[HISTORY: Adopted by the Common Council of the City of Monona as Title 5, Ch. 2, of the 1994 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fires and fire prevention — See Ch. 232.
A. 
Pursuant to § 62.13(8)(a), Wis. Stats., the City of Monona Fire Department is officially recognized as the provider of the essential services of fire protection and emergency medical care to the people that live, work or travel through the City of Monona. The Department also provides service to those communities that reciprocally provide mutual aid to Monona. The contemporary duties expected of a fire department include but may not be limited to paramedic-level emergency care and transportation, fire prevention inspections, public fire and safety education, fire suppression, first responder first aid and defibrillation, transportation accidents, construction accidents and industrial accidents, and assistance to law enforcement, as well as operations at natural and man-made disasters. The duties of the Fire Department need to stay current with the needs of a dynamic community.
B. 
The Fire Department shall be in charge of firefighting and emergency care where fires, emergency medical incidents, accidents or disasters threaten life and/or property and those duties related to the performance of this service within the City.
C. 
Unless the context requires otherwise, all references in this Code to the "Fire Department" or "Department" shall mean the City Fire Department and include the provision of emergency medical care and other rescue services where life(s) is threatened.
The Department is comprised of a combination of full-time, part-time and paid-on-call personnel. The Department shall have a Fire Chief as well as other officers and personnel as determined by the Common Council, which shall be appointed by the Fire Chief subject to approval by the Police and Fire Commission and subject to the day-to-day command authority of the Fire Chief.
The Department shall receive the funding necessary to provide service as determined by the Common Council. The Common Council shall also establish the level of compensation for all personnel assigned to the Department.
The organization and internal regulation of the Department shall be governed by the provisions of this chapter and by such rules, regulations, standard operating procedures and guidelines as adopted by the Department and approved by the Police and Fire Commission. The Department shall consist of no less than 22 active members, unless otherwise determined by the Common Council.
A. 
Any person desiring to be a member of the Fire Department may file with the Fire Chief an application in such form as the Department may require.
B. 
All resignations from the Department shall take the same course as applications for and appointments to membership.
A. 
Appointment. The Police and Fire Commission shall appoint the Fire Chief, who shall hold his or her office subject to suspension or removal by the Board for cause. The Fire Chief shall have command of the Fire Department in accordance with state statutes and report to the Mayor. The Fire Chief shall see that all City ordinances and all state laws relating to fire protection in the City are enforced and that the required inspections are made. The Fire Chief shall be responsible for the efficiency of the Fire Department and all members working under his/her direction.
B. 
Filling of vacancy in office.
(1) 
A vacancy in the office of Fire Chief shall be filled by the Police and Fire Commission. Other officers shall be chosen in the manner provided by the Department Administrative Standard Operating Guidelines (SOG). Upon creation of a vacancy in the office of Fire Chief, the ranking officer shall perform the duties of the Fire Chief until such vacancy has been filled.
(2) 
Upon appointment, the Fire Chief shall immediately assume office and shall hold office until his or her successor is appointed. The Fire Chief shall reside within 15 miles of the City.
C. 
General supervision. The Fire Chief shall have the responsibility of overall supervision of the Department and personnel assigned to the Department, which shall be subject to and not to conflict with this chapter. The Fire Chief shall be responsible for all activities within the Department, as well as the personnel, Department budget and general efficiency of the Department. The Fire Chief shall perform such other duties as are usually incumbent upon the commanding officer of a fire department and as are detailed in the job description for this position.
D. 
Presiding officer. The Fire Chief or a designee shall preside at all meetings of the Department, call special meetings, preserve order, decide all points of order that may arise and enforce a rigid observance of this chapter.
E. 
Command responsibility. The Fire Chief shall have command of and entire responsibility for all firefighting operations, shall plan the control of the same, direct the action of the Department when at a fire, shall grant leaves and/or release personnel and equipment from the scene of an emergency when appropriate. In the absence of the Fire Chief, the next highest ranking officer or, in the absence of an officer, the most senior member of the Department shall be in charge and shall have the same authority and responsibility at incidents as the Fire Chief.
F. 
Department report. The Fire Chief shall submit a written report to the Council each month relating to the condition of the various pieces of apparatus and appurtenances, the number of fires occurring since the previous report, the date of same and loss occasioned thereby, the total number of active members in the Department and resignations and expulsions from the Department. The Fire Chief shall also report upon the drill and training program of the Department, together with other pertinent information, including recommendations of such improvements as he/she deems proper and necessary for the operation of the Department.
G. 
Enforcement of fire prevention laws. The Fire Chief or his/her designee shall enforce all fire prevention ordinances of this City and state laws and regulations pertaining to fire prevention and shall keep citizens informed of fire prevention methods and of the activities of the Department.
H. 
Additional duties. The Fire Chief shall perform such other duties as are incumbent on the commanding officer of the Fire Department.
A. 
Legal custodian. The Fire Chief is the legal custodian of the reports, records and property within the Department.
B. 
Fire reports. Per § 101.141, Wis. Stats., the Department shall maintain a record of all fires. The Department shall participate in the Wisconsin Fire Reporting System, supplying data collected to the Department of Safety and Professional Services. Fire reports shall be maintained a minimum of seven years.
A. 
Pursuant to § 213.095, Wis. Stats., the Fire Chief or other officer acting as the incident commander at the scene of a fire, emergency medical call or other emergency where the Department has been called to perform service to persons or property shall have the authority to do the following:
(1) 
Suppress any disorder and order all individuals or companies to leave the neighborhood of any fire, emergency medical incident or other emergency.
(2) 
Command from the inhabitants of the City all necessary assistance for the suppression of fires and the preservation of property exposed to fire and the necessary assistance for rendering aid during an emergency medical incident or other emergencies.
(3) 
Enter any property or premises to do whatever may be reasonably necessary in the performance of the officer's duties while engaged in the work of extinguishing any fire or performing any duties incidental thereto and/or while engaged in the work of aiding persons or minimizing the loss to property at an emergency medical incident or other emergency.
B. 
The incident commander conducting operations in connection with the extinguishment and control of any fire, explosion or other emergency shall have the authority to direct all operations of fire extinguishment or control and to take the necessary precautions to save life, protect property, and prevent further injury or damage. During such operation, including the investigation of the cause of such emergency, the incident commander shall be permitted to control or prohibit the approach to the scene of such emergency by any vehicle, vessel or person.
C. 
No person shall obstruct the operations of the Department in connection with extinguishing or control of any fire or actions relative to other emergencies or disobey any lawful command of the incident commander in charge of the emergency or any part thereof or any lawful order of a police officer assisting the Department.
D. 
The incident commander in charge of an emergency scene shall have the authority to establish barriers to control access in the vicinity of such emergency and to place, or cause to be placed, ropes, guards, barricades, or other obstructions across any street or alley to delineate such emergency scene barrier. No person, except as authorized by the incident commander in charge of the emergency or his or her designee, shall be permitted to cross such barriers.
E. 
The incident commander in charge of an emergency scene shall have the authority to have property damaged by fire or other emergency barricaded or otherwise protected from persons or the elements. The expense of such preventative action shall be borne by the property owner.
A. 
The Fire Chief shall have control of all apparatus used by the Department and shall be responsible for its proper maintenance. Emergency repairs may be authorized by the Fire Chief.
B. 
No person shall willfully damage or injure in any manner, or interfere with the operation of, any hose, hydrant or fire apparatus belonging to the City, 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.
C. 
If a person or organization requests a dedicated firefighting apparatus for an event, or such apparatus is otherwise required for such event, the requester or event organizer shall be charged a fire apparatus standby fee in an amount established by the Public Safety Committee. The fee shall be paid at least five days prior to the event.
[Added 10-16-2017 by Ord. No. 10-17-691]
Fire Chief to be a Deputy of the Department of Safety and Professional Services. Pursuant to § 101.14, Wis. Stats., adopted herein, the Fire Chief is a Deputy of the Department of Safety and Professional Services. The Fire Chief is responsible for the enforcement of the state codes adopted within this chapter.
A. 
The Fire Chief shall hold the office of Fire Inspector, with power to appoint one or more Deputy Fire Inspectors, who shall perform the same duties and have the same powers as the Fire Inspector.
B. 
The Fire Inspector shall inspect or cause to be inspected semiannually all buildings, including their premises, designed for occupancy by more than two families, and all buildings, premises and public thoroughfares open to the public within the City limits for the purpose of noting and causing to be corrected any conditions liable to cause fire. The Inspector shall also investigate the storage and handling of explosives and flammable liquids within the City.
C. 
Whenever in the City any inspection of the Fire Inspector or his/her deputies reveals a fire hazard, the Fire Inspector or his/her deputies shall serve a notice in writing upon the owner of the property to correct the hazard within a reasonable period of time. If the fire hazard is not removed within the time allowed, it shall constitute a nuisance. The Fire Inspector or a deputy may have the same removed, and the cost of such removal may be recovered in an action against the owner of the property and shall be a lien against such property. Such owner shall in addition be subject to forfeiture under § 1-4 of this Code for each fire hazard.
D. 
The Fire Inspector shall keep a written record on each property inspected, which record shall conform to the requirements of the Department of Safety and Professional Services, and shall make the report of inspections required by the Department.
E. 
No person shall deny the Fire Inspector or any deputies free access to any property within the City at any reasonable time for the purpose of making fire inspections (one- and two-family dwellings are exempt). No person shall hinder or obstruct the Fire Inspector or any deputies in the performance of their duties or refuse to observe any lawful direction given by them.
F. 
Special inspection warrant. If consent for entry to personal or real properties which are not public buildings or to portions of public buildings which are not open to the public has been denied, the Fire Inspector shall obtain a special inspection warrant under § 66.0119, Wis. Stats.
G. 
Correction of hazards. At such time as the Fire Inspector identifies a violation or fire hazard, the Fire Inspector shall serve notice in writing upon the owner of the property, giving such owner a reasonable time in which to remove the hazard. However, where an extreme or hazardous condition exists which, for the protection of the public, must be corrected or removed immediately, the Fire Inspector shall have the authority to take such steps as may be necessary to protect the public and property, including closing and the vacating of a building, structure or premises. If the owner fails to comply with the order to correct the hazard within the time allowed, it shall constitute a nuisance. The Fire Inspector shall also have the authority to take such steps as may be necessary, including obtaining appropriate court orders, to enforce any order of the Fire Inspector correcting a hazardous or potential fire condition. The Fire Inspector may also have a hazard corrected or removed by the City. The cost of such correction or removal shall be recovered by the City against the property owner and may be entered in the tax roll as a special charge against the property.
H. 
Compliance. No building or structure or any part of a building or structure, land, water or air space within the City shall be used or occupied, and no building or structure within the City shall be constructed, placed, moved, extended, reconstructed, structurally altered or repaired or converted to a new use, and no site development work shall be conducted in the City, except in full compliance with this chapter, Chapter 232, Fires and Fire Prevention, all other applicable City ordinances and codes, all applicable decisions, orders, permits and other approvals made or issued pursuant thereto, and all other applicable federal, state or local laws, statutes, ordinances, rules or regulations.