Town of Herman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Herman at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Fireworks — See Ch. 213.
Hazardous materials — See Ch. 224.
Property maintenance — See Ch. 289.

§ 210-1 Impeding Fire Department equipment or operations.

A. 
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of a Fire Department along the streets or alleys of the Town of Herman at the time of a fire or when a Fire Department is using such streets or alleys in response to a fire alarm or for practice.
B. 
No person shall obstruct the operations of a Fire Department in connection with extinguishing any fire or actions relative to other emergencies or disobey any lawful command of the fire official in charge of the emergency or any lawful order of a police officer assisting the Fire Department.

§ 210-2 Police power of Fire Department; investigation of fires.

A. 
Police authority at fires.
(1) 
The Fire Chief and his/her assistants or officers of a Fire Department in command at any fire in the Town of Herman are hereby vested with full and complete police authority at fires. Any officer of a Fire Department may cause the arrest of any person failing to give the right-of-way to the Fire Department in responding to a fire.
(2) 
The Fire Chief may prescribe certain limits in the vicinity of any fire within which no persons, excepting firefighters and law enforcement officers and those admitted by order of any officer of the Fire Department, shall be permitted to come. The fire official in charge of an emergency scene shall have the authority to establish fire line barriers to control access in the vicinity of such emergency and to secure any street or alley. No unauthorized person may cross such fire line barriers.
(3) 
The Fire Chief shall have the power to cause the removal of any property whenever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect the adjoining property, and during the progress of any fire he/she shall have the power to cause the removal of all wires or other facilities and the turning off of all electricity or other services where the same impedes the work of the Fire Department during the progress of a fire.
B. 
Fire inspection duties.
(1) 
The Fire Chief shall be the Fire Inspector in the Town of Herman and shall have the power to appoint one or more Deputy Fire Inspectors and shall perform all duties required of the Fire Inspector by the laws of the state and rules of the Wisconsin Department of Safety and Professional Services, particularly § 101.14, Wis. Stats.
(2) 
While acting as Fire Inspector pursuant to § 101.14(2), Wis. Stats., the Fire Chief, or any officers 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 Herman at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code of Ordinances, he/she may deem necessary. Should the Fire Inspector(s) find that any provisions of this Code relating to fire hazards and prevention of fires are being violated, or that a fire hazard exists which should be eliminated, it shall be his/her duty to give such directions for the abatement of such conditions as he/she shall deem necessary and, if such directions are not complied with, to report such noncompliance to his/her Fire Chief and to the Town Board for further action.
(3) 
The Fire Chief is required, by himself/herself or by officers or members of the Fire Department designated by him/her 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. Such inspections in that Department's jurisdictional area shall be made at least once in six months in all of the territory served by the Fire Department, and not less than once in three months in such territory as the Town Board has designated or thereafter designates as within the Town or as a congested district subject to conflagration, and more often as the Fire Chief orders. Each six-month period shall begin on January 1 and July 1.
(4) 
Written reports of inspections shall be made and kept on file in the office of Fire Chief in the manner and form required by the Wisconsin Department of Safety and Professional Services.

§ 210-3 Damaging hose or other apparatus; parking by hydrants or near fire.

A. 
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Fire Department, and no vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private driveway or other place, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.
B. 
Parking vehicles near hydrants. It shall be unlawful for any person to park any vehicle or leave any object within 10 feet of any fire hydrant at any time.
C. 
No parking near fire. It shall be unlawful for any person, in case of fire, to drive or park any vehicle within one block from the place of fire without the consent and authority of the Fire Chief or any law enforcement officer.

§ 210-4 Right of entry; removal or destruction of property.

A. 
Entering adjacent property. It shall be lawful for any firefighter, while acting under the direction of the Fire Chief or any other officer in command, to enter upon the premises adjacent to or in the vicinity of a building or other property then on fire for the purpose of extinguishing such fire, and in case any person shall hinder, resist or obstruct any firefighter in the discharge of his/her duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firefighters in the discharge of their duty.
B. 
Removal or destruction of property to prevent the spread of fire. During the progress of any fire, the Fire Chief or his/her assistant shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire, provided that it is inevitable that, unless such property is removed, other property is in danger of being destroyed by fire.

§ 210-5 Duty of bystanders to assist.

Every person who shall be present at a fire shall be subject to the orders of the Fire Chief or officer in command and may be required to render assistance in fighting the fire or in removing or guarding property. Such officer shall have the power to cause the arrest of any person or persons refusing to obey said orders.

§ 210-6 Vehicles to yield right-of-way.

Whenever there shall be a fire or fire alarm or the Fire Department is out for practice, every person driving or riding in a motorized or other vehicle shall move and remain to the side of the street until the fire engine and fire truck and other fire apparatus shall have passed.

§ 210-7 Regulations during conditions of extreme fire danger.

A. 
Declaration of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Town of Herman. This extreme danger of fire affects the health, safety, and general welfare of the residents of the Town of Herman and constitutes a state of emergency. It is hereby found that the regulation of fires, burning materials, and fireworks is necessary and expedient for the health, safety, welfare and good order of the Town of Herman during said emergency.
B. 
Regulation of fires, burning materials and fireworks. When a burning state of emergency is declared, it may be ordered that a person may not:
(1) 
Set, build, or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves in Town parks placed at least 20 feet away from any combustible vegetation.
(2) 
Throw, discard or drop matches, cigarettes, cigars, ashes, charcoal briquettes or other burning materials while outdoors except into a noncombustible container that does not contain combustible materials.
(3) 
Light or ignite a flare, except upon a roadway in an emergency.
(4) 
Light, ignite, or use anything manufactured, processed, or packaged solely for the purpose of exploding, emitting sparks or combustion for amusement purposes, including fireworks, firecrackers, bottle rockets, caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains that emit sparks and smoke, except in displays authorized by the Town where adequate fire prevention measures have been taken.
C. 
Period of emergency.
(1) 
The periods of emergency for which this section shall be in effect shall be during such periods that the Town of Herman and Dodge County, Wisconsin, are under Wisconsin Department of Natural Resources emergency fire regulations banning outdoor smoking and campfires, or when necessary as determined by the Town Chairperson, upon the recommendation a Fire Chief.
(2) 
Burning emergencies shall become effective upon the time and date of the Town Chairperson declaring a state of emergency and shall remain in effect until the period of emergency ceases to exist or until the ratification, alteration, modification, or repeal of the burning state of emergency by the Town Board.

§ 210-8 Adoption of national and state codes.

A. 
State Administrative Code chapters adopted. The following rules and regulations as promulgated within the Wisconsin Administrative Code, together with any future additions, deletions, or supplements thereto, are herewith incorporated as part of this chapter and shall be enforced with the same force and effect as though set forth in full herein; provided, however, that where such rules and regulations are less stringent than other provisions found in this chapter, the provisions of this chapter shall apply:
(1) 
Chapter ATCP 93, Flammable, Combustible and Hazardous Liquids.
(2) 
Chapter SPS 307, Explosives and Fireworks.
(3) 
Chapter SPS 314, Fire Prevention.
(4) 
Chapter SPS 316, Electrical.
(5) 
Chapters SPS 320 to 325, Uniform Dwelling Code.
(6) 
Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
(7) 
Chapter SPS 330, Fire Department Safety and Health.
(8) 
Chapter SPS 343, Anhydrous Ammonia.
(9) 
Chapters SPS 361 to 366, Commercial Building Code.
(10) 
Chapters SPS 375 to 379, Buildings Constructed Prior to 1914.
(11) 
Chapters SPS 381 to 387, Plumbing.
B. 
Adoption of NFPA Codes. The following rules and regulations issued by the National Fire Protection Association (NFPA), together with any future additions, deletions or supplements thereto, are herewith adopted and incorporated by reference as part of this chapter and shall be enforced with the same force and effect as though set forth in full herein; provided, however, that where such rules and regulations are less stringent than other provisions found in this chapter, the provisions of this chapter shall apply:
(1) 
Fire Code, NFPA 1, except for §§ 3-23.1 and 7-1.2.
(2) 
Life Safety Code, NFPA 101.
(3) 
Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, NFPA 25.
(4) 
Standard for Spray Application Using Flammable or Combustible Materials, NFPA 33.
(5) 
National Fuel Gas Code, NFPA 54.
(6) 
Liquid Petroleum Gas Code, NFPA 58.
(7) 
Standard for Aircraft Fuel Servicing, NFPA 407.