[Adopted as Ch. 29 of the Village Code]
It is the intent of this article to safeguard life and property
from the hazards of fire and explosion arising from the storage, handling,
and use of hazardous substances, materials, and devices and from conditions
hazardous to life or property in the use or occupancy of buildings
or premises.
A.
This article shall apply to both new and existing conditions, provided
that existing conditions not in strict compliance with the terms of
this article may be permitted to continue where such continuation
does not constitute a substantial hazard to life or property in the
opinion of the Code Official.
B.
Where existing structures have components or systems that fail to
comply with the current requirements, such existing conditions shall
be brought into compliance with the current code at such time where
there is a change of use or occupancy type, a change of ownership,
an addition is made to such premises, or remodeling of 50% of the
value of the structure, not including value of the property, is made
over a four-year period.
C.
Nothing contained in this article shall be construed as applying
to the transportation of anything shipped under the jurisdiction of
and in compliance with the regulations prescribed by the United States
Department of Transportation nor as applying to the military forces
of the United States.
D.
This code applies to each building and premises, public or privately
owned, and public thoroughfares located within the Village of Allouez.
A.
The following are adopted by reference and made a part hereof, as
if fully set forth herein:
(1)
The
International Fire Code® 2009 edition and reference codes and
standards, published by the International Code Council, 500 New Jersey
Avenue NW, 6th Floor, Washington, DC 20001 is adopted as an alternate
to NFPA 1 except as amended by this article. Where a specific provision
of NFPA 1 2012 is more restrictive than the International Fire Code
then the most restrictive will apply.[1]
(2)
All
ordinances and lawful orders of the Village now or hereafter in effect
relating to fire prevention or the safeguarding of life and property
from the hazards of fire and explosion, the handling, storage, sale,
and use of hazardous substances, materials and devices, conditions
hazardous to life and property in the use or occupancy of buildings,
structures, or premises, and the safety of firefighters in the performance
of their duties.
B.
In case of a conflict between any provisions of this article, the
Wisconsin Administrative Code, or the International Fire Code, the
code containing the strictest provisions shall apply.
C.
A copy of the codes and standards incorporated by reference shall
be kept at all times and available for inspection during reasonable
hours in the office of the Code Official.
D.
Any fire prevention issue not herein addressed by adopted codes or
standards will be addressed on the basis of the current National Fire
Protection Association standards or recommended practices.
A.
The Chief has the authority to administer and enforce this code.
The Chief may delegate authority to subordinates in the Fire Department,
and the actions of such authorized subordinates shall be construed
as valid actions of the Chief.
B.
Reduction in inspection frequency. Pursuant to § SPS 314.01(13)(b)7a,
Wis. Adm. Code, the Fire Chief is authorized to reduce the frequency
of fire inspections to not less than once per calendar year, provided
that the interval between those inspections does not exceed 15 months.
A.
There is hereby created and established a Fire Prevention Division
within the Fire Department which shall be operated under the authority
and supervision of the Chief. The Chief may delegate this supervisory
authority to subordinates. The Chief or his/her designee shall have
the authority to issue citations for violations of any provisions
of this code or subsequent amendments to such ordinances and all state
statutes, administrative codes, and model fire codes incorporated
by reference in this article, now or in the future.
B.
Reports. The Fire Prevention Division shall prepare and file the
following reports:
(1)
An annual report containing all information on matters regulated
by this code, together with statistics and such other information
as may be required, shall be compiled by the Division and transmitted
to the Chief. This report shall be completed and filed prior to January
31 of the succeeding year.
(2)
The Division shall prepare and transmit all such reports as may be
required by the State Department of Safety and Professional Services.
The Village Board of Allouez hereby declares that should any
section, paragraph, sentence, or word of this article or of the code
hereby adopted be declared for any reason to be invalid, it is the
intent of said Village Board that it would have passed all other portions
of this article independent of the elimination herefrom of any such
portion as may be declared invalid.
The Code Official may, at all reasonable hours, enter any building
or premises for the purpose of making an inspection under the provisions
of this article as is reasonably necessary to determine compliance
with the provisions herein.
A.
Order to eliminate dangerous or hazardous conditions. Whenever the
Chief finds in any building or upon any premises any of the following
dangerous or hazardous conditions or materials that present a clear
and present danger due to likelihood of fire or explosion, such materials
shall be removed or conditions remedied in a reasonable manner:
(1)
Dangerous or unlawful amounts of flammable, combustible, hazardous,
or explosive materials.
(2)
Hazardous conditions arising from defective or improperly installed
equipment for handling or using flammable, combustible or explosive
materials.
(3)
Dangerous or unlawful accumulations of rubbish, waste, paper boxes,
shavings, vegetation or other materials.
(4)
Accumulations of dust or waste material in air-conditioning or ventilating
systems or of grease in kitchen hoods 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 Department use, stairs, passageways, doors
or windows that are liable to interfere with the operations of the
Fire Department or egress of occupants in case of fire.
(6)
Any building or other structure which, for want of repairs, lack
of adequate exit facilities, fire escapes, 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.
B.
Emergency power of the Chief.
(1)
When the Chief determines there are environmental conditions likely
to produce a serious threat of fire to life and property, the Chief
may impose a burning ban and burning restrictions and require that
no person may:
(a)
Set, build, or maintain any open fire, except propane grills, when
in the immediate vicinity of a residential dwelling and when placed
on a noncombustible surface.
(b)
Throw, discard, or drop matches, ashes, or other burning material
while outdoors in the immediate vicinity of combustible natural vegetation.
(c)
Light or use any fireworks, as defined by Wisconsin Statutes, or
caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains
that emit sparks and smoke, except in displays or use authorized by
the Fire Department where adequate fire prevention measures have been
taken.
(2)
This ban shall be lifted when the environmental conditions change
so that a serious threat of fire is no longer present.
C.
Order requiring replacement of fire prevention, detection or suppression
system due to recurring violations.
(1)
Whenever the Code Official shall find in any building or upon any
premises, during any three consecutive fire inspections or reinspections,
a fire prevention, detection or suppression system which is defective,
inoperative, improperly maintained or improperly operated, the Code
Official may order the following remedies:
(a)
If the system includes one or more exit lights which have not been
illuminated during inspections, the Code Official may order that any
or all of the exit lights in such premises be equipped with self-illuminating
lights or lights equipped with light-emitting diodes (LEDs).
(b)
If the system includes one or more self-closing fire doors, any of
which have been found to have been held open with nonapproved hold-open
devices during inspections, the Code Official may order that any or
all of the fire doors in such premises be equipped with an automatic
closing device.
(c)
If the system includes one or more battery-operated smoke detectors
which have been inoperative during inspections, the Code Official
may order that the premises be equipped with smoke detectors hardwired
into the premises' electrical service.
(d)
If the system includes emergency exit doors which, during hours of
occupancy, have been found to be secured or locked with bolts, bars,
chains, padlocks or locking devices other than the primary door lock,
the Code Official may order the removal of such bolts, bars, chains,
padlocks or additional locking devices, and the Code Official may
further order that all emergency exit doors within the premises be
equipped with panic door release hardware.
(2)
This subsection shall not be construed as a limitation upon the powers of the Code Official to issue orders for corrections of violations under Subsection A above nor shall this subsection be construed as a limitation upon any of the powers of the Code Official under any other applicable provision of the Village of Allouez ordinances, Wisconsin Administrative Codes, or the Wisconsin Statutes.
D.
Service of orders.
(1)
The service of written orders for the correction of violations of
this article or for the replacement of fire prevention, detection,
or suppression systems shall be made upon the owner, occupant, or
other person responsible for the conditions, either by delivering
a copy of the same to any person in charge of the premises or by mailing
such orders to the owner or other responsible person. This subsection
shall not preclude the Code Official from issuing orders orally or
in such other manner as deemed 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 article shall apply to the occupant thereof as well as to 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 and be the property of the owner
of the premises.
(3)
Receipt of such orders by the owner or occupant shall be sufficient
notice to effect compliance with the order.
The following definitions are added to the requirements of the
codes adopted by reference, including but not limited to the definitions
in Section 202 of the International Fire Code:
As used in this article, means approval granted by the Fire
Chief or the lead officer in charge of the Fire Prevention Division
under the regulations of this code.
Has the meaning given in § 145.01(2), Wis. Stats.
The Fire Chief for Green Bay Metro Fire.
The Fire Chief for Green Bay Metro Fire, fire prevention
officer, code enforcement official, or any duly authorized representative
of Green Bay Metro Fire.
The Fire Prevention Division, a section of Green Bay Metro
Fire, which is responsible for fire prevention duties, including but
not limited to code enforcement, conduction of fire inspections, public
information work, fire investigation, and other activity which may
have as its purpose the prevention of fire and the reduction of life
and property losses from fire.
Chapter SPS 316, Wis. Adm. Code.
Green Bay Metro Fire.
Chapters SPS 361 and 362, Wis. Adm. Code.
The International Fire Code as adopted and amended by this
article.
Chapter SPS 365, Wis. Adm. Code.
Chapter SPS 364, Wis. Adm. Code.
A fire inspector, fire code enforcement officer, fire officer,
firefighter, fire prevention officer, fire protection engineer, or
other Fire Department personnel authorized by the Chief to perform
the duties of administration and enforcement of this code.
Chapters SPS 381 to 387, Wis. Adm. Code.
The corporate limits of the Village of Allouez.
As defined in § 101.971(2), Wis. Stats.
A city, village or town.
As defined for "dwelling" in § 101.61(1), Wis.
Stats.
Any fire in a grill that is fueled by charcoal or propane
(LP gas).
Any fire such as a campfire for the purpose of recreation
and personal enjoyment.
Includes carrying a lighted pipe, cigar, cigarette, or tobacco
in any form.
The State of Wisconsin Department of Safety and Professional
Services.
A.
Inspections outside of normal work hours (Monday through Friday,
8:00 a.m. to 4:30 p.m.), whether required or requested, may be subject
to the fees in this section. Inspections outside of normal work hours
to verify compliance with permitted activities, which are conducted
outside of normal work hours, shall be subject to the fees listed
in this section. When fire inspection personnel are required as standby
personnel for events or emergencies, the owner shall pay for personnel
time in accordance with this section.
B.
Inspection fee. In accordance with Village Fee Schedule.
C.
Reinspection fees. In the event that a reinspection is required to
follow up on duly documented Fire Code violations, a fee in accordance
with Village Fee Schedule per inspection visit shall be assessed to
the owner of the property for each inspection performed for that code
violation until said violation has been corrected to the satisfaction
of the Code Official.
A.
Title. Modify IFC Section 101.1 to read: These regulations shall
be known as the "Fire Code of the Village of Allouez," hereinafter
referred to as "this code."
B.
The following requirements are in addition to the requirements in
IFC Section 105.1:
(1)
Permits. IFC Section 105.1.1 is modified: Permits required. Permits required by this code shall be obtained through the office of the Building Inspector. Permit fees shall be as set forth in Chapter 225 of the Allouez Municipal Code. Permit fees shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the Code Official.
(2)
The Code Official may revoke any permit, approval or certificate
issued under this code where any condition of issuance has not been
complied with or maintained, or where there has been any false statement
or misrepresentation of any material fact in the application or plans
on which the issuance was based. The Code Official shall promptly
notify the holder of the revocation. The holder may appeal the Code
Official's decision to the Board. Such revocation shall be in
effect pending the decision of the Board, and the holder shall immediately
comply with the conditions of revocation. Thereafter, it shall be
unlawful for any person to continue or maintain the conditions causing
the revocation excepting that the Board finds in favor of the holder
or a new permit is issued.
C.
IFC Sections 105.6 and 105.7, required operational and construction
permits. The Code Official shall be notified of the operations set
forth in IFC Sections 105.6.1 through 105.6.46 and based on the nature
of operations may require an inspection for compliance with Village
codes. The Code Official may require a permit where the operations
have a potential for exceeding reasonable limits.
D.
Board of Appeals. IFC Section 108 is deleted from this article.
E.
Violation penalties. IFC Section 109.3 is deleted from this article.
F.
IFC Section 111.4 is modified as follows: Failure to comply. Any person who shall continue to work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a separate fine for each separate twenty-four-hour period or portion thereof that the work progresses. Fines shall be levied under § 1-3 of the Village Code.
G.
Open burning, recreational fires and portable outdoor fireplaces.
IFC Section 307.1 is modified to read:
H.
Outdoor cooking fire. IFC Section 307.2 is deleted and replaced with:
An outdoor cooking fire shall be allowed without authorization by
the Code Official.
I.
Bonfires. IFC Section 307.4.1 is deleted and replaced with: Bonfires.
Bonfires are prohibited within the Allouez Village limits.
J.
Recreational fires. IFC Section 307.4.2 is deleted and replaced with:
Recreational fires. All recreational fires shall comply with the following
requirements: [Amended 3-19-2019 by Ord. No. 2019-03]
Firewood. Wood shall not be considered rubbish where it is stored
for residential use under the terms and conditions of this section.
Front yard storage. No firewood shall be permitted in a front
yard as defined at subsection.[1]
Rear and side yard storage. Firewood may be stored in a side
or rear yard only in the following manner:
Stacking. All firewood shall be ranked and well stowed, with
due regard to stability.
Height. Firewood stacks shall not be in excess of four feet
in height unless such stack is adjacent to and amply supported by
a fence or structure. Where the firewood is so supported, the stack
shall not be excess of six feet.
Setback. No firewood shall be permitted within four feet of
an adjoining property line, unless the firewood is stored in a box,
building or privacy fence and not causing water drainage problems.
(1)
No recreational fire shall be closer than 15 feet to any building,
structure, shed, garage, tree, shrub, bush, fence, or any other combustible
material. No recreational fire shall be kindled or maintained on any
public street, highway, sidewalk, or terrace.
(2)
All recreational fires shall be in a below-ground fire pit with a
minimum depth of four inches and a maximum diameter or three feet,
zero inches (36 inches) or in a portable (Weber-type) device that
is placed upon a noncombustible surface and secured. The fire may
not extend more than four feet above the ground at any time. Burning
must be contained within the fire pit enclosure at all times. All
below-ground fire pits shall be surrounded on the outside, above ground,
by a noncombustible material such as concrete block, rock, or metal.
(3)
No recreational fire shall be started when the fire will cause smoke,
combustibles, or other materials to be carried by the wind toward
any building or other combustible or flammable materials. Smoke from
any recreational fire shall not create a nuisance for neighboring
property owners.
(4)
Materials for recreational fires shall not include rubbish, garbage,
recyclable items, trash, yard waste, or any materials made of or coated
with rubber, plastic, leather, or petroleum-based materials and shall
not contain any flammable or combustible liquids.
(5)
Adequate fire-suppression equipment shall be present to extinguish
or control the recreational fire at all time. Adequate fire-suppression
equipment shall consist of shovels, fire extinguishers, water hoses,
or other like equipment sufficient to extinguish the fire if necessary.
(6)
All recreational fires shall be attended at all times by at least
one responsible person of age 18 or older until the fire is completely
extinguished.
(7)
It shall be the duty of any renter or lessee at a multifamily dwelling
to notify and obtain written permission from the property owner prior
to initiating any recreational fire.
(8)
Citations may be issued for failure to comply with the above regulations.
[1]
Editor's Note: So in original.
K.
Open flames. The following requirements are in addition to the requirements
in IFC Section 308:
(1)
Negligent handling. The negligent handling of burning material is
prohibited.
(2)
Except as provided in Subsection K(2)(a) through (f), the use of open flame fixtures in public buildings and places of employment is prohibited.
(a)
Open flame candles or open flame fixtures may be used in churches,
fraternal lodges and other buildings as part of a religious, fraternal
or ceremonial ritual.
(b)
Candles may be used in restaurants, supper clubs and similar
occupancies provided the candle is enclosed on all sides with glass
or similar noncombustible material and the enclosure extends at least
one inch above the tip of the flame.
(c)
Open flame candles and open flame fixtures may be used in the
seating areas of public assembly buildings provided the following
conditions are satisfied:
[1]
The stand upon which the candle is placed is a nontipping weighted
stand or is securely attached to the end of fixed seating in at least
two places.
[2]
The base of the candle is at least 78 inches from the floor.
[3]
The candle is guarded on top and sides at all times.
[4]
The aisle where the candles are placed is at least five feet
wide.
(d)
Open flame food warming candles may be used in restaurants,
supper clubs and similar occupancies.
(e)
Decorative or other lights, which are fueled by flammable or
combustible liquids, may be used provided they are self-extinguishing.
L.
Fire apparatus access roads.
(1)
Surface
of fire apparatus access roads. The following requirements are in
addition to the requirements in IFC Section 503.2.3: Fire lanes shall
be designed to support the imposed loads of fire apparatus and shall
be constructed of asphalt or concrete.
(2)
Grade
of fire apparatus access roads. The following requirements are in
addition to the requirements in IFC Section 503.2.7: The grade shall
not exceed a slope of 8%.
M.
Fire protection water supply and fire hydrants. The following requirements
are in addition to the requirements in IFC Section 507.1:
(1)
Private fire hydrants and water mains shall be installed in accordance
with NFPA 24 and the Village of Allouez Standard Specifications for
Public Works Construction, Section 702.5. Private fire hydrants and
water mains shall be maintained in accordance with NFPA 25.
(2)
Plans shall be submitted to the Chief for review prior to the installation
of private fire service mains and fire hydrants.
(3)
All portions of the exterior walls of newly constructed public buildings
and places of employment and open storage of combustible materials
shall be within 500 feet of at least two fire hydrants. Hydrant spacing
shall not exceed 500 feet between any two hydrants. One- and two-family
dwellings shall be within 500 feet of at least one fire hydrant. On
new streets hydrants shall be located at the intersections and the
end of dead-end streets. Distances shall be measured along the path
of the hose lay. Hydrants are not required in locations that are not
accessible to fire apparatus. Private fire hydrants shall not be located
in the public right-of-way. Hydrant requirements in accordance with
this standard may be met with existing public or private hydrants.
The Chief may approve alternative locations and spacing of fire hydrants
provided hydrants meet the fire suppression tactical needs of the
Fire Department.
(4)
Fire hydrants shall not be located within 40 feet of any building.
Fire hydrants shall be no more than 10 feet and no less than five
feet from the curb or edge of the street or fire apparatus access.
Fire hydrants located in parking lot islands shall be a minimum of
3.5 feet from the center of the hydrants to the curb. Alternative
setback distances may be considered by the Chief when site conditions
conflict with the provisions of this subsection.
(5)
Minimum flow and system design.
(6)
Whenever the location of a fire hydrant may be obscured by its placement,
or due to the placement of a building, structure, fencing, grade of
land, vegetation, snow accumulation or other obstruction of vision,
the Chief may require such fire hydrants to be identified and marked
with above-grade markers. Above-grade markers are any devices, approved
for use by the Chief, designed to promote and enhance the ready identification
of fire hydrant locations.
(7)
No obstructions, including but not limited to power poles, trees,
bushes, fences or posts, may be located within 10 feet of a fire hydrant.
Grade changes exceeding 1.5 feet are not permitted within 10 feet
of a fire hydrant or hydrant lead. Owners shall remove snow, vegetation
or other material that has covered or obscured the view of the hydrant(s)
on their property.
(8)
Fire hydrants shall be installed and in service prior to proceeding
above the footing and foundation.
(9)
Private fire hydrants and water systems placed out of service or
made inoperable for maintenance, repair or construction shall be covered
with a durable and weather-resistant bag to indicate the hydrant is
not usable. The Fire Prevention Division (448-2806) shall be immediately
notified when hydrants and/or systems are out of service. Fire hydrants
and/or water systems shall be repaired and returned to service within
48 hours except as otherwise approved by the Chief.
N.
Mechanical refrigeration. IFC Section 606 is deleted from this article.
O.
Decorative vegetation. The following requirements are in addition
to the requirements in IFC Section 806.1.1: The requirements of IFC
Section 806.1.1 do not apply to natural cut seasonal holiday trees
from November 1 through January 15 where trees are maintained in a
manner acceptable to the Fire Chief.
P.
Automatic sprinkler systems. IFC Section 903.3.7 is added: Multiple
Fire Department connections. Where multiple Fire Department connections
are provided for sprinkler or standpipe systems on the same structure
all such systems shall be interconnected in accordance with NFPA 14.
Q.
Fire alarm and detection systems. Exceptions from IFC Sections 907.2.1,
907.2.2, 907.2.3(2), 907.2.4, 907.2.7 and 907.4.1 eliminating the
need for manual pull stations are deleted.
R.
Zone map. IFC Section 907.7.3.1.1 is added: A map showing the locations
for all devices in a system shall be provided at the control panel
and any remote annunciator panels. The zone map shall be plotted on
a building layout showing each floor independently. The map shall
be displayed in a manner approved by the Chief.
S.
Notification. IFC Section 907.8.4 is added: The installing contractor
shall notify the Code Official of all required testing at least 48
hours in advance. The Code Official may require all testing to be
witnessed by a member of the Fire Department.
T.
Smoke detectors. The following note is added to IFC 907.20.5: Section
101.145(3)(b) and (c), Wis. Stats., address maintenance of smoke detectors
in residential buildings.
U.
Explosives and fireworks. IFC Section 3301.1.3, Exception (4), is
deleted and replaced with: The possession, storage, sale, handling,
and use of caps (less than 1/4 grain of explosive mixture), toy snakes
(without mercury), sparklers (not exceeding 0.25 inch outside diameter
and 36 inches in length), paper confetti or streamer devices (less
than 1/4 grain of explosive mixture), noise makers not exceeding three
grams (without explosion, spark, or external flame), a fuseless device
that is designed to produce audible or visible effects (or audible
and visible effects) and contains less than 1/4 grain of explosive
mixture. This is not an all-inclusive list but is meant to limit fireworks
to those items that do not leave the ground and/or use explosives
larger than 1/4 grain other than those type of items listed in this
section.
Any person who violates any provision of this article shall,
upon conviction, forfeit not less than $1 nor more than $10,000 for
each violation, together with the costs of prosecution, and in default
of the payment thereof shall be imprisoned in the county jail not
to exceed 90 days or until such forfeiture and costs are paid. Each
violation and each day a violation continues or occurs shall constitute
a separate offense. This section shall not prevent the Village from
maintaining any appropriate action to prevent or remove a violation
of this article.
