[HISTORY: Adopted by the Village Board of
the Village of Waterford as Chapter 5 of the 1998 Code; amended in
its entirety 1-14-2013 by Ord.
No. 600. Subsequent amendments noted where applicable.]
[Amended 9-28-2015 by Ord. No. 631]
The Village of Waterford, pursuant to its powers to act for the good order and the health, safety and welfare of the public under §§ 61.34, 61.64, 61.65, 62.13, and 101.14, hereby authorizes and organizes the Waterford Fire and Rescue Department as the Fire Department of the Village; and the duties of firefighting, fire prevention and fire inspection, as well as operation and regulation of the rescue squad, and training therefor, and the operation and maintenance of firefighting and rescue squad equipment, are delegated to such Department. Its organization and regulation shall be governed by the provisions of the Wisconsin Statutes, Wis. Admin. Code ch. SPS 330, Fire Department Safety and Health Standards, this chapter, and by the guidelines adopted by the Village Board, except as otherwise provided by law or ordinance. The Chief shall have control of the Department as set forth in § 28-6. The Fire Commission shall have the authority to hire, promote and discipline the members of the Department as set forth in § 5-5 of this Municipal Code.
The Village of Waterford, pursuant to its power to act for the
health and welfare of the public, and in order to protect the public,
employees, firefighters and property from the hazards of fire and
explosion, hereby adopts Wis. Admin. Code ch. SPS 314, Fire Prevention,
in its entirety. Except as provided therein, ch. SPS 314 applies to
the use and operation of all public buildings and places of employment
and adopts a National Fire Prevention Code, with modifications. The
Fire Chief and fire inspectors shall be responsible for enforcement
as provided herein.
A.
Definitions. "Rapid-entry key boxes" are hereby defined as access
boxes, as rapid-entry lock box devices or material lock boxes such
as those provided by the Knox Box Company currently in use by this
Department.
B.
Rapid-entry key boxes required. Pursuant to Wis. Admin. Code ch.
SPS 314 and the National Fire Prevention Code adopted therein, the
Village of Waterford Fire Department elects to require the use of
rapid-entry key boxes as set forth in this section.
(1)
Where required. Rapid-entry key boxes shall be required on all multifamily
dwellings of four families or more that have a common entrance or
share a common area accessible by all occupants. Rapid-entry key boxes
shall be required on all assisted senior housing and community-based
residential facilities, industrial and commercial facilities as designated
by this Department and any location where entry to the property is
secured in whole or part by a fence, gate, wall, or connected buildings,
or as otherwise directed by this Department. Entry key override switches
shall be required on any exit door at any location which uses a card
reader entry system and/or magnetic door lock security system.
(2)
Location. The Fire Chief shall approve the location prior to installation
of any rapid-entry key box. Rapid-entry key boxes shall be located
on the front of a building near the main entrance at grade level,
unless otherwise directed by the Chief.
(3)
Contents. The owner, agent or on-site manager shall provide the appropriate
keys to the building to be placed in the rapid-entry key box. New
keys shall be provided when any locks are changed. Examples of keys
to be provided are:
(4)
Compliance. This section applies to all buildings and businesses set forth in Subsection B(1) that are new construction, currently under construction, or, because of a change of use, an addition, or remodeling must apply for a certificate of occupancy. Compliance with this section is required prior to the grant of an occupancy permit.
(5)
Costs and ordering. Property owners shall be responsible for all
costs of purchase and installation of any rapid-entry key box, key
override switch or other material required by this section. The Village
of Waterford Fire Department shall supply forms for ordering any rapid-entry
key box, key override switch or material required by this section.
A.
Appropriations.
The Village Board shall annually appropriate funds to provide for
Department operations and for such apparatus and equipment for the
use of the Fire Department as it may deem expedient and necessary
to maintain efficiency, to provide rescue squad service, and to properly
protect life and property from fire.
B.
Gifts
and other contributions. The Fire Department shall submit gifts, donations,
contributions or gratuities received by such Department or any branch
thereof from any source to the Village Treasurer to be used for the
benefit of the Department as designated by the Village Board.
C.
Compensation.
The officers and members of the Fire Department shall receive such
compensation from the Village as may be authorized by the Village
Board.
D.
Cost recovery.
(1)
Pursuant
to Wis. Stats. § 61.64, the Village may charge reasonable
fees for rescue services.
(2)
Pursuant
to Wis. Stats. § 61.34, the Village may charge reasonable
fees for Fire Department responses on streets and highways to nonresidents,
provided that Town of Waterford residents may not be billed if the
response occurs in the service area of the Town that the Village Fire
Department covers by contract and the Town is billed for the call
under the contract. When Wis. Stats. § 61.65(8) is applicable,
the Village may apply to the State of Wisconsin Department of Transportation
for reimbursement of unpaid response fees on state highways.
A.
Composition.
The Fire Department shall consist of Village employees, paid on-premises
and paid on-call volunteers, and unpaid volunteers, and shall have
one Chief, two Assistant Chiefs, one Assistant Chief-EMS, and such
other members as are authorized by the Village Board.
B.
Appointment
of officers and members. The Chief shall be appointed by the Fire
Commission. The officers and members of the Department shall be appointed
by the Chief, subject to confirmation by the Fire Commission, pursuant
to the Standard Operating Guidelines of the Department and the Rules
of the Commission. The appointments shall be forwarded to the Village
Board for its information.
[Amended 9-28-2015 by Ord. No. 631]
A.
Application.
Any person desiring to be a member of the Department shall file an
application with the Village, which shall forward it to the Fire Commission.
[Amended 9-28-2015 by Ord. No. 631]
B.
Examinations.
No person may be appointed to the Department unless the person passes
all examinations and drug tests required by the Village and the Fire
Commission.
[Amended 9-28-2015 by Ord. No. 631]
C.
Qualifications.
No person shall be eligible for membership in the Department unless
the person meets the requirements set forth in the Standard Operating
Guidelines of the Department and the job description for the position.
A.
Qualifications.
To be eligible for the office of Chief, a person must meet the requirements
set forth in the Standard Operating Guidelines of the Department and
the job description for the position.
B.
Appointment.
The Chief shall be appointed by the Fire Commission and shall hold
office for a term of two years unless his or her services be sooner
terminated for cause as described in Wis. Stats. § 62.13(5)(em)
by the Fire Commission, or by resignation or death.
[Amended 9-28-2015 by Ord. No. 631]
C.
Powers
and duties.
(1)
General supervision. The Chief shall be the highest ranking officer
and shall have general supervision of the Department, which supervision
shall be subject to and not conflict with this chapter. The Chief
shall be responsible for the personnel, recruitment and general efficiency
of the Department.
(2)
Presiding officer. The Chief shall preside at all meetings of the
Department, call special meetings, preserve order, decide all points
of order that may arise and enforce a rigid observance of this chapter.
The Chief shall be directly responsible to the Village Board.
(4)
Department budget. When requested by the Finance Committee, the Chief
shall file with the Village Treasurer a detailed estimate of the appropriations
needed for the conduct of the Department during the ensuing fiscal
year.
(5)
Reports.
(a)
Annual. The Chief shall submit a written report to the Village
Board not later than October 1 of each year, and at such other times
as the Chief deems desirable, relating to the condition of each piece
of apparatus and equipment, the number of members of the Fire Department
and the Rescue Squad, the total number of active members in the Department
and resignations and expulsions from the Department. The Chief shall
also report upon the drill and training program of the Department,
together with other pertinent information, including recommendations
for such improvements as the Chief deems proper and necessary for
the operation of the Department.
(b)
Monthly. The Chief shall keep an accurate and complete record
of all of the fire alarm activity and the loss occasioned thereby,
together with such other data as may be prescribed from time to time
by the Village Board. Such report shall be collated monthly, and a
written report shall be presented to the Village Board quarterly,
or more frequently if required by the Village Board. The Chief shall
also present the quarterly reports submitted by the Assistant Fire
Chief-EMS regarding the rescue activity and the fire inspectors'
quarterly report regarding the fire inspection activity.
(6)
Enforcement of fire prevention ordinances. The Chief shall enforce
all fire prevention ordinances of the Village and all state laws and
regulations pertaining to fire prevention and fire inspection, shall
keep citizens informed of fire prevention methods and of the activities
of the Department, and shall provide fire education services pursuant
to Wis. Stats. § 101.14(2)(cm). The Chief shall provide
for the duties of fire inspection imposed by § 101.14(2).
(7)
Alarm records. The Chief shall keep a record of every fire to which
the Department was called and shall record the location of the fire,
the time the alarm was received, the cause of the fire, where the
fire started, the cause of delay (if any) in responding, the method
of extinguishment and equipment used, the names of the members responding
and general remarks. The Chief shall require the Assistant Chief-EMS
to keep a record of all of the rescue alarms, noting the date, time,
location, patient age, address, treatment and care rendered, disposition
and members responding.
(8)
Apparatus inventory. The Chief shall keep an inventory of all apparatus
and equipment and an inventory of all hose, showing dates and results
of tests on each length, which shall be individually numbered, and
shall participate in new item purchases.
(9)
Duties of commanding officer. The Chief shall perform the duties
required of his position by state law and the Wisconsin Administrative
Code, shall appoint committees regarding fire matters, and shall perform
such other duties as are usually incumbent on the commanding officer
of the Fire Department.
(10)
Reporting. As the department head, the Fire Chief reports to the
Village Administrator. The Fire Chief shall provide that an Assistant
Chief or other designee report to the Village Administrator in his
or her absence.
[Amended 9-28-2015 by Ord. No. 631]
A.
Grounds for disciplinary action. The Fire Commission may take disciplinary action against, pursuant to the provisions of Subsection B, any member of the Department who has violated any rule or regulation of the Village, as set forth in the Personnel Manual, the Standard Operating Guidelines, or in other rules or regulations. The Village Administrator shall be informed of such action.
B.
Procedure.
Upon complaint or information and belief that any member of the Department
has violated any provision of this section, charges may be filed with
the Fire Commission by the Chief, a member of the Commission, the
Commission as a body, or any aggrieved person. Such charges shall
be in writing and shall be filed pursuant to Wis. Stats. § 62.13(5).
The Chief or the Commission may suspend a Department member pending
the disposition of the charges. The Commission shall act pursuant
to Wis. Stats. § 62.13(5) and Commission rules and regulations.
A.
Control.
The Chief shall have control of all equipment used by the Department
and shall be responsible for its proper maintenance. Emergency repairs
may be authorized by the Chief, report thereon to be given to the
Village Board.
B.
Use.
No equipment shall be used for any purpose except for firefighting
and rescue within the Village limits, or in training therefor, except
pursuant to an agreement approved by the Village Board. With the approval
of the Chief or his or her designee, or, if neither is available,
the highest ranking officer available, such apparatus may be used
for emergency or training purposes other than firefighting and rescue
within the Village and the areas covered by fire protection agreements.
Said use is specifically allowed pursuant to the terms of a mutual
aid agreement approved by the Village Board.
C.
Applicability
of state emergency vehicles regulations. The provisions of Wis. Stats.
§§ 346.03 and 346.19, relating to the operation and
control of emergency vehicles, and Wis. Stats. §§ 347.38(4)
and 347.25(1), relating to equipment on emergency vehicles, are adopted
by reference and made a part of this section as though set forth in
full. The drivers of emergency vehicles shall use extreme caution
and drive according to the existing conditions.
D.
Injury
to equipment. No vehicle shall be driven over any unprotected hose
of the Fire Department when laid down on any street, private driveway
or other place without the consent of the officer in command at the
scene. No person shall willfully injure any hose, hydrant or fire
apparatus belonging to the Village.
A.
Police
powers at fires. The Chief and assistants or officers in command at
any fire are hereby vested with full and complete police authority
at fires. Any officer of the Department may cause the arrest of any
person failing to give the right-of-way to the Fire Department in
responding to a fire.
B.
Control
of fires. The Fire Chief may prescribe certain limits in the vicinity
of any fire within which no persons, excepting firefighters, rescue
personnel and police officers and those admitted by order of any officer
of the Police or Fire Department, may come. The Chief may cause the
removal of any property whenever it becomes 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 may order the removal or destruction of any property necessary
to prevent the further spread of the fire. The Chief may also cause
the removal of all wires or other facilities and the turning off of
all electricity or other services where the same impede the work of
the Department during the progress of a fire.
C.
Firefighters
may enter property. Any firefighter acting under the direction of
the Fire Chief or other officer in command may enter upon premises
in the vicinity of any building or other property then on fire for
the purpose of extinguishing such fire; and if any person hinders,
resists or obstructs any firefighter in the discharge of his duty
as herein provided, the person so offending shall be deemed guilty
of resisting firefighters in the discharge of their duties.
A.
Appointment and compensation.
(1)
Appointment. The Fire Chief shall provide for fire inspections required
by Wis. Stats. § 101.14 by appointing fire inspectors, subject
to confirmation by the Fire Commission. Each inspector shall become
state-certified within his or her first two-year term.
[Amended 9-28-2015 by Ord. No. 631]
(2)
Compensation. The compensation of the fire inspectors and other conditions
of employment shall be established by the Village Board.
(3)
The fire inspectors shall be under the authority of and report to
the Fire Chief.
B.
Inspections.
(1)
The Chief shall require that the fire inspectors perform inspections
as required by Wis. Stats. § 101.14 to determine and cause
to be eliminated any fire hazard or any violation of any law relating
to fire hazards or to the prevention of fires.
(2)
The inspections required under Subsection B(1) shall be made at least one in each nonoverlapping six-month period in every calendar year.
(3)
The inspectors shall also investigate the storage and handling of
explosives and flammable liquids within the Village.
(4)
Fire inspection fees.
(a)
Fire inspection fees shall be charged to the property owner
of record for each public building and place of employment for and/or
within which fire inspection is required by state law, code or regulation,
including but not limited to all commercial and industrial buildings,
all buildings containing a commercial or industrial use, all residential
structures containing a common area, all residential structures having
a fire alarm system, and any other building for which inspection is
mandated, at an annual rate per separate business space or other applicable
use located within a building, in an amount set by the Village Board.
These fees shall apply to taxable property and tax-exempt property
alike.
[1]
"Public building" and "place of employment" are defined as set
forth in Wis. Stats. § 101.01. A residential structure is
defined as a public building when it is a structure for use by three
or more tenants. A common area in a residential structure includes,
but is not limited to, a common corridor, hallway, stairway, basement,
cellar, vestibule, atrium, community room, laundry room, swimming
pool room, or entry area.
[2]
All buildings, structures, and premises owned by the Village
government, the town government, the state government, the public
school districts, and the United States government shall be exempt
from the annual fire inspection fee.
(b)
The annual fire inspection fee shall constitute a special
charge for current services against the property pursuant to Wis.
Stats. § 66.0627. The special charges shall be shown in the Fee
Schedule and the fee for each property shall be included on the property
tax bill and collected as set forth in Wis. Stats. § 66.0627
and Wis. Stats. ch. 74. No administrative fee shall be charged.
[Amended 7-9-2018 by Ord.
No. 664]
C.
Record of inspections. The fire inspectors shall make and keep records
of each property inspected in the manner and form required by the
State Department of Safety and Professional Services under Wis. Stats.
§ 101.14. Monthly and quarterly reports of inspections conducted
and citations issued shall be submitted to the Fire Chief for presentation
to the Village Board.
D.
Correction of fire hazards. When any inspection by a fire inspector
reveals a fire hazard, the inspector may serve a notice, in writing,
upon the owner of the property, giving such owner a reasonable time
in which to remove the hazard, and may require the removal of explosives,
flammable liquids or similar hazards within 24 hours. Repairs or alterations
necessary to remove the hazardous condition shall be made within the
time allowed at the expense of the owner. If the fire hazard is not
removed within the time allowed, the fire inspector shall issue a
citation. The hazard shall be deemed a nuisance, and the fire inspector
may have the same removed by the Village; and the cost of such removal
shall be recovered in an action by the Village against the owner of
the property and may also be entered in the tax roll as a special
charge against the property.
E.
Entering on premises. The fire inspectors shall be allowed to enter
property for the purpose of inspection pursuant to Wis. Stats. § 101.14(1)(b)
and (bm). No person shall deny an inspector free access to any property
within the Fire Department's jurisdiction at any reasonable time
for the purpose of making fire inspections. No person shall hinder
or obstruct a fire inspector in the performance of duty or refuse
to observe any lawful direction given by the inspector.
