[HISTORY: Adopted by the Town Board of the Town of Lowell 4-1-2004 as Title 5, Ch. 2, of the 2004 Code of Ordinances. Amendments noted where applicable.]
It is the intent of this chapter to prescribe regulations consistent with recognized standard practice for the safeguarding to a reasonable degree of 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 and property in the use or occupancy of buildings or premises.
A. 
The following Orders, Rules and Regulations of the Wisconsin Department of Safety and Professional Services (formerly the Department of Industry, Labor and Human Relations), 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:
(1) 
Ch. SPS 307, Explosive Materials.
(2) 
Ch. ATCP 93, Flammable and Combustible Liquids.
(3) 
Ch. SPS 314, Fire Protection.
(4) 
Ch. SPS 316, Electrical.
(5) 
Ch. SPS 320 to 325, Uniform Dwelling Code.
(6) 
Ch. SPS 328, Smoke Detectors.
(7) 
Ch. SPS 330, Fire Department Safety and Health.
(8) 
Ch. SPS 343, Anhydrous Ammonia Code.
(9) 
Chs. SPS 361 to 366, Commercial Building Code.
(10) 
Ch. COMM 70, Historic Building.
(11) 
Ch. SPS 375 to 379, Buildings Constructed Prior to 1914.
(12) 
Wisconsin Electrical Code.
The provisions of this chapter shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of this chapter shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property.
Whenever any of the officers, members, or inspectors of the Fire Department shall find any building or upon any premises dangerous or hazardous conditions as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified in said order:
A. 
Dangerous or unlawful amounts of combustible or explosive matter.
B. 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive matter.
C. 
Dangerous accumulations of rubbish, wastepaper, boxes, shavings, or other highly flammable materials.
D. 
Accumulations of dust or waste material in air-conditioning systems or of grease in kitchen exhaust ducts.
E. 
Obstructions to or on fire escapes, stairs, passageways, door, or windows liable to interfere with the operation of the Fire Department or egress of occupants in case of fire.
F. 
Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other exit facilities, 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 fire hazard or a threat to life and safety.
A. 
The service of such orders as mentioned in § 160-4 may be made upon the owner, occupant, or other person responsible for the conditions, either by delivering a copy of the same personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with the said person a copy of the said order or, if the owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address.
B. 
If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of the chapter shall apply to the occupant thereof, except where the rules or orders require the making of such additions to or changes in the premises themselves, such as would immediately become real estate and be the property of the owner of the premises; in such cases, the rules or orders shall affect the owner and not the occupant unless it is otherwise agreed between the owner and the occupant.
A. 
The Fire Department serving the Town of Lowell shall investigate the cause, origin, and circumstances of every fire occurring in the Town which is of suspicious nature or which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged. Such investigations shall be begun immediately upon the occurrence of such a fire by the fire officer in whose district the fire occurs, and if it appears that such fire is of suspicious origin, the Chief of the Fire Department shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case.
B. 
Appropriate law enforcement agencies, upon request of the Chief of the Fire Department, may assist in the investigation of any fire which, in the opinion of the Chief of the Fire Department, is of suspicious origin.
A. 
Declarations of emergency. When there occurs a lack of precipitation, there may exist an extreme danger of fire within the Town of Lowell. This extreme danger of fire affects the health, safety, and general welfare of the residents of the Town of Lowell 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 Town during said emergency.
B. 
Regulation of fires, burning materials, and fireworks. When a burning state of emergency is declared, it may be ordered that a person may not:
(1) 
Set, build, or maintain any open fire, except:
(a) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves on private property; or
(b) 
Charcoal grills using charcoal briquettes, gas grills, or camp stoves in Town parks placed at least 20 feet away from any combustible vegetation.
(2) 
Throw, discard, or drop matches, cigarettes, cigars, ashes, charcoal briquettes 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 Town where adequate fire prevention measures have been taken.
C. 
Period of emergency. Burning emergencies shall become effective upon the time and date of the Town Chairperson or Dodge County Board 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 Town Board or, when applicable, the Dodge County Board.