[HISTORY: Adopted by the Village Board of the Village of Belleville as Secs. 5-2-2 to 5-2-9 and 5-3-1 of the 1994 Code. Amendments noted where applicable.]
Fire protection and emergency medical services — See Ch. 74.
Alarm systems — See Ch. 183.
Blasting and rock crushing — See Ch. 209.
Building construction — See Ch. 218.
Fireworks — See Ch. 276.
Hazardous materials — See Ch. 297.
Nuisances — See Ch. 372.
Property maintenance — See Ch. 403.
No person shall impede the progress of a fire engine, fire truck or other fire apparatus of the Fire Department along the streets or alleys of such Village at the time of a fire or when the Fire Department of the Village is using such streets or alleys in response to a fire alarm or for practice.
Police authority at fires.
The Chief and assistants or officers in command at any fire are hereby vested with 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.
The Fire Chief may prescribe certain limits in the vicinity of any fire within which no persons, excepting firemen and policemen and those admitted by order of any officer of the Department, shall be permitted to come.
The 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 or to prevent the spreading of fire or to protect the adjoining property, and during the progress of any fire he shall have the power to 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.
Fire inspection duties.
The Fire Chief, or his designee, shall be the Fire Inspector of the Village of Belleville and shall have the power to appoint one or more Deputy Fire Inspectors and shall perform all duties required of fire inspectors by the laws of the state and rules of the Department of Safety and Professional Services, particularly § 101.14, Wis. Stats.
While acting as Fire Inspector pursuant to § 101.14(2), Wis. Stats., the Fire Chief, or any officer of the Fire Department designated by the Fire Chief, shall have the right and authority to enter any building or upon any premises in the Village of Belleville at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this Code, he may deem necessary. Should the Fire Inspector find that any provisions of this Code relating to fire hazards and prevention of fires are being violated, or that a fire hazard exists which should be eliminated, it shall be his or her duty to give such directions for the abatement of such conditions as he or she shall deem necessary and, if such directions are not complied with, to report such noncompliance to the Village Board for further action.
The Chief of the Fire Department is required, by himself or herself or by officers or members of the Fire Department designated by him or her as Fire Inspectors, to inspect all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of any law or ordinance relating to the fire hazard or to the prevention of fires. Such inspection shall be made at least once in six months in all of the territory served by the Fire Department, and not less than once in three months in such territory as the Village Board has designated or hereafter designates as within the Village or as a congested district subject to conflagration, and more often as the Chief of the Fire Department orders. Each six-month period shall begin on January 1 and July 1 and each three-month period on January 1, April 1, July 1 and October 1 of each year.
Written reports of inspections shall be made and kept on file in the office of the Chief of the Fire Department in the manner and form required by the Department of Safety and Professional Services. A copy of such reports shall be filed with the Fire Chief.
Driving over fire hose. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Fire Department, and no vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private driveway or other place, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.
Parking vehicles near hydrants. It shall be unlawful for any person to park any vehicle or leave any object within 10 feet of any fire hydrant at any time.
No parking near fire. It shall be unlawful for any person, in case of fire, to drive or park any vehicle within one block from the place of fire without the consent and authority of the Fire Chief or any police officer.
Entering adjacent property. It shall be lawful for any fireman while acting under the direction of the Fire Chief or any other officer in command to enter upon the premises adjacent to or in the vicinity of a building or other property then on fire for the purpose of extinguishing such fire, and in case any person shall hinder, resist or obstruct any fireman in the discharge of his or her duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firemen in the discharge of their duty.
Destruction of property to prevent the spread of fire. During the progress of any fire, the Fire Chief or his or her assistant shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire, provided that it is inevitable that, unless such property is removed, other property is in danger of being destroyed by fire.
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 shall have the power to cause the arrest of any person or persons refusing to obey said orders.
Whenever there shall be a fire or fire alarm or the Fire Department shall be out for practice, every person driving or riding in a motorized or other vehicle shall move and remain to the side of the street until the fire engine and fire truck and other fire apparatus shall have passed.
No person shall occupy any portion of such streets or alleys with a motorized or other vehicle between such fire engine or fire truck or other fire apparatus and any hydrant to which a fire hose may be, or may be about to be, attached.
[Amended 1-4-2010 by Ord. No. 2010-01-01; 4-16-2012 by Ord. No. 2012-02-03]
Purpose. This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Village of Belleville, Dane and Green Counties, Wisconsin, due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.
Applicability. This section applies to all outdoor burning and refuse burning within the Village of Belleville. This section does not apply to:
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in Subsection C of this section.
The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- An outdoor fire that has a radius of three feet or greater and/or a flame height of 18 inches or more.
- A small outdoor fire that has a radius of less than three feet and a flame height of less than 18 inches that is intended for recreation or cooking, not including a fire intended for disposal of waste wood or refuse.
- CLEAN WOOD
- Natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
- FIRE CHIEF
- The Chief of the Village of Belleville Volunteer Fire Department or other person authorized by the Fire Chief
- OPEN BURNING
- Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney from an enclosed chimney.
- OUTDOOR BURNING
- Open burning in an outdoor environment.
- Any waste material except clean wood.
General prohibition on open burning, outdoor burning and refuse burning. Open burning, outdoor burning and refuse burning are prohibited in the Village of Belleville unless the burning is specifically permitted by this section.
Materials that may not be burned. Unless a specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device. The Village of Belleville will not issue a permit for burning any of the following materials without air pollution control devices and a written copy of an approval by the Department of Natural Resources.
Rubbish or garbage, including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
Waste oil or other oily wastes, except used oil burned in a heating device for energy recovery subject to the restrictions in Ch. NR 679, Wis. Adm. Code.
Asphalt and products containing asphalt.
Treated or painted wood, including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, films and containers.
Rubber, including tires and synthetic rubber-like products.
Open burning of brush and clean wood. Open burning of brush, stumps, and clean wood is allowed only in accordance with the following provisions:
All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban applicable to the area.
Open burning shall be conducted only on the property on which the materials were generated or at a facility approved by and in accordance with provisions established by the Department of Natural Resources and the Fire Chief.
Unless explicitly allowed elsewhere in this section, a commercial enterprise other than an agricultural or silvicultural operation may open burn only at a facility approved by and in accordance with provisions established by the Department of Natural Resources and the Fire Chief.
Fires set for forest or wildlife habitat management are allowed with the approval of the Department of Natural Resources.
Outdoor campfires for cooking, ceremonies or recreation are allowed, provided that the fire is confined by a control device or structure such as a fire ring or fire pit. Bonfires are allowed only if approved by and in accordance with provisions established by the Fire Chief.
Burning in emergency situations such as natural disasters is allowed if approved by the Department of Natural Resources.
Open burning under this section shall be conducted only following issuance of and in accordance with a permit issued under Subsection I of this section.
Except for campfires, open burning under this section shall only be conducted at a location at least 250 feet from the nearest building that is not on the same property.
Except for campfires and permitted bonfires, open burning shall only be conducted from the hours of 6:00 a.m. to 9:00 a.m. and 6:00 p.m. to 9:00 p.m.
Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire.
No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or water body.
Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 10 feet of any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
Existing permanent fire pits and grills that were constructed prior to this enactment are exempt.
Burn barrels. No person shall use or maintain a burn barrel in the Village of Belleville.
Fire Department practice burns. Notwithstanding Subsections D and E of this section, the Village of Belleville Volunteer Fire Department may burn a standing building if necessary for fire-fighting practice and if the practice burn complies with the requirements of the Department of Natural Resources.
No person shall start or maintain any open burning without a burning permit issued by the Village of Belleville Volunteer Fire Department.
An outdoor campfire does not require a permit, provided that the fire complies with all other applicable provisions of this section.
When weather conditions warrant, the Fire Chief or the Department of Natural Resources may declare a burning moratorium on all open burning and temporarily suspend previously issued burning permits for open burning.
A burning permit issued under this section shall require compliance with all applicable provisions of this section and any additional special restrictions deemed necessary to protect public health and safety.
Any violation of the conditions of a burning permit shall be deemed a violation of this section. Any violation of this section or the burning permit shall void the permit.
Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
Right of entry and inspection. The Fire Chief or any authorized agent, officer, employee or representative of the Village of Belleville Volunteer Fire Department or the Village of Belleville who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with § 66.0119, Wis. Stats.
Enforcement and penalties. The Fire Chief and Belleville Police Department are authorized to enforce the provisions of this section. Any person who shall interfere with the enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a penalty as provided in § 1-4 of this Code.
[Amended by Ord. No. 1996-08-02; Ord. No. 2004-06-01]
The following orders, rules and regulations of the Department of Safety and Professional Services, all of which are set forth in the Wisconsin Administrative Code as from time to time amended, are incorporated herein by reference and adopted as part of this chapter:
Chapter SPS 307, Explosives and Fireworks.
Chapter SPS 310, Flammable, Combustible and Hazardous Liquids.
Chapter SPS 314, Fire Prevention.
Chapter SPS 316, Electrical.
Chapter SPS 318, Elevators, Escalators and Lift Devices.
Chapters SPS 320 to 325, Uniform Dwelling Code.
Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
Chapter SPS 340, Gas Systems.
Chapter SPS 341, Boilers and Pressure Vessels.
Chapter SPS 343, Anhydrous Ammonia.
Chapters SPS 361 to 366, Commercial Building Code.
Chapters SPS 375 to 379, Buildings Constructed Prior to 1914.
Chapter PSC 114, Wisconsin State Electrical Code, Volume 1, as from time to time amended, is incorporated herein by reference and adopted as part of this chapter.
The Fire Code (NFPA 1) and Life Safety Code (NFPA 101) of the National Fire Protection Association, as from time to time amended, are incorporated herein by reference and adopted as part of this chapter.
[Added 3-5-2012 by Ord. No. 2012-02-02]
A rapid entry key lock box is defined as a lock box obtained from the Knox Company. The following structures or properties located within the Village of Belleville shall be equipped with a rapid entry key lock box at an accessible location near the main entrance of the structure or property or at such other location approved by the Fire Chief:
All commercial and industrial buildings.
All buildings which have fire sprinkler systems and/or alarm systems.
All public and institutional buildings. "Institutional" means of or relating to a governmental or public agency or entity or civic or fraternal institution or foundation that is widely sanctioned, such as the Lions Club, Knights of Columbus, or Veterans of Foreign Wars, or similar entity providing a service that fulfills a fundamental human or social need or activity, such as a school, library, church, hospital, funeral home or cemetery.
All multifamily residential dwellings that have restricted access through locked doors and have common corridors for access to the living units or mechanical rooms.
Any building where the Fire Chief determines that lack of access may result in loss of life or extensive property or environmental damage in the event of a fire, based on factors including, but not limited to, fire load, occupant load, exposures, building construction, age of building, and storage or use of hazardous materials.
Condominium complexes, where the Fire Chief determines that lack of access may result in loss of life or extensive property damage, based on factors including, but not limited to, occupant load and building construction.
All properties having security gates or devices that limit access to the building or property.
The following structures and properties are exempt from the rapid entry key lock box requirement:
All single- and two-family dwellings.
Any structure or property where the Fire Chief determines, on a case-by-case basis, that a rapid entry key lock box is not necessary, provided that the owner and tenant, if any, of the structure or property executes and delivers to the Fire Department a waiver of liability (on a form to be provided by the Fire Department) for any damage caused by the Fire Department upon entering the structure or property during an emergency.
All newly constructed structures subject to this section shall have the rapid entry key lock box installed and operational prior to the issuance of a certificate of occupancy.
Any structure or property exempt pursuant to Subsection B(1)(b) hereof that is subsequently structurally altered or modified in any way, or that is sold or leased to a new tenant, shall have a rapid entry key lock box installed and operational prior to issuance of a certificate of compliance or occupancy for the property or prior to the closing of the sale or commencement of the lease for the structure or property if no certificate of compliance or occupancy is issued for the structure or property.
Type of rapid entry key lock box. The Fire Chief shall designate the type of rapid entry key lock box system to be implemented within the Village and shall have the authority to require all structures or properties listed in Subsection A hereof to use the designated system.
Rules and regulations. The Fire Chief shall be authorized to promulgate rules and regulation for the use of the rapid entry key lock box system.
The rapid entry key lock box shall contain the following:
All the keys for locked points of ingress or egress, whether on the interior or exterior of such building or property.
The keys to all fire alarm panels.
The keys to elevator rooms and controls.
The keys to all locked electrical or mechanical equipment rooms.
Keys to all fences or secured areas.
Any other keys or information as required by the Fire Department.
All keys will be labeled with correct locations. A floor plan of the rooms within the building may be required at the discretion of the Fire Chief.
Security padlocks. When a property is protected by a locked fence or access gate and where immediate access to the property is necessary for lifesaving or fire-fighting purposes, the Fire Chief may require a security padlock to be installed at a location approved by the Fire Chief. The padlock shall be of the type approved by the Fire Chief and keyed to the Fire Department access key.
Owner's responsibility. Building and property owners are required to:
Purchase and install an approved rapid entry key lock box device by contacting the Fire Department to obtain the necessary authorization forms.
Provide the proper keys to the Fire Department for the required access.
Notify the Fire Department when the locks or keys have been changed.
Keep the immediate area of the rapid entry key lock box free and clear of any and all obstructions.