City of Mayville, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Mayville 2-13-1989 by Ord. No. 695-89 as §§ 5.09 to 5.14, 5.20 and 9.15 of the 1989 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 70.
Building construction — See Ch. 164.
Electrical standards — See Ch. 203.
Hazardous materials — See Ch. 235.
Nuisances — See Ch. 303.
Interference with fire hydrants — See Ch. 317.

§ 223-1 Fire inspections.

A. 
Fire Chief to be Fire Inspector. The Fire Chief shall hold the office of Fire Inspector with power to appoint one or more Deputy Fire Inspectors, who shall perform the same duties and have the same powers as the Fire Inspector.
B. 
Inspection duties. The Fire Inspector shall inspect, semiannually, all public buildings and places of employment, as defined in § 101.01(11), Wis. Stats. and, annually, any commercial buildings not open to the public, within the City limits for the purpose of noting and causing to be corrected any conditions liable to cause fires. Repairs or alterations necessary to remove the hazardous condition shall be made within a reasonable time at the expense of the owner. The Fire Inspector shall also investigate the storage and handling of explosives and inflammable liquids within the City.
[Amended 6-13-2016 by Ord. No. 1085-2016]
C. 
Procedure. Fire inspection procedures and forms shall be developed in accordance with § 101.14, Wis. Stats., § 223-2 of this chapter and applicable codes of the National Fire Prevention Association.
D. 
Written record of inspections. The Chief shall keep a written record card of each property inspected which shall conform to the requirements of the State Department of Commerce and shall make the semiannual report of inspections required by said Department.
E. 
Correction of fire hazards. When any fire inspection by the Fire Inspector reveals a fire hazard, the Fire Inspector may serve a notice, in writing, upon the owner of the property giving said owner a reasonable time in which to remove the hazard. If the violation is not corrected within the time allowed, a penalty will be subject to forfeiture as provided in § 1-4 of the Mayville Municipal Code.
[Amended 6-13-2016 by Ord. No. 1085-2016]
F. 
Entering on premises. No person shall deny the Fire Inspector or his deputies free access to any property within the City at any reasonable time for the purpose of making fire inspections. No person shall hinder or obstruct the Fire Inspector in the performance of his duty or refuse to observe any lawful direction given by him.
G. 
Building inspection fees. Businesses, churches, schools and other nonprofit facilities shall be charged for annual inspections conducted by the Mayville Fire Department. Fire inspection shall occur semiannually, and an inspection fee as determined by a fee schedule approved by the Common Council, from time to time, shall be assessed each property inspected by the Fire Department. Fire inspection fees shall constitute a special charge against the property under Wis. Stat. §§ 66.0627 and 66.0628, and shall be invoiced to the property owner. Any fees remaining unpaid as of November each year shall be placed on the annual tax roll for collection as a special charge, together with an administrative charge of $25 per parcel. All proceedings related to the collection of real estate taxes shall apply.
[Added 12-16-2013 by Ord. No. 1064-2013]

§ 223-2 Adoption of standards.

[Amended 6-9-2003 by Ord. No. 945-2003]
A. 
The following chapters of the Wisconsin Administrative Code, Rules of the Department of Commerce, are hereby adopted by reference and made a part of this chapter:
Comm 7
Explosive Materials
Comm 9
Manufacture of Fireworks
Comm 10
Flammable and Combustible Liquids
Comm 14
Fire Prevention
Comm 16
Electrical
Comm 28
Smoke Detectors
Comm 32
Public Employee Safety and Health
Comm 40
Gas Systems
Comm 61 to 65
Commercial Building Code
NFPA 1
Fire Prevention Codes
B. 
A copy of the above codes is on file in the office of the Fire Chief.

§ 223-3 Accidental spills of hazardous substances.

See Chapter 235, Hazardous Materials, of this Code.

§ 223-4 Right-of-way of fire apparatus.

The officers and members of the Fire Department, with their fire equipment of every kind, when going to or on duty at a fire, shall have the right-of-way over all other vehicles upon City streets, and the operator of any other vehicle, whether motor or otherwise, upon the approach of such fire apparatus, shall immediately drive such other vehicle as far as possible to the right of the thoroughfare and shall keep such vehicle stationary until such fire apparatus shall have passed. Except when actually responding to a fire alarm or other emergency call, the apparatus and vehicles of the Fire Department shall, however, have no special right-of-way or other privileges of any kind and shall be subject to all traffic regulations applied to other vehicles. Emergency vehicles responding to a call, and exceeding the posted speed limit, shall have all emergency lights and siren in operation.

§ 223-5 Traffic laws apply to volunteers.

All volunteer firemen, when responding to a fire call with a private vehicle, shall comply with all traffic regulations, except nonmoving traffic regulations.

§ 223-6 Fire alarm systems.

[Amended by Ord. No. 720-90B; Ord. No. 927-2002]
A. 
Purpose. It is hereby declared to be the policy of the City to encourage the installation of reliable fire alarm systems to provide additional protection from fire which might be a danger to persons and property but to discourage the incidence of preventable or avoidable false alarms and protect the City from unnecessary expense and damage claims which may arise from the City responding to a false alarm.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALARM BUSINESS
Any business operated by a person for profit which alters, installs, leases, maintains, monitors, replaces, sells, services or responds to an alarm system or which causes any of these activities to take place.
ALARM SYSTEM
One or more devices installed or placed to signal the presence of a hazard requiring urgent attention to which the Fire Department is expected to respond.
ALARM USER
Any person who owns or rents the premises on which an alarm system is maintained within the City or the City fire district.
FALSE ALARM
The activation of an alarm system through negligence of the owner or lessee of an alarm system or of his employees or agents, the activation of an alarm system through mechanical failure or malfunction because of improper maintenance by the alarm user, or the activation of an alarm system because of improper installation and/or use of equipment by the alarm business, but does not include alarms caused by a wind storm, tornado, fire, electrical system failure, electrical storm or other violent condition beyond the control of the owner of the private alarm system, as determined by the Fire Chief.
FIRE ALARM
An alarm system signaling the presence of fire or smoke.
C. 
False alarm service fees.
(1) 
Fees. An alarm user shall pay to the City Clerk, within 10 days after activation, the following service fees for false fire alarms which occur within a continuous twelve-month period:
(a) 
First false alarm: letter of warning.
(b) 
Second or subsequent false alarm: a fee as set by the Common Council.
(2) 
Determination of false alarm. The Fire Chief shall determine whether or not the activation of an alarm was a false alarm as defined in Subsection B above.
(3) 
Correction of alarm deficiencies. An alarm user shall correct any deficiencies in equipment or operation of his alarm system within 30 days following either his actual knowledge of such deficiency or the mailing of a written notice from the City Clerk, whichever date is earlier. In the event that such deficiency cannot be corrected within the thirty-day period, the alarm system shall be deactivated until such corrections are completed.
(4) 
Appeal. Any person aggrieved by any provision of this section may, within 10 days, submit a written appeal to the Council. The Council shall hear the matter within 20 days of the receipt of the appeal and render its decision, in writing, within three days.

§ 223-7 Burning regulations.

[Amended by Ord. No. 720-90B; Ord. No. 836-96; 3-12-2001 by Ord. No. 916-2001; 11-8-2004 by Ord. No. 964-2004; 3-10-2008 by Ord. No. 1006-2008; 4-10-2017 by Ord. No. 1091-2017]
A. 
No combustible waste, rubbish, grass or other refuse or material of whatever nature shall be burned outdoors in the City at any time or any place whatever, except as follows:
(1) 
The operation of outdoor grills, outdoor fireplaces and related outdoor cooking equipment for outdoor cooking of food only shall not be subject to prohibition by this section.
(2) 
No permit shall be required for the burning of brush or other materials by City employees while on duty. The Municipal Fire Department may conduct controlled burns to train without obtaining a burning permit. No other persons may burn any combustible substance within the City limits.
B. 
No person, firm or corporation shall build any outdoor fire within the corporate limits of the City of Mayville except as set forth:
(1) 
Outdoor cooking over a fire contained in a device or structure designed for such use.
(a) 
Material used to make a cooking fire cannot include construction materials, trash or rubbish.
(b) 
All cooking devices must be in good working condition to prevent the possible spread of fire.
(c) 
For all multifamily dwellings more than one story in height, the use and/or storage of any propane or charcoal portable cooking device or any portable fireplaces is strictly prohibited above the first-floor occupancy.
(d) 
For all multifamily dwellings more than one story in height, the use of any open or closed outdoor cooking device, any portable fireplace device, or any open flame device is prohibited within 25 feet of the structure on the ground floor or any combustible material on the ground floor.
(2) 
Recreational fires.
(a) 
Intent. It is the intent of the City of Mayville that citizens shall have the opportunity to have recreational fires at single-family and two-family dwellings, provided that such fires are in strict compliance with restrictions relating to recreational fires. It is further the intent of the City of Mayville that the Police Department and Fire Department shall strictly enforce these restrictions so as to ensure that such fires do not compromise safety or annoy neighbors.
(b) 
Definitions. A portable fire pit is a structure or device intended to contain and control outdoor wood-only fires. This shall include a structure which although not portable is designed to contain and control outdoor wood fires. A permanent fire pit is dug into the ground surrounded by mesh wire and has a cover.
(c) 
No recreational fire may be started or allowed to continue burning unless such recreational fire is contained in a portable fire pit, such as the Coleman or Weber type portable fire pits which are available at most hardware stores or a permanent fire pit with cover.
(d) 
Portable fire pits, such as devices commercially designed and intended to control and contain outdoor wood fires, may be used in accordance with the manufacturer's specifications and these regulations and must be based upon a noncombustible surface. All fire pits shall be a recommended distance of at least 25 feet from any building.
(e) 
No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed will cause smoke, embers, or other burning materials to create a nuisance for neighboring property owners. The fire shall be completely extinguished immediately upon the complaint of any smoke nuisance.
(f) 
Material for recreational fires or portable fire pits shall not include rubbish, garbage, recyclable items, trash, or any material made of petroleum base and shall not contain any flammable or combustible liquids, except for devices which are designed to burn liquefied petroleum (LP) gas.
(g) 
All recreation fires or portable pits shall be attended to 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.
(h) 
Covers for portable/permanent fire pits must stay on while being used.
(i) 
No wood shall extend outside the portable fire pits.
(j) 
Open-flame candles and fixtures. No airborne open flame device, i.e., sky lantern, may be launched or used, free-floating or tethered in the City of Mayville. Airborne open-flame devices from neighboring jurisdictions that enter into the City are also prohibited. The term "sky lantern" as used in this section means any airborne lantern typically constructed from paper with a wood, metal or cardboard frame containing a candle or fuel cell composed of a waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. Sky candles, fire balloons and airborne paper lanterns means the same as sky lanterns.
(3) 
Chief may regulate and prohibit. The Fire Chief or his designee is permitted to prohibit all outdoor burning when atmospheric conditions or local circumstances make such fires hazardous.[1]
[1]
Editor's Note: Original § 9.15(4)(d), Penalty, which immediately followed this subsection, was repealed 3-10-2008 by Or. No. 1006-2008. See now § 223-11, Violations and penalties.

§ 223-8 Natural gas meters and gas pumps.

[Added by Ord. No. 692-89 (§ 5.16 of the 1989 Code); amended by Ord. No. 720-90B]
Outside natural gas meters and gas pumps exposed to vehicular traffic must be constructed so as to be protected from physical damage; all natural gas meters and gas pumps exposed to vehicular traffic must be protected by construction of two metal pipes, each six inches in diameter and filled with concrete. Such metal pipes must be located to protect the gas meter or gas pump from damage and must be built three feet into the ground and be exposed three feet out of the ground. In lieu of construction of such metal pipes, a concrete abutment may be constructed, exposed three feet out of the ground, and constructed at each end of the gas meter or gas pump.

§ 223-9 Removal or abandonment of underground tanks.

[Added by Ord. No. 693-89 (§ 5.17 of the 1989 Code); amended by Ord. No. 746-91]
A. 
Permit required. No person shall abandon or remove any underground storage tank located within the City without obtaining a permit from the City Clerk for the removal or abandonment of each tank. The permit fee shall be as set by the Common Council. Permits shall be requested seven days prior to removal or abandonment.
B. 
Abandonment. The following steps shall be taken, under supervision of the Fire Chief or his designee, to abandon an underground tank in place. All tanks shall be removed unless the tank is located under the foundation of a building and abandonment is approved by the Fire Chief:
(1) 
Remove all flammable liquid from the tank and from all connecting lines.
(2) 
Disconnect the section, inlet, gauge, and vent lines.
(3) 
Fill the tank to overflowing with sand or pea gravel and close all tank openings with pipe plugs sealed with appropriate sealing compound.
(4) 
Comply with all provisions of the Wisconsin Statutes and Administrative Code relating to abandonment of underground storage tanks.
C. 
Removal. The following steps shall be taken, under the supervision of the Fire Chief or his designee, to remove an underground tank:
(1) 
Remove all flammable liquid from connecting lines.
(2) 
Disconnect and remove insofar as possible the suction, inlet, gauge, and vent lines.
(3) 
Cap or plug open ends of remaining lines.
(4) 
Close all openings in the tank with pipe plugs before the tank is removed from the ground. If immediate removal from the premises is not possible, take the necessary steps, as approved by the Fire Chief or designee of the Fire Chief, to make the tank gas free until it is removed, which removal shall take place as soon as is practicable.
(5) 
Keep the tank tightly sealed with plugs or caps until it is removed from the premises and during transportation as it is removed.
(6) 
Comply with all provisions of the Wisconsin Statutes and Administrative Code relating to removal and disposal of underground storage tanks.

§ 223-10 Key lock system.

[Added by Ord. No. 877-99 (§ 5.18 of the 1989 Code)]
A. 
The following structures constructed after July 1, 1999, shall be equipped with a key lock box at or near the main entrance or such location required by the Fire Chief:
(1) 
Commercial or industrial structures protected by an automatic alarm system or automatic suppression system or secured in a manner that restricts access during an emergency.
(2) 
All multiple-family residential structures that have restricted access through locked doors and have a common corridor for access to the living units.
(3) 
Governmental structures and nursing care facilities.
B. 
All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit, unless the Fire Chief grants a variance and determines that a lock box is not necessary.
C. 
The Fire Chief shall designate a lock box system to be implemented within the City and shall have the authority to require all structures to use the designated system.
D. 
The owner or operator of a structure required to have a lock box shall, at all times, keep a key(s) in the lock box that will allow for access to the structure.
(1) 
The Mayville Fire Department will be the only holder of the lock box key.
(2) 
The entry key(s) shall be updated as necessary and will be checked as part of the fire inspection visits.
(3) 
The owner or operator of a structure required to have a key system shall provide to the Mayville Fire Department a list each year of the emergency contacts in case of an emergency.

§ 223-11 Violations and penalties.

[Amended by Ord. No. 720-90B]
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.