[HISTORY: Adopted by the Village Board of
the Village of Wrightstown 10-5-1976 by Ord. No. 1-76 as Ch. 5 of the 1976
Code. Amendments noted where applicable.]
The Wrightstown Volunteer Fire Department is
hereby officially recognized as the Fire Department of the Village
of Wrightstown, and the duty of the fire fighting and the prevention
of fires in the village is delegated to such Department. Its organization
and internal regulation shall be governed by the provisions of this
chapter and by such bylaws adopted by the Department.
The Wrightstown Fire Department shall adopt
bylaws for the control, management and government and for regulating
the business and proceedings of the Department.
The Village Board shall appropriate funds to
provide for operation and for such apparatus and equipment for the
use of the Fire Department as it may deem expedient and necessary
to maintain efficiency and properly protect life and property from
fire.
The officers and members of the Fire Department
shall receive such compensation from the village as may from time
to time be fixed by the Department.
A. Composition. The Fire Department shall consist of
the following officers: one Chief, an Assistant Chief and a Secretary-Treasurer,
together with as many drivers and fire fighters as may be appointed
by the Chief and approved by the Department and Village Board.
[Amended 11-30-1999 by Ord. No. 113099B]
B. Application for membership. Any person desiring to
be a member of the Fire Department may file with the Secretary an
application in such form as he or she may require. Each applicant
shall also file a certificate of physical fitness from such physician
as the Chief may designate and agree to pre-membership drug screening.
[Amended 9-1-2020 by Ord. No. 09012020]
C. Resignations. All resignations from the Department
shall take the same course as applications for and appointments to
membership.
D. Chief and Assistant Chief.
(1) A vacancy in the Office of the Chief and Assistant
Chief shall be filled by appointment by the Department. Upon creation
of a vacancy of the Office of Chief, the ranking officer shall perform
the duties of the Chief until such vacancy has been filled.
(2) The Chief and Assistant Chief shall immediately assume
office and shall hold office until removed for cause by the members
of the Department.
(3) No member of the Department shall be eligible for
the Office of Chief or Assistant Chief whose entire time, both day
and night, is not ordinarily spent within the village limits and who
has not been a member of the Department for at least two years.
E. Election of officers. The election of the Secretary-Treasurer
and such social officers as the bylaws may require shall be held at
the annual meeting of the Department in such manner as is provided
in the bylaws. In case of any vacancy, the Chief shall appoint a member
in good standing to fill the office until the next annual election.
A. General supervision. The Chief shall have the general
supervision of the Department, which supervision shall be subject
to and not conflict with this chapter and the bylaws of the Department.
He or she shall be responsible for the personnel and general efficiency
of the Department.
B. Presiding officer. The Chief shall preside at all
meetings, call special meetings, preserve order, decide all points
of order that may arise and enforce a rigid observance of this chapter
and bylaws.
C. Command of fire-fighting operations. The Chief shall
be present at all fires and have complete command and entire responsibility
of all fire-fighting operations, plan the control of the same, direct
the action of the Department when it arrives at the fire, observe
that the Department does its duty, grant leaves of absence at a fire
when he or she may deem it proper and see that the fire apparatus
is kept in proper condition at all times.
D. Disciplinary actions. The Chief may demote or expel
any officer or member of the Department for neglect or refusal to
perform his or her departmental duties, or for nonresidence, subject
to an appeal from such demotion or expulsion to the Department.
E. Department budget. Not later than October 1 of each
year, the Chief shall file with the Village Clerk-Treasurer a detailed
estimate of the appropriations needed for the conduct of the Department
during the ensuing fiscal year.
F. Reports to the Board. The Chief shall submit a written
report to the Village Board not later than February 1 of each year,
and at such other times as he or she deems desirable, relating to
the condition of various pieces of apparatus and appurtenances, the
number of hydrants and the condition of the same, the number of fires
occurring since the previous report and the date of the same and loss
occasioned thereby, the number of members of each company, the total
number of active members in the Department and resignations and expulsions
from the Department. He or she shall also report upon the drill and
training program of the Department, together with other pertinent
information, including recommendations for such improvements as he
or she deems proper and necessary for the operation of the Department.
G. Enforcement of fire prevention ordinances. He or she
shall enforce all fire prevention ordinances of the village and state
laws and regulations pertaining to fire prevention and shall keep
citizens informed on fire prevention methods and on the activities
of the Department.
H. Fire record book. He or she shall keep a fire record
book of every fire to which the Department was called and shall enter
in such book the locality of the fire, the time alarm was received,
the cause of fire, where the fire started, the cause of delay (if
any) in responding, the method of extinguishment and equipment used,
the amount of insurance carried on buildings and contents, the estimated
fire loss, the time the fire was extinguished, the names of men and
women responding and general remarks.
I. Apparatus inventory. He or she shall keep an inventory
of all apparatus and equipment and an inventory of all hose, showing
dates and results of tests on each length, which shall be individually
numbered.
J. Duties of commanding officer. He or she shall perform
such other duties as are usually incumbent on the commanding officer
of the Fire Department.
A. The Chief shall have control of all apparatus used
by the Department and shall be responsible for its proper maintenance.
Emergency repairs may be authorized by the Chief.
B. No apparatus shall be used for any purpose except
for fire fighting within the village limits, or in training therefor,
except pursuant to an agreement approved by the Village Board after
the Chief has given his or her recommendations on such use. With the
approval of the Chief, such apparatus may be used for emergency purposes
within the village. A written report of all such uses shall be made
quarterly to the Village Board.
A. Police authority at fires. The Chief and assistant
or officers in command at any fire shall have full and complete police
authority at fires. Any officer of the Department may cause the arrest
of any person failing to give the right-of-way to the Fire Department
in responding to a fire.
B. Control of fires. The Fire Chief may prescribe certain
limits in the vicinity of any fire within which no persons, excepting
fire fighters and police officers and those admitted by order of any
officer of the Department, shall be permitted to come. The Chief may
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 or she may order the removal or destruction
of any property necessary to prevent the further spread of the fire.
He or she may also 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.
C. Entering premises. Any fire fighter while acting under
the direction of the Fire Chief or other officer in command may enter
upon the premises adjacent to or in the vicinity of any building or
other property then on fire for the purpose of extinguishing such
fire, and if any person shall hinder, resist or obstruct any fire
fighter in the discharge of his or her duty as is herein provided,
the person so offending shall be deemed guilty of resisting fire fighters
in the discharge of their duties.
D. Duties of bystanders. 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 may cause the
arrest of any person or persons refusing to obey such orders.
E. Injury to equipment prohibited. No person shall willfully
injure in any manner any hose, hydrant or fire apparatus belonging
to the village, and no vehicle, street car or railroad equipment shall
be driven over any unprotected hose of a fire department when laid
down on any street, private driveway, track or other place, to be
used at any fire or alarm of fire, without the consent of the Fire
Department official in command.
A. The Fire Chief shall bring to the Village Board a
recommendation for the office of Fire Inspector, with power to appoint
one or more Deputy Fire Inspectors, who shall perform the same duties
and have the same powers as the Fire Inspector.
B. Duty of inspection. Fire Inspectors shall inspect
quarterly all buildings, premises and thoroughfares within the fire
limits and inspect semiannually all buildings, premises and public
thoroughfares within the village limits, for the purpose of noting
and causing to be corrected any conditions liable to cause fires.
Repairs or alterations necessary to remove the hazardous condition
shall be made within a reasonable time at the expense of the owner.
The Inspector shall also investigate the storage and handling of explosives
and inflammable liquids within the village.
C. Written record of inspections. The Chief shall keep
a written record card of each property inspected which shall conform
to the requirements of the State Department of Industry, Labor and
Job Development and shall make the quarterly report of inspections
required by the Department.
D. Correction of fire hazards. When any inspection by
the Fire Chief or his or her deputies reveals a fire hazard, the Chief
or his or her deputies may serve a notice, in writing, upon the owner
of the property, giving such owner a reasonable time in which to remove
the hazard. If the fire hazard is not removed within the time allowed,
it shall be deemed a nuisance, and the Fire Chief or his or her deputy
may have the same removed by the village, and the cost of such removal
shall be recovered in an action by the village against the owner of
the property and may also be entered in the tax roll as a special
charge against the property.
E. Entering on premises. No person shall deny the Chief
or his or her deputies free access to any property within the village
at any reasonable time for the purpose of making fire inspections.
No person shall hinder or obstruct the Fire Inspector in the performance
of his or her duty or refuse to observe any lawful direction given
by him or her.
F. Permit fees as established in Chapter
102, Fees and Penalties, for installation or removal of underground/above ground storage tanks shall be in accordance with the following tank sizes: zero gallons to 1,000 gallons; 1,001 gallons to 3,000 gallons; 3,001 gallons to 5,000 gallons; and above 5,000 gallons.
[Added 4-29-1997 by Ord. No. 042997]
[Added 4-7-2021 by Ord.
No. 04072021A]
A. This code shall be known as the "Wrightstown Fire Prevention Code."
This code adopts but is not limited to the State of Wisconsin Department
of Safety and Professional Services Administrative Codes (DSPS), the
Wisconsin Enrolled Building Code, the National Fire Protection Association
(NFPA) incorporated standards and codes as published in the National
Fire Codes (NFC), and the International Fire Code® 2015 (IFC) shall be adopted in place of DSPS Chapter 314, Subchapter
I, § 314.001(2), save and except those portions such as
are hereinafter deleted, modified, or amended by any section of this
code. The same, including any future modifications or amendments,
are hereby adopted and incorporated as fully as if set out at length
herein. Not less than one copy of the adopted issue of the International
Fire Code and the adopted standards and codes of the National Fire
Codes shall be filed in the office of the Fire Department, and the
provisions thereof shall be controlling within the limits of the Village
of Wrightstown.
B. Any facility whose design and construction occurred before the effective
date of this code is governed by the codes in effect at the time of
design and/or construction. The provisions in DSPS Chapter 314 and
the International Fire Code will apply to the use and operation of
all public buildings and places of employment that exist on or after
the effective date of this code.
C. Electric
grills may be utilized on balconies or under any overhang given the
following:
[Added 3-15-2022 by Ord.
No. 03152022]
(1) No
multiplug adaptors or electrical cords may be used to operate said
electric grill, unless approved by manufacturer of said electric grill.
(2) The
electrical grill must be a minimum of two feet (24 inches) away from
any structure.
(3) The
electric grill must be UL listed and approved to operate outdoors.
(4) Upon
request of the Fire Inspector, the owner of said electric grill must
show that said grill is electric.
D. Fire lanes
must be provided for any business in the Village of Wrightstown so
fire apparatus can drive within 50 feet of an exterior door that allows
access to the interior of the building per the following:
[Added 11-7-2023 by Ord. No. 11072023]
(1) A minimum
unobstructed width of 20 feet.
(2) A minimum
unobstructed vertical clearance of 15 feet.
(3) An
appropriate radius for turns in the roads and dead ends for the vehicles
apparatus to turn around.
(4) The
grade of the road must not exceed one foot (0.3 m) of elevation change
every 20 feet or whatever the design limits of the local fire apparatus
dictate.
(5) The
fire lane must be paved or concrete or gravel compacted and with at
least a six-inch to eight-inch base with another six-inch to eight-inch
of compacted gravel on top.
(6) The
fire lane turning radii shall conform to the most challenged Wrightstown
Fire Department apparatus at the time of building construction. Print
out available upon request.
(7) Dead-end
fire apparatus access roads in excess of 150 feet shall be provided
with width and turnaround provisions in accordance with Table D103.4
from the IFC.
(8) All
fire lane access roads shall be marked with permanent signage and/or
markings as approved by the Fire Department and per Section D103.6
of the IFC. Signs must be 12 inches long by 18 inches high and must
state "NO PARKING FIRE LANE," and where needed an arrow may be required.
Markings on the ground may also be required stating "NO PARKING FIRE
LANE" spaced every 50 feet.
(9) The
parking lot and the driveway in front of the business shall meet the
Wrightstown Fire Department most challenged apparatus for weight and
turning radius to get in and out of the parking lot per IFC 503.2.3
and 503.2.4.
(10) Fire
lanes must also be maintained year around and must be clear of snow
during necessary months.
(11) Wrightstown
Fire Department reserves the right to add, edit, or require fire lane
requirements as needed.
[Added 4-7-2021 by Ord.
No. 04072021A]
It shall be unlawful for any person to violate this code, to
permit or maintain such a violation, to refuse to obey any provision
thereof, or to fail or refuse to comply with any such provision or
regulation except as variation may be allowed by the action of the
Fire Chief or Fire Marshal, in writing. Proof of such unlawful act
or failure shall be deemed prima facie evidence that such act is that
of the owner or other person in control of the premises. Prosecution,
or lack thereof, of either the owner, occupant, or the person in charge
shall not be deemed to relieve any of the others.
[Added 4-7-2021 by Ord.
No. 04072021A]
The Fire Chief of the Village of Wrightstown shall be responsible
for the enforcement of the Wrightstown Fire Prevention Code. The Fire
Chief of the Wrightstown Fire Department may detail such members of
the Fire Department as inspectors as shall from time to time be necessary.
To assist in the performance of the responsibilities and duties placed
upon the Fire Chief of the Wrightstown Fire Department, a Bureau of
Fire Prevention in the Fire Department of the Village of Wrightstown
is hereby created.
A. This Bureau shall operate under the supervision of the Fire Chief
of the Wrightstown Fire Department. The Fire Chief of the Fire Department
shall designate a fire official of the Wrightstown Fire Department
which shall be the Fire Marshal. The Fire Marshal shall be the administrator
of the Bureau of Fire Prevention.
B. The Fire Marshal shall be responsible for the direct administration
and enforcement of the Wrightstown Fire Prevention Code as may be
set forth by the Fire Chief of the Wrightstown Fire Department. The
Fire Marshal shall be appointed on the basis of examination or other
method for determining his/her qualifications.
C. It shall be the duty of the officers of the Bureau of Fire Prevention
to enforce all laws and ordinances of the Village of Wrightstown,
covering the following but not limited to:
(2) The storage and use of explosives, and flammable and combustible
materials.
(3) The installation and maintenance of automatic and other fire alarm
systems, and fire-extinguishing equipment.
(4) The maintenance and regulation of egress pathways.
(5) The means and adequacy of exit, in case of fire, from factories,
schools, hotels, lodging houses, hospitals, churches, halls, theaters,
amphitheaters, and all other places in which numbers of persons work,
live, or congregate, from time to time, for any purpose.
(6) The maintenance of fire cause and loss records.
D. The officers of the Bureau of Fire Prevention shall have such other
powers and perform such other duties as are set forth in other sections
of this code, and as may be conferred and imposed from time to time
by law. The Fire Chief of the Wrightstown Fire Department may delegate
any of his powers or duties under this code to the Fire Marshal.
[Added 4-7-2021 by Ord.
No. 04072021A]
A. The Fire Chief, Fire Marshal, or any Fire Department officer, as
well as the Wrightstown police officers, shall have the authority
to issue citations or complaints under the provisions of the Wrightstown
Fire Prevention Code.
B. It shall be the duty of the Fire Chief and/or Fire Marshal of the
Wrightstown Fire Department to investigate and to recommend to the
Village of Wrightstown Board of Trustees such additional ordinances,
or amendments to existing ordinances, as he/she may deem necessary
for safeguarding of life and property against fire.
C. The Fire Marshal shall inspect or cause to be inspected all premises
on a semiannual or periodic basis, and shall make such orders as may
be necessary for the enforcement of the laws and ordinances governing
the same and for safeguarding of life and property from fire. Effective
January 1, 2021, "periodic basis" shall mean all occupancies in the
jurisdiction shall be inspected on an annual basis or more frequently
as needed as determined by the Fire Marshal as provided for in § SPS
314.01(13)(b)7, Wis. Adm. Code.
[Added 4-7-2021 by Ord.
No. 04072021A; amended 10-5-2021 by Ord. No. 10052021]
A. Whenever any inspector, as defined above, during the course of any routine or special fire inspection visit finds any violations of any enforceable codes, he/she shall order the same to be remedied in an approved manner, and such order to comply shall be served upon the owner or occupant of such premises or buildings. Any owner or occupant failing to comply with such order within 30 days after the service of the said order shall be liable to penalties as hereinafter provided, Chapter
102, Fees and Penalties, of the Wrightstown Municipal Code.
B. Special charge. The annual fire reinspection fees shall constitute
a special charge against the property under § 66.0627, Wis. Stats., and shall be invoiced
on or before July 31 each year. Any fees remaining unpaid 30 days
after invoicing shall receive an interest charge of 1% per month on
the unpaid balance and shall be placed on the annual tax roll for
collection as a special charge, together with an administrative fee
of $20 per parcel. All proceedings related to the collection of real
estate taxes shall apply.
C. Reinspection. The fees assessed in Subsection
B include primary inspection and one reinspection, to follow up on any corrections which need to be completed within the time ordered by the Village Fire Inspector. All reinspection fee levels are subject to change based on the Fire Inspector's discretion and on the severity of the violation found. After the reinspection, and after the time for corrective action has passed, any property still in violation shall be assessed a penalty, per Chapter
102, Fees and Penalties, §
28-14, Fire Inspector reinspection fees, for all additional reinspections, until the corrections have been made.
D. The service of any such order may be made upon the occupant of the
premises to whom it is directed, either by delivering a copy of same
to such occupant personally or by delivering the same to and leaving
it with any person in charge of the premises, or, in case no such
person is found upon the premises, by affixing a copy thereof in a
conspicuous place on the door to the entrance of said 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 said person a copy of the said order or, if such owner is absent
from the jurisdiction of the officer making the order, by mailing
such copy by certified mail to the owner's last known post office
address or sending the order by email to the contacts that the owner
has supplied the Fire Department in the past or during the current
inspection.
[Added 4-7-2021 by Ord.
No. 04072021A]
The Fire Marshal shall make an annual report of the activities
of the Bureau of Fire Prevention and shall transmit this report to
the Fire Chief and/or Officers of the Wrightstown Fire Department.
The report shall contain all proceedings under the Wrightstown Fire
Prevention Code with such statistics as the Fire Chief may wish to
include therein.
[Added 4-7-2021 by Ord.
No. 04072021A]
The Fire Chief or Fire Marshal of the Wrightstown Fire Department
shall also recommend any amendments to the Wrightstown Fire Prevention
Code or ordinances which in his/her judgment shall be desirable.
[Added 4-7-2021 by Ord.
No. 04072021A]
The provisions of the Wrightstown Fire Prevention Code shall
apply equally to both public and private property, and it shall apply
to all structures and their occupancies, except as otherwise specified.
[Added 4-7-2021 by Ord.
No. 04072021A]
This act shall be deemed in exercise of the police powers of
the Village of Wrightstown for the preservation and protection of
the public health, peace, safety, and welfare, and all the provisions
of the Wrightstown Fire Prevention Code shall be liberally construed
for that purpose.
[Added 4-7-2021 by Ord.
No. 04072021A]
The provision of this article addresses the requirements for
key boxes in new and existing buildings and access through locked
gates around building property.
[Added 4-7-2021 by Ord.
No. 04072021A]
As used in this chapter, the following terms shall have the
meanings indicated:
KEY BOX
A Fire Department-approved Knox-Box®.
[Added 4-7-2021 by Ord.
No. 04072021A]
In IFC Chapter 5, Section 506, Key Boxes, substitute: The Fire Chief/Fire Marshal shall have the authority to require one or more key boxes and/or gate entry devices to be installed in an accessible location where access to the property or within a structure or area is difficult because of security or where immediate access is necessary for lifesaving or firefighting purposes. The key box and/or gate entry device shall be a type approved by the Fire Marshal and shall contain keys necessary to gain access or allow access through locked gates as required by the Fire Marshal. The operator of the premises shall immediately notify the Fire Department and provide the new key(s) any time a lock is changed or rekeyed and a key(s) to that lock is contained in the key box or face penalty: Chapter
102, Fees and Penalties §
28-22. As of the effective date of this chapter:
A. All new multifamily dwellings will be required to have a lock box,
approved by the jurisdiction, installed before issuing a certificate
of use and occupancy.
B. All existing multifamily dwellings will have a period of 90 days
to install lock boxes approved by the jurisdiction.
C. All new commercial or industrial structures will be required to have
a lock box, approved by the jurisdiction, installed before issuing
a certificate of use and occupancy.
E. All existing commercial or industrial structures will have a period
of 90 days to install lock boxes approved by the authority having
jurisdiction.
F. All new and existing properties that have a locked gate on any property
larger than a private two-family dwelling must install a gate entry
system that is approved by the Fire Marshal. This gate entry system
must allow access through locked gates at all times, including but
not limited to times of power loss.
[Added 4-7-2021 by Ord.
No. 04072021A]
Any person who shall violate any provision of this chapter or any order, rule or regulations made hereunder shall be subject to a penalty as provided in Chapter
102, Fees and Penalties.