[HISTORY: Adopted by the Village Board of the Village of Denmark at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
The Fire Chief and his assistants or officers in command are hereby vested with full and complete police authority at fires and may cause the arrest of any person failing to give the right-of-way to the Denmark Volunteer Fire Department responding to a fire call.
The Fire Chief, or his designee, shall have the power to cause the removal of any property whenever it shall become necessary for the preservation of such property from fire or to prevent the spread of fire or protect adjoining property, and during the progress of any fire the Fire Chief, or his designee, may order the removal or destruction of any property necessary to prevent the further spread of the fire. The Fire Chief, or his designee, shall also have the power to cause the removal of all wires or other facilities and the turning off of all electricity or other services where the same impede the work of the Denmark Volunteer Fire Department during the progress of a fire.
It shall be lawful for any firefighter acting under the direction of the Fire Chief or any officer in command to enter upon the premises adjacent to or in the vicinity of any building or other property then on fire for the purpose of extinguishing such fire, and no person shall hinder, resist or obstruct any firefighter in the discharge of his duty as hereinbefore provided; the person so offending shall be deemed guilty of resisting firefighters in the discharge of their duty.
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 refusing to obey said orders.
No person shall give or send, or cause to be given or sent, in any manner any alarm of fire which he knows to be false.
No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Denmark Fire Department, or its contract provider, and no vehicle shall be driven over any unprotected fire hose 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 official in command.
No person shall occupy any portion of such streets or alleys with a motor or other vehicle between such fire engine or fire truck or other fire apparatus and any hydrant to which a fire hose may be, or may be about to be, attached.
Open burning prohibited. Except as otherwise provided in this section, all open burning is prohibited within the Village of Denmark.
Recreational fires. Recreational fires, defined as any fire such as a campfire or cooking fire located at a single- or two-family private residence for the purpose of recreation and personal enjoyment, are exempt from Subsection A of this section so long as such fires are started and tended in compliance with the following requirements:
No recreational fire pit and unscreened portable fire pit or fireplace shall be closer than 15 feet to any building, structure, property line, shed, garage, trees, shrubs, bushes, fence or any other combustible material.
All recreational fires shall be in a below-ground fire pit with a minimum depth of four inches and a diameter of three feet, and the fire may not extend more than three feet above the pit. The fire pit shall be surrounded on the outside, above ground, by a noncombustible material such as concrete block or rock. A noncombustible material when not in use shall cover the pit.
Portable fire pits (defined as devices commercially designed and intended to contain and control outdoor wood fires) may be used in accordance with the manufacturer's recommendations and within the requirements of Subsection B(1) above and must be used upon a noncombustible surface (dirt without any vegetation, stone, gravel, concrete, brick, etc.) with an area twice the diameter of the portable fire pit.
No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed (within the recommendations of the Denmark Volunteer Fire Department) will cause smoke, embers, or other burning materials to be carried by the wind toward any building or other flammable materials. Smoke from any recreational fire shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately upon the complaint of a neighboring property owner in regard to nuisance smoke.
Material for recreational fires shall not include or consist of rubbish, garbage, recyclable items, trash, any material made of or coated with rubber, plastic, leather, or petroleum-base materials and shall not contain any flammable or combustible liquids.
Adequate fire-suppression equipment shall be immediately available to extinguish or control the recreational fire. Adequate fire-suppression equipment, such as shovels, fire extinguishers, water hoses, or other like equipment sufficient to extinguish the fire, if necessary, shall be within 10 feet of the recreational fire.
All recreational fires shall be attended at all times by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished.
The renter/lessee of any leased property must provide written documentation from the property owner giving permission to have a recreational fire on that property.
The property owner and/or person who has started any recreational fire shall hold the Village harmless from any and all such liability for any damage caused by a recreational fire and shall be responsible for all legal expenses incurred by the Village in any action brought against the Village.
Any party who has started or maintains a recreational fire as defined herein shall pay any and all costs incurred by the Denmark Volunteer Fire Department for any service-related call as a result of a recreational fire not in compliance with the requirements of this section.
Outdoor cooking fires. Open or closed cooking grills (charcoal and propane fuel only) are exempt from the prohibition of Subsection A above, except as follows:
For all multifamily dwellings more than one story in height, the use of any propane or charcoal or gas cooking device is prohibited above the first floor occupancy.
For all multifamily dwellings more than one story in height, the use of any open or closed outdoor cooking fire, charcoal or propane cooking device, or any open flame device is prohibited within 15 feet of the structure on the ground floor or any combustible materials on the ground floor. Smoke from cooking grills shall not create a nuisance for neighboring property owners within an apartment complex.
When the Denmark Volunteer Fire Department Fire Chief determines there are environmental conditions likely to produce a serious threat of fire to life and property, the Fire Chief may impose a burning ban and burning restrictions and require that no person may:
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.
Throw, discard, or drop matches, ashes, or other burning material while outdoors in the immediate vicinity of combustible natural vegetation.
Light or use any fireworks as defined per 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.
Such a ban described above shall be lifted when the environmental conditions change so that a serious threat of fire is no longer present.
When orders to be issued. Whenever the Fire Chief finds in any building or upon any premises any of the following dangerous or hazardous conditions or materials which present a clear and present danger due to the likelihood of fire or explosion, such materials shall be removed or conditions remedied in a reasonable manner:
Dangerous or unlawful amounts of combustible or explosive materials.
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive materials.
Dangerous or unlawful accumulation of rubbish, waste, paper, boxes, shavings or other flammable materials.
Accumulation of dust or waste material in air-conditioning or ventilation systems or of grease in kitchen or other exhaust ducts.
Obstruction of fire escapes, stairs, passageways, doors or windows which interferes with the operations of the Fire Department or egress of occupants in case of fire.
Service of orders.
The service of written orders by the Fire Chief, or his designee, for the correction of violations of this chapter 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 Fire Chief, or his designee, from issuing orders orally or in such other manner as deemed appropriate under the circumstances.
If buildings or other premises are owned by one person and occupied by another, the orders issued in connection with the enforcement of this chapter shall apply to the occupant thereof as well as to the owner. Except where rules or orders require the making of additions to or changes in the premises themselves, such as would immediately become fixtures upon the real estate and become the property of the owner of the premises, such orders shall be served upon the owner of the premises unless it is otherwise agreed between the owner and the occupant.
Receipt of any order issued by the Fire Chief, or his designee, hereunder by the owner or the occupant shall be sufficient notice to effect compliance with the order.
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 Denmark from the air pollution hazards and public nuisances of operating an outdoor wood-fired furnace in densely populated areas.
Definitions. For the purpose hereof, the following definitions shall apply:
- OUTDOOR WOOD-FIRED FURNACE
- A wood-fired furnace or boiler so designed to burn wood or other approved solid fuels as specified by the manufacturer for outdoor installation in an accessory structure not intended for habitation by humans or domestic animals to provide heat and/or heated water to a building intended for habitation by humans or domestic animals via the distribution, particularly through pipes, of a water or water/antifreeze mixture. This definition does not include outdoor recreational uses of wood fires such as outdoor fire pits, chimaeras or outdoor wood-fired grills or barbecues.
General prohibition on outdoor wood-fired furnaces. The construction and operation of outdoor wood-fired furnaces, as defined herein, are expressly prohibited within the boundaries of the Village.
NFPA 1 adopted. The National Fire Protection Association (NFPA) has developed, established and maintains a comprehensive and integrated uniform fire code that establishes minimum standards and requirements for fire prevention and suppression and hazard management, known and referred to as "NFPA 1." For the protection of life, health and property; to minimize risk to the public and to safety personnel; and to establish minimum standards and requirements for fire prevention and suppression and hazard management, the provisions of NFPA 1, as currently written, together with all future duly adopted amendments, revisions or modifications thereof, are hereby fully incorporated herein and made part, by reference, of this chapter.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs or replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 943.01(1), Wis. Stats., may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.