[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.
|
SPS 307
|
Explosives and Fireworks
|
|
SPS 310
|
Flammable, Combustible and Hazardous Liquids
|
|
SPS 314
|
Fire Prevention
|
|
SPS 316
|
Electrical
|
|
SPS 328
|
Smoke Detectors and Carbon Monoxide Detectors
|
|
SPS 340
|
Gas Systems
|
|
SPS 361 to 366
|
Commercial Building Code
|
B. National
Fire Protection Association. The following codes of the National Fire
Protection Association (NFPA) are adopted by reference:
(1) NFPA
231D, Standard for Storage of Rubber Tires.
(2) NFPA
501A, Standard for Fire Safety Criteria for Manufactured Home Installations,
Sites, and Communities.
(3) 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.
[Amended 4-24-2014 by Ord. No. 3544]
A. Any person violating any provision of this chapter shall, upon conviction of such violation, be subject to a penalty as provided in §
1-4 of this Code.
B. Any accidental or unintentional activation of any fire alarm system,
be it mechanical, electronic, human or by any other method, which
has summoned the Fond du Lac Fire/Rescue Department three or more
times in a calendar year shall result in a fee being charged to the
owner of such equipment as set by resolution of the City Council.
The Chief may grant a grace period for up to 90 days regarding such
charges following the initial installation or renovation of a mechanical
or electronic fire alarm system.
[Amended 1-28-2015 by Ord. No. 3570]