[Amended 4-8-1998 by Ord. No. 2930]
A. Wisconsin
Administrative Code. Except as otherwise specifically provided in
this chapter, the following chapters of the Wisconsin Administrative
Code are hereby adopted by reference and made a part of this chapter
as if fully set forth herein. Any act required to be performed or
prohibited by any statute incorporated herein by reference is required
or prohibited by this chapter. Any future amendments, revisions or
modifications of the statutes incorporated herein are considered to
be part of this chapter in order to secure uniform statewide regulation.
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SPS 307
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Explosives and Fireworks
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SPS 310
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Flammable, Combustible and Hazardous Liquids
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SPS 314
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Fire Prevention
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SPS 316
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Electrical
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SPS 328
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Smoke Detectors and Carbon Monoxide Detectors
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SPS 340
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Gas Systems
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SPS 361 to 366
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Commercial Building Code
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B. National
Fire Protection Association. The following codes of the National Fire
Protection Association (NFPA) are adopted by reference:
(1) NFPA
1, Fire Code.
[Added 2-28-2024 by Ord. No. 3783]
(2) NFPA
231D, Standard for Storage of Rubber Tires.
(3) NFPA
501A, Standard for Fire Safety Criteria for Manufactured Home Installations,
Sites, and Communities.
(4) NFPA
704, Standard System for the Identification of the Hazards of Materials
for Emergency Response.
C. Wisconsin
Statutes. The following sections of the Wisconsin Statutes are adopted
by reference:
(1) Section
941.10, Negligent handling of burning materials.
(2) Section
941.12, Interfering with firefighting.
(3) Section
941.13, False alarms.
No person shall give or cause to be given a false fire alarm
with intent to deceive any public official or employee or tamper,
meddle or interfere in any way with any fire alarm system or device
or any part thereof, or make any connection therewith so as to interfere
with the proper working of any such system or with intent to injure,
break or destroy any machinery or fixtures connected with such system.
Any person who by smoking or attempting to light cigars, cigarettes,
pipes or tobacco in a careless or reckless manner, whether willfully
or not, sets fire to any bedding, furniture, curtains, draperies,
house, household fittings or any part of any building whatsoever,
so as to endanger life or property in any way or to any extent, shall
be subject to a penalty as provided in this chapter.
[Amended 6-28-1995 by Ord. No. 2794; 4-25-2007 by Ord. No. 3322]
A. No open flame, candle or other open flame fixture shall be used in any public building or structure, or during any special event, march, or public assembly as defined in Chapter
562 of the Code of the City of Fond du Lac, except within a constituted church or lodge buildings or structures. Unattended open flame candles or other open flame fixtures shall not be used in seated areas of any public assembly rooms or buildings, or during any special event, march, or public assembly as defined in Chapter
562 of the Code of the City of Fond du Lac, except those used for dining (protected flame type only).
[Amended 2-13-2019 by Ord. No. 3684]
B. No open flame candles or open flame fixtures, guarded or not, shall be used for lighting or decorative purposes in any buildings or structures used for public amusement or recreation, or during any special event, march, or public assembly as defined in Chapter
562 of the Code of the City of Fond du Lac.
[Amended 2-13-2019 by Ord. No. 3684]
C. Open burning is prohibited. Outdoor fires within the corporate limits of the City of Fond du Lac are prohibited except as set forth in Subsection
C(1) and
(2) of this section.
(1) Except for one- and two-family dwellings, as defined in Chapter
720, Zoning, no grills or devices used for outdoor fires for cooking are authorized to be used above the first story of any building on a balcony, raised porch or platform, etc.
[Amended 4-24-2014 by Ord. No. 3544]
(2) Recreational fires.
(a)
No recreational fires may be started or allowed to continue
burning unless such recreational fire is fully contained within an
approved fire pit or outdoor fireplace.
[1]
An approved fire pit is any below ground dug pit not greater
than 36 inches inside diameter (inside edge of the pit to inside edge);
lined with noncombustible material, soil, metal or stone; a minimum
of six inches deep; and ringed on the outer diameter with stone, brick
or concrete.
[2]
An outdoor fireplace is any commercially available appliance
designed to contain a wood fire when operated according to manufacturer's
instructions with all lids, screens and spark arresting devices in
place; or permanent fireplace structure built entirely of noncombustible
materials designed with spark arrestors and screens to contain a wood
fire.
(b)
No recreational fire pit shall be closer than 25 feet to any
dwelling, building structure, shed or garage or closer than 10 feet
to any wooden fence, deck or combustible material. Commercially available
outdoor fireplace appliance shall not be within 10 feet of any structure
or combustibles; all recreational fires are to be set back a minimum
of six feet from adjoining property lines.
(c)
No recreational fire shall be started or allowed to continue
burning when the wind direction or wind speed will cause embers or
other burning material to be carried onto any building or combustible
material; nor any time that wind direction will carry smoke into the
open windows of any building. Smoke from any recreational fire shall
not create a nuisance for neighboring properties and fires shall be
completely extinguished when Police or Fond du Lac Fire/Rescue Department
investigation determines a nuisance is present.
[Amended 1-28-2015 by Ord. No. 3570]
(d)
Fuel for outdoor recreational fires shall consist of natural
wood or manufactured fire log material only and may not include leaves,
rubbish, garbage, trash, construction materials, or any materials
made of or coated with rubber or plastic, leather or petroleum-based
materials. Flammable or combustible liquids may not be used to aid
in starting any outdoor fire. Flammable or common/standard dry kindling
materials may be used to aid in starting any outdoor fire. Common/standard
dry kindling material may be used to aid in starting fires.
[Amended 4-24-2014 by Ord. No. 3544]
(e)
Recreational fires shall be constantly attended and supervised
by a competent person at least 18 years of age until the fire has
been completely extinguished. The means for extinguishing any fire
(as deemed necessary by the Fire Chief) must be kept immediately available
at all times when a recreational fire is burning. Proper fire extinguishing
equipment includes: a garden hose, shovels, water buckets or an ABC
rated fire extinguisher at least ten-pound capacity.
(f)
Any party who starts or maintains a recreational fire that is
allowed to burn out of control shall be held responsible for paying
any costs associated with fire control efforts to extinguish the fire.
(g)
Recreational fires shall be permitted as follows:
[Amended 9-11-2013 by Ord. No. 3530]
[1] Sunday through Thursday from 11:00 a.m. to 11:00 p.m.
[2] Friday through Saturday from 11:00 a.m. to 12:00 midnight.
[3] Any day/evening preceding a federal holiday from 11:00 a.m. to 12:00
midnight.
[4] During a validly permitted special event, march, or public assembly under Chapter
562 of the Code of the City of Fond du Lac, as approved by the Fire Chief or designee.
[Added 2-13-2019 by Ord.
No. 3684]
(3) Ceremonial bonfires may be permitted by the Fire Chief upon written receipt of a written request for the fire or pursuant to an approved special event, march, or public assembly under Chapter
562 of the Code of the City of Fond du Lac. Requests for permission not related to a special event, march, or public assembly permit shall contain the date, time and site of proposed fire as well as the name of the requesting group or organization and shall be submitted to the Fire Chief three days prior to the date desired for the holding of the fire. The allowable quantity of material to be burned shall be determined by the Fire Chief and shall be based upon the fire safety considerations of the situation and the desired duration of the burn. Material for bonfires may not include rubbish, garbage, trash, any materials made of or coated with rubber, plastic, leather or petroleum based materials and may not contain any flammable or combustible liquids.
[Amended 2-13-2019 by Ord. No. 3684]
(4) The burning of brush and other natural vegetation, when its removal
is required for the development of that property, may be permitted
with the consent of the Chief. Each request will be reviewed by the
Chief or his designee. If the site and condition are acceptable, a
permit will be issued. A burning permit form available at the Fond
du Lac Fire/Rescue Department will be completed and submitted prior
to burning.
[Amended 1-28-2015 by Ord. No. 3570]
The owner of any chimney or smokestack used in connection with
heating or power boilers or furnaces or for burning waste or refuse
from which there is emitted sparks or burning embers shall provide
on such chimney or smokestack an approved arrestor, screen or other
device that will prevent such emission.
[Added 2-28-2024 by Ord.
No. 3783]
A. The following structures, and associated businesses within the structure,
will be equipped with a key lock box at or near the main entrance
or such location required by the Fire Chief:
(1) Commercial and industrial structures that are protected by an automatic
fire alarm system, automatic fire-suppression system, or secured in
a manner that restricts access during an emergency;
(2) All multifamily residential structures, three units or greater, with
common hallways and/or separate mechanical rooms that have restricted
access through locked doors.
(3) All newly constructed commercial buildings within the City of Fond
du Lac constructed after March 1, 2024.
B. Access box(es) must be installed in an accessible location where
access to or within a structure or area is difficult because of security.
C. All newly constructed commercial buildings shall have the lock box
installed and in compliance prior to the issuance of occupancy permit,
unless the Fire Chief grants a variance to the timeline.
D. A lock box is not required on each building if the owner has a group
of buildings or shares a lock box with another building with the same
owner given that the location of the lock box does not exceed 300
feet travel distance from the front of the building(s).
E. If the size of the building warrants, an additional lock box may
be required by the Fire Chief for efficient access and response inside
the building.
F. The owner of the structure and/or business shall make sure the keys
are operational during each inspection and advise/provide updated
keys to the fire department when any changes to the locks has occurred.
G. Fond du Lac Fire Rescue will be the only holder of the key that opens
the lock box.
H. The lock box shall contain but is not limited to the following keys
that are applicable to the structure:
(1) All exterior and interior points of egress;
(2) All locked mechanical rooms;
(3) All elevator rooms and controls;
(5) All locked automatic fire-suppression systems;
(6) All emergency communication panels;
(7) All locked electrical panels;
(8) All other areas locked and access deemed necessary by the Fire Chief.
I. An exception to the requirements, with written approval from the
Fire Chief, may exist for new or existing buildings that are staffed
24 hours a day, and personnel is always available on-site to meet
the needs and requests of the Fire Department.
J. The location of the lock box shall be approved by the Fire Chief.
(1) The lock box shall be located no lower than five feet and no high
than six feet from ground level.
(2) The lock box shall be located at or near the main entrance, near
the fire sprinkler room or other alternative location that is approved
by the Fire Chief.
K. The lock box shall be installed per the manufacturer guidelines.
L. Maintenance of a lock box is the responsibility of the property owner.
[Added 2-28-2024 by Ord.
No. 3783]
A. Purpose.
(1) The City Council, pursuant to §§ 62.11(5) and 62.133,
Wis. Stats., and other enabling statutes and regulations, enacts this
section for the purpose of ensuring that citizens within the municipal
boundaries are properly served in emergency circumstances through
the City of Fond du Lac's emergency transport, and all non-emergency
transport operators are providing legitimate and transparent services.
(2) The City Council has determined that generally limiting emergency
response services to Fond du Lac Fire Rescue Department and providing
for supplemental emergency response services to be controlled by Fond
du Lac Fire Rescue Department, whose members are certified ALS emergency
responders, will provide for a more orderly health care process and
chain of command at the location of emergency situations that will
best serve the health, safety, and welfare interests of the public.
(3) In addition, the City Council has determined that a requirement for
other ambulance service providers operating with this City of Fond
du Lac to meet certain standards and requirements for service as set
forth within this section will also promote an orderly health care
process as well as clarity and transparency in services which will
best serve the health, safety, and welfare interests of the public.
B. Ambulance service within municipal boundaries.
(1) The City of Fond du Lac will be the sole provider of emergency transports
within the Fond du Lac municipal boundaries.
(a)
Except for the City of Fond du Lac and/or its agents, no person,
either as owner, agent, or otherwise, shall furnish, operate, conduct,
maintain, advertise, or otherwise be engaged in, or profess to be
engaged in, the business or service of the emergency transports of
patients originating within the municipal boundaries of the City of
Fond du Lac.
(b)
Nonemergency transports of patients or persons within the municipal
boundaries of the City of Fond du Lac may occur under the provisions
of Ch. 146 and 256, Wis. Stats., subject to the rules and standards
set forth herein, as well as in the participation agreement.
(2) Exceptions. The following ambulance service operators and private
ambulance service providers may respond to calls within the Fond du
Lac municipal boundaries:
(a)
Ambulances or similar emergency vehicles operated by or under
the direct control of the United States or the State of Wisconsin;
(b)
Aircraft, including "Flight for Life" or similar services, that
transport patients to or from hospitals within the City of Fond du
Lac. Such aircraft must be licensed by the State of Wisconsin to perform
such services;
(c)
Ambulances providing assistance to licensed ambulance service
operators in the case of a mutual aid request by the City of Fond
du Lac, or a major catastrophe or emergency in which the licensed
ambulance service operators of the City of Fond du Lac are unable
to address the extent of the health needs of the catastrophe, emergency,
or extreme system overload.
(3) The following ambulance service operators and private ambulance service
providers may operate within the Fond du Lac municipal boundaries:
(a)
Ambulances transporting patients from locations outside the
municipal boundaries of the City of Fond du Lac into the City of Fond
du Lac;
(b)
Ambulance transports passing through the City of Fond du Lac
which originated from a point outside the City and having a destination
point also outside the City.
C. Private ambulance service providers. Private ambulance service providers,
licensed by the state under the provisions of Ch. 146 and 256, Wis.
Stats., are part of the delivery of ambulance services within the
City of Fond du Lac. The City of Fond du Lac requests that private
ambulance service providers that regularly do business in the City
of Fond du Lac enter into participation agreements with the City of
Fond du Lac and City of Fond du Lac Fire/Rescue, establishing the
basis of the private service providers' operations within the
City of Fond du Lac and reflecting the City's emergency medical
services plan, as filed with the State of Wisconsin.
(1) A private ambulance service provider is authorized to provide nonemergency
services consistent with the terms of the private provider's
state license and any established municipal/private provider agreement,
as reflected in the City of Fond du Lac's emergency medical services
plan. Requirements include:
(a)
All private ambulance service providers be licensed pursuant
to § 256.15(2), Wis. Stats.;
(b)
The private ambulance service follow all requirements of Ch.
256, Wis. Stats.;
(c)
When responding to a call, be staffed by no less than two attendants
licensed as an Emergency Medical Technician-Basic. Every attendant
must hold a valid Wisconsin motor vehicle operator's license.
Every attendant while on duty shall wear a proper identification badge.
(d)
Be equipped with radio, as follows:
[1]
Each ambulance shall be equipped with at least one portable
radio capable of transmitting on the Federal Communications Commission
assigned emergency medical frequency and shall be capable of transmitting
from any patient location within the City of Fond du Lac to all City
of Fond du Lac hospitals.
[2]
Ambulance radio operation shall comply with procedures approved
by the Federal Communications Commission and the City of Fond du Lac
Fire/Rescue.
(e)
Be driven by a person who has demonstrated knowledge of ambulance
driving techniques and of traffic laws relative to ambulance driving.
(f)
The participation agreement will not be executed by the City
unless the applicant shall first file with the City of Fond du Lac
a sufficient policy of insurance issued by an insurance company licensed
to do business in the State of Wisconsin, which shall provide that
the insurance company shall be liable for damages of up to $1,000,000
for any accident due to the negligent operation of one of the service
operator's ambulances. The policy shall be approved by the City's
Risk Manager, and shall contain a provision that the same may not
be canceled before the expiration of its term. If at any time such
policy shall be canceled or not in effect for any reason, the ambulance
service operator's license shall be immediately suspended.