AHJ determines requirements of this code are not complied with or there may be life safety issues, the AHJ may issue a stop-work order on any project or portion thereof.

E. Inspection and testing.

(1) All fire suppression systems and fire alarm systems required under this code shall be inspected by a qualified authorized agent of the AHJ prior to having any of their parts covered up or concealed in any manner whatsoever. The authorized reviewing agent shall be given a seventy-two-hour notice prior to any system inspection.

(2) A qualified authorized agent of the AHJ shall witness all tests of fire-controlled systems, fire alarm initiating devices, notification appliances, and any other required system requiring an operational test. The authorized reviewing agent shall be given a seventy-two-hour notice prior to any system witness test.

(3) All testing shall be conducted in accordance with the NFPA standard applicable to the system being tested.

F. Right of entry.

(1) The AHJ and/or his or her authorized representative may, at all reasonable hours, enter any place of employment and/or public building within its jurisdiction for the purposes of making any inspection or investigation which, under the provision of this section, is deemed necessary.

(2) The AHJ shall inspect, or cause to be inspected, all places of employment and public buildings as often as may be necessary, but not less than once a year.

(3) The purpose of any inspection and/or investigation is to determine if any violations of the provisions or intent of this code and/or codes or standards adopted by reference exist and to order corrections of the violations observed.

(4) The AHJ or his/her authorized representative, upon the complaint of any person or whenever he or she deem necessary, shall inspect any place of employment and/or public building and premises within its jurisdiction.

(5) Any owner or occupant of any place of employment and/or public building who refuses to permit, prevents or interferes with entry into or upon the premises by anyone authorized by the AHJ shall be subject to penalties under § 133-18. Exception: The interiors of dwelling units will not be inspected unless an inspection is specifically requested by the owner or occupant and/or as allowed by state statutes.

G. Enforcement and documentation.

(1) The Fire Chief, as the AHJ, or anyone the Fire Chief has designated as an authorized representative or agent of the AHJ, shall enforce the provisions of this code.

(2) Whenever any authorized representative or agent of the AHJ shall discover fire hazards due to conditions that are not in compliance with the requirements of NFPA 1, this code, and any and all other applicable codes and adopted standards, he or she shall order such conditions or materials to be removed or remedied in such manner as may be specified. These hazards may include, but are not limited to, the following:

(a) Dangerous or unlawful amounts of flammable, combustible, or explosive material as determined by the AHJ.

(b) Hazardous conditions arising from defective or improperly installed equipment for handling or using flammable, combustible, or explosive material.

(c) Dangerous accumulations of rubbish, wastepaper, boxes, shavings, or other highly flammable materials as determined by the AHJ.

(d) Accumulations of dust, grease, or waste materials in air-conditioning systems, exhaust ducts or vent hoods.

(e) Obstructions to or in fire escape stairs, passageways, doors, or windows liable to interfere with the operation of the Fire Department or egress of occupants. This includes snow.

(f) Any building, structure or premises which for want of repairs, lack of exit facilities, fire alarm apparatus or fire extinguishing equipment, or any reason of age or dilapidated condition, or from any cause, creates a fire hazard.

(3) The AHJ may use any means necessary in documentation of inspections or conditions, including but not limited to the use of electronic equipment.

(4) No change can be made in the use or occupancy of any building or structure, or any space within a building or structure, either in a different division of the same occupancy group or in a different occupancy group, unless the building or structure complies with this code's requirements for the new division of occupancies, as these requirements exist. Exception: This subsection does not apply to an approved temporary use or to a new use that will be less hazardous, based on life and/or fire risk, than the existing use.

(5) An inspection by the Fire Department or an authorized representative or agent of the AHJ shall be required for any new or change of occupancy.

H. Temporary use. The AHJ may allow a building or portion of a building to be used temporarily in a manner that differs from the approved use for the building or space, or may approve a temporary building to be used by the public, subject to all of the following provisions:

(1) The AHJ shall determine the time frame within which the temporary use is permitted, based on the extent hazards are created by the temporary use.

(2) The AHJ shall determine any fire protection and/or control devices and life safety provisions that may be needed.

§ 133-2 Definitions.

Unless otherwise expressly stated in this code, all definitions, including those of occupancy types, shall be as stated in the most current versions of NFPA 1 (Chapter 3), NFPA 101 (Chapter 3), and/or the NFPA standard(s) or code(s) applicable to the specific subject material that are legislatively adopted by state statute.

§ 133-3 Adoption of Wisconsin Administrative Code.

A. The most current legislatively enacted version by the State of Wisconsin of the Wisconsin Administrative Code, on the effective date of this Code, shall apply.

SPS 303	Administrative Procedures
SPS 305	Licenses, Certifications and Registrations
SPS 307	Explosives and Fireworks
SPS 308	Mines, Pits and Quarries
SPS 310	Flammable, Combustible and Hazardous Liquids
SPS 314	Fire Prevention
SPS 316	Electrical
SPS 318	Elevators, Escalators and Lift Devices
SPS 326	Manufactured Home Communities
SPS 328	Smoke Detectors and Carbon Monoxide Detectors
SPS 333	Passenger Ropeways
SPS 334	Amusement Rides
SPS 335	Infectious Agents
SPS 340	Gas Systems
SPS 341	Boilers and Pressure Vessels
SPS 343	Anhydrous Ammonia
SPS 345	Mechanical Refrigeration
SPS 348	Petroleum and Other Liquid Fuel Products
SPS 361-366	Wisconsin Commercial Building Code
SPS 371	Solar Energy Systems
SPS 375-379	Existing Buildings

B. Any violation of the incorporated provisions constitutes a violation of this code.

C. In cases of conflict between local and state codes, the most restrictive provisions, as determined by the AHJ, shall govern.

§ 133-4 Adoption of International Code Council (ICC), Inc., codes.

[Amended 9-7-2021 by Ord. No. 2021-2478]

The latest ICC publication(s) published on or before the effective date of this code are adopted by reference, enforced, and incorporated into this code as fully set forth herein.

§ 133-5 Adoption by reference of National Fire Prevention Association (NFPA) publications.

The latest version of NFPA 1 (Fire Code) that is legislatively adopted by reference by the State of Wisconsin, including all of the publications, codes, standards, and documents adopted by reference by the State of Wisconsin in Chapter 2 of that code, are hereby adopted by reference, enforced, and incorporated into this code as if fully sent forth herein.

§ 133-6 Automatic fire alarm, fire sprinkler, and fire protection systems.

The design and construction of all automatic fire alarm, fire sprinkler, and fire protection systems in all public buildings and places of employment shall comply with the Administrative Code provisions under the Wisconsin Department of Safety and Professional Services (DSPS), §§ SPS 361.03, SPS 361.05 and SPS 314, Wis. Adm. Code.

§ 133-7 Liability for damages.

The code shall not be construed to affect the responsibility of any persons owning, operating, or installing equipment for injury to persons or damage to property caused by any defect therein, nor shall the municipality, or any person, firm, company or agent(s) for the municipality, be held as assuming such liability by reason of any inspection or reinspection authorized herein or the permit issued herein provided or by reason of the disapproval or approval of any equipment and/or system authorized herein.

§ 133-8 Service correction orders.

A. The service of correction orders shall be made upon the owner, occupant or other person responsible for the condition(s) that violates any section of this code. A copy of the service order can be delivered personally to the owner or by leaving it with the person in charge of the premises. Whenever it may be necessary to serve such order upon the owner of the premises, such an order may be served either by delivering to and leaving with the person a copy of the order or, if such owner is absent from the jurisdiction of the AHJ making the order, by mailing such a copy to the owner's last known post office address.

B. Conditions that are hazardous to life or safety of the occupants shall require immediate correction. All other violations shall be corrected within a specified time or date, as the AHJ shall determine.

C. When the owner of any property or person in apparent control of the property is issued an order by the AHJ and fails to comply with the order, the municipality may do the work ordered, and the cost of such work shall constitute a special assessment against the property pursuant to § 66.0703(12), Wis. Stats., within 90 days of the date of the final determination of the governing body.

D. No person shall refuse to permit or shall prevent or interfere with any entry into or upon any building or premises by the AHJ who is lawfully on the premises or interfere with any such inspection. If consent to enter onto personal or real properties which are not public buildings, or portions of the buildings which are not open to the public, has been denied, the Fire Inspector shall obtain a special inspection warrant under § 66.0119, Wis. Stats.

§ 133-9 Variances.

A. Except as otherwise prohibited by state law, the AHJ shall have power to modify any of the provisions of this code upon application in writing by the owner or occupant, or a duly sworn 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.

B. The AHJ thereon shall enter upon the records of the department, and a signed copy shall be furnished to the applicant, the particulars of such variances when granted.

C. The AHJ may require tests as proof of compliance with the intent of this code. Such tests are to be made by an approved agency at the expense of the person requesting approval of the alternate material or method of construction.

D. If technical expertise is unavailable within the municipality because of new technology, process, products, facilities, materials and uses attending design, operation or use of a building premises subject to the inspection of the municipality, the AHJ may require the owner or the person in possession or control of the building or premises to provide without charge to the municipality a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety organization, acceptable to the AHJ and owner, and shall analyze the fire safety properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon, and prescribe the necessary recommended changes. The department may also acquire technical assistance from a consultant and may charge a fee to the owner or occupant for the service provided.

§ 133-10 Revocation of permits.

A. The AHJ may revoke any permit issued in accordance with this code in any case where it may find that any of the conditions of the issuance have not been maintained or where there has been false statement or misrepresentation of any material fact in the application or plans on which the issuance was based.

B. The AHJ shall promptly notify the permit holder of the request for revocation and, if so requested by the permit holder, the effective date of the revocation shall be deferred pending a hearing before the Chief of the Fire Department. The decision of the Fire Chief for revocation, following the hearing, shall be final.

§ 133-11 Closing and vacating buildings.

A. The AHJ may order compliance with this section and all other lawful orders or laws related to fire prevention and fire protection in existing buildings and structures.

B. Where the public is exposed to immediate danger, the AHJ shall order the closing and vacating of the building at once.

§ 133-12 Investigation of fires.

A. The Fire Department shall investigate the cause and origin and circumstances of fires occurring within their jurisdiction to determine if the fire is of carelessness or design. Such investigations may begin immediately upon the occurrence of such a fire, and if it appears to the officer making such an investigation that such fire is of suspicious origin and of a significant nature, the Fire Chief shall be notified of the facts. The AHJ 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. A member of the fire investigation team shall file a written report of damage associated with every fire in a timely manner. It shall contain a statement of all facts relating to cause and origin and circumstances of such fire and other information as may be required.

B. Fire-damaged buildings (securing). All dwelling and buildings within a municipality damaged from fire shall be secured within 24 hours of release of the property by the AHJ. The owner of the damaged property shall assume the liability for the protection of the public until the property is secured.

§ 133-13 Miscellaneous construction provisions.

A. Building plan review. The Fire Department shall conduct plan reviews and issue approvals of fire-safety-related elements prior to construction of any public buildings or places of employment.

B. Addresses and door labeling. Addresses as assigned by the City shall be placed on all structures or property supporting the same as follows:

(1) Placement. The address shall be put in place on the structure as soon as reasonably possible during construction at a location acceptable to the AHJ.

(2) Description of numbers and letters. Numbers and letters shall be of contrasting colors (e.g., black and white) and readable from the road or highway and:

(a) Arabic numbers shall be used; script and roman numerals cannot be used alone, but may be used as an addition to the requirements of this section.

(b) All single-family and two-family residential buildings shall have street numbers, not less than four inches tall and placed on the exterior wall of the principal building that faces the street or service drive providing access to the building. All such residential units shall also have street numbers, not less than 3 1/2 inches tall, placed on their respective mailbox. If the building setback is greater than 100 feet from the roadway, the address shall be moved no further than 25 feet from the roadway and placed within 10 feet of the entrance to the property. Numbers and letters shall be visible from the roadway at all times of the year.

(3) Commercial and industrial requirements.

(a) All suite numbers that identify each individual unit shall be placed on the primary entrance to each business or occupancy.

(b) All commercial or industrial structures which have a rear service door shall identify the occupant and the street address conspicuously and on said rear door in contrasting and reflective letters and/or numbers not less than six inches tall, and shall continually maintain same.

C. Door, floor and stairway identification. Any occupancy having more than five exterior means of egress and/or more than two floors in height shall number the individual egress areas according to this section:

(1) An identifying number shall be placed on the interior and exterior of each means of egress doorway not less than six inches tall, and in contrasting color and light reflective.

(2) Each floor shall have a sign indicating room numbers, with an arrow indicating the direction to these rooms. The location of this sign must be acceptable to the AHJ.

(3) Each interior door providing access to an enclosed stairway that is considered part of an accessible means of egress shall be identified with numbers and letters not less than 3 1/2 inches tall in the following manner:

(a) Have a sign indicating floor level posted on both sides of the egress door in a location acceptable to the AHJ.

(b) Have a sign indicating the exterior exit door egress assigned in compliance with Subsection B(1) located on both sides of the egress door in a location acceptable to the AHJ.

(4) Identification numbers shall be placed on the exterior windows of all hotels, motels, nursing homes, and multifamily occupancies to identify the room number or address it services. The numbers shall not be less than 3 1/2 inches tall, light reflective, and in a location acceptable to the AHJ.

D. Fire Department access roads and fire lanes. Unobstructed fire lanes that are accessible from a public road shall be provided for every building or portion in accordance with § SPS 362, Wis. Adm. Code. Fire Department access roads shall comply with the requirements of NFPA 1 (18.2.3.1).

E. Fire hydrants.

(1) Intent. The intent of this section is to ensure adequate water supply for firefighting purposes to structures, buildings, and normal premises. For the purposes of placing hydrants, "normal access routes" are defined as pavement, sidewalks, streets, driveways and paths leading to a building that are clear and maintained year round. The normal access route does not include grass, parking stalls, ditches, hills, shrubs, flower beds, fences, walls or any other area typically used for ingress or egress to a building.

(2) Where required. Any building or structure hereafter erected shall provide, at the owner's expense, approved water hydrants. Fire hydrant location, distribution and installation shall comply with NFPA 1(18.5).

(a) Mobile home parks. Any new mobile home or trailer park or any mobile home or trailer park which expands by adding additional trailers or area to the present court site shall provide an approved water hydrant when any trailer or building located in such park is more than 300 feet from an approved hydrant. Water hydrants shall be provided so that no trailer or building is more than 300 feet from an approved hydrant by normal access routes. Fire extinguishers are required in mobile home parks per Chapter 174 of the Franklin Municipal Ordinances.

(b) Notwithstanding the above, the need and location of any fire hydrant shall be determined by the AHJ as he/she deems necessary to protect life and property.

(3) Inspection, testing, maintenance and repair.

(a) Private fire service mains and water tanks shall be inspected, tested and maintained in compliance with the requirements established in NFPA 25.

[1] Property owners shall immediately advise the Fire Department and the Water Utility as to hydrants which have been damaged, are inoperable, or have been found deficient in required fire flow.

[2] All inoperable hydrants shall be repaired as soon as is practically possible or within a reasonable time frame as determined by the AHJ.

[3] All records of inspections shall be maintained on site and made available to the AHJ upon request.

(4) Hydrants must be accessible at all times. Prohibited obstructions may include but are not limited to snow, parked vehicles, materials, equipment, storage and refuse. No obstruction shall be within a four-foot radius of the hydrant.

F. Access box system requirements.

(1) An access box system has been adopted for use by this Fire Department. The following structures shall be equipped with an access box at or near the main entrance or such location as required by the AHJ.

(a) Commercial or industrial structures protected by an automatic alarm system or automatic fire suppression system, or such structures that are secured in a way that restricts access during an emergency.

(b) Multifamily residential structures that have restricted access through locked doors and have a common corridor for access to the living units.

(c) Nursing homes, community-based residential facilities (CBRFs), child day cares and other health facilities.

(d) All educational occupancies.

(e) The AHJ shall have the authority to require any structure to install and maintain an access box.

(f) Exception: Any building or site that has twenty-four hour, seven-day-a-week security guard service or any occupancy that remains open 24 hours a day, seven days a week, does not require an access box unless required by the AHJ.

(2) All newly constructed structures subject to this section shall have the access box installed and operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of this section and that are subject to this section shall have one year from the date of being ordered by the AHJ to have an access box installed to complete installation.

(3) The owner or agent of a structure required to have an access box shall keep the following inside the box:

(a) Keys to locked points of ingress and egress, whether on the interior or exterior.

(b) The keys to locked mechanical equipment, electrical and elevator control rooms, fire alarm and/or sprinkler riser rooms.

(c) The keys needed to open any alarm panels.

(d) Floor plans or maps as required by the AHJ.

(e) The keys to other areas as directed by the AHJ.

(f) Number of keys required:

[1] Occupancies less than 10,000 square feet shall provide a minimum of two master keys.

[2] Occupancies of at least 10,000 square feet but less than 50,000 square feet shall provide a minimum of three master keys.

[3] Occupancies of 50,000 square feet or more and/or those occupancies with special hazards shall provide a minimum of four master keys.

[4] Any existing occupancies shall have one year from the date of an AHJ order to provide the required number of keys within the access box.

[5] The access box shall be installed at the owner's expense.

[6] The size and type of access box must be acceptable to the AHJ.

[7] If the locks to the building are changed, the AHJ must be notified and new keys placed in the access box within 24 hours.

G. Carbon monoxide (CO) detectors.

(1) Intent. The intent of this section is to decrease the leading cause of poisoning deaths in the United States by requiring the installation and maintenance of carbon monoxide (CO) detectors.

(2) Installation required. Installation shall be required, installed, tested and maintained as set forth in § 101.149, Wis. Stats.

H. Smoke alarms.

(1) Installation required. A "ten-year" smoke alarm with a sealed battery or smoke alarms hardwired to the structure's electrical power with a battery backup and interconnected with each other shall be installed in all multifamily and mixed-use occupancies not later than January 1, 2013. Smoke alarms must be installed in all bedrooms, in the common hallway outside of the bedrooms and/or at the head of all stairways and/or in locations required by the AHJ.

(2) Testing and maintenance.

(a) The owners of multifamily occupancies are responsible for monthly testing and documentation of the same for all smoke alarms not located within tenant areas.

(b) The owner and/or occupant of mixed-use occupancies are responsible for monthly testing and documentation of the same for all smoke alarms located within areas they occupy.

(3) Once notified of a missing or defective smoke alarm, the owner of a multifamily occupancy shall repair or replace the smoke alarm within five days.

§ 133-14 Miscellaneous use provisions.

A. Fireworks.

(1) Sales. Except as provided in § 167.10(2) and (4), Wis. Stats., no person shall sell, or possess with the intent to sell, fireworks.

(2) Possession. No person shall possess, manufacture, use, display, discharge or sell any fireworks without a permit.

(3) Use. Except as provided in § 167.10(3), Wis. Stats., no person shall possess or use fireworks without a user's permit issued pursuant to Subsection A(4)(d) below.

(4) User permit.

(a) As provided in § 167.10(3), Wis. Stats., fireworks user's permits may be issued for festivals or celebrations after proper application to the municipality.

(b) The AHJ shall require a certificate of liability insurance or similar proof of coverage in an amount deemed appropriate.

(c) Fireworks displays shall be required to be conducted in accordance with the conditions and requirements set forth in NFPA 1123, Code for Fireworks Displays.

(d) Permits to display or discharge fireworks shall be issued as follows:

[1] An application for a permit may be obtained at the Fire Department.

[2] Applications shall be submitted not less than 30 days prior to the date of such display.

[Amended 10-17-2023 by Ord. No. 2023-2561]

[3] No accumulating or purchase of fireworks shall be allowed prior to the issuance of the permit.

[4] After review of the application and inspection of the site, a permit shall be issued or denied at the discretion of the provisions of this chapter and the promotion of public safety and security of adjoining property.

[5] The AHJ reserves the right to reinspect the display and landing sites at any time to ensure public safety.

[6] NFPA 1123 and 1124 will be used as a guide for these inspections.

[7] The cost of such permits shall be set forth under § 133-17 of this code.

[8] All persons applying for a permit must also submit proof of liability insurance in the amount of $1,000,000 and a copy of any contract with companies which will be responsible in whole or part for the fireworks, storage, or display.

[9] All display companies and personnel who are paid to set off fireworks within the City shall return to the area of fireworks display with 18 hours of the display and during daytime hours to carefully search for and dispose of unexploded fireworks.

[10] The Franklin Police Department and/or Fire Department personnel are authorized to enlarge the area required to be searched by the display companies and their personnel.

(5) No permits. Permits will not be issued to sell or manufacture fireworks.

(6) Use of caps and sparklers. No unlicensed person may use fireworks, caps, or sparklers in a municipal park or at a fireworks display for which a permit has been issued if the display is open to the public.

(7) Pyrotechnics. Pyrotechnics are prohibited in public buildings and places of employment unless authorized by the AHJ and shall be used in accordance with NFPA 1123.

(8) The Fire Chief and/or his or her designee may disallow the display of fireworks due to local circumstances, such as extremely dry conditions or other unforeseen circumstances.

(9) Sky lanterns. The use of free-floating sky lanterns and similar devices utilizing an open flame shall be prohibited.

B. Outdoor burning.

(1) Restricted burning (permit required). Outdoor burning of any kind may be restricted upon issuance of a burning ban order by the AHJ for environmental conditions such as prolonged dry periods, or for other reasons at the discretion of the AHJ.

(a) Open burning. There shall be no open burning of any combustible waste material except as allowed by permit and subject to the following regulations:

[1] A Franklin burning permit must be obtained from the office of the City Clerk (9229 W. Loomis Road) by the listed property owner prior to ignition. (Permits shall only be issued to owners of one- and two-family residential properties.)

[2] Wind velocity shall not exceed nine miles per hour.

[3] Contents of the pile may contain only dry leaves, brush, and other dry plant material.

[4] Burning of construction or packaging materials is prohibited.

[5] The size of the burn pile shall not exceed four feet in width or three feet in height.

[6] Open burning shall be constantly supervised by a competent person, at least 16 years old, until the fire is extinguished.

[7] The pile to be burned shall be a minimum of 50 feet from buildings and 25 feet from any public roadways.

[8] If smoke travels in such a manner as to cause a nuisance to neighbors, or obscure any public roadway, the fire shall be required to be extinguished.

[9] Open burning shall only be permitted from 7:00 a.m. to 1/2 hour after sunset.

[10] Open burning shall be permitted from April 1 to June 15 and October 15 to November 30.

[11] Flammable or combustible liquids shall not be used to ignite or accelerate the fire at any point.

[12] A garden hose or other means of extinguishment must be present and readily accessible at all times.

(b) Bonfires. Bonfires may be conducted for public ceremonies, celebrations, and special events, only with a permit approved by the Fire Department, and subject to the following conditions and requirements:

[1] An application shall be obtained from and submitted to the Fire Department no less than seven days prior to the date of the event.

[2] The cost of such permit shall be as set forth under § 133-17 of this code. (Fees shall be refunded if a bonfire permit application is denied by the AHJ.)

[3] After review of the application and inspection of the site, a permit shall be issued or denied at the discretion of the AHJ upon due consideration of the provisions of this chapter and the promotion of public safety and the security of adjoining property.

[4] No accumulating of items to burn in the bonfire shall be allowed prior to the issuance of the permit.

[5] The AHJ reserves the right to reinspect the bonfire site at any time to ensure public safety.

[6] Fires shall be no larger than 10 feet in diameter or 10 feet tall.

[7] The fire area shall be protected by a fire ring or in some other fashion acceptable to the AHJ to prevent fire spread or a fire hazard.

[8] Fires shall contain only wood; other building products are prohibited.

[9] Fires shall not be started or accelerated using flammable liquids.

[10] Fires must be attended at all times by a competent person of at least 18 years of age who has obtained permission of the property owner.

[11] The fire must be at least 50 feet from all structures, roadways and lot lines.

[12] If smoke travels in such a manner that it obscures roadways, the AHJ reserves the right to require that the fire be extinguished.

[13] A garden hose or other means of extinguishment must be present and readily accessible at all times.

(c) Prescribed burns. Prescribed burns may be conducted in order to control invasive weeds, grasses, and brush for the purpose of restoring native prairie plant species and improving wildlife habitat, with the following conditions and restrictions:

[1] Prescribed burns shall be conducted only by a professional environmental consulting or engineering firm demonstrating adequate proof of insurance, and with the approval of the Fire Chief.

[2] Prescribed burn requests shall be evaluated and approved or denied on a case-by-case basis at the sole discretion of the Fire Chief, after consideration of geographic location, present condition, and potential impact on adjoining properties, structures, and roadways.

(2) Permissible burning (permit not required).

(a) Grills:

[1] For other than one- and two-family dwellings, no hibachi, grill, or similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 feet (three meters) of any structure.

[2] For other than one-and two-family dwellings, no hibachi, grill, or other similar devices used for cooking shall be stored on a balcony.

[3] Listed equipment permanently installed in accordance with its listing, applicable codes, and manufacturer's instructions shall be permitted.

[4] Electric grills shall be permitted to be used and stored on balconies, provided that they are UL-listed and intended for outdoor use; and provided they are left uncovered so as to be readily identified as meeting the requirements of this code.

(b) Recreational fires:

[1] Portable fire pits shall not be used or kindled on any combustible surface, balcony, or under any overhanging portion; or within 25 feet of any structure unless contained in an approved manner.

[2] Total fire area shall not exceed three feet in diameter and two feet in height.

[3] Only dry firewood may be burned; burning of yard waste, construction materials, or other refuse is prohibited.

[4] Recreational fires shall be attended at all times by a competent person at least 16 years old, who has obtained permission of the property owner.

[5] Flammable or combustible liquids shall not be used to ignite the fire.

[6] Smoke shall not be a nuisance to neighbors or public roads.

C. Christmas tree sales. For the purpose of this subsection, the following minimum standards shall apply to the storage, handling, and display of live Christmas trees and foliage:

(1) Trees and foliage shall be stacked not closer than 10 feet to any gasoline pump or other device for the transfer of petroleum products.

(2) Aisles or clear spaces of not less than three feet shall be maintained at all times.

(3) A fire extinguisher with a 2A-10BC rating or greater shall be provided by the merchant for each 75 feet of travel display and/or storage area.

(4) All storage and sales of live Christmas trees and foliage shall be held outside of buildings.

D. Blasting.

(1) Blasting shall comply with § SPS 305.20 of the Wisconsin Administrative Code.

(2) The Fire Department shall be notified a minimum of seven days prior to blasting operations.

(3) The AHJ reserves the right to reinspect the project site at any time to ensure public safety.

(4) No blasting materials may be accumulated or stored on site.

(5) Exemptions: Persons or entities engaging in the active operation of quarrying activities, as a legal, nonconforming, permissive or special use of land, prior to the effective date of this chapter, shall be exempt from the permit requirement hereunder.

E. Outdoor, ordinary combustible-fired or fuel furnaces. An outdoor wood-fired furnace shall not be installed or used within the City.

§ 133-15 Flammable, combustible, and hazardous materials.

A. Storage of flammable, combustible and hazardous materials for all occupancy types shall comply with Chapter 60 of the version of NFPA 1 that is currently adopted by reference by the Wisconsin Administrative Code.

B. Flammable, combustible and hazardous materials shall be identified in accordance with NFPA 704.

§ 133-16 (Reserved) [1]

[1] Editor's Note: Former § 133-16, Fire inspection fees, was repealed 3-7-2023 by Ord. No. 2023-2532.

§ 133-17 Fees.

A. Fees shall be established for permits and shall be payable to the municipality. Fees are subject to change.

B. Permit fees. The fees established in Table 133-17A apply to permits required by this code.

Table 133-17A
Permit	Fee
Bonfires	$50 per fire
Open burning	$15 per year
Blasting	$100 per project
Fireworks	$50 per event
Addition, alteration, or removal of 1 to 20 sprinkler heads or alarm components to an existing system	$50 per project
Installation of any fire protection system, including fire sprinkler, fire alarm, wet chemical, clean agent, water mist, or other	$100 per project; in addition to any plan review and inspection fees charged by authorized third party contracted plan review consultant

§ 133-18 Violations and penalties.

A. Any person who violates any of the provisions of this code, or who fails to comply with any order made hereunder, or who builds in violation of any detailed statement of specifications or plans submitted and conditionally approved hereunder, or any certificate or permit herein from which no such appeal has been taken, or who fails to comply with such an order as affirmed or modified by a court of competent jurisdiction within the time fixed herein, shall for each and every violation and noncompliance be subject to the following:

(1) Imposition by forfeiture of no more than $500 per day by the Municipal Court.

(2) Imposition of a penalty for each such violation shall not excuse the violation or permit it to continue, and such violations or defects shall be corrected or remedied within the time stated in the order. Each and every day that a violation of this code occurs constitutes a separate offense.

B. False alarms. If the Fire Department responds to three or more false alarms in one calendar year, the Fire Department may:

(1) Fine the building owner or occupant the amount as per City of Franklin § 76-7 to reimburse the Fire Department for the cost of equipment and personnel that was used to respond to the alarm.

(2) Require that the fire alarm be serviced, upgraded or replaced to bring the alarm system into compliance with current code in order to prevent future false alarms.

C. Any contractor that begins installation and/or alteration of any system regulated by this code prior to obtaining the required permit will be charged a triple fee.

§ 133-19 Appeals.

A. Whenever the AHJ shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provision of this code does not apply or that the true intent and meaning of this code has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the AHJ.

B. Appeals shall be submitted, in writing, to the Chief of the Fire Department for a review of the initial determination within 30 days from the date of the decision of the AHJ.

C. All appeals shall follow Ch. 68, Wis. Stats., Municipal Administrative Procedure.

D. Whenever the Fire Official shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of this chapter do not apply or the true intent and meaning of this section have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Official to the Board of Zoning and Building.