[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.
A.
Creation. The Fire Chief shall create a Fire Prevention
Division within the Winneconne Poygan Fire District.
C.
Adoption of Fire Prevention Codes.
(1)
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.
[Amended 6-20-2002]
(2)
Adoption of codes and standards.
[Amended 6-20-2002]
(a)
The state codes listed in this subsection are
hereby adopted by reference and made a part of the Town of Winneconne
Fire Prevention Code:
[1]
Fire Prevention, Ch. COMM 14, Wis. Adm. Code.
[2]
General Orders on Existing Buildings, Chs. COMM
75 to 79, Wis. Adm. Code.
[3]
Electrical Code, Ch. COMM 16, Wis. Adm. Code.
[4]
Commercial Building Code, Chs. COMM 61 to 65
and Appendices A and B, Wis. Adm. Code.
[5]
Flammable and Combustible Liquids, Ch. COMM
10, Wis. Adm. Code.
(b)
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:
(c)
The National Fire Protection Association codes
and standards are hereby adopted as though fully set forth herein.
(d)
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.
(3)
Fireworks.
(a)
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.
(b)
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.
A.
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 Wisconsin
Administrative Code that governs the dwelling building and in accordance
with the manufacturer's instructions.
[Amended 12-19-2019 by Ord. No. 2019-6]
B.
The owner of the building shall be solely responsible
for the installation and maintenance of the smoke detectors, to include
battery replacement as required.
C.
The tenant shall be responsible for informing the
owner in writing of any smoke detector malfunction, to include the
need for a new battery.
D.
The owner shall immediately, upon receipt of this
written notice from the tenant, repair/replace the smoke detector
or replace the battery as needed.
E.
Neither the owner nor the tenant shall remove or disconnect
the battery from a smoke detector at any time except for battery replacement.
F.
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.
G.
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.
A.
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.
B.
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:[1]
C.
Exclusion. False alarms shall not include:
(1)
Alarms that occur during electrical storms, tornadoes,
blizzards, or other natural disasters or acts of God.
(2)
Disruption of the telephone circuits beyond the control
of the alarm company and/or the alarm user.
(3)
Electrical power or disruption or failure not caused
by the user.
(4)
Alarms caused by failure of equipment at the Winnebago
County Communications Center (911).
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
