[HISTORY: Adopted by the Common Council of the City of Jefferson 8-6-2002 by Ord. No. 7-02 as §§ 9.03, 9.04, 9.09, 9.21, 9.26, 9.35, 14.03 and 14.04 of the 2002 Code. Amendments noted where applicable.]
[Amended 9-17-2024 by Ord. No. 8-24]
The most current edition of the National Fire Protection Association Codes and Standards is hereby adopted by reference and made part of Chapter 139.
[Amended 10-18-2005 by Ord. No. 17-05]
The Flammable and Combustible Liquids Code, Ch. COMM 10, Wis. Adm. Code, is hereby adopted by reference as a part of this chapter, and it shall be the duty of the Building/Zoning Inspector and Fire Chief to enforce the provisions thereof.
A. 
Grass fires regulated. No person shall kindle any grass fire within the City without first securing a written permit from the City Clerk/Treasurer, who shall issue such permit only upon approval of and subject to any conditions for the protection of life and property imposed by the Fire Chief.
B. 
Trash burning restricted. No person shall kindle or cause to be kindled any fire in or upon a street, alley, public way, park or any public or private ground within the City within 25 feet of any building or within any fire lane unless the same is confined within a wire refuse burner, basket, or metal enclosure with a cover attached to prevent the escape of sparks and burning material. There shall be no burning of grass, trash, or other materials between 8:00 a.m. and 3:00 p.m. on Monday through Friday of each week, and no fires are to be kindled after sundown on any day.
C. 
Garbage burning prohibited. There shall be no burning of garbage at any time.
A. 
Every person using, storing, handling or transporting flammable or combustible liquids, chemicals, gasses or other hazardous materials, as defined in Ch. COMM 10, Wis. Adm. Code, shall comply with the requirements of Ch. COMM 10, Wis. Adm. Code, as the same is now in force and may hereafter from time to time be amended.
B. 
Every person using, storing, handling or transporting (whether by rail or on the highways) flammable or combustible liquids, chemicals, gasses or other hazardous materials shall be liable to the City for the actual cost of labor and materials associated with the use of any specialized extinguishing agent, chemical, neutralizer or similar material or equipment employed to extinguish, confine, neutralize, contain or clean up any such hazardous material which is involved in any fire or accidental spill or in the threat of any fire or accidental spill.
[Added 5-1-2007 by Ord. No. 5-07]
A. 
The following structures shall be equipped with a Knox Box at or near the main entrance or such other location required by the Fire Chief:
(1) 
Commercial or industrial structures protected by an automatic alarm system or automatic suppression system or such structures that are secured in a manner that restricts access during an emergency.
(2) 
Multifamily residential structures that have restricted access through locked doors and have a common corridor for access to the living units.
(3) 
Governmental structures and nursing care facilities.
B. 
All newly constructed structures subject to this section shall have the Knox Box installed and operational prior to the issuance of an occupancy permit. This section does not apply to permits pulled prior to the date of adoption.
C. 
The Fire Chief shall designate the type of Knox Box system to be implemented within the City and shall have the authority to require all structures to use the designated system.
D. 
The owner or operator of a structure required to have a Knox Box shall at all times keep a key in the lock box that will allow for access to the structure.
E. 
The Fire Chief shall be authorized to implement rules and regulations for the use of the Knox Box system.
F. 
Any person who owns or operates a structure subject to this section shall be subject to the penalties set forth in § 139-8 of this chapter for any violation of this section.
A. 
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, Article I of this Code.
B. 
In addition to the penalty provided in Subsection A above, any person who shall damage public property shall be liable for the costs of repairing or replacing such property. The parent of an unemancipated child who causes damage to public or private property shall be liable for the cost thereof pursuant to § 895.035, Wis. Stats.
C. 
In addition to the penalty provided in Subsection A above, a juvenile may be subject to the dispositions and sanctions as provided in Chapter 1, § 1-6 of this Code.
[Added 9-16-2008 by Ord. No. 15-08]
A. 
At the adoption of this code, all CBRF's, adult family homes, adult day-care centers and child day-care centers (group) will be inspected no less than once a year by the Fire Department. Courtesy fire inspections are recommended for all family child day-cares. This inspection will be in addition to any and all commercial premises located within the City of Jefferson. This section exempts any and all premises/facility owned by a governmental body from the requirements of payments of fees.
B. 
Furthermore, at the adoption of this code, all other buildings subject to the Wisconsin Commercial Building Code require an annual inspection and be subject to the fee set annually by the Common Council in the Schedule of Fees.[1]
[1]
Editor's Note: Said schedule is on file in the City offices.
[Added 9-16-2008 by Ord. No. 15-08]
A. 
An annual fire inspection fee shall be charged to the property owner for required inspections of each building, structure, and premises.
(1) 
Reinspections.
[Added 1-4-2011 by Ord. No. 14-10]
(a) 
If it becomes necessary to reinspect a premises due to violations noted in the annual inspection, the property owner shall be charged as follows:
Reinspection
Fee
First reinspection
$0
Second reinspection
$150
Third reinspection
$200
Fourth and every additional reinspection
$350
(b) 
The initial reinspection fee shall be as itemized above, but shall be set annually by the City Council and itemized in § 1-4C(1) of the City Code.
B. 
The annual fees shall constitute a special charge against the property inspected and shall be entered upon the tax roll as a charge against the property, and all proceedings in relation to the collection, return, and sale of the property for delinquent real estate taxes shall apply to the inspection fee.
C. 
The fee for the required fire inspection shall be established by the City Council resolution from time to time.
[Added 9-16-2008 by Ord. No. 15-08]
Fees shall be established for certificates, approvals, and other functions performed under this code and shall be payable to the municipality. Such fees shall accompany each application for such approval, certificate, or other fee-related code provision. Fees are subject to change. All fees pertain to new construction and remodeling of existing buildings or occupancy.
A. 
All building projects requiring sprinkler system installation and inspection by state code shall be subject to an inspection fee, which fee shall be set annually by the City Council and itemized in § 1-4C(1) of the City Code.
[Added 1-18-2011 by Ord. No. 1-11]
(1) 
All permit fees shall be paid prior to the issuance of a sprinkler permit.
[Added 4-5-2017 by Ord. No. 2-17]
The Chief of the Fire Department shall enforce all provisions of this chapter and all other state and City provisions relating to fire prevention within the City as designated in § 101.14, Wis. Stats., pertaining to the prevention of fires and public safety and approving equipment installation, or procedures as outlined in NFPA standards, and shall make such inspections, perform such tests and issue such orders as may be necessary for such enforcement.
A. 
Right of entry.
(1) 
In the discharge of his/her duties, the Chief of the Fire Department or his/her authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the inspector or his/her authorized agent while in the performance of his/her duties, and any person so interfering shall be in violation of this chapter and subject to a penalty as provided in § 139-8.
(2) 
If consent to entry to personal or real properties which are not public buildings, or to portions of public buildings which are not open to the public, for inspection purposes has been denied, the Chief of the Fire Department shall obtain a special inspection warrant under §§ 66.0119, Wis. Stats.
B. 
Frequency. The Chief of the Fire Department shall inspect or cause to be inspected by the Bureau of Fire Prevention or the Fire Department officers and personnel as often as may be necessary, but not less than once a year in the area designated as "Out of Fire Limits" and twice a year in the area designated as "In the Fire Limits," all buildings and premises, except the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of the provisions or intent of any ordinance of the City affecting fire hazards.
(1) 
It is the intent of this section to establish the minimum number of fire inspections in the City at one per calendar year, with the interval between inspections not to exceed 15 months, with the option for additional inspections as necessary to gain compliance with outstanding orders. It shall be the responsibility of the AHJ to establish a priority to occupancies and buildings that need additional inspections or more frequent inspections due to occupancy type, hazard or history of noncompliance.
(2) 
Any fire inspection documentation that identifies specific deficiencies, in writing, to the owner or occupant of any building, space or premise shall be understood to be an order to correct such deficiencies. All corrections to fire inspection orders shall be made prior to the next scheduled fire inspection or within the time line established by this code.
C. 
Enforcement.
(1) 
The Fire Chief of the City of Jefferson shall enforce this code.
(2) 
Whenever an inspection shall reveal in any building or upon any premises dangerous or hazardous conditions combustible waste material or explosive matter which is so situated as to endanger property or obstructions to or on escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, the inspector shall order that same to be removed or remedied.
(3) 
Whenever an inspection by the Jefferson Fire Department reveals a fire hazard, the Fire Department may serve a notice, in writing, via in-person, United States Mail, or electronically, upon the owner or occupant of the property giving said owner or occupant sufficient time in which to correct or remove said hazard.
(4) 
Conditions that are highly hazardous to life or safety of the occupants shall be corrected within the time frame deemed appropriate by the Fire Inspector. All other violations and defects shall be corrected within 10 days or such other time as the Jefferson Fire Department allows.
D. 
Order to install appliance. The Fire Chief shall inspect or cause to be inspected or have plans reviewed of all mercantile and manufacturing establishments, each school, each place of assembly, each hospital or place of detention and each apartment house or tenement building and designate and order suitable fire appliances to be installed in or near boiler rooms, kitchens or restaurants, clubs and similar establishments, storage rooms involving combustible material, rooms in which hazardous manufacturing processes are involved, a garage section and other places of a generally hazardous nature. Such appliance shall meet the current standards and be appropriate for the type of establishment.
E. 
Compliance with orders. Failure to comply with lawful orders to install or provide the equipment ordered by the Chief of the Fire Department and to maintain it in operative condition at all times shall be deemed a violation of this chapter and subject to the penalties in § 139-8. Each hazard that the owner of the property or business fails to correct will constitute a separate violation.
F. 
Service of fire inspection report. The service of a fire inspection report may be made upon the owner, occupant or other person responsible for the conditions, whether by delivering a copy of it personally or by delivering the same to and leaving it with any person in charge of the premises. Whenever it may be necessary to serve a fire inspection report upon the owner of the premises, such a report may be served either by delivering to and leaving with the person a copy of the report or, if such owner is absent from the jurisdiction of the fire inspector/officer making the order, by mailing or sending electronically such copy to the owner's last known post office address by certified mail.
G. 
Appeal. Any such order shall forthwith be complied with by the owner and the occupant of such premises or building. If such order is made by one of the inspectors, such owner or occupant may, within 24 hours, appeal to the Chief of the Fire Department, who shall review such order and file his decision thereon. Unless by his authority the order is revoked or modified, it shall remain in full force and shall be complied with within the time fixed in the order or decision of the Chief of the Fire Department. The Chief's decision shall be reviewable by filing a written notice of appeal, attaching the order, with the clerk of the municipal court, but again, the original order shall remain in full force and effect pending all appeals. The municipal court order is appealable to the Circuit Court of Jefferson County.
H. 
Authority to issue citations. The Fire Chief or a person designated by the Chief for the inspection of the premises within the City may issue a written citation for violations of this chapter. Such citation shall be issued upon the Wisconsin Uniform Municipal Court Citation form.
I. 
Occupancy or agent change.
(1) 
Whenever there is a change in occupancy or the agent(s) (manager, shift supervisor, key holder, etc.) of that occupancy, the owner or his/her duly authorized agent shall submit the changes, in writing, to the Jefferson Fire Department within five working days. The information will consist of the following:
(a) 
Name of the occupancy.
(b) 
Address of the occupancy.
(c) 
Type of occupancy (mercantile, factory, office, etc.).
(d) 
Owner (name, address and phone number).
(e) 
Agent(s) (name, address and phone number).
(2) 
Whenever a change in the service company for the alarm system and/or the sprinkler system has occurred within the occupancy, the owner or authorized agent shall submit the changes, in writing, to the Jefferson Fire Department within five working days. The information will consist of the following:
(a) 
Name of the occupancy.
(b) 
Address of the occupancy.
(c) 
Owner (name, address and phone number).
(d) 
Agent(s) (name, address and phone number).
(e) 
Type of the fire protection system.
(f) 
Service company (name, address and phone number).
J. 
Investigation of suspicious fires. The State Fire Marshal, City Attorney, and the Police Department, upon request of the Chief of the Fire Department, shall assist in the investigation of any fire which in his/her opinion is of suspicious origin.