[HISTORY: Adopted by the Town Board of the Town of Herman
at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Amendments noted where applicable.]
A.
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of a Fire Department along the streets or
alleys of the Town of Herman at the time of a fire or when a Fire
Department is using such streets or alleys in response to a fire alarm
or for practice.
B.
No person shall obstruct the operations of a Fire Department in connection
with extinguishing any fire or actions relative to other emergencies
or disobey any lawful command of the fire official in charge of the
emergency or any lawful order of a police officer assisting the Fire
Department.
A.
Police authority at fires.
(1)
The Fire Chief and his/her assistants or officers of a Fire Department
in command at any fire in the Town of Herman are hereby vested with
full and complete police authority at fires. Any officer of a Fire
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)
The Fire Chief may prescribe certain limits in the vicinity of any
fire within which no persons, excepting firefighters and law enforcement
officers and those admitted by order of any officer of the Fire Department,
shall be permitted to come. The fire official in charge of an emergency
scene shall have the authority to establish fire line barriers to
control access in the vicinity of such emergency and to secure any
street or alley. No unauthorized person may cross such fire line barriers.
(3)
The Fire Chief shall have the power to 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/she shall 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 Fire Department during the progress of a fire.
B.
Fire inspection duties.
(1)
The Fire Chief shall be the Fire Inspector in the Town of Herman
and shall have the power to appoint one or more Deputy Fire Inspectors
and shall perform all duties required of the Fire Inspector by the
laws of the state and rules of the Wisconsin Department of Safety
and Professional Services, particularly § 101.14, Wis. Stats.
(2)
While acting as Fire Inspector pursuant to § 101.14(2),
Wis. Stats., the Fire Chief, or any officers of the Fire Department
designated by the Fire Chief, shall have the right and authority to
enter any building or upon any premises in the Town of Herman at all
reasonable hours for the purpose of making inspections or investigations
which, under the provisions of this Code of Ordinances, he/she may
deem necessary. Should the Fire Inspector(s) find that any provisions
of this Code relating to fire hazards and prevention of fires are
being violated, or that a fire hazard exists which should be eliminated,
it shall be his/her duty to give such directions for the abatement
of such conditions as he/she shall deem necessary and, if such directions
are not complied with, to report such noncompliance to his/her Fire
Chief and to the Town Board for further action.
(3)
The Fire Chief is required, by himself/herself or by officers or
members of the Fire Department designated by him/her as fire inspectors,
to inspect all buildings, premises and public thoroughfares, except
the interiors of private dwellings, for the purpose of ascertaining
and causing to be corrected any conditions liable to cause fire, or
any violations of any law or ordinance relating to the fire hazard
or to the prevention of fires. Such inspections in that Department's
jurisdictional area shall be made at least once in six months in all
of the territory served by the Fire Department, and not less than
once in three months in such territory as the Town Board has designated
or thereafter designates as within the Town or as a congested district
subject to conflagration, and more often as the Fire Chief orders.
Each six-month period shall begin on January 1 and July 1.
(4)
Written reports of inspections shall be made and kept on file in
the office of Fire Chief in the manner and form required by the Wisconsin
Department of Safety and Professional Services.
A.
Driving over fire hose. No person shall willfully injure in any manner
any hose, hydrant or fire apparatus belonging to the Fire Department,
and no vehicle shall be driven over any unprotected hose of the 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.
B.
Parking vehicles near hydrants. It shall be unlawful for any person
to park any vehicle or leave any object within 10 feet of any fire
hydrant at any time.
C.
No parking near fire. It shall be unlawful for any person, in case
of fire, to drive or park any vehicle within one block from the place
of fire without the consent and authority of the Fire Chief or any
law enforcement officer.
A.
Entering adjacent property. It shall be lawful for any firefighter,
while acting under the direction of the Fire Chief or any other officer
in command, to enter upon the premises adjacent to or in the vicinity
of a building or other property then on fire for the purpose of extinguishing
such fire, and in case any person shall hinder, resist or obstruct
any firefighter in the discharge of his/her duty as is hereinbefore
provided, the person so offending shall be deemed guilty of resisting
firefighters in the discharge of their duty.
B.
Removal or destruction of property to prevent the spread of fire.
During the progress of any fire, the Fire Chief or his/her assistant
shall have the power to order the removal or destruction of any property
necessary to prevent the further spread of fire, provided that it
is inevitable that, unless such property is removed, other property
is in danger of being destroyed by fire.
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
is 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.
A.
Declaration of emergency. When there occurs a lack of precipitation,
there may exist an extreme danger of fire within the Town of Herman.
This extreme danger of fire affects the health, safety, and general
welfare of the residents of the Town of Herman and constitutes a state
of emergency. It is hereby found that the regulation of fires, burning
materials, and fireworks is necessary and expedient for the health,
safety, welfare and good order of the Town of Herman during said emergency.
B.
Regulation of fires, burning materials and fireworks. When a burning
state of emergency is declared, it may be ordered that a person may
not:
(2)
Throw, discard or drop matches, cigarettes, cigars, ashes, charcoal
briquettes or other burning materials while outdoors except into a
noncombustible container that does not contain combustible materials.
(3)
Light or ignite a flare, except upon a roadway in an emergency.
(4)
Light, ignite, or use anything manufactured, processed, or packaged
solely for the purpose of exploding, emitting sparks or combustion
for amusement purposes, including fireworks, firecrackers, bottle
rockets, caps, toy snakes, sparklers, smoke bombs, or cylindrical
or cone fountains that emit sparks and smoke, except in displays authorized
by the Town where adequate fire prevention measures have been taken.
C.
Period of emergency.
(1)
The periods of emergency for which this section shall be in effect
shall be during such periods that the Town of Herman and Dodge County,
Wisconsin, are under Wisconsin Department of Natural Resources emergency
fire regulations banning outdoor smoking and campfires, or when necessary
as determined by the Town Chairperson, upon the recommendation a Fire
Chief.
(2)
Burning emergencies shall become effective upon the time and date
of the Town Chairperson declaring a state of emergency and shall remain
in effect until the period of emergency ceases to exist or until the
ratification, alteration, modification, or repeal of the burning state
of emergency by the Town Board.
A.
State Administrative Code chapters adopted. The following rules and
regulations as promulgated within the Wisconsin Administrative Code,
together with any future additions, deletions, or supplements thereto,
are herewith incorporated as part of this chapter and shall be enforced
with the same force and effect as though set forth in full herein;
provided, however, that where such rules and regulations are less
stringent than other provisions found in this chapter, the provisions
of this chapter shall apply:
(1)
Chapter ATCP 93, Flammable, Combustible and Hazardous Liquids.
(2)
Chapter SPS 307, Explosives and Fireworks.
(3)
Chapter SPS 314, Fire Prevention.
(4)
Chapter SPS 316, Electrical.
(5)
Chapters SPS 320 to 325, Uniform Dwelling Code.
(6)
Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
(7)
Chapter SPS 330, Fire Department Safety and Health.
(8)
Chapter SPS 343, Anhydrous Ammonia.
(9)
Chapters SPS 361 to 366, Commercial Building Code.
(10)
Chapters SPS 375 to 379, Buildings Constructed Prior to 1914.
(11)
Chapters SPS 381 to 387, Plumbing.
B.
Adoption of NFPA Codes. The following rules and regulations issued
by the National Fire Protection Association (NFPA), together with
any future additions, deletions or supplements thereto, are herewith
adopted and incorporated by reference as part of this chapter and
shall be enforced with the same force and effect as though set forth
in full herein; provided, however, that where such rules and regulations
are less stringent than other provisions found in this chapter, the
provisions of this chapter shall apply:
(1)
Fire Code, NFPA 1, except for §§ 3-23.1 and 7-1.2.
(2)
Life Safety Code, NFPA 101.
(3)
Standard for the Inspection, Testing, and Maintenance of Water-Based
Fire Protection Systems, NFPA 25.
(4)
Standard for Spray Application Using Flammable or Combustible Materials,
NFPA 33.
(5)
National Fuel Gas Code, NFPA 54.
(6)
Liquid Petroleum Gas Code, NFPA 58.
(7)
Standard for Aircraft Fuel Servicing, NFPA 407.
