[HISTORY: Adopted by the Village Board of the Village of
Tigerton 4-5-1988 as §§ 3-2-2 to 3-2-9 and Title 3, Ch. 3, of the 1988
Code. Amendments noted where applicable.]
No person shall impede the progress of a fire engine or fire
truck or other fire apparatus of the Fire Department along the streets
or alleys of the 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 training purposes.
A.
Police authority at fires.
(1)
The Fire Chief and assistants or officers in command at any fire
are hereby vested with full and complete police authority at fires.
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.
(2)
The Fire Chief may prescribe certain limits in the vicinity of any
fire within which no persons, excepting firefighters and police officers
and those admitted by order of any officer of the Department, shall
be permitted to come.[1]
(3)
The 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 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 Department during the progress of a fire.
B.
Fire inspection duties.
(1)
While acting as fire inspector pursuant to § 101.14(2),
Wis. Stats., the Fire Chief or any officer 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 Village at all reasonable
hours for the purpose of making inspections or investigations which,
under the provisions of this Code, he may deem necessary.
(2)
The Chief of the Fire Department is required, by himself or by officers
or members of the Fire Department designated by him 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 fire hazards or
to the prevention of fires. Such inspections shall be made at least
once in six months in all of the territory served by such Fire Department,
and not less than once in three months in such territory as the Village
Board has designated or hereafter designates as within the fire limits
or as a congested district subject to conflagration, and oftener as
the Chief of the Fire Department orders. Each six-month period shall
begin on January 1 and July 1, and each three-month period on January
1, April 1, July 1 and October 1 of each year.
(3)
Written reports of inspections shall be made and kept on file in
the office of the Chief of the Fire Department in the manner and form
required by the Department of Safety and Professional Services.
No person shall willfully injure in any manner any hose, hydrant
or fire apparatus belonging to the Village or any fire department,
and no vehicle shall be driven over any unprotected hose of any 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.
It shall be lawful for any firefighter while acting under the
direction of the Fire Chief or other officer in command to enter upon
the premises adjacent to or in the vicinity of any 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 duty as is hereinbefore provided, the person
so offending shall be deemed guilty of resisting firefighters in the
discharge of their duty.
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 motor
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 motor 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.
A.
Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Tigerton excepting as set forth in Subsection B of this section.
B.
(1)
Outdoor cooking over a fire contained in a device or structure designed
for such use;
(2)
Controlled burning of grass or similar vegetation for environmental
management purposes, with the prior written approval of the Fire Chief.
(3)
Ceremonial campfires or special bonfires, with prior written approval
of the Fire Chief.
(4)
Controlled burning of dry leaves and other nonoffensive dry yard
debris during the periods of April 1 through May 31, and October 1
through November 30 of each year; provided, however, that such burning
is:
(a)
Monitored by a responsible person until the fire has extinguished
itself completely;
(b)
Conducted on days when excessive wind or atmospheric conditions
will not result in danger to public health or safety;
(c)
Located off the public street pavement or street gutter;
(d)
Located at least 30 feet from any neighboring residence;
(e)
Not used for covert incineration of offensive substances or
materials.
C.
Chief may prohibit. The Fire Chief is permitted to prohibit any or
all bonfires and outdoor rubbish fires when atmospheric conditions
or local circumstances make such fires hazardous.
D.
Burning on streets. No materials may be burned upon any street, curb,
gutter or sidewalk.
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 fire
prevention chapter:
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Ch. SPS 307, Explosives and Fireworks
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Ch. SPS 310, Flammable and Combustible Liquids
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Ch. SPS 314, Fire Prevention
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Ch. SPS 332, Public Employee Safety and Health
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Ch. SPS 340, Gas Systems
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Ch. SPS 343, Anhydrous Ammonia
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Chs. SPS 361 to 365, Commercial Building Code
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Wisconsin Electrical Code
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[Added 2-6-2006[1]]
A.
SOLID-FUEL-FIRED HEATING DEVICE
STACK or CHIMNEY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy, used as a component
of a heating system providing heat for any interior space or water
source.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device, especially
that part of such structures extending above a roof.
B.
Regulations for solid-fuel-fired heating devices. Notwithstanding the provisions of Subsections D and E of this section, if any solid fuel device permitted under this section becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, the owner or occupant may be required to correct, improve or abate such conditions by such measures in accordance with the Village of Tigerton Zoning Code.[2]
C.
Substantive requirements. All solid-fuel-fired heating device shall
be installed, operated and maintained pursuant to the following conditions:
(1)
Fuel. Fuel shall be only natural untreated wood or wood specifically
permitted by the manufacturer. The following fuels are strictly prohibited:
D.
Solid-fuel-fired heating device provisions. A solid-fuel-fired heating
device may be used in the Village of Tigerton only in accordance with
the following provisions:
(1)
The solid-fuel-fired heating device shall not be used to burn any of the prohibited materials listed in Subsection C(1) of this section.
(2)
The solid-fuel-fired heating device shall be located at least 300
feet from the nearest inhabited building which is not on the same
property as the solid-fuel-fired heating device.
(3)
The solid-fuel-fired heating device shall have a chimney that extends
at least 15 feet above the ground surface.
(4)
The owner of the solid-fuel-fired heating device shall obtain a building
permit from the Village of Tigerton before installing the solid-fuel-fired
heating device. Such permit can be obtained from the Village of Tigerton
Building Inspector upon payment of the fee established by separate
resolution of the Village Board from time to time. The Building Inspector
may issue the permit upon finding that the solid-fuel-fired heating
device will be located, constructed and used in compliance with the
requirements of this section.
E.
Existing solid-fuel-fired heating device. All existing units shall be grandfathered in but must comply with Subsection D(3) of this section by December 31, 2006, which requires the unit to have a chimney that extends at least 15 feet above the ground surface. All existing devices, upon the complaint of a Village resident, shall be removed, replaced or modified to meet the requirements of this section within 45 days of notification of noncompliance from the Village Building Inspector, Fire Department or other Village officer or agent.
F.
Permits. No person shall allow, maintain or use a solid-fuel-fired
heating device in the Village of Tigerton without first having obtained
a permit from the Village Building Inspector on the forms prescribed
by such official and paying the permit fee per the schedule set by
the Village Board.
G.
Violations. A permit may be suspended in the event the owner fails
to comply with this section.
H.
Enforcement and penalties.
(1)
The Tigerton Police Department, Fire Chief, Village of Tigerton Building
Inspector and Village Board of Tigerton are authorized to enforce
the provisions of this section.
(2)
The penalty for violation of any portion of this section shall be
a forfeiture of not less than $25 nor more than $250 plus the costs
of prosecution. Penalties are doubled for the second and subsequent
offenses.
(3)
Solid-fuel-fired heating device permits may be revoked by the Building
Inspector if the Building Inspector finds that burning has been conducted
in violation of this section.
(4)
A violation of this section is hereby declared to be a public nuisance
which may be enforced through injunction or abatement proceedings
or other applicable remedies as allowed by law which shall be in addition
to such other penalties and remedies as may apply.
I.
Right of entry and inspection.
(1)
The Fire Chief or any authorized officer, agent, employee or representative
of the Village of Tigerton who presents credentials may inspect any
property for the purpose of ascertaining compliance with the provisions
of this section.
(2)
Special exception. Where the Village finds that extraordinary hardship
will occur from the enforcement of this section, upon application
to the Village Board said Village Board may vary the regulations contained
herein to afford substantial justice, provided that such special exception
will not have the effect of nullifying the intent and purpose of this
section.
J.
Property owner's assumption of all risks. Persons responsible
for lighting fires in the Village of Tigerton assume all risks associated
with such fire. Compliance with the requirements of this section shall
not relieve such person from the ultimate responsibility to ensure
that the fire is conducted safely and appropriately with due regard
for the health, safety and welfare of all persons and property potentially
affected by the fire.
