[HISTORY: Adopted by the Village Board of the Village of
Trempealeau 12-2-1987 as §§ 3-2-3 to 3-2-11 and 3-3-1 of the 1987
Code. Amendments noted where applicable.]
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Trempealeau Fire Department along the
streets or alleys of such Village at the time of a fire or when the
Fire Department of the Village is using such streets or alleys in
response to a fire alarm or for practice.
A.
Police authority at fires.
(1)
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.
(2)
The Fire Chief may prescribe certain limits in the vicinity of any
fire within which no persons, excepting firemen and policemen and
those admitted by order of any officer of the Department, shall be
permitted to come.
(3)
The 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 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 Department during the progress of a fire.
B.
Fire inspection duties.
(1)
The Fire Chief shall be the Fire Inspector of the Village of Trempealeau
and shall have the power to appoint one or more deputy Fire Inspectors
and shall perform all duties required of the Fire Inspectors by the
laws of the state and rules of the 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 officer 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 Village of Trempealeau
at all reasonable hours for the purpose of making inspections or investigations
which, under the provisions of this code, he may deem necessary. Should
the Fire Inspector 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 duty
to give such directions for the abatement of such conditions as he
shall deem necessary and, if such directions be not complied with,
to report such noncompliance to the Village Board for further action.
(3)
The Chief of the Fire Department is required, by himself or by officers
or members of the Fire Department designated by him as fire inspectors,
to inspect all buildings, premises and public thoroughfares, except
the interiors of private dwellings, for the purpose of ascertaining
and causing to be corrected any conditions liable to cause fire, or
any violations of any law or ordinance relating to the fire hazard
or to the prevention of fires. Such inspections 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 Village
Board has designated or thereafter designates as within the fire limits
or as a congested district subject to conflagration, and oftener as
the Chief of the Fire Department orders. Each six-month period shall
begin on January 1 and July 1, and each three-month period on January
1, April 1, July 1 and October 1 of each year.
(4)
Written reports of inspections shall be made and kept on file in
the office of the Chief of the Fire Department in the manner and form
required by the Department of Safety and Professional Services. A
copy of such reports shall be filed with the Village Clerk-Treasurer.
A.
Driving over fire hose. No person shall willfully injure in any manner
any hose, hydrant or fire apparatus belonging to the Village, 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
police officer.
A.
Entering adjacent property. It shall be lawful for any fireman 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 fireman in the discharge of his duty as is hereinbefore provided,
the person so offending shall be deemed guilty of resisting firemen
in the discharge of their duty.
B.
Destruction of property to prevent the spread of fire. During the
progress of any fire, the Fire Chief or his 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.
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.
Whenever there shall be a fire or fire alarm or the Fire Department
shall be 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.
No person shall occupy any portion of such streets or alleys
with a motorized or other vehicle between such fire engine or fire
truck or other fire apparatus or any hydrant to which a fire hose
may be, or may be about to be, attached.
A.
Purpose. This section is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Village of Trempealeau due
to the air pollution and fire hazards of open burning, outdoor burning
and refuse burning.
B.
Applicability. This section applies to all outdoor burning and refuse
burning within the Village of Trempealeau, Wisconsin.
(1)
This section does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
(2)
This section does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in Subsection D of this section.
(3)
This section does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
C.
CAMPFIRE
CLEAN WOOD
CONFIDENTIAL PAPERS
FIRE CHIEF
OPEN BURNING
OUTDOOR BURNING
OUTDOOR WOOD-FIRED FURNACE
REFUSE
Definitions. As used in this section, the following terms shall have
the meaning indicated:
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material, has not been pressure-treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
Printed material containing personal identification or financial
information that the owner wishes to destroy.
The Chief of the Trempealeau-Caledonia Fire Department or
other person authorized by the Fire Chief.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
Open burning or burning in an outdoor wood-fired furnace.
A wood-fired furnace, stove or boiler that is not located
within a building intended for habitation by humans or domestic animals.
Any waste material except clean wood.
D.
General prohibition on outdoor burning and refuse burning. Open burning,
outdoor burning and refuse burning are prohibited in the Village of
Trempealeau unless the burning is specifically permitted by this section.
E.
Materials that may not be burned.
(1)
Unless
a specific written approval has been obtained from the Department
of Natural Resources, the following materials may not be burned in
an open fire, incinerator, burn barrel, furnace, stove or any other
indoor or outdoor incineration or heating device.
(2)
Rubbish
or garbage, including but not limited to food wastes, food wraps,
packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
(3)
Waste
oil or other oily wastes, except used oil burned in a heating device
for energy recovery subject to the restrictions in Chapter NR 590,
Wisconsin Administrative Code.
(4)
Asphalt
and products containing asphalt.
(5)
Treated
or painted wood, including but not limited to plywood, composite wood
products or other wood products that are painted, varnished or treated
with preservatives.
(6)
Any
plastic material, including but not limited to nylon, PVC, ABS, polystyrene
or urethane foam, and synthetic fabrics, plastic films and plastic
containers.
(7)
Rubber,
including tires and synthetic rubberlike products.
F.
Burning
leaves, brush, clean wood and other vegetative debris. Open burning
of leaves, weeds, brush, stumps, clean wood other vegetative debris
is allowed only in accordance with the following provisions:
(1)
All
allowed open burning shall be conducted in a safe, nuisance-free manner,
when wind and weather conditions are such as to minimize adverse effects
and not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations.
(2)
Except
for barbecue, gas and charcoal grills, no open burning shall be undertaken
during periods when either the Fire Chief or the Wisconsin Department
of Natural Resources has issued a burning ban applicable to the area.
(3)
Open
burning shall be conducted only on the property on which the materials
were generated or at a facility approved by and in accordance with
provisions established by the Department of Natural Resources and
the Fire Chief.
(4)
Unless
explicitly allowed elsewhere in this section, a commercial enterprise
other than an agricultural or silvicultural operation may open burn
only at a facility approved by and in accordance with provisions established
by the Department of Natural Resources and the Fire Chief.
(5)
Open
burning of weeds or brush on agricultural lands is allowed if conducted
in accordance with other applicable provisions of this section.
(6)
Fires
set for forest, prairie or wildlife habitat management are allowed
with the approval of the Department of Natural Resources.
(7)
Outdoor
campfires and small bonfires for cooking, ceremonies or recreation
are allowed, provided that the fire is confined by a control device
or structure such as a barrel, fire ring, or fire pit. Bonfires are
allowed only if approved by and in accordance with provisions established
by the Fire Chief.
(8)
Burning
of trees, limbs, stumps, brush or weeds for clearing or maintenance
of rights-of-way is allowed if approved by the Fire Chief and if in
accordance with other provisions of this section.
(9)
In
emergency situations, such as natural disasters, burning that would
otherwise be prohibited is allowed if specifically approved by the
Department of Natural Resources.
(10)
Open burning under this section shall be conducted in accordance with Subsection J of this section.
(11)
Open
burning under this section shall only be conducted at a location at
least 100 feet from the nearest building which is not on the same
property.
(12)
Except
for campfires and permitted bonfires, open burning shall only be conducted
on the following days and within the following hours: Tuesdays and
Thursdays, 4:00 p.m. to 8 p.m., and Saturdays, 8:00 a.m. to 10:00
a.m. All fires shall by extinguished by the end of the burning period.
(13)
Open
burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire-extinguishing equipment as may be necessary for the total control
of the fire.
(14)
No
materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or water body.
(15)
Except
for barbecue, gas and charcoal grills, no burning shall be undertaken
within 25 feet from any combustible material, combustible wall or
partition, exterior window opening, exit access or exit unless authorized
by the Fire Chief.
(16)
No
open burning may be conducted on days when the Department of Natural
Resources has declared an air quality watch.
G.
Burn barrels. No person shall use or maintain a burn barrel in the
Village of Trempealeau.
H.
Outdoor
wood-fired furnaces. An outdoor wood-fired furnace may be installed
and used in the Village of Trempealau only in accordance with the
following provisions:
J.
Exemption
for burning certain papers.
(1)
Notwithstanding Subsection E(8) of this section, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this section.
(2)
Small
quantities of confidential papers from a residence may be burned if
necessary to prevent the theft of financial records, identification
or other confidential information.
(3)
Confidential
papers from a commercial enterprise shall be shredded or destroyed
in a manner other than burning.
K.
Special
burning permits.
(1)
No
person shall start or maintain any open burning with a total area
exceeding 100 square feet without a burning permit issued by the Fire
Chief.
(2)
An
outdoor campfire does not require a permit, provided that the fire
complies with all other applicable provisions of this section.
(3)
When
weather conditions warrant, the Fire Chief or the Department of Natural
Resources may declare a burning moratorium on all open burning and
temporarily suspend previously issued burning permits for open burning.
(4)
A burning
permit issued under this section shall require compliance with all
applicable provisions of this section and any additional special restrictions
deemed necessary to protect public health and safety.
(5)
Any
violation of the conditions of a burning permit shall be deemed a
violation of this section. Any violation of this section or the burning
permit shall void the permit.
L.
Liability.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire-suppression costs and any other liability resulting from
damage caused by the fire.
M.
Right of
entry and inspection. The Fire Chief, Police Chief or Police Officer,
or any authorized officer, agent, employee or representative of the
Village of Trempealeau who presents credentials may inspect any property
for the purpose of ascertaining compliance with the provisions of
this section. Note: If the owner or occupant of the premises denies
access to the property for this purpose, a special inspection warrant
may be obtained in accordance with §§ 66.122 and 66.123,
Wis. Stats.
The Village of Trempealeau will continue to accept the public
fire protection charge from the Water Utility. This charge will be
passed onto the customers through the tax roll, as is the current
method, instead of as an increase to customers' water rates.
The following Orders, Rules and Regulations of the Department
of Safety and Professional Services, all of which are set forth in
the Wisconsin Administrative Code, as from time to amended, are incorporated
herein by reference and adopted as part of this fire prevention chapter:
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Ch. ATCP 93, Flammable, Combustible and Hazardous Liquids
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Ch. SPS 307, Explosives and Fireworks
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Ch. SPS 314, Fire Prevention
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Ch. SPS 332, Public Employee Safety and Health
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Ch. SPS 340, Gas Systems
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Ch. SPS 343, Anhydrous Ammonia
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Chs. SPS 361 to 365, Commercial Building Code
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Wisconsin Electrical Code
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