No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Trempealeau 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.
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 or any hydrant to which a fire hose
may be, or may be about to be, attached.
[Amended 9-5-1995; 3-5-2001]
A. Purpose. This section is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Village of Trempealeau due
to the air pollution and fire hazards of open burning, outdoor burning
and refuse burning.
B. Applicability. This section applies to all outdoor burning and refuse
burning within the Village of Trempealeau, Wisconsin.
(1) This section does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
(2) This section does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in Subsection
D of this section.
(3) This section does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
C. Definitions. As used in this section, the following terms shall have
the meaning indicated:
CAMPFIRE
A small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of waste wood or refuse.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated
with a similar material, has not been pressure-treated with preservatives
and does not contain resins or glues as in plywood or other composite
wood products.
CONFIDENTIAL PAPERS
Printed material containing personal identification or financial
information that the owner wishes to destroy.
FIRE CHIEF
The Chief of the Trempealeau-Caledonia Fire Department or
other person authorized by the Fire Chief.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
OUTDOOR WOOD-FIRED FURNACE
A wood-fired furnace, stove or boiler that is not located
within a building intended for habitation by humans or domestic animals.
REFUSE
Any waste material except clean wood.
D. General prohibition on outdoor burning and refuse burning. Open burning,
outdoor burning and refuse burning are prohibited in the Village of
Trempealeau unless the burning is specifically permitted by this section.
E. Materials that may not be burned.
(1) 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.
(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, except used oil burned in a heating device
for energy recovery subject to the restrictions in Chapter NR 590,
Wisconsin Administrative Code.
(4) Asphalt
and products containing asphalt.
(5) 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.
(6) Any
plastic material, including but not limited to nylon, PVC, ABS, polystyrene
or urethane foam, and synthetic fabrics, plastic films and plastic
containers.
(7) Rubber,
including tires and synthetic rubberlike products.
(8) Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with the Recycling Ordinance, except as provided in Subsection
J of this section.
F. Burning
leaves, brush, clean wood and other vegetative debris. Open burning
of leaves, weeds, brush, stumps, clean wood other vegetative debris
is allowed only in accordance with the following provisions:
(1) All
allowed open burning shall be conducted in a safe, nuisance-free manner,
when wind and weather conditions are such as to minimize adverse effects
and not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations.
(2) Except
for barbecue, gas and charcoal grills, no open burning shall be undertaken
during periods when either the Fire Chief or the Wisconsin Department
of Natural Resources has issued a burning ban applicable to the area.
(3) Open
burning shall be conducted only on the property on which the materials
were generated or at a facility approved by and in accordance with
provisions established by the Department of Natural Resources and
the Fire Chief.
(4) Unless
explicitly allowed elsewhere in this section, a commercial enterprise
other than an agricultural or silvicultural operation may open burn
only at a facility approved by and in accordance with provisions established
by the Department of Natural Resources and the Fire Chief.
(5) Open
burning of weeds or brush on agricultural lands is allowed if conducted
in accordance with other applicable provisions of this section.
(6) Fires
set for forest, prairie or wildlife habitat management are allowed
with the approval of the Department of Natural Resources.
(7) Outdoor
campfires and small bonfires for cooking, ceremonies or recreation
are allowed, provided that the fire is confined by a control device
or structure such as a barrel, fire ring, or fire pit. Bonfires are
allowed only if approved by and in accordance with provisions established
by the Fire Chief.
(8) Burning
of trees, limbs, stumps, brush or weeds for clearing or maintenance
of rights-of-way is allowed if approved by the Fire Chief and if in
accordance with other provisions of this section.
(9) In
emergency situations, such as natural disasters, burning that would
otherwise be prohibited is allowed if specifically approved by the
Department of Natural Resources.
(10) Open burning under this section shall be conducted in accordance with Subsection
J of this section.
(11) Open
burning under this section shall only be conducted at a location at
least 100 feet from the nearest building which is not on the same
property.
(12) Except
for campfires and permitted bonfires, open burning shall only be conducted
on the following days and within the following hours: Tuesdays and
Thursdays, 4:00 p.m. to 8 p.m., and Saturdays, 8:00 a.m. to 10:00
a.m. All fires shall by extinguished by the end of the burning period.
(13) Open
burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire-extinguishing equipment as may be necessary for the total control
of the fire.
(14) No
materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or water body.
(15) Except
for barbecue, gas and charcoal grills, no burning shall be undertaken
within 25 feet from any combustible material, combustible wall or
partition, exterior window opening, exit access or exit unless authorized
by the Fire Chief.
(16) No
open burning may be conducted on days when the Department of Natural
Resources has declared an air quality watch.
G. Burn barrels. No person shall use or maintain a burn barrel in the
Village of Trempealeau.
H. Outdoor
wood-fired furnaces. An outdoor wood-fired furnace may be installed
and used in the Village of Trempealau only in accordance with the
following provisions:
(1) The
outdoor wood-fired furnace shall be installed and used pursuant to
§ 520-102M.
(2) The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in Subsection
E of this section.
I. Fire Department practice burns. Notwithstanding Subsections
D and
E of this section, the Trempealeau-Caledonia Fire Department may burn a standing building if necessary for firefighting practice and if the practice burn complies with the requirements of the Department of Natural Resources.
J. Exemption
for burning certain papers.
(1) Notwithstanding Subsection
E(8) of this section, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this section.
(2) Small
quantities of confidential papers from a residence may be burned if
necessary to prevent the theft of financial records, identification
or other confidential information.
(3) Confidential
papers from a commercial enterprise shall be shredded or destroyed
in a manner other than burning.
(4) A fire set for burning of a small quantity of confidential papers shall be subject to and comply with Subsection
F(1) through
(3),
(6) and
(11) through
(15) of this section.
K. Special
burning permits.
(1) No
person shall start or maintain any open burning with a total area
exceeding 100 square feet without a burning permit issued by the Fire
Chief.
(2) An
outdoor campfire does not require a permit, provided that the fire
complies with all other applicable provisions of this section.
(3) When
weather conditions warrant, the Fire Chief or the Department of Natural
Resources may declare a burning moratorium on all open burning and
temporarily suspend previously issued burning permits for open burning.
(4) A burning
permit issued under this section shall require compliance with all
applicable provisions of this section and any additional special restrictions
deemed necessary to protect public health and safety.
(5) Any
violation of the conditions of a burning permit shall be deemed a
violation of this section. Any violation of this section or the burning
permit shall void the permit.
L. Liability.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire-suppression costs and any other liability resulting from
damage caused by the fire.
M. Right of
entry and inspection. The Fire Chief, Police Chief or Police Officer,
or any authorized officer, agent, employee or representative of the
Village of Trempealeau who presents credentials may inspect any property
for the purpose of ascertaining compliance with the provisions of
this section. Note: If the owner or occupant of the premises denies
access to the property for this purpose, a special inspection warrant
may be obtained in accordance with §§ 66.122 and 66.123,
Wis. Stats.
N. Violations
and penalties.
(1) The
Fire Chief and Police Chief are authorized to enforce the provisions
of this section.
(2) The penalty for violation of any portion of this section shall be in accordance with §
1-4 of this Code.
The Village of Trempealeau will continue to accept the public
fire protection charge from the Water Utility. This charge will be
passed onto the customers through the tax roll, as is the current
method, instead of as an increase to customers' water rates.
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 amended, are incorporated
herein by reference and adopted as part of this fire prevention chapter:
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 361 to 365, Commercial Building Code
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Wisconsin Electrical Code
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