[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as §§ 5-2-2 to 5-2-10 and 5-3-1 of the 1998 Code.
Amendments noted where applicable.]
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Brandon-Fairwater 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.
A.
Police authority at fires.
(1)
The 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.
(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/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 Department during the progress of a fire.
B.
Fire inspection duties.
[Amended 11-12-2007]
(1)
The Fire Chief, or the Chief's designee, shall be the Fire Inspector
of the Village of Brandon 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 of Wisconsin and the
rules of the Department of Safety and Professional Services.
(2)
The Fire Inspector shall have the right and authority to enter any
building or upon any premises in the Village of Brandon at all reasonable
hours for the purpose of inspecting semiannually all buildings, premises
and thoroughfares within the Village for the purpose of noting and
causing to be corrected any condition liable to cause fire and which
is so situated as to endanger other buildings or property and for
the repair or removal of any combustible or explosive material or
inflammable conditions dangerous to the safety of any building or
premises or the occupants thereof or endangering or hindering firefighters
in case of fire. The Fire Inspector may also perform such other inspections
as are necessary to accomplish the elimination of such conditions
or to verify their elimination. Any person denying the Fire Inspector
access to the premises will be served with a citation according to
the deposit schedule.[1]
(3)
Whenever any inspection by the Fire Inspector reveals a hazard, the
Fire Inspector or the Fire Chief shall serve, in writing, an order
upon the owner of the property giving the owner a reasonable time
in which to eliminate the hazard. If the hazard is not eliminated
within the time allowed, it shall be deemed a nuisance and the Fire
Chief and/or Police Chief may issue a citation for failure to comply
with such order, seek a court-ordered injunction with the assistance
of the Village Attorney or contact the State of Wisconsin Department
of Safety and Professional Services and have it intervene on the Village's
behalf. Citation amounts can be found in the deposit schedule.[2]
(4)
Written reports of inspections that comply with the rules of the
Department of Safety and Professional Services shall be made and kept
on file with the Fire Chief or in the office on the Village Clerk.
A.
Driving over fire hose. No person shall willfully injure in any manner
any hose, hydrant or fire apparatus belonging to a 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
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/her 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/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
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.
A.
Open burning prohibited. No person, firm or corporation shall build
any outdoor fire within the corporate limits of the Village of Brandon
except as set forth below in this section. This prohibition on burning
includes burning of construction waste and debris at construction
sites and the use of burning barrels.
B.
Exceptions.
(2)
Outdoor cooking over a fire contained in a device or structure designed
for such use is permissible.
(3)
Recreational burning pits not exceeding four feet in diameter and
not located less than 25 feet from any structure may be permitted
(the burning of clean wood only is permitted and the use of burning
pits to burn refuse is prohibited).[2]
(4)
Controlled burning of grass or similar vegetation for environmental
management purposes, with the prior written approval of the Chief
of Police or Fire Chief, or his/her designee, may be permitted; this
exception is not to be used for the burning of grass, leaves or other
lawn debris.
(5)
Ceremonial campfire or bonfires, with prior written approval of the
Fire Chief, or his/her designee, may be permitted.
C.
Application for permit.
(1)
Procedure for issuance of burning permit. Before the setting or starting
of any open burning permitted under this section, a permit authorizing
the burn shall be first obtained by the owner, operator, or agent
from the Chief of Police, Fire Chief or from such other person as
may be authorized or designated by the Chief of Police or Fire Chief
to issue such permits. Application for a burning permit shall be made,
in writing, upon a form furnished by the Fire Chief or Chief of Police.
The Fire Chief may also establish from time to time special rules
or restrictions relating to open burning by permit. Such rules may
govern conditions, including, but not necessarily limited to, the
following:
(a)
Hours when burning is allowed.
(b)
Day(s) when burning is allowed.
(c)
Material which may or may not be burned.
(d)
Whether open burning is allowed or whether burning is only allowed
with an approved incinerator or burning device.
(e)
The length of time the permit is valid.
(f)
What constitutes an approved burning device or incinerator.
(g)
The size of the material pile burned by open burning.
(h)
The distance or distances to be maintained between the material
being burned and other flammable material.
(i)
Supervision required for burning, including minimum age of supervisors
and type of fire extinguishing equipment which must be present at
the burn site.
(j)
The manner in which ashes created by the burning under the permit
are to be disposed of.
(2)
Issuance of permit. If the Chief of Police, Fire Chief, or other
person authorized or designated by the Chief of Police or Fire Chief
to issue such permits finds that the proposed burning complies with
all Village ordinances and the regulations contained in Ch. SPS 314,
Wis. Adm. Code, the Chief of Police or Fire Chief shall approve the
application, and a burning permit shall be subsequently issued to
the applicant. A copy of any burning permit, and the application therefor,
shall be kept on file with the Chief of Police or Fire Chief. No burning
permit issued shall be valid for more than 30 days from the date when
issued.
D.
Open burning regulations. The following regulations shall be applicable
when an open burning permit has been issued:
(1)
All open burning conducted pursuant to a permit shall be performed
in a safe, pollution-free manner, when wind and weather conditions
are such as to minimize adverse affects, and in conformance with local
and state fire protection regulations. Open burning permits shall
not be used to covertly burn plastic, construction debris or other
prohibited materials.
(2)
The size of the pile of material to be burned shall not exceed four
feet in any direction measured horizontally or three feet measured
vertically.
(3)
The pile of material being burned shall be at least 50 feet away
from any structure, wood or lumber pile, wooden fence, trees, or bushes.
Provisions shall be made to prevent the fire from spreading to within
50 feet of such items or the fire shall otherwise be contained in
an approved incinerator or burner device which is located at least
15 feet from any structure, wood or lumber pile, wooden fence, trees,
or bushes.
(4)
Any ashes created by burning such material as is lawful under this
section are to be disposed of in a manner authorized by law.
(5)
Open burning shall be constantly attended and supervised by a competent
person of at least 16 years of age until such fire is extinguished.
This person shall have readily available for use such fire extinguishing
equipment as may be necessary for the total control of the fire while
burning and/or extinguishing such fire.
(6)
No materials may be burned upon any street, curb, gutter, or sidewalk.
(7)
Permits shall not be issued for burning barrels.
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:
A.
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.
B.
Waste oil or other oily wastes except used oil burned in a heating
device for energy recovery subject to the restrictions in Ch. NR 590,
Wis. Adm. Code.
C.
Asphalt and products containing asphalt.
D.
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.
E.
Any plastic material, including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
F.
Rubber, including tires and synthetic rubber-like products.
A.
Purpose. This section is intended to promote public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of Brandon.
B.
Definition. An "outdoor wood-fired furnace" means a wood-fired furnace,
stove or boiler that is not within a building intended for habitation
by humans.
C.
Outdoor furnaces and/or heating devices are forbidden within the
Village limits of Brandon.
(1)
Outdoor furnaces that are in use the date this section is enacted
shall be grandfathered until the end of their life cycle and cannot
be replaced. Outdoor furnaces that were installed and in use prior
to this section being enacted shall be registered at the office of
the Village Clerk. Registration shall include the make, model and
serial number if available.
(a)
The owners of outdoor wood-burning furnaces shall obtain an annual
permit from the Village Clerk and/or Building Inspector.
(2)
All outdoor furnaces existing prior to the enacting of this section
must be inspected by the Fire Chief and/or Building Inspector for
safety concerns and any Building Code violations.
D.
Existing
outdoor wood-burning furnaces shall comply with the following:
(1)
The
outdoor wood-burning furnace shall have a chimney that extends a minimum
of 20 feet above the ground surface. If there are any residences within
100 feet, the chimney shall also extend at least 15 feet above the
structure housing the wood burner.
E.
Materials
that may not be burned:
(1)
Wet
or freshly cut wood.
(2)
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.
(3)
Waste
oil or other oily wastes.
(4)
Asphalt
or products containing asphalt.
(5)
Treated
or painted wood, including plywood, composite wood products or other
wood products that are painted, varnished or treated with preservatives.
(6)
Any
plastic material, including nylon, PVC, ABS, polystyrene or urethane
foam, synthetic fabrics, plastic films and plastic containers.
(7)
Rubber,
including tires and synthetic rubber-like products.
(8)
Newspaper,
corrugated cardboard, container board, office paper and other materials
that must be recycled.
F.
This section
does not apply to the following:
(1)
Grilling
or cooking using charcoal, wood, propane or natural gas in cooking
appliances.
(2)
Burning
in a stove, furnace, fireplace or other heating device within a building
used for human or animal habitation.
(3)
The
use of propane, acetylene, natural gas, gasoline or kerosene in a
device intended for heating, construction or maintenance activities.
A.
Declarations of emergency. When there occurs a lack of precipitation,
there may exist an extreme danger of fire within the Village of Brandon.
This extreme danger of fire affects the health, safety, and general
welfare of the residents of the Village of Brandon 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 Village of Brandon during
said emergency.
B.
Regulation of fires, burning materials and fireworks. Pursuant to
§ 323.11, Wis. Stats., 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
briquets 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 Village where adequate fire prevention measures have been taken.
C.
Period of emergency.
(1)
The period of emergency for which this section shall be in effect
shall be during such periods that Fond du Lac County is under Wisconsin
Department of Natural Resources emergency fire regulations banning
outdoor smoking and campfires, or when necessary as determined by
the Village President, upon the recommendation of the Fire Chief.
(2)
Pursuant to § 323.11, Wis. Stats., burning emergencies
shall become effective upon the time and date of the Village President
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 Village
Board.
The following orders, rules and regulations of the Wisconsin
Department of Safety and Professional Services and the Department
of Agriculture, Trade and Consumer Protection, all of which are set
forth in the Wisconsin Administrative Code as from time to amended,
are incorporated herein by reference and adopted as part of this chapter:
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Ch. ATCP 93, Flammable, Combustible and Hazardous Liquids
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Ch. SPS 307, Explosives and Fireworks
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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 360 to SPS 366, Commercial Building Code
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Wisconsin Electrical Code
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