[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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
(3) 
All laws and lawful orders of the State of Wisconsin relating to conditions as described in Subsection A(2) now or hereafter in effect. They shall have the same force and effect as though fully set forth herein.
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:
APPROVED
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.
AUTOMATIC SPRINKLER SYSTEM
Has the meaning given in § 145.01(2), Wis. Stats.
CHIEF
The Fire Chief for Green Bay Metro Fire.
CODE OFFICIAL
The Fire Chief for Green Bay Metro Fire, fire prevention officer, code enforcement official, or any duly authorized representative of Green Bay Metro Fire.
DIVISION
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.
EC and ICC ELECTRICAL CODE
Chapter SPS 316, Wis. Adm. Code.
FIRE DEPARTMENT
Green Bay Metro Fire.
IBC and INTERNATIONAL FIRE CODE
Chapters SPS 361 and 362, Wis. Adm. Code.
IFC
The International Fire Code as adopted and amended by this article.
IFGC INTERNATIONAL FUEL GAS CODE
Chapter SPS 365, Wis. Adm. Code.
IMC and INTERNATIONAL MECHANICAL CODE
Chapter SPS 364, Wis. Adm. Code.
INSPECTOR
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.
IPC and INTERNATIONAL PLUMBING CODE
Chapters SPS 381 to 387, Wis. Adm. Code.
JURISDICTION
The corporate limits of the Village of Allouez.
MULTIFAMILY DWELLING
As defined in § 101.971(2), Wis. Stats.
MUNICIPALITY
A city, village or town.
ONE- AND TWO-FAMILY DWELLING
As defined for "dwelling" in § 101.61(1), Wis. Stats.
OUTDOOR COOKING FIRE
Any fire in a grill that is fueled by charcoal or propane (LP gas).
RECREATIONAL FIRE
Any fire such as a campfire for the purpose of recreation and personal enjoyment.
SMOKING
Includes carrying a lighted pipe, cigar, cigarette, or tobacco in any form.
SPS, SAFETY AND PROFESSIONAL SERVICES or DEPARTMENT
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:
(1) 
General. All open burning is prohibited within the Allouez Village limits, except as approved by the Code Official or in accordance with § 234-11H.
(2) 
Note. All training fires, by Green Bay Metro Fire, shall comply with the most current edition of NFPA 1403, Standard on Live Fire Training.
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.
(9) 
The property owner, renter, or lessee shall be held liable for any damage caused by any recreational fire, including the cost of any citations.[2]
[2]
Editor's Note: Former Subsection J(10), regarding registration of recreational fires, was repealed 6-2-2020 by Ord. No. 2020-03.
[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.
(f) 
The use of open flames other than those uses specified in Subsection K(2)(a) through (e) shall be subject to the approval of the Code Official.
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.
(a) 
All hydrants shall be positioned so the largest outlet faces the street or fire lane.
(b) 
The center of the lowest outlet cap of fire hydrants shall be at least 18 inches above grade and not more than 24 inches above grade.
(c) 
Fire hydrants shall be red in color.
(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.