[HISTORY: Adopted by the Common Council of the City of Brodhead
as §§ 5-2-3 to 5-2-12 and § 5-3-3 of the
1997 Code. Amendments noted where applicable.]
[Amended 2-25-2013]
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Brodhead Fire Protection District along
the streets or alleys of the City at the time of a fire or when the
Brodhead Fire Protection District is using such streets or alleys
in response to a fire alarm or for practice.
[Amended 2-25-2013]
A.
Police authority at fires.
(1)
The Fire Chief of the Brodhead Fire Protection District and assistants
or officers in command at any fire are hereby vested with full and
complete police authority at fires. Any officers of the District may
cause the arrest of any person failing to give the right-of-way to
the Fire District in responding to a fire.
(2)
The Fire Chief of the Brodhead Fire Protection District 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 Fire District, shall be permitted to come.[1]
(3)
The Fire Chief of the Brodhead Fire Protection District 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 or 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 District during the progress of a fire.
B.
Fire inspection duties.
(1)
The Fire Chief of the Brodhead Fire Protection District shall be
the Fire Inspector of the City of Brodhead and shall have the power
to appoint one or more Deputy Fire Inspectors and shall perform all
duties required of the Fire Inspectors by the laws of the state and
the rules of the 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 officer of the Fire District designated
by the Fire Chief shall have the right and authority to enter any
building or upon any premises in the City of Brodhead at all reasonable
hours for the purpose of making inspections or investigations which,
under the provisions of this Code, he or she may deem necessary. Should
the Fire Inspector find 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 or her duty
to give such directions for the abatement of such conditions as he
or she shall deem necessary.
(3)
The Fire Chief of the District is required, by himself or herself,
or by officers or members of the Fire District designated by him or
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
shall be made at least once in six months in all the territory served
by the Fire District and more often as the Chief of the Fire District
orders. Each six-month period shall begin on January 1 and July 1
of each year. Repairs or alterations necessary to remove the hazardous
condition shall be made within a reasonable time at the expense of
the owner. The Inspector shall also investigate the storage and handling
of explosives and inflammable liquids in the City.
A.
Driving over fire hose. No person shall willfully injure in any manner
any hose, hydrant or fire apparatus belonging to the City or the Brodhead
Fire Protection District, and no vehicle shall be driven over any
unprotected hose of the Fire District 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 District official in command.
[Amended 2-25-2013]
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
police 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 duty as is hereinbefore provided,
the person so offending shall be deemed guilty of resisting firefighters
in the discharge of their duty.[1]
B.
Destruction of property to prevent the spread of fire. During the
progress of any fire, the Fire Chief or his 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.
[Amended 2-25-2013]
Whenever there shall be a fire or fire alarm or the Brodhead
Fire Protection District 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 or any hydrant to which a fire hose
may be, or may be about to be, attached.
A.
Purpose. The purpose of this section is to prohibit or strictly control
the burning of materials in the City of Brodhead because of the health
risk from air and water pollution which results from such burning.
It is felt that only by completely prohibiting the outside burning
of rubbish, leaves, and other combustibles can this unnecessary health
risk and pollution be abated. This section is also adopted in the
interests of safety and to avoid unnecessary property damage within
the City.
D.
Exceptions.
(1)
The burning prohibition provided for herein does not apply to the
burning of charcoal or similar substances outdoors for noncommercial
cooking, as long as said cooking is done without danger of spread
of fire and in a grill or other cooking device.
(2)
The burning prohibition provided for herein does not apply to City-sponsored
and approved fires set for practice and instruction of firefighters,
for the testing of firefighting equipment, or for municipally collected
wood or brush.[1]
(3)
The burning prohibition provided for herein does not apply to the
burning of wood in interior fireplaces.
(4)
Campfires or commercial cooking fires are allowed only upon a permit
issued by the Fire Chief or his/her designated representative. Such
permit may only be issued upon application stating the limited time
and limited area in which such campfires are to be built. Such application
must describe the plan for supervision of such activities and must
be signed by the person who will be responsible for such supervision.
The Fire Chief or his/her designated representative has the express
right to revoke any permits issued under this subsection.
(5)
Prescribed burns conducted for the purpose of the ecological restoration
and management of native prairie plant species are allowed only upon
the issuance of a permit issued by the Fire Chief or his designated
representative. The applicant must be able to demonstrate the presence
of a native prairie plant restoration project upon which the proposed
burning will take place in order to qualify for such a permit. Such
permit may be issued only upon the submittal of a prescribed burn
plan defining the specific area to be burned and describing the conditions
under which the burn is to be conducted, including a plan for the
control and supervision of the burn and containing the names and signatures
of those individuals responsible for such supervision.
(6)
In all circumstances above where burning is expressly allowed, such
burning must be attended at all times. Further, such burning is specifically
prohibited when the Fire Chief, by notice in the local newspaper,
prohibits such due to extreme fire danger.
(7)
The burning prohibition provided for herein does not apply to portable
campfire kettle units that are manufactured with screening around
the unit, Such portable campfire kettles, however, must be used as
an entire unit with the screening in place. Furthermore, portable
campfire kettles must be located a minimum of 30 feet from any home
or structure when in use and their use is prohibited if winds are
in excess of 20 miles per hour. The burning of wood only is permitted
in portable campfire kettles. Open burning and leaf burning within
portable campfire kettles is prohibited as is the use of the portable
campfire kettle as an incinerator. This subsection does not permit
bonfires, which requires a special permit as set forth above.
E.
Burning in General Industrial District. Open burning on property
zoned General Industrial (I-2) only is allowed upon a permit issued
annually by the Fire Chief or his/her designated representative, subject
to annual review of the Common Council and further subject to the
following conditions:
(1)
Issuance of a burning permit by the Wisconsin Department of Natural
Resources pursuant to § NR 429.04, Wis. Adm. Code, or any
successor regulation thereof, with a copy of said permit to be placed
on file with the office of the Fire Chief.
(2)
Only clean wood generated by or used in connection with the permit
holder's City of Brodhead operations may be burned.
(3)
All allowed open burning shall be conducted in a safe pollution-free
manner when wind and weather conditions are such as to minimize adverse
effects in conformance with the City and state fire protection regulations
and must not create a nuisance.
(4)
The Fire Chief or his/her designated representative must grant approval
of the burn site location.
(5)
The Fire Chief or his/her designated representative must be given
at least 24 hours' advance notice of the date and time of the commencement
of the burning.
(6)
All burning must occur during daylight hours only.
(7)
Open burning is prohibited when local circumstances make fires potentially
hazardous.
[Amended 2-25-2013]
Every person, firm or corporation shall be liable for any fee or liability imposed by law upon them by the City, including, but not limited to, liability to reimburse the City for cleanup of spills pursuant to § 268-1D.
A.
The Mayor and Clerk-Treasurer are hereby authorized to execute an
agreement for participation in the Mutual Aid Box Alarm System. A
copy of said agreement shall be maintained on file in the office of
the City Clerk-Treasurer, and said agreement, and all amendments thereto,
are made a part of this chapter.
B.
The Mutual Aid Box Alarm System Executive Board Bylaws are to remain
on file in the office of the Clerk-Treasurer, and said bylaws, and
all amendments thereto, are made a part of this chapter and are hereby
approved.
A.
State codes. 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
and/or renumbered, are incorporated herein by reference and adopted
as part of this chapter:[1]
(1)
Ch. SPS 332, Public Employee Safety and Health.
(2)
Ch. SPS 307, Explosives and Fireworks.
(3)
Ch. SPS 310, Flammable and Combustible Liquids.
(4)
Ch. SPS 340, Gas Systems.
(5)
Ch. SPS 314, Fire Prevention.
(6)
Ch. SPS 343, Anhydrous Ammonia.
(7)
Chs. SPS 361 to 365, Commercial Building Code.
(8)
Chs. SPS 375 to 379, Buildings Constructed Prior to 1914.
(9)
Wisconsin Electrical Code, Volume 2.
B.
National Codes. The following sections of the National Fire Codes
published by the National Fire Protection Association are incorporated
herein by reference and adopted as part of this chapter:[2]
(1)
NFPA 10, Standard for Portable Fire Extinguishers.
(2)
NFPA 13, Standard for the Installation of Sprinkler Systems.
(3)
NFPA 58, Standard for the Storage and Handling of Liquefied Petroleum
Gases.
(4)
NFPA 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel
Burning Appliances.
(5)
NFPA 385, Standard for Tank Vehicles for Flammable and Combustible
Liquids.
C.
Compliance required. Any act required to be performed and any act
prohibited by the sections of the Wisconsin Administrative Code or
the National Fire Code incorporated herein by reference is an act
required or prohibited by this chapter.
D.
Future amendments or modifications.
(1)
Any future amendment, revision, or modification of the sections of
the Wisconsin Administrative Code or National Fire Code incorporated
herein by reference are intended to be made a part of this chapter
and are automatically adopted by reference herein upon their effective
dates.
(2)
In case of a conflict between any provisions of this chapter, the
Wisconsin Administrative Code or the National Fire Code, the code
containing the strictest provisions shall apply. A copy of the applicable
codes shall be kept at all times and available for inspection during
reasonable hours in the offices of the City Clerk Treasurer and the
Brodhead Fire Chief.
E.
Enforcement; authority; duties generally.
(1)
It shall be the duty and responsibility of the Fire Chief or his/her
duly authorized representative to enforce the provisions of this chapter.
(2)
When the Fire Chief determines that there may be a violation of any
provision of this chapter, or a situation which affects the health
or safety of the general public, or the occupants of a building, the
Fire Chief shall proceed to take necessary action as provided for
in this chapter.
F.
Enforcement; authority; inspection duties.
(1)
Inspection of premises and the issuing of orders in connection therewith,
under the provisions of this chapter, shall be the responsibility
of the Fire Chief or his/her designee. Wherever, in the opinion of
the Fire Chief, it is necessary or desirable to coordinate with the
Building Inspector in the inspection of any condition, he/she shall
arrange for this to be done in such manner that the owners or occupants
of buildings shall not be subjected to visits by numerous inspectors
nor to multiple or conflicting orders. No orders for correction of
any violation under this chapter shall be issued without the approval
of the Fire Chief.
(2)
When the Fire Chief determines that there are reasonable grounds
to believe that a violation of this chapter may exist or that conditions
exist which adversely affect the health, safety, and welfare of the
occupants or the public, he/she may make or cause to be made inspections
to determine the conditions of buildings or structures in order to
safeguard the safety, health and welfare of the public under the provisions
of the Fire Code. In addition, the Fire Chief shall make or cause
to be made those inspections that are required by the Wisconsin Statutes.
It shall be the duty of the Fire Chief to inspect all buildings and
premises, except the interiors of dwelling units, as often as may
be necessary for the purpose of ascertaining and causing to be corrected
any conditions liable to cause fire, endanger life from fire, or any
violations of the provisions or intent of this chapter.
G.
Authority to enter premises.
(1)
The Fire Chief may, at reasonable hours, request permission of the
owner or occupant to enter any building or premises for the purpose
of making any inspection or investigation which, under the provisions
of this chapter, he/she may deem necessary to be made.
(2)
The Fire Chief may obtain a search/inspection warrant under §§ 968.10,
968.11, and 66.019, Wis. Stats., when necessary in his/her opinion
for the purpose of making an inspection or investigation of any building
or premises where the owner or occupant has refused admission.
(3)
No person, having been duly informed of the existence of a search
warrant to search the premises owned or occupied by him/her, shall
refuse to permit such search to be made. Each day, or part thereof,
during which such refusal continues shall be deemed to be a separate
violation.
H.
Enforcement methods. In enforcing this chapter, the Fire Chief or
any other person authorized to enforce it may do so by order to vacate
building, order to correct violation, citation procedure, forfeiture
action, injunctive relief, or any combination of those remedies.
I.
Emergency vacation of hazardous buildings; procedure.
(1)
Whenever the Fire Chief finds that a Fire Code violation exists which
presents a situation so dangerous as to be an immediate hazard or
threat of damage or injury to any property or to any person's
life, safety or health, the Fire Chief may order an immediate vacation
of the building, structure or premises which are so threatened.
(2)
The order to vacate in an emergency situation may be given orally
by the Fire Chief to those persons present in the building, structure
or premises.
(3)
If such order is given orally, the Fire Chief shall post on each
entrance to the vacated building a sign or notice that the building
has been ordered vacated or is unfit for occupancy.
(4)
If the emergency situation terminates within three days, the Fire
Chief shall prepare a report of the emergency situation and vacation.
Such report shall contain the following information:
(a)
A description of the premises sufficient for identification.
(b)
Specification of the condition requiring immediate vacation
and the section of the Fire Code under which emergency order was issued.
(c)
Date of issuance of the order to vacate.
(d)
Date of withdrawal of the order to vacate.
(e)
The names of the person or persons who were ordered to vacate
the building, structure or premises, and the date on which they were
so ordered.
(5)
If the emergency situation exists longer than three days, the Fire
Chief shall, after three days, prepare a written order, which shall
contain the following information:
(a)
A description of the premises sufficient for identification.
(b)
An order that the building, structure, or premises be vacated
and remain vacated until such order to vacate is withdrawn.
(c)
Specification of the condition requiring immediate vacation
and the section of the Fire Code under which such emergency order
is being issued.
(d)
The date the oral order to vacate was given.
(e)
A statement of the penalty for defacing or removal of the copy
of the order.
(f)
The signature of the Fire Chief and a statement that the order
was issued from the Fire District.
(g)
The date of posting of the written order.
(6)
A copy of any written order shall be posted on the premises and shall
be served on the owner.
(7)
When the Fire Chief is satisfied that the hazard or condition causing
the emergency situation has been corrected, he/she shall withdraw
the order to vacate and remove any posted order or notice. If a written
order was posted, the Fire Chief shall notify the owner in writing
of the withdrawal of the order to vacate.
(8)
It shall be the duty of the owner of a building to notify the occupants
of any order to vacate and of the withdrawal of such order. Any damage,
loss or injury to either the owner or occupants of the building ordered
to be vacated shall not be the responsibility of the City, unless
directly caused by the City's negligence. Any damage, loss or
injury to either the owner or occupants shall be the responsibility
of the person or persons who caused the Fire Code violation or who
allowed the Fire Code violation to exist.
(9)
The Fire Chief shall furnish a copy of all orders to vacate and notices
of withdrawal thereof to any other official of the village concerned
therewith.
J.
Emergency authority of Fire Chief. In circumstances where, in the
opinion of the Fire Chief, the Fire Code violation presents a situation
so dangerous as to be an immediate threat of damage or injury to any
property or any person's life, safety or health, the Fire Chief
may cause the immediate abatement, removal or correction of the violation.
Any and all costs incurred by the City in the performance of the abatement,
removal or correction of such violation shall be charged to the owner,
occupant, person in control of or person responsible for such violation.
In case of a failure to pay these costs, a statement of such costs
shall be filed with the Clerk-Treasurer, and any and all costs thereof
shall be charged against the real estate upon which the violation
was located, shall be a lien upon the real estate, and shall be assessed
and collected as a special tax.
K.
Order to eliminate dangerous or hazardous conditions. Whenever the
Fire Chief shall find in any building or upon any premises dangerous
or hazardous conditions or materials as follows, he/she shall order
such dangerous conditions or materials to be removed or remedied:
(1)
Dangerous to unlawful amounts of combustible or explosive or otherwise
hazardous materials.
(2)
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible or explosive or otherwise
hazardous materials.
(3)
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or
other highly combustible materials.
(4)
Accumulations of dust or waste material in air-conditioning or ventilating
systems or of grease in kitchen or other exhaust ducts or inadequate
clearances to unprotected combustible materials from hoods, grease
extractors and ducts.
(5)
Obstructions to or on fire escapes, designated access openings in
exterior walls for Fire District use, stairs, passageways, doors or
windows, liable to interfere with the operations of the Fire District
or egress of occupants in case of fire.
(6)
Any building or other structure which, for want of repairs, lacks
adequate exit facilities, automatic or other fire alarm apparatus
or fire-extinguishing equipment, or, by reason of age or dilapidated
condition, or from any other cause, creates a hazardous condition.
L.
Service of orders.
(1)
The service of written orders for the correction of violations of
this chapter shall be made upon the owner, occupant or other person
responsible for the conditions, either by delivering a copy of same
to any person in charge of the premises or by mailing such orders
to the owner or other responsible person. This subsection shall in
no way preclude the Fire Chief from issuing oral orders in such other
manner as he/she deems appropriate under the circumstances.
(2)
If buildings or other premises are owned by one person and occupied
by another, the orders issued in connection with the enforcing of
this chapter shall apply to the occupant thereof as well as the owner,
except where the rules or orders require the making of additions to
or changes in the premises themselves, such as would immediately become
fixtures upon real estate or real estate and be the property of the
owner of the premises, and in such cases the rules or orders shall
affect the owner and not the occupant unless it is otherwise agreed
between the owner and the occupant.
(3)
Receipt of such orders by the owner or occupant is sufficient notice
to effect compliance with the order.
M.
Order to correct violations; removal of posted copy. No person shall
deface or remove a posted copy of an order from any premises upon
which it has been placed under this chapter except by authority from
the Fire Chief.
N.
Order to correct violations; failure to do so. In case any order
is not promptly complied with, the Fire Chief may follow any, several,
or all of the following procedures:
(1)
Cause a citation to be issued to the owner, operator or other person
responsible for the violation, citing a violation of this chapter.
(2)
Request the Attorney of the City to institute an appropriate action
or proceeding at law or in equity against the owner, operator or other
person responsible for the violation, ordering him to:
(a)
Restrain, correct or remove the violation or refrain from any
further execution of work.
(b)
Restrain or correct the erection, installation, or alteration
of such building in violation of the Fire Code.
(c)
Remove work in violation.
(d)
Prevent the occupancy or use of the building, structure, or
part thereof erected, constructed, installed or altered in violation
of, or not in compliance with, the provisions of the Fire Code, or
in violation of a plan or specification under which an approval, permit
or certificate was issued.
(e)
Pay a forfeiture pursuant to the penalty provisions of this
Code.
(3)
Any person who does not comply with any lawful order of the Fire
Chief issued pursuant to the provisions of this chapter shall be in
violation of this chapter, and every day or fraction thereof during
which such person fails or neglects to comply with such order shall
constitute a separate offense.
