[HISTORY: Adopted by the Village Board of the Village of
Kronenwetter 2-25-2002 (Ch. 26, Art. III, of the 2004 Code). Amendments noted
where applicable.]
[Amended 7-9-2013 by Ord. No. 13-11]
Any changes or additions to this chapter shall be submitted
either by the Fire Chief or by the Village Administrator, in writing,
to the Village Board for approval.
[Amended 7-9-2013 by Ord. No. 13-11]
The penalty for violation of any provision of this chapter shall be as set forth in § 1-2 of the Code of the Village of Kronenwetter.
[Amended 7-9-2013 by Ord. No. 13-11]
A.
The Fire Department organized under the title of "Kronenwetter Fire
Department" is hereby officially recognized as a Department of the
Village, and the duty of firefighting 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 Wisconsin
Administrative Code Chapters SPS 330 and SPS 332, this chapter and
by such bylaws adopted by the Department as are approved by the Village
Board, except as is otherwise provided by law and ordinance.
[Amended 4-14-2015 by Ord. No. 15-02]
B.
Subject to the approval of the Village Board and, as required pursuant
to Wis. Stats. § 62.13, the Police and Fire Commission,
the Fire Department, upon a majority vote of the officers of the Department,
is hereby authorized and directed to adopt standard operating guidelines
and amendments thereto for the control, management, government and
regulation of the business and proceedings of the Department. For
this section, the officers shall consist of the Fire Chief, Deputy
Chief, Captains, Lieutenants and Secretary-Treasurer. These standard
operating guidelines and any approved amendments shall be kept on
file with the Village Clerk and shall be available during normal business
hours for review. Where the standard operating guidelines of the Department
are in conflict with the Village of Kronenwetter Employee Handbook,
the Village of Kronenwetter Employee Handbook shall take precedence
over the standard operating guidelines.
[Amended 7-14-2003; 7-26-2004; 3-28-2005; 7-9-2013 by Ord. No. 13-11]
A.
The Fire Department shall consist of one Fire Chief, one Assistant
Fire Chief, Captains, Lieutenants, a Secretary-Treasurer, and as many
drivers and firefighters as the Fire Chief shall recommend to the
Village Board. The Village Board shall approve the number of each
named position within the Department. At no time shall the Department
consist of fewer than 22 active members.
B.
Members who resign from the Department after 10 years of continuous
service shall become honorary members of the Department.
C.
All resignations from the Department must be submitted, in writing,
to the Chief and the Police and Fire Commission.
D.
A vacancy in the office of the Fire Chief shall be temporarily filled by the Assistant Fire Chief, until a new Fire Chief is appointed pursuant to § 66-7N of the Code.
E.
No member shall respond to a Department alert if he or she is under the influence of an intoxicant, a controlled substance or any combination of an intoxicant and a controlled substance or under the influence of any other drug to a degree which renders him or her incapable of safely or legally driving or incapable of safely and competently performing his or her duties, or the person has a detectable amount of a restricted controlled substance in his or her blood, or the person has a prohibited alcohol concentration. Members shall not respond to emergency calls after consuming any intoxicating substance or drugs to the extent that evidence of such consumption is apparent or if their ability to perform duty is impaired. Members shall not at any time be under the influence of intoxicants or drugs while on duty. Members shall not respond to any emergency alarm or report to the Fire Department while having an alcohol concentration above 0.0. If a member is suspected of violating this provision, a breath test may be ordered on site or the member taken for a blood test as directed by the Fire Chief, Assistant Fire Chief or highest ranking member in charge. Dependent on the result of such testing, the member may be subject to disciplinary action by the Fire Chief as stated in § 66-6 of this Code.
F.
Each member of the Department shall be held personally responsible
for all Department equipment in the member's possession.
G.
All new members after appointment must serve a probationary period
of 24 months. Successful completion of this probationary period may
be extended by the Fire Chief if it is to the advantage of the Fire
Department. During this probationary period, it is intended that the
new member obtain such training as is required by state statute for
full active membership. During the probationary period, the applicant
may be dismissed at any time without cause. If, at the end of this
period, the applicant has completed the required training and shows
satisfactory proficiency in meetings, call response and competence,
as determined by the Fire Chief, the Fire Chief shall submit notice
of such completion to the Kronenwetter Police and Fire Commission
in writing. Upon approval of the Kronenwetter Police and Fire Commission,
he/she shall then become a full member of the Department.
H.
The annual meeting of the Department shall be held on a regular training
night in January of each year.
I.
Any active member who fails to attend three consecutive meetings
or who fails to attend at least 50% of all fires in any year shall
be referred to the Police and Fire Commission for disciplinary action,
pursuant to Wis. Stats. § 62.13(5)(c), unless such member
is excused by the Chief.
J.
Any Fire Department member who resigns or is removed from the Department
shall return to the Chief of the Fire Department, upon resignation
or removal, all Department property in his/her care, including badges,
keys and monitoring equipment.
K.
A leave of absence may be granted by the Chief for reasons acceptable
to the Chief.
L.
During or after an alert, no member may return to quarters (leave)
until the member has been personally dismissed by the Chief, Assistant
Chief, or the officer in charge.
M.
The Fire Chief shall reside in the Village unless a specific exception
is requested by the Chief and approved by the Village Board.
N.
All purchases shall be approved, in advance, by the Chief or the
Assistant Chief.
O.
Any member of the Fire Department may operate his or her privately
owned motor vehicle as an authorized emergency vehicle, as that phrase
is defined in Wis. Stats. § 340.01, while en route to a
fire or on an emergency call pursuant to the orders of the Chief or
other commanding officer. This shall include the right to use a red
light and siren while en route to a fire call or an emergency call,
or while en route to a fire or an emergency.
P.
All members of the Fire Department who are operating authorized emergency
vehicles shall:
(1)
Observe all requirements of Wis. Stats. § 340.01 governing
authorized emergency vehicles. In no case shall a member of the Fire
Department violate the restrictions set forth in this section.
(2)
Operate his or her vehicle with due regard for the safety of all
persons using the highway, road or street.
(3)
Operate his or her vehicle in consideration of his or her ability,
and the ability of the vehicle being operated, the road and weather
conditions and the seriousness and urgency of the situation being
responded to.
(4)
Not exceed the posted speed limit by more than 15 miles per hour.
Operating guidelines shall be as follows:
A.
These guidelines assume efficient response of members and apparatus
to the scene of an emergency without damage to public or private property,
or injury or death to civilians or Fire Department members. All members
shall use good judgment to ensure that safety is not sacrificed in
order to increase the speed of the response.
B.
The driver of each vehicle bears full responsibility for adherence
to these guidelines.
C.
All members must proceed toward the fire station until informed that
all Department vehicles have left the fire stations.
D.
All members must wear personal protective equipment (PPE) when responding
to an alarm.
E.
F.
Stop signs. All stop signs must be obeyed while en route to an alarm.
G.
The authorization to exceed the maximum speed limit by 15 miles per hour in § 66-4P(4) shall apply only to "Code 1 Urgent" responses. All other responses shall be made in strict accordance with the posted or statutory pursuant to Wis. Stats. § 346.57, speed limits.
H.
I.
Reduced response. The first officer to arrive at the emergency scene
shall evaluate the need for other responding equipment. Whenever reasonable,
other responding equipment will be advised to continue in a nonemergency
mode or to return to the station.
[Amended 7-9-2013 by Ord. No. 13-11]
A.
In this section:
(1)
Level 1 reprimand: A Level 1 reprimand shall constitute a warning
to an employee he/she has violated a rule of the Department. Whenever
grounds for disciplinary action exist, and the Fire Chief determines
that more-severe action is not immediately necessary, the Fire Chief
shall verbally communicate the deficiency demonstrated to the employee.
The Fire Chief shall place in the personnel file of the employee a
memorandum stating the reasons for the reprimand and the nature of
the reprimand and shall provide a copy of the memorandum to the employee.
The employee may provide a disputing memorandum to the Fire Chief,
who shall place said memorandum in the personnel file of the employee
in question. This reprimand shall be the lowest level of discipline
of a Department employee.
(2)
Level 2 reprimand: A Level 2 reprimand shall constitute a stronger
warning to an employee that he/she has violated a rule of the Department.
This violation shall be the second-highest level of discipline of
a Department employee and would typically be subsequent to an employee
receiving a Level 1 reprimand for the same infraction, although in
some cases where the violation is egregious in nature, a Level 2 reprimand
can be issued by the Fire Chief to the employee without a Level 1
reprimand having preceded it.
B.
The Fire Chief shall have authority to issue disciplinary actions
of a Level 1 or Level 2 reprimand to any Fire Department employee
that violates any of the Village of Kronenwetter Fire Department standard
operating guidelines, or any rules spelled out within the Village
of Kronenwetter Employee Handbook, or any other applicable rules of
the Department. The Village Administrator shall have authority to
issue disciplinary actions of a Level 1 or Level 2 reprimand to the
Fire Chief.
C.
Disciplinary action in the Department against a subordinate, that
shall result in the demotion, suspension or dismissal of an employee,
shall be handled as that term is defined in Wis. Stats. § 62.13(5),
and shall occur only by utilizing the procedure set forth in Wis.
Stats. § 62.13(5), relating to disciplinary action against
subordinates. In applying that procedure with respect to the Chief
of the Fire Department, the term "subordinate," for the purpose of
this section, shall be construed to mean "the Chief of the Fire Department":
and wherever the word "Chief" is used in Wis. Stats. § 62.13(5),
the words "President of the Police and Fire Commission" shall be substituted
for the purpose of this section.
[Amended 2-25-2014 by Ord. No. 14-04]
[Amended 7-26-2004; 7-9-2013 by Ord. No. 13-11]
A.
The Fire Chief shall have the general supervision of the Fire Department,
which supervision shall be subject to and not in conflict with this
chapter and the standard operating guidelines of the Department.
B.
It shall be the duty of the Fire Chief to preside at all meetings
of the Department, to call special meetings, to preserve order, to
decide all points of order that may arise, and to enforce a rigid
observance of this chapter, the Village of Kronenwetter Employee Handbook,
all other adopted Village policies, and the Village of Kronenwetter
Fire Department standard operating guidelines.
C.
It shall be the duty of the Chief to be present at all fires, and
in absence of the Chief, the Assistant Chief shall so act, and shall
have complete control of the same, and direct the action of the Department
as the members arrive at a fire, and observe that every member does
his or her duty, and grant leaves of absence at a fire when the Chief
may deem it proper, and to see that the fire apparatus is kept in
proper condition at all times.
D.
The Fire Chief shall have the power to discipline or demote any member of the Fire Department upon good cause as spelled out in § 66-6 of this Code.
E.
It shall be the duty of the Fire Chief to submit to the Village Board,
and at such times as the Village Board or the Commission requests,
report(s) relating to conditions of the various pieces of apparatus;
the number of fires occurring since the date of same and loss occasioned
thereby; the total number of active members in the Department; and
resignations and/or removals from the Department. The Fire Chief shall
also report to the Village Board the drill and training program(s)
of the Department, together with other pertinent information, including
recommendations of such improvements as the Fire Chief deems proper
and necessary for the operation of the Department.
F.
The Chief 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.
G.
The Chief shall keep a record of every fire to which the Department
was called. The fire record shall contain the locality of the fire,
time alarm was received, cause of fire, time fire was extinguished,
names of firefighters responding and general remarks.
H.
The Chief shall keep an inventory of all apparatus and equipment
and an inventory of all hose, showing dates and results of test on
each length, which shall be individually numbered.
I.
The Chief shall perform such other duties as are usually incumbent
on the commanding officer of the Fire Department.
J.
The Fire Chief shall maintain all apparatus and equipment used by
the Fire Department under the guidelines laid out by the Village Administrator
and shall be responsible for its proper maintenance, and emergency
repairs may be authorized by the Chief.
K.
It shall be the duty of the Chief to drill and train at least two
drills per month. It shall be the duty of the Chief to arrange the
drills and training so that they will include the proper and efficient
use of all appliances and apparatus.
L.
The Chief shall designate the members as laddermen and nozzlemen
in such number as the Chief may determine.
M.
During each year, the Fire Chief shall work with the Village Treasurer
to conduct an audit of the books of the Department.
N.
Appointment/disciplinary action.
(1)
The Fire Chief of the Fire Department shall be appointed by the Board
of Police and Fire Commissioners. The Fire Chief shall hold office
during good behavior, subject to suspension or removal by the Board
for cause.
O.
The Chief
of the Fire Department shall appoint subordinates, subject to the
approval of the Police and Fire Commission. Such appointment shall
be made by promotion, when this can be done with advantage; otherwise,
from the eligibility list provided by examination and approval by
the Police and Fire Commission. Such list shall be determined as provided
in Wis. Stats. § 62.13(4).
A.
The Assistant Chief of the Fire Department shall report to the Chief
at fires and assist the Chief in the discharge of the Chief's
duties.
B.
In the absence of the Chief, the Assistant Chief shall officiate
in the capacity of the Chief.
C.
The Assistant Chief, in the absence of the Chief, shall preside at
all meetings and shall appoint all committees called for at a meeting
at which the Assistant Chief may preside.
D.
The Assistant Chief shall be responsible to see that the hoses are
placed on the engine and that all Department equipment is returned
to its proper place on the apparatus, and the Assistant Chief shall
require that the rules for the care and management of the apparatus
are obeyed.
E.
The Assistant Chief shall be responsible to see that, on returning
from a fire, wet hoses shall be removed from the truck and placed
in the drying tower and that the truck be reloaded with dry hoses,
if such are available.
F.
The Assistant Chief shall make sure after each fire that all equipment
is ready for use at another fire.
It shall be the duty of the Lieutenants of the Fire Department
to assist the Chief and Assistant Chief and Captains in the discharge
of their duties.
A.
It shall be the duty of the Secretary-Treasurer of the Fire Department
to keep the minutes of all meetings, handle all Department correspondence,
keep a register of the names of all the members of the Fire Department,
issue all notices, collect money due the Department and give them
to the Village Treasurer.
[Amended 7-9-2013 by Ord. No. 13-09]
B.
The Secretary-Treasurer shall, if possible, give each member at least
seven days' notice of any special meetings.[1]
[1]
Editor's Note: Former Subsection C, which required the Secretary-Treasurer
to keep a written account of all money received and expended, and
former Subsection D, which required the Secretary-Treasurer to pay
only authorized amounts and to submit an annual statement of amounts
on hand, both of which immediately followed this subsection, were
repealed 7-9-2013 by Ord. No. 13-09.
A.
The mechanics of the Fire Department shall be charged with the duty
of maintaining all the fire-fighting apparatus of the Department in
good condition and ready for immediate service.
B.
It shall be the duty of the mechanics to make a weekly inspection
of the apparatus, to check tires, batteries and any other features
which require attention.
C.
After each fire, it shall be the duty of the mechanics to inspect
all trucks, and also to see that the trucks are filled with gas and
oil.
D.
It is the duty of the mechanics to report to the Assistant Chief
any damage or broken parts on the equipment.
A.
There shall be at least two Fire Inspectors in the Fire Department.
B.
It shall be their duty to inspect in January and July of each year
all buildings (in accordance with state statutes) within the Village
and other area under contract, for the purpose of noting and causing
to be corrected any condition liable to cause fire.
C.
The Inspectors shall also investigate and inspect the storage and
handling of inflammable liquids within the Village.
D.
It shall be the duty of Fire Inspectors to keep a written record
of each property inspected, which shall conform to the requirements
of the Wisconsin Industrial Commission, and shall make reports of
inspections as required by the state statutes.
E.
Whenever or wherever in the Village any inspection by the Fire Inspectors
reveals a fire hazard, the Inspectors are hereby invested with authority
to serve notice, in writing, upon the owner of the property, giving
the owner reasonable time in which to remove the fire hazard. If the
fire hazard is not removed within the time allowed, it shall be deemed
a nuisance, and the Fire Inspector is authorized to 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.
F.
No person shall deny the Fire Inspectors a free access to any property,
excepting only the interior of private dwellings, within the Village
at any reasonable time for the purpose of making fire inspections.
No person shall hinder or obstruct the Fire Inspectors in the performance
of this duty, or refuse to observe any lawful direction given by them.
G.
It will be the Fire Inspectors' responsibility to attend and
complete the training code seminar programs that are presented by
the State Department of Safety and Professional Services.
It is the duty of a firefighter, upon arriving at a fire or
meeting, to report to the Chief or officer in charge and to perform
all orders given to him or her.
A.
The Chief of the Fire Department or the Assistant Chief or officers
in command at any fire are hereby vested with full and complete police
authority at any fire. Any officer or firefighter in charge may cause
the arrest of any person failing to give the right-of-way to any Fire
Department equipment in responding to a fire. This subsection does
not apply to any firefighter's personal vehicle.
B.
The Fire Chief or firefighter in charge may prescribe certain limits
in the vicinity of any fire, within which no person, except firefighters
and police officers and those admitted by order of any officer, shall
enter. The Fire Chief shall have the power to cause the removal of
any property whenever it shall become necessary for the preservation
of such property from fire, to prevent the spreading of fire or to
protect the adjoining property. During the progress of any fire, the
Fire Chief shall have the power to order removal or destruction of
any property necessary to prevent further spread of the fire. The
Fire Chief shall also have the power to cause the removal of all wires
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.
It shall be lawful for any firefighter, while acting under the direction
of the Chief or officer in command, to 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. Any person who shall hinder,
resist or obstruct any firefighter in the discharge of his or her
duty shall be deemed guilty of resisting a firefighter in the discharge
of his or her duty.
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 removing or guarding
property. Such officer shall have the power to cause the arrest of
any person refusing to obey such orders.
No person shall willfully damage in any manner any hose, hydrant
or fire apparatus belonging to the Village, and no vehicle or railroad
equipment shall be driven over any unprotected hose of the Fire Department
when laid down on any street, private driveway, track or other place,
to be used at any fire alarm.