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.
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]
A. 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.
B. Applicability. This section applies to all outdoor burning and refuse
burning within the Village of Belleville. This section does not apply
to:
(1) Grilling or cooking using charcoal, wood, propane or natural gas
in cooking or grilling appliances.
(2) 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.
(3) The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
BONFIRE
An outdoor fire that has a radius of three feet or greater
and/or a flame height of 18 inches or more.
CAMPFIRE
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.
REFUSE
Any waste material except clean wood.
D. 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.
E. 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.
(1) 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.
(2) 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.
(3) Asphalt and products containing asphalt.
(4) 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.
(5) Any plastic material, including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, films and containers.
(6) Rubber, including tires and synthetic rubber-like products.
(7) Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with Chapter
505, Waste Management, of this Code, except as provided in Subsection
I of this section.
F. Open burning of brush and clean wood. Open burning of brush, stumps,
and clean wood is allowed only in accordance with the following provisions:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) Fires set for forest or wildlife habitat management are allowed with
the approval of the Department of Natural Resources.
(6) 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.
(7) Burning in emergency situations such as natural disasters is allowed
if approved by the Department of Natural Resources.
(8) 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.
(9) 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.
(10)
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.
(11)
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.
(12)
No materials may be burned upon any street, curb, gutter or
sidewalk or on the ice of a lake, pond, stream or water body.
(13)
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.
(14)
Existing permanent fire pits and grills that were constructed
prior to this enactment are exempt.
G. Burn barrels. No person shall use or maintain a burn barrel in the
Village of Belleville.
H. 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.
I. Burning permits.
(1) No
person shall start or maintain any open burning without a burning
permit issued by the Village of Belleville Volunteer Fire Department.
(2) An
outdoor campfire does not require a permit, provided that the fire
complies with all other applicable provisions of this section.
(3) 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.
(4) 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.
(5) 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.
(6) Any
fees for permit applications will be determined by the Village Board.
J. 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.
K. 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.
L. 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]
A. 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:
(1) Chapter
SPS 307, Explosives and Fireworks.
(2) Chapter
SPS 310, Flammable, Combustible and Hazardous Liquids.
(3) Chapter
SPS 314, Fire Prevention.
(4) Chapter
SPS 316, Electrical.
(5) Chapter
SPS 318, Elevators, Escalators and Lift Devices.
(6) Chapters
SPS 320 to 325, Uniform Dwelling Code.
(7) Chapter
SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
(8) Chapter
SPS 340, Gas Systems.
(9) Chapter
SPS 341, Boilers and Pressure Vessels.
(10) Chapter
SPS 343, Anhydrous Ammonia.
(11) Chapters
SPS 361 to 366, Commercial Building Code.
(12) Chapters
SPS 375 to 379, Buildings Constructed Prior to 1914.
B. 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.
C. 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. 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:
(1) All
commercial and industrial buildings.
(2) All
buildings which have fire sprinkler systems and/or alarm systems.
(3) 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.
(4) All
multifamily residential dwellings that have restricted access through
locked doors and have common corridors for access to the living units
or mechanical rooms.
(5) 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.
(6) 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.
(7) All
properties having security gates or devices that limit access to the
building or property.
B. Exemptions.
(1) The
following structures and properties are exempt from the rapid entry
key lock box requirement:
(a) All single- and two-family dwellings.
(b) All structures or properties listed in Subsection
A hereof that are in existence and occupied on the effective date of this section, subject to the provisions of Subsection
C(2) hereof.
(c) 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.
(2) The Fire Chief may order that any structure or property causing repeated alarm calls to an unreasonable degree shall have a rapid entry key lock box installed at the owner's expense or be charged with a penalty under §
1-4 of this Code.
C. Installation.
(1) 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.
(2) 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.
D. 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.
E. 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.
F. Contents.
(1) The
rapid entry key lock box shall contain the following:
(a) All the keys for locked points of ingress or egress, whether on the
interior or exterior of such building or property.
(b) The keys to all fire alarm panels.
(c) The keys to elevator rooms and controls.
(d) The keys to all locked electrical or mechanical equipment rooms.
(e) Keys to all fences or secured areas.
(f) Any other keys or information as required by the Fire Department.
(2) 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.
G. 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.
H. Owner's
responsibility. Building and property owners are required to:
(1) Purchase
and install an approved rapid entry key lock box device by contacting
the Fire Department to obtain the necessary authorization forms.
(2) Provide
the proper keys to the Fire Department for the required access.
(3) Notify
the Fire Department when the locks or keys have been changed.
(4) Keep
the immediate area of the rapid entry key lock box free and clear
of any and all obstructions.