City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 5-27-2014 by Ord. No. 2523.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police and Fire Commission — See Ch. 6, § 6-7.
Building construction — See Ch. 80.
Numbering of buildings — See Ch. 83.
Electrical standards — See Ch. 106.
Nuisances — See Ch. 175.
Property maintenance — See Ch. 201.
[1]
Editor's Note: This ordinance also repealed former Ch. 124, Fire Prevention, adopted 10-10-2000 by Ord. No. 2124 as Secs. 14.03 through 14.20 of the Municipal Code, as amended.

§ 124-1 General provisions.

A. 
Purpose.
(1) 
It is the purpose of this chapter to provide the City with rules and regulations to improve public safety by promoting the control of fire hazards and life safety; regulating the installation, use and maintenance of equipment; regulating the use of structures, premises and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the minimum standards for compliance and achievement of these objectives.
(2) 
It is also the purpose of this chapter to safeguard to a reasonable degree the life and property of the citizens of the City from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises within the City. Standards of the National Fire Protection Association or other approved nationally recognized safety standards shall be deemed to be evidence of compliance with this intent.
B. 
Scope.
(1) 
General. The provisions of this chapter shall apply to all public buildings and places of employment.
(2) 
Exempt buildings. The following buildings and uses are not public buildings or places of employment and are not subject to the provisions of this chapter:
(a) 
One- and two-family dwellings and outbuildings in connection with the dwellings including, but not limited to, barns and private garages.
(b) 
Buildings used exclusively for farming as described in § 102.04(3), Wis. Stats.
(c) 
Temporary buildings used exclusively for construction purposes, not exceeding one story in height and not used as living quarters.
(3) 
Exceptions. Nothing contained in this subsection shall be construed as applying to the transportation of any article or things shipped in conformity with the regulations prescribed by the Department of Transportation or as applying to the military forces of the United States.
C. 
Application.
(1) 
The provisions of this chapter shall apply equally to public and private property. They shall apply to all structures, whether existing or new, and they shall apply to the owner of the property as well as the occupant.
(2) 
The provisions of this chapter shall apply equally to new 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 or have been superseded by this chapter.
D. 
Additions; remodeled buildings. All inspectable occupancies shall adhere to the following:
(1) 
If more than 50% of the interior area of the building is remodeled and/or added to, the entire building shall be brought into compliance with the requirements of this chapter.
(2) 
If less than 50% of the gross interior area of a building is remodeled, added to or both, that part of the building which is remodeled, added to or both shall be brought into conformance with this chapter.
(3) 
If the use of any existing building is changed and becomes more hazardous as determined by the Fire Prevention and Inspection Bureau, the building shall be brought into compliance with this chapter.
E. 
Right of entry.
(1) 
Whenever necessary to make an inspection to enforce any of the provisions of this chapter or whenever the Fire Prevention and Inspection Bureau has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe, the Fire Prevention and Inspection Bureau may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon them by the Fire Chief.
(2) 
By this chapter, provided that if such building or premises be occupied, the Fire Inspector shall first present proper credentials and request entry, and if such buildings or premises are occupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
(3) 
If the owner or occupant denies entry, the Fire Prevention and Inspection Bureau shall obtain a proper inspection warrant or other remedy provided by law to secure entry. No owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as provided, to promptly permit entry therein by the Fire Chief or his authorized representative for the purpose of inspection and examination pursuant to this chapter.
F. 
Enforcement.
(1) 
This chapter shall be enforced by the Fire Chief of the City of New Berlin Fire Department. A Bureau of Fire Prevention and Inspection within the Fire Department is created to operate under the supervision of the Fire Chief and to assist the Fire Chief with the enforcement of this chapter. The Assistant Chief in charge of the Fire Prevention and Inspection Bureau shall be responsible for its day-to-day operation.
(2) 
The Fire Prevention and Inspection Bureau and the Building Inspector shall have concurrent responsibility during plan review and the construction of new buildings and structures that are within the scope of this chapter. The Bureau has primary responsibility during the design, approval, and construction stages of a building with regards to the fire suppression and life safety features. The Bureau is solely responsible for ensuring the proper use, maintenance, and operation of a building or structure throughout its entire existence by performing inspections as required by Ch. SPS 314, Wis. Adm. Code.

§ 124-2 Definitions.

A. 
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning indicated in this section:
ALARMS
Any person having a fire, smoke or heat detector system shall be charged a fee for false alarms responded to by the Fire Department. Types of fire alarms transmitted to the Fire Department include:
(1) 
Good-intent false alarm: an alarm that turns out to be false, but which was reported in good faith.
(2) 
Accidental false alarm: an alarm set off and transmitted through accidental operation of an automatic or manual fire alarm device. Frequent causes are low air pressure on automatic sprinkler dry valves, excessive heat from an industrial process or the sun, cold weather and smoke detector sensitivity adjustment.
(3) 
False alarm: an alarm for which no fire actually exists. Examples include burned food, a system activated by steam from a shower and improper maintenance of systems and components.
(4) 
Malicious false alarm. Any person who shall negligently or willfully cause an alarm of fire to be transmitted to the Waukesha County Communications Center as opposed to an accidental false alarm. Malicious false alarms may be the result of maintenance, removal of component parts from the alarm system, intentionally setting off a system or calling in a false alarm.
APPROVAL
Approval by the Fire Chief of the City of New Berlin Fire Department or Assistant Chief of the Fire Prevention and Inspection Bureau in accordance with the provisions of this chapter as applied to a material, device or mode of construction.
APPROVED AGENCY
An agency accepted or acceptable to the Fire Prevention and Inspection Bureau.
AREA or SQUARE FOOTAGE OF BUILDING
The total square footage of the sums of all basements, floor levels, balconies and mezzanines.
(1) 
The area for basements and floor levels shall be measured from the outside perimeter of the outside walls.
(2) 
The area for mezzanines shall be determined from the product of the length times the width.
(3) 
For the purpose of determining square footage, fire division walls will not be accepted as outside walls or area dividers.
(4) 
Buildings that are in close proximity to each other will have their building square footage added together to arrive at the total square footage. For the purpose of determining proximity, the following will hold true:
(a) 
Single-story buildings: 30 feet apart or less.
(b) 
Two-story buildings: 60 feet apart or less.
(c) 
Three-story buildings: 60 feet apart or less.
(d) 
All other multiple-story buildings: 60 feet apart.
(e) 
Buildings of variable height next to each other: 30 feet apart or less.
(1) 
"Assembly halls" or "places of assembly" mean all buildings or parts of buildings, other than theaters, which will accommodate more than 100 persons for entertainment, recreation, worship or dining purposes.
(2) 
The following includes various types of occupancies within the scope of this definition, together with the method for determining the capacity. No greater number of persons than the number established shall be permitted in any theater or assembly hall.
Use or Occupancy
Basis for Capacity
(square feet per person)
Arenas and field houses
4
Assembly halls with stage
7
Banquet halls
10
Churches (auditoriums)
7
Churches (dining rooms)
10
Dance halls
10
Dining rooms
10
Gymnasiums
For seated space
6
For unseated space
15
Lecture halls
7
Lodge halls
For seated space
6
For unseated space
15
Skating rinks
45
Theaters
7
Theater lobbies
7
ASSEMBLY OCCUPANCY
The occupancy or use of a building or structure or any portion thereof by a gathering of 100 persons or more.
ASSISTANT CHIEF OF THE FIRE PREVENTION AND INSPECTION BUREAU
The head of the City of New Berlin Fire Department, Fire Prevention and Inspection Bureau.
AUTHORITY HAVING JURISDICTION
The Fire Chief, Assistant Chief or designee of the Fire Chief to enforce this chapter, the laws of the state pertaining to the prevention of fires and public safety and approving equipment, installation or procedure as outlined in National Fire Protection Association (NFPA) standards.
AUTOMATIC CLOSING DEVICE
One which functions without human intervention and is actuated as a result of predetermined temperature rise, rate of rise of temperature, combustion products or smoke density.
AUTOMATIC FIRE ALARM SYSTEM
A system which automatically detects a fire condition and actuates a fire alarm signal device.
AUTOMATIC FIRE DETECTOR
A device designed to detect specific products of fire: smoke, heat or both.
BUSINESS OCCUPANCY
The occupancy or use of a building or structure or any portion thereof for the transaction of business or the rendering or receiving of professional services, including offices.
CEILING
The upper surface of a space, regardless of height. Areas with a suspended ceiling would have two ceilings, one visible from the floor and one above the suspended ceiling.
CHIEF OF THE FIRE DEPARTMENT
The head of the City of New Berlin Fire Department or an authorized deputy.
COMBUSTIBLE MATERIAL
All materials not classified as noncombustible are considered combustible. This property of a material does not relate to its ability to structurally perform under fire exposure. The degree of combustibility is not defined by standard fire test procedures.
COMMON AREA
Refers to any area in the building that can be accessed by more than one person from different families at one time.
DAY-CARE CENTER
Any place which receives at any one time for compensation four or more children under the age of seven years for care and supervision for less than 24 hours a day for more than 10 days a month without the attendance of a parent, relative or legal guardian.
DWELLING
Any building or portion thereof designed or used as the living and/or sleeping place of one or more persons and including:
(1) 
A detached building designed for only one family and containing only one dwelling unit.
(2) 
A detached building containing not more than two individual dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or common basement.
DWELLING STRUCTURE
Any structure containing one or more rooms providing sleeping and sanitary facilities, but not including a hotel, hospital, nursing home, dormitory, fraternity or sorority house.
DWELLING UNIT
One or more rooms, which may include a kitchen or kitchenette, sleeping areas, dining areas and sanitary facilities, designed as a unit for occupancy by not more than one family.
EDUCATIONAL OCCUPANCY
The occupancy or use of a building or structure or any portion thereof by persons assembled for the purpose of learning or of receiving educational instruction.
FAMILY UNIT
One or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit, although not related by blood, adoption or marriage, shall be deemed to constitute a family unit. A boardinghouse shall not be considered a family.
FIRE PREVENTION AND INSPECTION BUREAU
The Fire Prevention and Inspection Bureau is made up of the Chief of the City of New Berlin Fire Department, the Assistant Chief, appointed Fire Inspectors, any designee of the Fire Chief.
FIRE RESISTIVE
That type of construction in which the structural members, including walls, partitions, columns, floor and roof construction, are of noncombustible materials with fire-resistant ratings approved by the Fire Prevention and Inspection Bureau.
FIRE SPRINKLER EQUIPMENT, AUTOMATIC
A system of piping connected to an adequate water supply and provided with approved automatic fire sprinklers or devices so arranged and located as to discharge water automatically to the seat of the fire. Installation shall comply with National Fire Protection Association No. 13 "Standard for the Installation of Sprinkler Systems" or other applicable NFPA code.
(1) 
A wall which has a fire-resistance rating of not less than four hours and which divides a building or separates buildings to restrict the spread of fire. A three-foot parapet wall may be a required part of a fire wall approved by the Fire Prevention and Inspection Bureau.
(2) 
For the purpose of determining square footage, fire walls shall not be considered as area dividers.
(3) 
For the purpose of determining square footage as it relates to the sprinkling of a building, fire walls shall not be considered as area dividers.
FLOOR, BASEMENT
That level where less than 1/2 the height between floor and ceiling is above the average level of street, sidewalk or finished grade.
FLOOR, GROUND
That level of a building on a sloping or multilevel site which has its floor line at or not more than three feet above exit discharge grade for at least 1/2 of the required exit discharges.
HIGH-HAZARD OCCUPANCY
Any building which by reason of its construction or highly combustible occupancy involves a severe life hazard to its occupants as determined by the Fire Prevention and Inspection Bureau.
HOME TO SHARE
Any single-family dwelling where more than three unrelated adults live who might be asked to voluntarily participate in the expense of the operation and maintenance of that unit. These units may be inspected on the authorization of the Fire Chief of the City of New Berlin Fire Department.
HOUSING FOR THE ELDERLY/COMMUNITY-BASED RESIDENTIAL FACILITIES (CBRFS)
Any place where three or more unrelated adults reside in which care, treatment or services above the level of room and board, but not including nursing care, are provided to persons residing in the facility as a primary function of the facility.
INDUSTRIAL OCCUPANCY
The occupancy or use of a building or structure or any portion thereof for assembling, fabricating, finishing, manufacturing, packaging or processing operations, except when classified as a high-hazard occupancy.
INSTITUTIONAL OCCUPANCY
The occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical, charitable or other care or treatment or by persons involuntarily detained.
MERCANTILE OCCUPANCY
The occupancy or use of a building, structure or any portion thereof for the displaying, selling or buying of goods, wares or merchandise, except when classified as a high-hazard occupancy.
MEZZANINE or MEZZANINE FLOOR
Any intermediate floor level, whether accessed by a stairway or not, opened or enclosed.
MULTIFAMILY DWELLING
An apartment house or a building designed for occupancy by three or more families living independently of each other and containing three or more dwelling units, including, but not limited to, row houses, garden or elevator apartments and rooming houses.
NFPA
The National Fire Protection Association.
NONCOMBUSTIBLE MATERIAL
A noncombustible material is one which, in the form in which it is used, meets one of the requirements listed below. Materials used adjacent to or in contact with heat-producing appliances, warm air ducts, plenums and chimneys shall be classified as noncombustible only on the basis of Subsection (1) of this definition. Noncombustible does not apply to the flame spread characteristics of interior finish or trim materials. No material shall be classed as noncombustible building construction material which is subject to increase in combustibility or flame spread classification (FSC) beyond the limits herein established through the effects of age, moisture or other atmospheric conditions. See note on flame spread rating in the Wisconsin Administrative Code.
(1) 
Materials which pass the test procedure of ASTM E-136 for defined noncombustibility of elementary materials when exposed to a furnace temperature of 1,382° F. for a minimum period of five minutes and do not cause a temperature rise of the surface or interior thermocouple in excess of 54° F. above the furnace air temperature at the beginning of the test and which do not flame after an exposure of 30 seconds.
(2) 
Materials having a structural base of noncombustible material as defined above, with a surfacing not more than 1/8 inch thick which has a flame spread classification (FSC) not greater than 50 when tested in accordance with the method of test for surface burning characteristics of building materials (ASTM E-84).
OWNER
Includes his authorized agent or attorney, a purchaser, devisee, fiduciary or person having a vested or contingent interest in the property in question.
PUBLIC BUILDINGS
Includes any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy or use by the public or by three or more tenants.
REMODEL
To remodel, alter or both means to change any building or structure which affects the structural strength, fire hazard, internal circulation or exits of the existing building or structure. This definition does not apply to maintenance, reroofing or alterations to the heating and ventilating or electrical systems.
ROOF SPACES
Multifamily, commercial, industrial, governmental and institutional buildings with combustible roofs shall have all roof spaces subdivided every 3,000 square feet by a one-hour-rated partition, unless protected by an approved sprinkler system. All openings must have a minimum of a one-hour-rated self-closing door.
ROW HOUSE
A place of abode arranged to accommodate three or more attached, side-by-side or back-to-back living units.
SPACING
A horizontally measured dimension relating to the allowable coverage of fire detectors.
SPS
Department of Safety and Professional Services.
STORAGE OCCUPANCY
The occupancy or use of a building, structure or any portion thereof for the storage of goods, wares, merchandise, raw materials or agricultural or manufactured products, including parking garages, or the commercial sheltering of livestock and other animals, except when classified as a high-hazard occupancy.
STORY
The space in a building between the surfaces of any floor and the floor next above or below or roof next above, or any space not defined as basement, ground floor, mezzanine, balcony, penthouse or attic.
THEATER
All buildings or parts thereof containing an assembly hall having a stage which may be equipped with curtains or movable scenery or which is otherwise adaptable to the showing of plays, operas, motion pictures or similar forms of entertainment.
VEHICLE
Any self-propelled device fueled by a flammable or combustible liquid or compressed gas used to transport people or goods.
B. 
Other terms. Other terms used in this chapter shall be as defined in § SPS 361.05, Wis. Adm. Code, Adoption of the International Codes.

§ 124-3 Adoption of state fire prevention regulations.

A. 
Any and all codes and statutes of the State of Wisconsin relating to fire prevention or life safety as they are from time to time amended are adopted by reference and incorporated into this chapter as if fully set forth herein. Any violation of the incorporated provisions constitutes a violation of this chapter.
B. 
Effective December 2011, any secondary references found in the International Codes, as adopted by § SPS 361.05, Wis. Adm. Code, are hereby adopted by reference and incorporated into this chapter.
C. 
Copies of the Department of Safety and Professional Services Codes are available from the Department of Administration, Document Sales, 4622 University Avenue, Madison, Wisconsin, 53707, 608-266-3358, http://www.doa.state.wi.us/divisions/enterprise-operations/bureau-of-enterprise-fleet/document-sales-and-distribution. Copies of all DSPS Codes that are adopted by reference are on file at Fire Department headquarters for viewing upon request.

§ 124-4 Adoption of NFPA Standards.

A. 
Any violation of the incorporated provisions constitutes a violation of this chapter:
NFPA 11
Foam Extinguishing Systems, Low Expansion
NFPA 11A
Foam Extinguishing Systems, Medium and High Expansion
NFPA 12
Carbon Dioxide Extinguishing Systems
NFPA 12A
Halon 1301 Fire Extinguishing Systems
NFPA 13
Sprinkler Systems, Installation of
NFPA 13D
Sprinkler Systems in One- and Two-Family Homes
NFPA 13R
Sprinkler Systems in Residential Occupancies up to Four Stories in Height
NFPA 14
Standpipe, Private Hydrant and Hose Systems
NFPA 15
Water Spray Fixed Systems
NFPA 16
Deluge Foam-Water Sprinkler and Spray Systems
NFPA 17
Dry Chemical Extinguishing Systems
NFPA 17A
Wet Chemical Extinguishing Systems
NFPA 25
Water Based Fire Protection Systems
NFPA 30
Flammable and Combustible Liquids Code
NFPA 30A
Motor Fuel Dispensing Facilities
NFPA 33
Spray Application Using Flammable and Combustible Materials
NFPA 34
Dipping and Coating Processes Using Flammable or Combustible Liquids
NFPA 45
Fire Protection for Laboratories Using Chemicals
NFPA 50
Bulk Oxygen Systems at Consumer Sites
NFPA 50A
Gaseous Hydrogen Systems at Consumer Sites
NFPA 50B
Liquefied Hydrogen Systems at Consumer Sites
NFPA 51B
Welding, Cutting, Other Hot Work
NFPA 69
Explosion Prevention System
NFPA 72
National Fire Alarm Code
NFPA 80
Fire Doors and Windows
NFPA 92A
Smoke Control Systems
NFPA 96
Cooking Equipment, Vapor Removal
NFPA 105
Smoke-Control Door Assemblies
NFPA 204
Smoke and Heat Venting
NFPA 230
Fire Protection of Storage
NFPA 291
Hydrants, Flow Testing and Marking
NFPA 329
Flammable and Combustible Liquids, Handling Releases of
NFPA 385
Flammable and Combustible Liquids, Tank Vehicles for
NFPA 386
Flammable and Combustible Liquids, Portable Shipping Tanks
NFPA 430
Liquid and Solid Oxidizers
NFPA 654
Prevention of Fire and Dust Explosions from Manufacturing Combustible Particulate Solids
NFPA 1123
Fireworks Display
NFPA 1124
Fireworks and Pyrotechnic Articles
NFPA 1142
Water Supplies for Suburban and Rural Fire Fighting
NFPA 1961
Fire Hose
NFPA 1962
Fire Hose, Care, Use and Service Testing
NFPA 1963
Fire Hose Connections, Storage of
B. 
Effective December 2011, any referenced standard found in Chapter 32 and Appendix S of NFPA 1, Fire Code® - 2009, as adopted by§ SPS 314.001, Wis. Adm. Code, that are not already adopted by this chapter are adopted by reference.
C. 
Any issue not addressed by this chapter or included standards will be addressed on the basis of current accepted NFPA standards or other nationally accepted standards.
D. 
The most recent update to NFPA standards will automatically be adopted by this chapter.
E. 
Copies of NFPA standards are available for viewing at the Fire Administration Building upon request. Copies of the standards may be purchased from the National Fire Protection Association, Subscription Service, 1 Batterymatch Park, Quincy, Massachusetts 02269-9101, http://www.nfpa.org.

§ 124-5 Inspections of building and premises.

A. 
The Fire Chief shall inspect or cause to be inspected by the Fire Prevention and Inspection Bureau all buildings and premises, except the interior of private dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions or intent of this chapter and of any other ordinance affecting the fire hazard.
B. 
Upon complaint of any person, the Fire Prevention and Inspection Bureau shall inspect any buildings and premises within its jurisdiction.

§ 124-6 Liability for damages.

This chapter shall not be construed to affect the responsibility of any person owning, operating or installing any equipment for damage to persons or property caused by any defect therein, nor shall the City be held as assuming any such liability by reason of the inspection or reinspection authorized herein or the permit issued as herein provided or by reason of the disapproval or approval of any equipment authorized herein.

§ 124-7 Fire and emergency service cost recovery.

A. 
Applicability.
(1) 
This section shall apply to all situations and circumstances where the City of New Berlin Fire Department, hereinafter "Fire Department," responds to a request for its professional assistance and causes the equipment and/or the personnel of the Fire Department to respond.
(2) 
Exempted from the provisions of this section are:
(a) 
Structure fires for real property located within the geographic boundaries of the City of New Berlin that are not intentionally caused fires and where the activity which caused the fire was not in violation of any local, state or federal law; and
(b) 
Situations wherein any assistance is rendered pursuant to a mutual aid agreement whereby the provisions of this section would conflict with the terms of the mutual aid agreement.
(3) 
This section is in addition to, and not in place of, other ordinances and laws and is not meant to implicitly repeal any ordinance.
B. 
Fees and collection.
(1) 
For any response to a situation by the Fire Department, the person receiving emergency service and/or the owner and operator and other person or entity having control of the object for which the circumstances or situation caused the City of New Berlin Fire Department or its emergency medical services employees to respond shall pay the City of New Berlin Fire Department or its designee according to the fee schedule adopted by the Common Council and on file in the office of the City Clerk.
(2) 
Within 30 days after a response, the City of New Berlin Fire Department or its designee shall cause to be issued a statement of the fees and the basis for such. That statement shall be payable to the City of New Berlin Fire Department or its designee within 30 days of the date of the statement.
(3) 
Upon the failure of the responsible party to pay such fees to the City of New Berlin Fire Department or its designee within 30 days, the City of New Berlin Fire Department or its designee may cause the necessary action to be taken to collect such fees.
C. 
Contesting statement and appeal.
(1) 
Any person or entity who or which disagrees with the statement of costs as sent by the City of New Berlin Fire Department or its designee may seek to resolve the disagreement with the City of New Berlin Fire Department or its designee within 14 days of the date of the statement.
(2) 
Any person or entity who or which wishes to further contest the determination of the City of New Berlin Fire Department or its designee as to the amount of costs to be assessed shall appeal that determination to the City of New Berlin Common Council within 30 days of the date of the determination by the City of New Berlin Fire Department or its designee.

§ 124-8 Orders to comply, correct, remedy, remove and eliminate.

A. 
Dangerous or hazardous conditions. Whenever any officer or inspector of the Fire Department finds dangerous or hazardous conditions in any building or upon any premises, he shall order such dangerous materials or conditions to be removed or remedied in such a manner as may be specified in the order. The following are examples of hazardous conditions:
(1) 
Dangerous or unlawful amounts of combustible or explosive matter.
(2) 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive matter.
(3) 
Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly combustible materials.
(4) 
Accumulations of dust or waste material in air-conditioning systems or of grease in kitchen exhaust ducts.
(5) 
Obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
(6) 
Excessive amounts of gasoline.
B. 
Service of orders.
(1) 
The service of such orders may be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of same personally or by delivering the same to and leaving it with any person in charge of the premises. Whenever it may be necessary to serve such an 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 officer making the order, by mailing such copy to the owner's last known post office address by certified mail.
(2) 
If the building or other premises are owned by one person and occupied by another under lease or otherwise, the order issued in connection thereof, except where the rules or orders require the making of additions to or changes in the premises themselves, shall affect the occupant and not the owner, unless it is otherwise agreed between the owner and occupant.
C. 
Period for correction. Conditions that are highly hazardous to the life or safety of the occupants shall be corrected immediately. All other violations and defects shall be corrected within 10 days or such time as the Fire Prevention and Inspection Bureau shall allow.

§ 124-9 Semiannual report.

A report of the Fire Prevention and Inspection Bureau shall be made semiannually and transmitted to the Mayor. The report shall contain all proceedings under this chapter with such statistics as the Fire Chief may wish to include. The Assistant Chief shall also recommend amendments to this chapter, which in his judgment shall be desirable.

§ 124-10 Modifications.

A. 
The Fire Chief of the City of New Berlin Fire Department shall have the power to modify any of the provisions of this chapter upon application in writing by the owner or occupier or an authorized agent when there are practical difficulties in the way of carrying out the strict letter of this chapter, provided that the spirit of this chapter shall be observed, public safety secured and substantial justice done.
B. 
The particulars of such modifications when granted or allowed and the decision of the Assistant Chief in charge of the Fire Prevention and Inspection Bureau thereon shall be entered upon the records of the Department, and a signed copy shall be furnished to the applicant.
C. 
The Fire Chief may require tests as proof of compliance with the intent of this chapter, such tests 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 City of New Berlin Fire Department because of new technology, process, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the City of New Berlin Fire Department, the Fire Chief may require the owner or the person in possession or control of the building or premises to provide without charge to the City of New Berlin Fire Department a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or firesafety organization acceptable to the Fire Chief and the owner and shall analyze the firesafety 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.

§ 124-11 Automatic sprinkler protection.

The intent of this section is designed to require the installation of automatic sprinkler systems for the better fire protection of life and property within the City.
A. 
Installation required. Approved automatic fire sprinkler equipment shall be installed and maintained as follows:
(1) 
Buildings used for the manufacture, storage or sale of combustible goods or merchandise.
(a) 
All buildings over 6,000 square feet: required throughout.
(b) 
Buildings two stories in height or higher: required throughout.
(2) 
Basements. All basements: required throughout.
(3) 
Multifamily dwellings (four units or more). Included are townhouses, apartments, row houses and condominiums as examples.
(4) 
Office buildings, motels and hotels.
(a) 
All buildings over 6,000 square feet: required throughout.
(b) 
Buildings two stories or higher: required throughout.
(5) 
Theaters and assembly halls: required throughout all buildings.
(6) 
Hotels and motels: required throughout all buildings.
(7) 
Hospitals, housing for the elderly and other institutional buildings: required throughout all buildings.
(8) 
Nursing, convalescent, old age and institutional buildings: required throughout all buildings.
(9) 
Schools, colleges, universities: required throughout all buildings.
(10) 
Dormitories, fraternity houses and sorority houses: required throughout all buildings.
(11) 
Day-care centers serving nine or more children. All new construction and existing buildings being converted to day-care centers, regardless of gross square footage, shall be completely sprinklered in accordance with NFPA 13 or other applicable NFPA Code.
(12) 
Community-based residential facilities (CBRFs). All new construction and existing buildings being converted to CBRFs, regardless of gross square footage, shall be completely sprinklered in accordance with NFPA 13 or other applicable NFPA Code.
(13) 
Parking ramps: required throughout all closed and open parking ramps or structures which are used for the parking of passenger vehicles. Facilities for repairing or fueling vehicles within the structure are prohibited.
(14) 
High-hazard occupancies: required throughout every building which, by reason of its construction or highly combustible occupancy, involves a severe life hazard to its occupants or constitutes a fire menace. The following list, as examples of high-hazard occupancies, is not to be considered all-inclusive:
(a) 
Aluminum powder factories.
(b) 
Cellulose nitrate plastic factories.
(c) 
Cereal mills.
(d) 
Distilleries.
(e) 
Floor and feed mills.
(f) 
Grain elevators.
(g) 
Aircraft hangars.
(h) 
Chemical works.
(i) 
Explosive or pyrotechnic manufacturing.
(j) 
Linseed oil mills.
(k) 
Linoleum and oil cloth manufacturing.
(l) 
Oil refineries and gasoline bulk tanks.
(m) 
Pyroxylin plastic manufacturing or processing.
(n) 
Shade cloth manufacturing.
(o) 
Solvent extracting.
(p) 
Varnish or paint manufacturing.
(q) 
Paint stripping establishments.
(r) 
Any occupancy involving processing, mixing, storage or dispensing of volatile liquids.
(s) 
Waste paper plants.
(t) 
Vehicle storage.
(u) 
Smokehouses.
(v) 
Storage of explosive gases under pressure (15 pounds per square inch and over 5,400 cubic feet), such as acetylene, hydrogen and natural gases.
(w) 
Storage of materials with a flash point under 200° F., such as, but not limited to, celluloid products, kerosene, etc.
(x) 
Woodworking and other such establishments with combustible dusts.
(y) 
Body shops.
(z) 
Lube shops.
(aa) 
Repair garages.
(bb) 
Buildings for the storage of recreational vehicles, boats, snowmobiles, etc.
(15) 
Other properties requiring protection.
(a) 
Bowling alleys: required throughout all buildings.
(b) 
Restaurants: required throughout all restaurants.
(c) 
Buildings two stories or higher: required throughout all buildings.
(d) 
Buildings involving a severe life hazard: required throughout every building which, by reason of its construction or highly combustible occupancy, involves a severe life hazard to its occupants or adjacent property or in the judgment of the Fire Prevention and Inspection Bureau constitutes a fire menace.
B. 
Approval of plans and system types.
(1) 
Prior to the installation of a sprinkler system or the alteration of an existing sprinkler system, plans shall be submitted to the Fire Prevention and Inspection Bureau for approval. All sprinkler systems must meet the standards of the NFPA 13 "Standard for the Installation of Sprinkler Systems" or NFPA 13R "Standard for the Installation of Sprinkler Systems in Residential Occupancies up to Four Stories in Height," as applicable, or other applicable NFPA standard.
(2) 
Three copies of the plans and specifications shall be submitted for review; approved plans shall be stamped "Conditionally Approved by the Fire Prevention and Inspection Bureau," with the date of such approval and signature of the officer granting approval. Two copies shall be returned to the owner and one copy will be kept on file by the Fire Prevention and Inspection Bureau.
(3) 
The City of New Berlin Fire Department's conditional approval of sprinkler plans does not affirm the accuracy of any calculations performed by the contractor. Full responsibility for the accuracy of these calculations is the responsibility of the contractor.
(4) 
No work may begin on installation of a sprinkler system or alteration of a sprinkler system until it is approved by the Fire Prevention and Inspection Bureau.
C. 
How installed.
(1) 
Approved automatic fire sprinkler equipment shall be installed in accordance with the current edition of NFPA 13, "Standard for the Installation of Sprinkler Systems," or other applicable standards of the NFPA and the City of New Berlin Fire Department.
(2) 
Compressors for dry pipe systems are required to be wired directly to building power.
(3) 
All compressors for dry pipe systems will have low limit air switches and alarms.
(4) 
In areas where there is no City water:
(a) 
The sprinkler system is required to be connected to domestic water at the time of installation.
(b) 
When City water becomes available, the owner will have 90 days to hook up to the City main.
(c) 
The sprinkler system supply line is to be the same size as the lateral from the well in accordance with Chapter 193, Plumbing Standards, of this Code.
D. 
Maintenance of equipment.
(1) 
Sprinkler systems and standpipe systems which have been installed in compliance with a permit or order or because of any law or ordinance shall be maintained in operative condition at all times.
(2) 
No owner or occupant shall reduce the effectiveness of the protection so required, except that this shall not prohibit the owner or occupant from temporarily reducing or discontinuing the protection where necessary to make tests, repairs, alterations or additions.
(3) 
The Fire Chief shall be notified when the system has been shut down for any reason and again when the system has been restored to service.
E. 
Annual inspections. Every sprinkler system required by this Code or by the administrative rules of the state shall be tested in accordance with NFPA 25, and the results of the testing shall be forwarded to the Fire Prevention and Inspection Bureau on a yearly basis.
F. 
Application to existing buildings.
(1) 
Where the Fire Prevention and Inspection Bureau finds that existing buildings are used in whole or in part in such a way as to constitute a severe fire hazard to their occupants or to adjoining property, the Fire Prevention and Inspection Bureau may require compliance with the provisions of this chapter as they relate to new construction.
(2) 
All existing public buildings or places of employment and all additions shall conform to this section as follows:
(a) 
If more than 50% of the area or square footage of a building is remodeled, added to, or both, the entire building shall comply with the requirements of this chapter. When determining what constitutes 50% remodeled or added, you will add all previous additions or areas remodeled together to arrive at the total area that has been renovated. If this percentage is equal to or greater than 50% of the gross area of the original building as determined as of the effective date of this chapter, the entire building will be required to be brought up to code.
(b) 
Any building with an existing sprinkler system, when making an addition, regardless of size or occupancy, will sprinkler the addition in accordance with NFPA 13 or other applicable NFPA Code.
(c) 
If the use or occupancy of a building is changed and the hazard, life safety or both become more severe, the entire building shall be brought into compliance with the sprinkler code.
G. 
Fire Department hose connections. Every automatic sprinkler system installed in new or existing buildings shall be equipped with at least one Fire Department hose connection at a location approved by the Fire Prevention and Inspection Bureau. Audible alarm bells are required on the inside and outside of all buildings that have sprinkler systems.
H. 
Exemptions and substitution.
(1) 
Safe deposit or other vaults.
(2) 
Electrical service rooms. Smoke detectors, rate-of-heat-rise detectors or fixed-temperature detectors shall be required to monitor this space.

§ 124-12 Additional provisions.

A. 
Fire hydrant requirements.
(1) 
Intent: to ensure an adequate water supply for firefighting purposes to structures or buildings which are located on private property at extended distances from City hydrants.
(2) 
Increase in floor area, etc. Any building hereafter erected or structurally altered to increase the floor area by 50% or more, or when substantial portions of a building are set back 250 feet or more from the street or highway or 300 feet or more by normal access routes from an approved fire hydrant, shall have provided at the owner's expense freestanding, approved fire hydrants located as follows:
(a) 
One approved fire hydrant shall be located between 25 feet and 50 feet from the building's main entrance.
(b) 
Additional approved fire hydrants shall be provided around the perimeter of the building and positioned 25 feet to 50 feet from the exterior wall so that no approved fire hydrant is more than 300 feet from any other approved fire hydrant by normal access routes.
(3) 
Approved water hydrant.
(a) 
An approved water hydrant shall mean a water hydrant connected to a City water main, with either two two-and-one-half-inch hose connections or one four-and-one-half-inch hose connection.
(b) 
The connecting water line between the City water main and the approved water hydrant shall be not less than six inches in diameter.
(c) 
All water hydrants shall be approved by the Fire Chief and the City of New Berlin Water Utility and shall be installed in compliance with the standards of the City of New Berlin Water Utility.
(d) 
All water hydrants shall be installed in such a manner and location so as to be accessible at all times to the Fire Department.
(4) 
Use of approved fire hydrants on private property.
(a) 
Approved fire hydrants: They shall be provided pursuant to the terms of this section and shall be used solely for the purpose of fire protection.
(b) 
Inspection, testing, maintenance and repair.
[1] 
Flow test each approved fire hydrant at least once per year. Maintain records of the results of such tests, showing date, time, duration of test and who performed the test. Keep these records available for City of New Berlin Fire Department inspection for up to five years.
[2] 
Maintain approved fire hydrants in proper operating condition at all times and, upon the request of officials of the City of New Berlin Fire Department, perform such tests, to include a flow test, which will demonstrate the proper operating condition of the approved fire hydrant.
[3] 
Do not obstruct access to the approved fire hydrant under any circumstance. Prohibited obstructions may include, but are not limited to, snow accumulation, parked vehicles, material and equipment storage and refuse storage.
[4] 
Property owners shall immediately advise the City of New Berlin Fire Department and the City of New Berlin Water Utility as to approved fire hydrants which have been damaged or which are found to be inoperable.
[5] 
All inoperable fire hydrants shall be repaired as soon as possible or within a reasonable time frame as determined by the Fire Prevention and Inspection Bureau.
B. 
Class III standpipes. Fire Department standpipes are required as follows:
(1) 
The installation of a sprinkler system will not supersede the requirements for the installation of the Fire Department standpipes.
(2) 
All newly constructed residential occupancies over one story in height that are required to be sprinklered and in which there are more than eight units per floor.
(3) 
In all residential occupancies structurally altered to increase the floor area by 50% or more or are remodeled or altered by 50% or more and if more than one story in height. This subsection shall not apply to buildings that do not have common areas.
(4) 
In all new buildings which, because of their occupancy, create special firefighting problems.
(5) 
All standpipes will be installed per NFPA 14 Codes.
(6) 
The number and location will be determined by the Fire Prevention and Inspection Bureau.
C. 
Automatic fire protection equipment. The intent of this subsection is to require automatic fire extinguishing systems in vent hoods and duct systems for all commercial-type kitchens to effectively extinguish fire at its source and reduce the property damage and loss caused by kitchen fires.
(1) 
Installation requirements.
(a) 
A dimensional drawing or sketch showing the hood and ducts and the extinguishing system shall be prepared showing the size of the hood and ducts, the area of the protected surface, the model, size and number of package units, the size and length of piping, the number and type of fittings and the number of nozzles and distance of nozzles above the cooking surface.
(b) 
All plans for automatic fire extinguishing equipment shall be submitted for review to the Fire Prevention and Inspection Bureau prior to installation of the equipment. Three sets of plans and specifications shall be submitted, along with the fee, to the Bureau for review. Two sets shall be returned to the installer and shall be stamped "Conditionally Approved by the Fire Prevention and Inspection Bureau," with the date of such approval, and the other set shall be retained by the Fire Prevention and Inspection Bureau.
(c) 
The system shall also be provided with an automatic fuel shutoff.
(2) 
Maintenance. All extinguishing systems shall be inspected annually by a factory-authorized representative, and a certificate of this inspection, signed by the factory representative and the owner or occupier of the establishment, shall be submitted to the Fire Prevention and Inspection Bureau.
D. 
Automatic closing devices.
(1) 
Where required:
(a) 
Except on single- and two-family dwellings, there shall be an automatic closing device on all fire and smoke doors, except doors leading directly outside in all buildings, regardless of size.
(b) 
On all fire shutters and vents.
(c) 
Wired into a fire alarm system where a fire alarm system is required.
(2) 
How installed: per National Fire Protection Association standards and the National Electrical Code.
E. 
Fire alarms in public buildings. In any public occupancy where the exit travel is more than two stories above or below the level of exit discharge and/or subject to 50 or more occupants above or below the level of exit discharge or subject to 150 or more total occupants, a manual fire alarm system shall be provided.
F. 
Automatic fire detection systems and warning systems.
(1) 
Information submitted. Complete information regarding the installation of automatic fire detection systems, including specifications and floor plans showing the location of the fire detection components, shall be submitted to the Fire Prevention and Inspection Bureau for approval prior to the installation of the detectors.
(2) 
Review of plans. Three sets of plans and specifications shall be submitted along with the fee. Two sets will be stamped "Conditionally Approved by the Fire Prevention and Inspection Bureau," with the date of such approval, and the other set shall be retained by the Fire Prevention and Inspection Bureau.
(3) 
Contractor to furnish statement. Before requesting final inspection and approval of the installation by the Fire Prevention and Inspection Bureau, the installing contractor shall furnish a written statement to the effect that the automatic fire detection systems have been installed in accordance with approved plans and tested in accordance with the manufacturer's specifications.
(4) 
Smoke and heat detector system test. Upon completion of the installation, a satisfactory test of the smoke and heat detector system in accordance with NFPA 72 shall be made in the presence of a representative of the Fire Prevention and Inspection Bureau.
(5) 
Maintenance.
(a) 
The automatic fire detection systems shall be maintained and tested in accordance with the manufacturer's specifications and recommendations and the requirements of the state.
(b) 
All systems shall be maintained in operable condition as specified in NFPA 72.
(6) 
City of New Berlin Fire Department to be contacted. Every public building or place of employment containing either a manual-sprinkler-activated or fire-detector-activated alarm system shall comply with the following: The City of New Berlin Fire Department will be contacted immediately upon activation of an alarm by on-site personnel or a monitoring agency so as not to cause a delay in alarm.
(7) 
Inoperable system. Should the alarm system become inoperable for any reason, the Fire Chief shall be notified. All systems shall be maintained in operable condition as specified in NFPA 72.
(8) 
Audible signal characteristics.
(a) 
The sound level of an installed signal shall be 15 decibels (dBA) above the average ambient sound level for that occupancy and should be adequate to perform its intended function and should meet the requirements of the authority having jurisdiction or other applicable standard.
(b) 
The average ambient sound level for the various occupancies as listed below may be used for design guidance as follows:
Type of Occupancy
Sound Level
(dBA)
Business
45
Educational
45
Industrial
80
Institutional
80
Mercantile
40
Places of assembly
40
Residential
35
Storage
30
Tower
35
Underground structures and windowless buildings
35
(c) 
Where audible appliances are installed in mechanical equipment rooms for any of the above occupancies, the average ambient sound level that may be used for design guidance is at least 85 dBA for all occupancies.
(9) 
Red strobe light for residential occupancies. All residential occupancies are required to have a red strobe light connected to the sprinkler system and/or alarm system for that building; location to be approved by the City of New Berlin Fire Department.
(10) 
Heat detectors required. Where NFPA 13R sprinkler systems are approved for residential occupancies, heat detectors are required in each attic space and in each garage unit. The heat detectors are to be incorporated into the building alarm system.
G. 
Security key and vault system.
(1) 
The Knox-Box® vault system has been adopted for use by the City of New Berlin Fire Department. A Knox-Box® shall be installed in all existing or newly constructed buildings which have an automatic alarm system which is monitored. This will be retroactive from the date of adoption of this chapter. This applies to inspectable occupancies only.
(2) 
The Knox-Box® shall be installed at the owner's or occupant's expense at such locations as designated by the Fire Chief or the Assistant Chief.
H. 
Fire Department access roads and fire lanes.
(1) 
Fire lanes shall be at least 24 feet in width with the road edge closest to the building at least 10 feet from the building.
(2) 
No person shall park motor vehicles on or otherwise obstruct any fire lane.
I. 
Fireworks.
(1) 
Definition. The definition of "fireworks" shall be that stated in § 167.10, Wis. Stats., and, in addition, the City elects to include within the definition the items listed in Wis. Stats. § 167.10(1)(f) and (i) through (n) and (p). Caps and sparklers as defined in Wis. Stats. § 167.10(1)(e) and (i) are excluded from this definition.
[Amended 10-14-2014 by Ord. No. 2531]
(2) 
Sale regulated. Except as provided in § 167.10(2) and (4), Wis. Stats., no person shall sell or possess with the intent to sell, fireworks.
(3) 
Use regulated. 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 I(4) below.
(4) 
Fireworks user's permit. As provided in Wisconsin Statute § 167.10(3), fireworks user's permits may be issued for festivals or celebrations after proper application on forms provided by the Fire Department. The applicant shall file with the Fire Department the application as well as the certificate of liability insurance or similar proof of coverage with limits acceptable to the City. Upon receipt of the application and insurance certificate, the Fire Department shall inspect the site and shall provide a report to the Committee of the Whole regarding any health or safety issues that may be presented by the issuance of the permit as well as the ability of the applicant to safely discharge the fireworks on the premises identified in the application. Upon receipt of the reports, the City Clerk shall place the application on the agenda for the Committee of the Whole, which shall review the application, the reports and the insurance certificate to determine whether the licensee can safely discharge fireworks at the date, time and location as set forth in the permit without hazard to life and property.
(a) 
An application fee shall be established by the Committee of the Whole to cover the City's actual cost in investigating and issuing the permit. No license fee shall be required for applications received from governmental agencies or their agents.
(b) 
A copy of the permit and proof of insurance shall be filed with the Fire Chief, and a copy shall be provided to the Chief of Police at least two days before the authorized use. The permit shall be available for inspection by licensee on the premises where the fireworks are being discharged.
(5) 
Use of caps and sparklers regulated. No unlicensed person may use fireworks, caps or sparklers in a City park or at a fireworks display for which a permit has been issued if the display is open to the general public.
J. 
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 from 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) 
No Christmas trees or foliage shall contact any electric lines or wires.
(4) 
A fire extinguisher with a 2A-10BC rating or greater shall be provided by the merchant for each 75 feet of travel in the display and/or storage area.
(5) 
All storage and sales of Christmas trees and foliage shall be held outside of all buildings.
(6) 
No person shall light a match or any flame-producing device or smoke or carry a lighted cigar, cigarette or pipe in areas where Christmas trees or foliage are sold, displayed or stored. The person in charge of the Christmas tree sales shall post "No Smoking" signs in locations designed to give persons entering the area notice of this regulation.
K. 
Decorative materials. The following provisions will apply to assembly, educational and institutional properties:
(1) 
Cotton batting, either natural, artificial or manufactured, straw, dry vines, leaves, trees or other combustible materials shall not be used for decorative purposes in show windows or other parts of commercial, industrial or institutional occupancies, unless made flame-retardant; provided, however, that nothing in this subsection shall be held to prohibit the display of stable goods permitted and offered for sale.
(2) 
All drapes, hangings, curtains, drops and all other decorative material, including Christmas trees and other holiday decorative material used in public buildings that would tend to increase the fire and panic hazard, shall be made from material which is not combustible or shall be treated and maintained in a flame-retardant condition by means of a flame-retardant solution or a process approved by the Fire Inspector.
(3) 
Exit doors, exit lights, fire alarm sending stations and fire extinguishing equipment shall not be concealed or obstructed by any decorative material.
(4) 
Treatments used to accomplish flame retardation shall be renewed as often as may be necessary to maintain the flame retardation effect.
(5) 
The approved Class A-B-C flame spread rating of the flame-retardant material or process used as required in this section shall be in accordance with interior finish requirements for that occupancy as stated in the Wisconsin Administrative Code.
L. 
Careless smoking prohibited.
(1) 
No person shall smoke, carry a lighted cigar, cigarette or pipe or light a match or other flame-producing device in any retail mercantile establishment, except in areas approved for such purposes by the Fire Chief. The person in charge of such establishment shall enforce the regulations of this subsection.
(2) 
Smoking shall be prohibited in all rooms or parts of buildings which contain flammable liquids in open containers, in which flammable liquids are used in any manufacturing process or where the vapors from flammable liquids are present or sold.
(3) 
A plainly printed notice of the provisions of this subsection shall be posted in a conspicuous place in every occupancy. Such printed notices shall also be posted in any place of public assembly where smoking is permitted.
M. 
Welding and cutting.
(1) 
Before welding or cutting operations have begun in areas not designed or approved for that purpose, specific authorization shall be obtained from the owner of the premises or his authorized agent.
(2) 
When welding or cutting operations are performed above or within 35 feet of construction or material exposed to the operation or within 35 feet of floor, ceiling or wall openings so exposed:
(a) 
Such construction or combustible material shall be protected by noncombustible shields or covers from possible sparks, hot metal or oxide.
(b) 
Such floor, ceiling or wall shall be protected by noncombustible shields or covers.
(c) 
One or more portable fire extinguishers of approved type and size shall be kept at the location where welding or cutting is to be done.
(3) 
Welding or cutting shall not be done in or near rooms or locations where flammable gases, liquids or vapors, lint, dust or loose combustible stocks are present when sparks or hot metal from the welding operation may cause ignition or explosion of such material.
(4) 
Except as provided, welding or cutting shall not be performed on containers and equipment which contain or have contained flammable liquids, gases or solids until these containers and equipment have been thoroughly cleaned or inerted or purged.
(5) 
"Hot tapping" may be permitted on tanks or pipelines by the owner/operator thereof.
(6) 
When welding or cutting is being done close to automatic heads, sheet asbestos or damp cloth guards may be used to shield the individual heads but shall be removed when the work is completed.
N. 
Open burning.
(1) 
Except as hereinafter provided, no person shall burn, cause to be burned or permit to burn any fire outside of a building. Both the person igniting such fire and the owner of lands upon which such fire may occur shall be equally responsible for compliance with the requirements of this subsection.
(2) 
Subject to the issuance of a permit by the City of New Berlin, grass, fallen leaves, brush or similar vegetative materials may be burned except in areas excluded by municipal deed restriction (i.e., industrial parks), only Wednesdays through Saturdays during the periods of April 1 through May 15 and October 1 through November 15, and only on Wednesdays and Saturdays during the remainder of the year. The issuance of such permits shall be pursuant to the ordinances of the City of New Berlin and shall be assessed a fee as may be determined from time to time by the Common Council. The burning permit shall be prominently displayed while burning is taking place.
(a) 
Burning is not allowed under any circumstances in barrels or containers. The size of the pile of material burned shall not exceed four feet by four feet by three feet high, except as otherwise provided in this chapter.
(b) 
Any open pile of material burned shall be at least 50 feet from any structure, wood or lumber pile or wooden fence, and provisions shall be made to prevent the fire from spreading to within 50 feet of such items.
(c) 
Such burning and the disposal of ash residue shall not be permitted on or within any improved street, drainage ditch, alley, parkway, public place or public right-of-way.
(d) 
Fuel for burning shall consist of dry material only and shall not be ignited with flammable or combustible liquids.
(e) 
Material for burning shall not include rubbish, garbage, trash, any material made of or coated with rubber, plastic, leather or petroleum-based materials and may not contain any flammable liquids.
(f) 
No burning shall be permitted between 1/2 hour after sunset and 7:00 a.m., and all fires shall be completely extinguished by 1/2 hour after sunset. Burning shall be prohibited when wind velocity exceeds nine miles per hour as indicated by the National Weather Service.
(g) 
Burning shall be physically supervised by a competent person at least 16 years of age and personally attended within 20 feet of such fire until such fire is completely extinguished. This person shall have fire-extinguishing equipment available within 20 feet of such fire for immediate use.
(h) 
No fire shall be conducted or permitted which results in the production of smoke that interferes substantially with the comfortable enjoyment of life, health or safety of another person when such interference results in significant harm. For purposes of this subsection, "significant harm" shall mean harm which causes more than slight inconvenience or annoyance. If the harm is substantially offensive, seriously annoying or intolerable, as measured by ordinary persons living in the City, then harm shall be deemed to be significant.
(3) 
Burning of trees, limbs, stumps or wood for construction purposes and/or clearing of land will be permitted only under the following conditions:
(a) 
Authorization for the burning is obtained from the Wisconsin Department of Natural Resources.
(b) 
Burning complies with the requirements of § NR 429.04, Wis. Adm. Code.
(c) 
Burning complies with § SPS 314.10, Wis. Adm. Code.
(4) 
The following are exempt from the provisions of this subsection:
(a) 
Cooking fires and barbecue pits, grills and outdoor fireplaces, but only for the purposes of food preparation.
(b) 
Any fires inside of a structure including, but not limited to, fireplaces and incinerators.
(c) 
Fires set for training or instruction of firefighters or testing of fire equipment.
(d) 
Fires specifically approved in writing by the Fire Chief of the City of New Berlin Fire Department, such as for agricultural or horticultural purposes.
(e) 
Bonfires or campfires which otherwise comply with the provisions of § 124-12N(2)(a), (b), (c), (d), (e), and (h), which fire is solely for the aesthetic and social enjoyment of the persons conducting the fire.
(5) 
The Mayor and/or the Fire Chief may suspend all burning or attach additional restrictions to burning when deemed necessary due to atmospheric or other conditions.
(6) 
No permit is necessary for open burning except as provided in § 124-12N(2) of this Code, as amended.
(7) 
Any person who shall violate any provisions of this subsection or any regulation made hereunder shall be issued a citation with the forfeitures started at $130 plus court costs for the first violation and $220 plus court costs for subsequent violations.
O. 
Atrium furnishings. All decorative materials in atriums shall be noncombustible or shall be flame-retardant-treated and be so maintained.
P. 
Elevators. In any building with elevators, at least one elevator shall be a minimum size so as to accommodate a seventy-six-inch-by-twenty-four-inch ambulance stretcher in a full reclining position. Buildings with at-grade access at the second floor are exempt.
Q. 
Day-care centers. The requirements of this subsection shall apply to all buildings or parts of buildings which accommodate public or private day-care centers. Day-care centers will be required to be inspected not less than twice per year by the Fire Prevention and Inspection Bureau.
R. 
Securing fire-damaged property. All dwellings and buildings within the City damaged from fire shall be boarded up or secured, as shall be required by the Fire Prevention and Inspection Bureau, within 24 hours of the time of the fire. The owner shall assume the liability for the protection of the public until the property is secured.
S. 
Barbecue grills, kettles, outdoor hibachis. No person shall ignite or burn inside residential occupancies of four or more units any type of barbecue grill. They shall not be burned within 24 inches of any combustible material. They may not be used on any balcony within five feet of any opening into a dwelling or apartment.
T. 
Underground and aboveground storage tanks.
(1) 
Prior to the removal or the installation of any underground storage tank, the City of New Berlin Fire Department shall be notified of the construction 15 days prior to the commencement of work. A permit fee will be required for the removal or abandonment of all underground storage tanks.
(2) 
Prior to the removal or the installation of all aboveground storage tanks, the City of New Berlin Fire Department shall be notified of the installation or construction 15 days prior to the commencement of work. A permit will be required for the installation of all aboveground tanks.

§ 124-13 Storage of flammable liquids.

A. 
When used in this section, the words "flammable liquid" shall include all volatile flammable liquids with flash points at or below 100° F. under the requirements of the Standard Method of Testing for Flash Point of Volatile Flammable Liquids and the American Society for Testing Materials.
B. 
No person shall keep, store or use or permit the keeping, storing or using of gasoline within the City in quantities larger than five gallons without first obtaining permission from the Fire Chief. Nothing herein contained shall be construed as applying to gasoline contained in the tanks of motor vehicles, vessels, boats or airplanes when such tanks are permanently connected with the motor engine which they supply.
C. 
Five gallons or less of gasoline may be stored in approved safety containers.

§ 124-14 Storage of combustible materials and equipment.

The following items shall not be stored in basements or storage bins of apartments or other multifamily dwellings in the City:
A. 
Charcoal, except in a metal container equipped with a metal cover.
B. 
Oily rags or dust mops.
C. 
Flammable liquids of any nature other than motor oils or similar oils in metal quart containers.
D. 
Bottle gases, propane, acetylene, oxygen or other substances of a similar nature.
E. 
Gasoline motors and gasoline-powered equipment, such as outboard motors, power lawn equipment, snow blowers, snow plows, motorbikes, motorcycles, etc.

§ 124-15 Fees.

A. 
A fee structure shall be established for certificates, permits, approvals or other functions performed under this chapter pertaining to new construction, the remodeling of existing buildings or occupancies, and the inspection of premises mandated by the Wisconsin Administrative Code and the Fire Chief of the City of New Berlin Fire Department. Copies of the fee structure shall be on file in the City Clerk's office and the Fire Inspection office.
B. 
Fees, as specified in Subsection A, shall accompany each application for a certificate, permit, approval or other fee-related chapter provision. Double fees will be charged for starting work before fees have been paid or plans have been approved. All fees for inspection of premises mandated by the Wisconsin Administrative Code and the Fire Chief of the City of New Berlin Fire Department will be paid by appearing on the December 15 tax roll and shall constitute a special charge against the property under § 66.0627, Wis. Stats.

§ 124-16 Appeals.

A. 
Whenever the Assistant Chief in charge of the Fire Prevention and Inspection Bureau shall disapprove an application or refuse to grant a permit applied for, when it is claimed that the provisions of this chapter do not apply, or that the true intent and meaning of this chapter has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Assistant Chief in charge of the Fire Prevention and Inspection Bureau to the Fire Chief of the City of New Berlin Fire Department.
B. 
Such appeal shall be in writing, be accompanied with the fee and shall be filed with the Fire Chief of the City of New Berlin Fire Department within 30 days from the date of the decision of the Assistant Chief in charge of the Fire Prevention and Inspection Bureau.
C. 
The Fire Chief of the City of New Berlin Fire Department may affirm, reverse or modify the decision of the Assistant Chief in charge of the Fire Prevention and Inspection Bureau and shall make such orders as are necessary under the circumstances.
D. 
All appeals shall be in the form of written notice served on the City of New Berlin Fire Department in which the questioned decision is fully stated. Such notice shall be immediately transmitted to the Fire Chief, who shall arrange for a hearing on the particular issue raised. The written notice of appeal shall be accompanied by a sum set by the Common Council payable to the City of New Berlin Fire Department. Such fee shall be retained by the City of New Berlin Fire Department, and no refund of such fee or any portion thereof shall be granted, regardless of the outcome of the appeal.
E. 
Whenever the Fire Chief denies a request for an appeal, the applicant may appeal to the Board of Appeals. Such appeal shall be in writing and shall be filed with the secretary of the Board of Appeals within 30 days from the date of the decision of the Fire Chief. After due hearing on such appeal, the Board of Appeals may affirm, reverse or modify the decision of the Fire Chief and shall make such orders as are necessary under the circumstances.

§ 124-17 Revocation of permits.

A. 
The Assistant Chief may request from the Building, Inspection and Zoning Department the revocation of any permit issued in accordance with this chapter in any case where he 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 in the application or plans on which the issuance was based.
B. 
The Assistant Chief 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 Fire Chief of the City of New Berlin Department. The decision of the Fire Chief for revocation following the hearing shall be final.

§ 124-18 Violations and penalties.

A. 
Any person who violates any of the provisions of this chapter, who fails to comply with any order made hereunder, who builds in violation of any detailed statement of specifications or plans submitted and 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) 
Punishment by a forfeiture of not less than $1 per day for each offense or, in default of payment of such forfeiture, by imprisonment in the county jail for not less than five days nor more than 30 days for each such offense.
B. 
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 a reasonable time. Each and every day that a violation of this chapter occurs constitutes a separate offense.

§ 124-19 Technical rescue cost reimbursement.

Any person or entity which requires a technical rescue within the City of New Berlin shall be responsible for the reimbursement of the responding agency, including, but not limited to, fire service, emergency medical service, law enforcement and public works staff, for the actual necessary expenses incurred in carrying out their duties under this section.
A. 
Definitions.
(1) 
Actual and necessary expenses. For purposes of this section, "actual and necessary expenses" shall be defined as any amount over and above the basic cost for services as determined by the current (at the time the service is rendered) Waukesha County Mutual Aid Fee Schedule, said services to include but are not limited to the following:
(a) 
Abatement or cleanup of hazardous materials.
(b) 
Costs of equipment operations.
(c) 
Costs of materials utilized, including the replacement of equipment damages.
(d) 
Costs of third-party specialists, experts, or contract labor necessary to abate or clean up material or to conduct the rescue.
(e) 
Costs of cleaning, decontaminating and maintaining equipment specific to the incident.
(f) 
Costs of laboratory expense incurred in recognizing and identifying hazardous materials in evaluation of the response, decontamination, cleanup and medical surveillance.
(g) 
Costs for future medical surveillance of response personnel as required by the responding agency's medical advisor.
(h) 
Labor costs, such as overtime.
(2) 
Technical rescue. "Technical rescue" shall be defined as those aspects of saving life or property that employed the use of tools and skills that exceed those normally reserved for firefighting, public works, medical emergency and rescue that the City of New Berlin Fire Department is trained and equipped to handle or exceed their capability. These disciplines include, but are not limited to, high-angle rope rescue, swift water rescue, confined space rescue, trench excavation rescue and building collapse rescue.

§ 124-20 Ambulance fee reimbursement.

[Amended 1-13-2015 by Ord. No. 2537]
The City of New Berlin Fire Department charges fees for the conveyance of patients receiving basic life support as well as paramedic services. In addition, charges are made for the cost to transport per loaded mile. Charges are also made for circumstances where aid is rendered requiring advanced treatment on nontransport calls as well as a mileage fee and fees for disposable emergency medical service equipment and supplies used in providing emergency medical services. These costs and charges shall be determined by the Council from time to time by resolution. A schedule of these charges is available in the office of the City Clerk and the administrative offices of the Fire Department.