[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No.
423. Amendments noted where applicable.]
The Department shall be known as the "City of Nekoosa Volunteer
Fire Department" and shall consist of the Fire Chief, an Assistant
Fire Chief, and one Captain and one Lieutenant for each company, and
such subordinates as may be authorized by the Council.
The Department shall be governed by the bylaws of the Department,
City ordinances and resolutions, and the Wisconsin Statutes. Bylaws
adopted by the Department membership shall not be operative until
approved by the Council.
The Fire Chief shall have the power to suspend, demote, expel
or otherwise discipline members of the Department, subject to appeal
to the Council.
The Fire Chief shall file with the City Clerk, by October 1
of each year, a detailed estimate of the appropriations needed for
the conduct of the Department during the ensuing fiscal year.
(1)
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 shall be responsible
for the safety of the members of the Department. He shall also obey
all lawful written orders of the Mayor and the Council.
(2)
Presiding officer. The Chief or, in his absence, the highest ranking
officer shall preside at all meetings of the Department, call special
meetings, preserve order, decide all points of order that may arise,
and enforce the provisions of this chapter and the bylaws.
(3)
Command of fire-fighting operations. The Chief shall be present at
all fires, if possible, and have complete command and entire responsibility
for all fire-fighting operations, plan the control of the same, direct
the action of the companies when they arrive at a fire, observe that
every company does its duty, grant leaves of absence at a fire when
he may deem it proper, and see that the fire apparatus is kept in
proper condition at all times.
(4)
Reports to the Council. The Chief shall submit a written report to
the Council not later than October 1 of each year, and at such times
as he deems desirable, relating to the condition of various pieces
of apparatus and appurtenances, budget recommendations for the coming
year, the number of fires occurring since the previous report and
the date of the same and the loss occasioned thereby, the total number
of active members in the Department, and resignations and expulsions
from the Department. He shall also report upon the drill and training
program of the Department, together with other pertinent information,
including recommendations for such improvements as he deems proper
and necessary for the operation of the Department.
(5)
Enforcement of fire-prevention ordinances. He shall enforce all fire-prevention
ordinances of the City and the state laws and regulations pertaining
to fire prevention and shall keep citizens informed on fire-prevention
methods and on the activities of the Department.
(6)
Fire record book. He shall keep a fire record book of every fire
to which the Department was called and shall enter in such book the
location of the fire, the time the alarm was received, the cause of
the fire, where the fire started, the cause of delay, if any, in responding,
estimated fire loss, the time the fire was extinguished, the names
of the members responding and general remarks.
(7)
Apparatus inventory. He 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.
(8)
Duties as commanding officer. He shall perform such other duties
as are usually incumbent on the commanding officers of fire departments.
(1)
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 or, in his absence, the highest ranking
officer.
(2)
No apparatus shall be used for any purpose except for firefighting
that is within the City limits, or in training therefor, except pursuant
to contracts and mutual aid agreements approved by the Council. With
the approval of the Chief, such apparatus may be used for emergency
purposes within the City. The Chief may authorize the use of apparatus
for legitimate civic purposes.
(1)
Police authority at fires. The Chief and his assistants or officers
in command at any fire are hereby vested with full and complete police
authority. 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.
(2)
Control of fires. The Fire Chief may prescribe certain limits in
the vicinity of any fire within which no persons except firemen and
policemen and those admitted by order of any officer of the Department
shall be permitted to enter. 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 may order the removal or destruction of any property necessary
to prevent the further spread of the fire. He 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.
(3)
Entering premises. Any fireman, 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 fireman in the discharge
of his duty, as is hereinbefore provided, the person so offending
shall be deemed guilty of resisting firemen in the discharge of their
duties.
(4)
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 removing
or guarding property. Such officer may cause the arrest of any person
refusing to obey said orders.
(5)
Injury to equipment prohibited. No person shall willfully injure
in any manner any hose, hydrant or fire apparatus belonging to the
City, 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 or alarm
of fire, without the consent of the Fire Department official in command.
(1)
Fire Chief to be Fire Inspector. The Fire Chief shall hold 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.
(2)
Inspection duties. Fire Inspectors shall inspect, semiannually, all
buildings, premises and public thoroughfares, except the interior
of private dwellings, within the City 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 all
explosives and inflammable liquids within the City.[1]
(3)
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 Safety and Professional Services and shall
make a semiannual report of inspections required by said Department.
(4)
Correction of fire hazards.
[Amended by Ord. No. 527]
(a)
When any inspection by the Fire Chief or his Deputies reveals any conditions liable to cause fire, or any violations of any law relating to fire hazards, the prevention of fires, or life safety, the Chief or his Deputies may serve an order in writing upon the owner of the property, occupant of the property, or other persons responsible for the conditions, violations or life safety issues, giving said owner, occupant, or other person responsible a reasonable time in which to remove or remedy the dangerous condition or hazard by such manners as may be specified in said order. If the fire hazard is not removed or remedied within the time allowed, it shall be deemed a nuisance, and the Fire Chief or his Deputy may have the same removed or remedied by the City, and the cost of such removal or remedy shall be recovered in an action by the City against the owner of the property and may also be entered on the tax roll as a special charge against the property. In addition to service of such order for removal or remedy, the Fire Chief or his Deputies may issue citations pursuant to § 9.20 of this Code.
(b)
The service of such orders and citations may be made upon the owner,
occupant, or other person responsible for the conditions, either by
delivering a copy 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 the said premises. Whenever it
may be necessary to serve such an order, citation, or both, upon the
owner of the premises, such order, citation, or both, may be served
either by delivering to and leaving with the said person a copy of
the said order, citation, or both, or, if such owner is absent from
the jurisdiction of the officer making the order, citation, or both,
by mailing such copy to the owner's last known post office address.
(c)
If buildings or other premises are owned by one person and occupied
by another, under lease or otherwise, the orders issued in connection
with the enforcing of this Code shall apply to the occupant thereof,
except where the rules or orders require the making of such additions
to or changes in the premises themselves, such as would immediately
become real estate and be the property of the owner of the premises;
in such cases, the rules or orders shall affect the owner and not
the occupant unless it is otherwise agreed between the owner and the
occupant.
(5)
Entering on premises. No person shall deny the Fire Inspector or
his Deputies free access to any property within the City 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 duty or refuse
to observe any lawful direction given by him.
No person shall permit any wastepaper, empty boxes, excelsior
or other similar inflammable materials to collect or remain upon the
premises owned or occupied by said person, on the outside of any building
or placed in any public street or alley, unless the same shall be
contained within a covered fireproof container.
All gasoline stations, bulk gasoline storage facilities, and
any facility for storing benzene, naphtha or any other volatile liquid
shall be constructed and maintained in conformity with the regulations
prescribed by the state statutes and the rules and regulations of
the State Department of Safety and Professional Services.
No person shall keep or store more than 10 pounds of gunpowder
at any place within the City without the written permission of the
Fire Chief. Any dealer permitted to keep at his place of business
in excess of 10 pounds of gunpowder shall not keep more than 200 pounds
at any one time, and such gunpowder shall be kept in a safely constructed
box, painted yellow, with the word "powder" printed or painted thereon
in black letters not less than five inches in height, and equipped
with handles so that the same may be readily moved in case of fire,
and such box shall be kept in such part of the dealer's place
of business as may be directed by the Fire Chief.
No person shall keep or store within the City any nitroglycerine,
dynamite, giant powder or other explosives more violent than gunpowder
without the written permission of the Fire Chief or otherwise than
in accordance with the conditions prescribed in such permission as
granted, and in no case shall more than 50 pounds of any such explosive
be stored or kept within 300 feet of any dwelling or other occupied
building. The Fire Chief may direct the placement and the manner of
keeping the same and the precautions to be observed in connection
therewith.
The officers and members of the Fire Department, with their
fire equipment of every kind, when going to or on duty at a fire,
shall have the right-of-way over all other vehicles upon City streets,
and the operator of any other vehicle, whether motor or otherwise,
upon the approach of such fire apparatus, shall immediately drive
such other vehicle as far as possible to the right of the thoroughfare
and shall keep such vehicle stationary until such fire apparatus shall
have passed. Except when actually responding to a fire alarm or other
emergency call, or when on duty at a fire, the apparatus and vehicles
of the Fire Department shall, however, have no special right-of-way
or other privileges of any kind, but shall be subject to all traffic
regulations applicable to other vehicles.
All volunteer firemen, when responding to a fire call with a
private vehicle, shall comply with all traffic regulations.
(1)
Social club. Members of the Department may organize a social club,
provided that social activities are not funded from City funds or
any reimbursement for firefighting.
(2)
Fund-raising. The social club may raise funds for social activities,
provided that any advertising clearly states the purpose the funds
are being raised for.
[Amended by Ord. No. 527[1]]
Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall fail to comply with such an order as affirmed or modified by the Chief of the Fire Department or the Council or by a court of competent jurisdiction, within the time fixed therein, shall be subject to a penalty as provided in § 25.04 of this Code. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions, as provided in § 5.09(4) of this Code.
