[HISTORY: Adopted by the Town Board of the Town of Winneconne 2-18-1999 (Ch. 5 of the 1994 Code). Amendments noted where applicable.]
The Town of Winneconne has entered into an agreement to obtain fire protection and all other related services with the Winneconne Poygan Fire District. The Town of Winneconne shall provide one of its Board members to be on the Winneconne Poygan Fire District Board. The agreement shall be part of this chapter. The Winneconne Poygan Fire District shall submit a budget for approval by the Boards of the Town of Winneconne, Village of Winneconne and the Town of Poygan. All capital investments must also be approved by the above-stated Boards. Any amendments to the agreement shall be adopted in the same manner.
Creation. The Fire Chief shall create a Fire Prevention Division within the Winneconne Poygan Fire District.
Adoption of Fire Prevention Codes.
Purpose. It is the purpose of this code to protect the public, employees, fire fighters, and property from the hazards of fire and explosion by establishing minimum standards, consistent with nationally recognized practice, for the use, operation, maintenance and inspection of new and existing buildings, structures and premises.
Adoption of codes and standards.
The state codes listed in this subsection are hereby adopted by reference and made a part of the Town of Winneconne Fire Prevention Code:
Fire Prevention, Ch. COMM 14, Wis. Adm. Code.
General Orders on Existing Buildings, Chs. COMM 75 to 79, Wis. Adm. Code.
Electrical Code, Ch. COMM 16, Wis. Adm. Code.
Commercial Building Code, Chs. COMM 61 to 65 and Appendices A and B, Wis. Adm. Code.
Flammable and Combustible Liquids, Ch. COMM 10, Wis. Adm. Code.
The International Fire Code, hereinafter "IFC," as from time to time may be amended, is hereby adopted as though fully set forth herein, with the following exceptions:
The National Fire Protection Association codes and standards are hereby adopted as though fully set forth herein.
Any fire prevention problem not herein addressed by code or adopted standards will be addressed on the basis of current accepted International Fire Code standards.
Section 167.10, Wis. Stats., pertaining to regulation of fireworks, together with any future additions, deletions, or supplements thereto, is herewith incorporated as part of this chapter and shall be enforced with the same force and effect as though set forth in full herein; provided, however, that where such rules and regulations are less stringent than other provisions found in this chapter, the provisions of this chapter shall apply.
Notwithstanding any provisions of this chapter to the contrary, no person may sell, possess or use fireworks, as that term is defined by § 167.10(1), Wis. Stats., as may be amended from time to time, within the Town of Winneconne, except that the use of fireworks may be allowed by appropriate permit issued by the Fire Chief.
All dwelling units, vacant or occupied, shall be provided with working, approved, listed and labeled smoke detectors. Smoke detectors shall be installed in accordance with the appropriate Department of Commerce code that governs the dwelling building and in accordance with the manufacturer's instructions.
The owner of the building shall be solely responsible for the installation and maintenance of the smoke detectors, to include battery replacement as required.
The tenant shall be responsible for informing the owner in writing of any smoke detector malfunction, to include the need for a new battery.
The owner shall immediately, upon receipt of this written notice from the tenant, repair/replace the smoke detector or replace the battery as needed.
Neither the owner nor the tenant shall remove or disconnect the battery from a smoke detector at any time except for battery replacement.
The owner shall install new batteries in all smoke detectors at the beginning of a new lease or new tenancy and shall install new batteries annually.
The owner shall furnish to the tenant at the beginning of a new lease or new tenancy written notice of the responsibilities of the tenant and the obligations of the owner regarding smoke detectors, their batteries and their maintenance.
The user of any private alarm system which, upon activation, elicits a response from the Winneconne Poygan Fire District shall be subject to the following fee schedule for each false alarm in the calendar year. A false alarm shall be defined as an alarm which was discharged falsely, accidentally, though mechanical failure, malfunction, improper installation, lack of maintenance, or by negligence of the owner or lessee of the alarm system or of his and/or her employees or agents.
Fee schedule. There is hereby imposed a fee for each Fire District response to any false alarm. The owner of the property shall be subject to the fee schedule below. The fee schedule for each premises shall be as follows in any calendar year:
First and second false alarms: $25 each.
Third and fourth false alarms: $50 each.
Fifth through 10th false alarms: $100 each.
Eleventh and subsequent false alarms: $500 each.
Exclusion. False alarms shall not include:
Alarms that occur during electrical storms, tornadoes, blizzards, or other natural disasters or acts of God.
Disruption of the telephone circuits beyond the control of the alarm company and/or the alarm user.
Electrical power or disruption or failure not caused by the user.
Alarms caused by failure of equipment at the Winnebago County Communications Center (911).
This fee shall be imposed whether the Fire District received the alarm by direct connection or though an intermediary, such as an answering service or modified central station. If the Fire Chief is notified in writing prior to the day of installation of a new alarm system, the fee imposed by this section shall be waived for a ninety-day period beginning with the date of the installation.
The alarm user shall provide the Fire District with the names and telephone numbers of at least two persons who can be reached at any time, day or night, who are authorized to respond to an emergency signal transmitted by the automatic alarm system or device and who are trained in the operation and functioning of the alarm system and who can open the premises wherein the alarm system is installed. It shall be a violation of this section if any of these persons cannot be contacted, or if they refuse to cooperate with and respond at the request of Fire District officials, and they and/or the alarm user may be subject to a forfeiture under the penalty section of this chapter.
No alarm system designated to transmit emergency messages directly to the Fire District/911 or though an intermediary service shall be tested or demonstrated without first notifying the Fire District and the Fire Dispatcher prior to the start of such test or demonstration.
It shall be unlawful for any persons to give or cause to be given a false alarm, or to pull the lever of any signal box, except in the case of fire, or tamper, meddle or interfere in any way with said boxes, or any of the wires or supports thereof connected with any part of the fire alarm system, or to make any connection or communication therewith so as to interrupt or interfere with the proper working of said system, or injure, break or destroy machinery or fixtures connected to said system.
Liability. Neither the Town of Winneconne nor the Winneconne Poygan Fire District shall be under any duty or obligation to a subscriber or to any other person concerning any provisions of this chapter, including but not limited to any defects in an alarm system or any delays in transmission or response to any alarm.
Those subject to fees for false alarms shall be notified in writing of such fees by the Fire District. Failure to pay the fee within 30 days of invoice shall be grounds to subject the user to the penalties contained within § 165-11. In addition to any other methods provided by law, false alarm fees under Subsection B above shall be allocated to the property served as a special charge under § 66.0703, Wis. Stats.
Any person may appeal issuance of an invoice to the Fire Chief. The appeal shall be filed with the Town Clerk upon a form provided by the Town Clerk's office. The appeal shall be in writing and specify the reason for the appeal. The Fire Chief shall determine whether to sustain or revoke the invoice in whole or in part and shall notify the appellant of this decision in writing within 15 days of the receipt of the appeal.
Any person feeling aggrieved by a decision of the Fire Chief may appeal such decision to the Town Board within 15 days of the written notification made by the Fire Chief. The date of the written notice shall be the date of mailing or the date of personal service of the notice. The appeal shall be filed with the Town Clerk upon a form provided by the Town Clerk's office. The appeal shall be in writing and specify the reasons for the appeal. The Town Board may reverse or affirm, wholly or in part, or may modify the decision of the Fire Chief. The vote of the majority of the members of the Town Board present shall be necessary to reverse or modify the decision of the Fire Chief.
Every building and/or structure subject to the provisions of Chs. COMM 50 through 64, Wis. Adm. Code, shall have determined the maximum occupancy load for each area and/or floor thereof. This limit shall be inscribed upon a sign constructed of "graviply" or an equivalent material and having dimensions of at least 12 inches in length and four inches in height. The lettering shall be white on a dark background. The lettering shall be 1 1/2 inches in height and the number shall be three inches in height. The sign shall contain the following language: "Limit (number) Persons" and shall be posted up and at all times be displayed in a conspicuous place near the main entrance to the area/floor/structure, so that all persons visiting such place may readily see the same.
It shall be unlawful for any person to knowingly deface or destroy such sign or to remove it without the consent of the Fire District Inspector.
Prohibited discharges. No person, firm or corporation shall discharge or cause to be discharged, leaked or spilled upon any public or private street, alley, public or private property, or onto the ground, surface waters, subsurface waters, or aquifers within the Town, except those areas specifically licensed for waste disposal or landfill activities and to receive such materials, any explosive, flammable or combustible solid, liquid, or gas, any radioactive materials at or above Nuclear Regulatory Restriction levels, etiologic agents, or any solid, liquid or gas creating a hazard, potential hazard, or public nuisance or any solid, liquid or gas having a deleterious effect on the environment.
Containment, cleanup and restoration. Any person, firm or corporation in violation of the above subsection shall, upon direction of any Fire District officer, begin immediate actions to contain, cleanup and remove to an approved repository the offending material(s) and restore the site to its original condition, with the offending person, firm or corporation being responsible for all expenses incurred. Should any person, firm or corporation fail to engage the necessary person and equipment to comply with or to complete the requirements of this section, the Fire Chief or Police Chief or designees may order the required actions to be taken by public or private sources and allow the recovery of any and all costs incurred by the Town as an action imposed by Subsection C below.
Emergency services response. Emergency services response includes but is not limited to fire service, emergency medical services, and law enforcement. A person, firm or corporation who or which possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance shall be responsible for reimbursement to the responding agencies for actual and necessary expenses incurred in carrying out their duties under this chapter. Actual and necessary expenses may include but not be limited to replacement of equipment damaged by the hazardous material, cleaning, decontamination and maintenance of the equipment specific to the incident, costs incurred in the procurement and use of specialized equipment specific to the incident, specific laboratory expenses incurred in the recognition and decontamination, cleanup and medical surveillance, and incurred costs in future medical surveillance of response personnel as required by the responding agency's medical advisor.
Site access. Access to any site, public or private, where a prohibited discharge is indicated or suspected shall be provided to Fire District officers and staff and to the Police Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.
Public protection. Should any prohibited discharge occur which threatens the life, safety or health of the public at, near or around the site of a prohibited discharge, and the situation is so critical that immediate steps must be taken to protect life and limb, the Fire Chief, his assistant, or the senior police official on the scene of the emergency may order an evacuation of the area or take other appropriate steps for a period of time until the person, firm or corporation in violation of this section can take appropriate action.
Civil liability. Any person, firm or corporation in violation of this section shall be liable to the Town of Winneconne and/or the Winneconne Poygan Fire District for any expense incurred by the Town of Winneconne and/or the Winneconne Poygan Fire District or loss or damage sustained by the Town of Winneconne and/or the Winneconne Poygan Fire District by reason of such violation.
No person shall neglect or refuse to render assistance when lawfully called upon to do so by any Fire District officer, nor shall any person refuse to obey lawful order given to him to assist in the extinguishment of a fire or to maintain order in the vicinity thereof.
No person shall offer any resistance to any officer or member of the Fire District when in the performance of his duty.
No person shall wantonly or maliciously cut or otherwise injure or damage any hose or apparatus belonging to or used by the Fire District, nor shall any person drive any vehicle over any unprotected hose of the Fire District which may be laid in the streets or any other place without the consent of an officer of the Fire District
No unauthorized person shall open any fire hydrants, nor shall any person obstruct or interfere with the use of any fire hydrant, by piles of lumber, building materials, articles of merchandise, waste materials, or in any other way or manner.
Any person who shall violate any of the provisions of this chapter or any section other than § 165-4, False alarms, shall, upon conviction thereof, be punished by a forfeiture of not less than $50 nor more than $500, together with the costs of prosecution, and in default of payment thereof by imprisonment in the county jail for a period not to exceed 60 days. Each day of violation shall constitute a separate offense. This subsection is not to include § 165-4, False alarms.
Any person convicted of violating any of the provisions of § 165-3A through G shall forfeit not less than $150 for the first offense and not less than $300 for the second or subsequent offense within 12 months of conviction, and not more than $500, together with the cost of prosecution, and in default of payment thereof shall be imprisoned in the county jail for a period not to exceed 60 days. Each day shall constitute a separate and distinct offense.