Village of Bellevue, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bellevue Board 4-15-1998 as §§ 5.01 to 5.08 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
 Emergency management— See Ch. 36.
 Alarm devices— See Ch. 162.
Fires and fire prevention — See Ch. 237.
A. 
The employees of the Fire Department are hereby officially recognized as the Fire Department of the Village and the duties of firefighting, rescue, emergency medical, natural disaster emergency services, responding to nonemergency requests for services, such as carbon monoxide and services calls, and ancillary incident management, such as haz mat, special operations, and all National Incident Management (NIMS) coordination, as well as the prevention of fires and administrative duties, such as inspection and code enforcement in the Village are delegated to such Department. Its organization and internal regulation shall be governed by the provisions of this chapter and by such regulations proposed by the Fire Chief as are approved by the Village Board and Fire Commission (where applicable), except as is otherwise provided by law and ordinance.
[Amended 10-10-2007]
B. 
The Fire Chief is hereby authorized and directed to adopt regulations within the chief statutory powers granted by the state or as directed and approved by the Village of Bellevue Board of Trustees for the control, management, and the regulation of business and proceedings of the Department, which regulations shall not become effective and operative until presented to and approved by the Village Board. Amendments shall be adopted in the same manner.
[Amended 10-10-2007]
C. 
The Chief or designee shall have full authority to intercede in emergency situations performing such actions consistent with the National Incident Management System (NIMS) and the Village of Bellevue NIMS Emergency Operations Plan. He/she along with Bellevue's Emergency Management Coordinator (Village Administrator) shall have the authority to expend funds, use Village resources and equipment, implement action plans using Village and/or contractor staff, and otherwise make decisions necessary to protect human health, environment and property from any emergency (haz mat, fire, natural disaster or other situations as may present themselves).
[Amended 3-11-2009; 1-25-2012[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The Village Board shall appropriate funds to provide for operation and for such apparatus and equipment for the use of the Fire Department as it may deem expedient and necessary to maintain efficiency and properly protect life and property from fire.
[Amended 10-10-2007; 3-11-2009; 2-23-2011; 1-25-2012[1]]
A. 
The Fire Chief shall appoint the officers and personnel of the Fire Department subject to approval by the Fire Commission.
B. 
Organization.
(1) 
The Department shall organize into two or more companies as is necessary to provide adequate protection to all territory within the Village. The Chief may at any time make transfers which he deems necessary between companies.
(2) 
Each of the companies of the Department shall be in the charge of a station captain or lieutenant who shall be responsible to the Chief and his or her assistant and deputy.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 10-10-2007; 2-23-2011]
A. 
The Chief shall have general supervision of the Fire Department, subject to this chapter and the regulations and policies of the Department, and shall be responsible for the personnel and general efficiency of the Department. The Chief shall report to the Village Board for general policy functions and matters otherwise subject to direct Village Board authority over appointed officials and all operational activities of the Fire Chief and Fire Department. Regarding day-to-day administrative functions, such as fiscal, purchasing, employee compensation and benefits, and use of Village administrative services and staff, the Chief shall report to the Village Administrator. The Village Administrator shall mediate and resolve disputes between the Fire Department and other Village departments. The Administrator may not act as a designated Fire Chief under the duties designated to such appointed official under state statutes and shall have no authority over operational activities. The Village Administrator and Village President shall conduct an annual performance evaluation of the Chief related to the Village Administrator's portion of oversight and provide a completed copy to the Village Board. The Fire Commission shall have disciplinary oversight of the Chief and all officers and firefighters per Wisconsin Statutes.
[Amended 1-25-2012]
B. 
The Chief shall be present at all fires, if possible, have complete command of and entire responsibility for all firefighting and emergency operations, plan the control of the same, direct the action of the companies when they arrive at a fire or emergency, observe that every company does its duty, grant leaves of absence at a fire or emergency when he or she may deem it proper and see that the fire apparatus is kept in proper condition at all times. The Chief may delegate duty to Assistant Chief, Division Chief and other officers as well as have the authority to utilize staff of other Fire Departments in mutual aid or when operating under the National Incident Management System (NIMS) and the Mutual Aid Box Alarm System (MABAS).
C. 
The Chief shall have the power to suspend or to recommend demotion or expulsion of any officer or employee of the Department for neglect or refusal to perform his departmental duties.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Not later than September 1 of each year, the Chief shall file with the Village Administrator a detailed estimate of the appropriations needed for the conduct of the Department during the ensuing fiscal year. Such budget shall be approved by the Village Board of Trustees per state statutes.
E. 
The Chief shall submit a written report to the Village Board each year relating to the conditions of the various pieces of apparatus and appurtenances, the number of fires occurring since the previous report, the date of same and loss occasioned thereby, the number of employees of each company, the total number of active employees in the Department and resignations and expulsions from the Department. He/she shall also report upon the drill and training program of the Department, together with other pertinent information, including recommendations of such improvements as he deems proper and necessary for the operation of the Department.
F. 
He/she shall enforce all fire prevention ordinances of the Village, as well as state and federal laws per statute and regulations pertaining to fire prevention, and shall keep citizens informed on fire prevention methods and on the activities of the Department.
G. 
He/she shall keep a record of every fire or other emergency to which any company was called and shall enter in such the locality of fire or emergency, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, method of extinguishment and equipment used, amount of insurance carried on building and contents, estimated fire loss, time fire was extinguished, names of staff responding and general remarks.
H. 
He/she 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 identified.
I. 
He/she shall perform such other duties as are incumbent on the commanding officer of the Fire Department in compliance with federal, state and local directives, including presidential and state directives associated with the compliance with the National Incident Management System (NIMS).
[Amended 10-10-2007]
A. 
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.
B. 
No apparatus shall be used for any purpose except for firefighting and response to emergencies within the Village limits or for mutual aid as prescribed within mutual aid agreements, or in training therefor, except pursuant to an agreement approved by the Village Board except when the Chief has given his recommendations on such use. With the approval of the Chief, such apparatus may be used for emergency purposes other than firefighting within the Village and may be used for special nonemergency events such as parades and public fire prevention education and public relations.
C. 
No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Village, and no vehicle shall be driven over any unprotected hose of a 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. Such actions of any individual shall subject them to a violation of this chapter and subject such individuals to a municipal citation per the Municipal Bond Schedule and complete restitution associated with repair or replacement of such damaged or destroyed equipment. Nothing in this section, however, shall preclude the Chief from seeking criminal charges as available under Wisconsin law for such violations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 10-10-2007]
A. 
The Chief and assistants or officers in command at any fire shall have full and complete police authority at fires or other emergencies. 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 Chief shall also have such authority in times of declared emergencies within the municipality, and for enforcement of fire prevention ordinances as described herein and Wisconsin Administrative Code and state statute.
B. 
The Fire Chief may prescribe certain limits in the vicinity of any fire, hazardous materials, natural disaster, or rescue scene within which no persons, excepting firefighters, designated responders and law enforcement officers 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 becomes necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect adjoining property, and during the progress of any fire or other emergency situation he/she shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire or to secure the safety of any scene, such as removing collapsed dwellings. He/she shall also 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 or other emergency.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Any firefighter, while acting under the direction of the Fire Chief or other officer in command, may enter upon premises adjacent to or in the vicinity of any building or other property on fire for the purpose of extinguishing such fire or to cause rescue, and if any person shall hinder, resist or obstruct any firefighter in the discharge of his duty as herein provided, the person so offending shall be deemed guilty of resisting a firefighter in the discharge of his duties.
D. 
Every person present at a fire or emergency 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 may cause the arrest of any person refusing to obey such orders.
[Amended 2-14-2001; 10-10-2007; 2-23-2011]
A. 
Definitions. For purposes of this section, the term "emergency call" is defined as the Village of Bellevue Fire Department responding with Department personnel and apparatus to a reported or suspected fire, vehicle accident, hazardous material incident, or other similar emergency situation.
B. 
Schedule of fees. Within 60 days following the adoption of this section, the Fire Chief shall establish a schedule of fees which reflect the Fire Department's operating and maintenance costs for response by its personnel and apparatus to emergency calls. Said schedule of fees shall be subject to review and approval by the Village Board, which shall adopt the same by resolution, and which may be amended from time to time in the same manner.
C. 
Applicability. In accordance with the schedule of fees established under Subsection B above, the Village may charge a property owner, company, or responsible individual for the Fire Department's cost to respond to an emergency call under any of the following circumstances:[1]
(1) 
In the event that the emergency call is for an incident occurring on a state trunk highway or any highway that is part of the national system of interstate highways maintained by the State Department of Transportation.
(2) 
In the event that the Fire Chief determines that the emergency call was caused by the intentional or negligent act of any person or company. Such intentional or negligent acts may include, but are not limited to, fire setting, causing a false alarm, and failure to comply with burning regulations.
(3) 
For certain special rescue situations and hazardous material responses where the Chief determines that sufficient Village supplies and materials and/or manpower requires the recovery from the responsible party. All invoices for hazardous materials response will go through the local emergency planning committee (LEPC) per state guidelines.
(4) 
For auto accidents and rescue extrications where rescue assistance is supplied. This may include ambulance services, transport, and associated costs such as medications and mileage.
(5) 
For disposal of sorbent and hazardous materials residues.
(6) 
For production of records and other administrative costs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 1-26-2006; amended 10-10-2007; 2-23-2011]
A. 
Intent. An annual fire prevention inspection fee shall be charged to the business owner for required inspections and any reinspections under the current Wisconsin Statutes and administrative codes and regulations. Typically, inspections are required at least annually, and for most occupancies (inspectable units) twice annually under Wisconsin Statutes, codes and local ordinances. Additional inspections for compliance with federal rules such as special storage provisions under the Bureau of Alcohol, Tobacco, Firearms and Explosives rules may also constitute additional inspections.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Definition. An "inspection," as defined in this section, is considered mandatory for each business on a property which requires an inspection under state statutes, administrative code, or regulations. Individual buildings that have multiple businesses will require multiple inspection. Each business is considered an inspectable unit under State of Wisconsin administrative codes.
C. 
Applicability. Fees for required fire inspections and any necessary reinspections shall be annually charged to the property owner on its individual property tax statements. For those nonprofit taxable entities, or for those requiring inspections under state law that do not receive a tax bill, the costs of such inspections shall be charged via standard invoicing from the Village of Bellevue Clerk-Treasurer.
(1) 
All fees shall be entered on the annual tax roll as a special charge against said lot or parcel of land pursuant to the inspectable units.
(2) 
The Village shall only bill the building owner(s) or property owner as indicated by the tax roll.
(3) 
It is the building owner's sole legal and financial responsibility to pay said fees.
(4) 
For nonprofits or those without tax bills, inspections will be invoiced.
D. 
Schedule of fees. Refer to the Village of Bellevue Fee Schedule for associated fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Reinspections. Any person who shall fail or neglect to comply with any lawful order of the Fire Chief or deputies issued pursuant to annual fire inspections may be assessed a reinspection fee as noted on the fee schedule per reinspection (each time a reinspection is required) until compliance with the order is obtained. In no way does this subsection relieve or replace any other action for failure to comply that is located anywhere else in the Village of Bellevue ordinances, State of Wisconsin statutes, or other applicable administrative codes.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Exemptions. All buildings owned by the United States, the State of Wisconsin, and the Village of Bellevue shall be exempt from this section as is associated with fees. All buildings, regardless of ownership, require inspection per federal and state laws, statutes, administrative codes and regulations.
G. 
Other fees. Separate from annual required inspections described above, the Fire Prevention Bureau is obligated under state rules to inspect initial sprinkler tests, hydraulic flow tests and other fire protection system tests. Fees for this service shall be at the discretion of the inspector.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).