No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the MMPW Volunteer 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 about to be, attached.
[Added 11-3-2010 by Ord.
No. 2010-1103]
An outdoor solid fuel-fired furnace may be installed and used
in the Village only in accordance with the following provisions:
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
OUTDOOR SOLID FUEL-FIRED FURNACE
A device designed for solid fuel combustion so that usable
heat is derived for the interior of a building, and includes solid
fuel-fired stoves, and furnaces and combination fuel furnaces or boilers
which burn solid fuel in combination or alternatively to any other
fuel.
PERSON
An individual, partnership, corporation, company or other
association.
PUBLIC NUISANCE
That any act or failure to perform a legal duty required
by this chapter is declared a public nuisance.
(1)
Any dense smoke, noxious fumes, gas or soot, or cinders, wood, wood by-products or other solid fuels in unreasonable quantities may be declared a public nuisance by the Village or its agents. For storage of wood and wood byproducts see §
380-92.
STACKS or CHIMNEYS
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid fuel-fired furnace including that
part of such structures extending above its roof.
B. Requirements.
(1) No person shall construct, install, establish, operate or maintain
an outdoor solid fuel-fired furnace without first having obtained
a permit from the Village.
(2) No person shall construct, install, establish, operate or maintain
an outdoor solid fuel-fired furnace in a way other than in compliance
with the applicable subsections of this section and subject to inspection
by the Building Inspector and/or Fire Chief.
(3) No person shall operate an outdoor solid fuel-fired furnace unless
such operation conforms with the manufacturer's instructions
regarding such operation and the requirements of this section.
(4) Each new outdoor solid fuel-fired furnace shall be constructed, established,
installed, operated and maintained in conformance with the manufacturer's
instructions and the requirements of this section. In the event of
a conflict between the requirements of this section and the manufacturer's
instructions, the stricter requirement shall apply.
(5) The owner of a new outdoor solid fuel-fired furnace shall produce
the manufacturers' owner's manual to the Building Inspector
and/or Fire Chief or his or her designee to review prior to installation.
(6) Each new outdoor solid fuel-fired furnace shall be laboratory tested
and listed to appropriate safety standards such as Underwriters Laboratory
(UL), American National Standards Institute (ANSI) or other applicable
safety standards.
(7) An outdoor solid fuel-fired furnace shall not be located closer than
50 feet from the nearest building which is not on the same property
as the outdoor solid fuel-fired furnace.
(8) Each outdoor solid fuel-fired furnace shall have a stack or chimney
that extends at least 15 feet above the ground surface and must be
so constructed to withstand high winds or other related elements.
If there are any residences within 100 feet of the outdoor solid fuel-fired
furnace, the chimney shall also extend at least as high above the
ground surface as the height of the roofs of all such residences.
The Building Inspector may approve a lesser height on a case by case
basis to comply with the manufacturers recommendations and if the
smoke from the lowered chimney does not create a nuisance.
(9) If an outdoor solid fuel-fired furnace creates a public nuisance,
then the owner of such outdoor solid fuel-fired furnace shall abate
such public nuisance by:
(a)
Relocating the outdoor solid fuel-fired furnace.
(c)
Both relocating the outdoor solid fuel-fired furnace and extending
the chimney until reasonable steps can be taken to ensure that the
outdoor solid fuel-fired furnace will not be a nuisance.
(d)
Ceasing all operations of the outdoor solid-fuel-fired furnace
until reasonable steps can be taken to ensure that the furnace will
not be a nuisance.
(10)
Outdoor solid fuel-fired furnaces shall be constructed, established,
installed, operated and maintained as follows:
(a)
Fuel burned in an outdoor solid fuel-fired furnace shall be
only clean wood, wood pellets, corn products, biomass pellets or other
fuels specifically permitted by the manufacturer's instructions
such as fuel oil, natural gas or propane backup.
(b)
Use of the following fuels in an outdoor solid fuel-fired furnace
is strictly prohibited:
[1]
All rubbish or garbage including, but not limited to, food wastes,
food packaging and food wraps.
[2]
Plastic materials including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
[3]
Rubber, including tires or other synthetic rubber-like products.
[4]
Newspaper, cardboard, or any paper with ink or dye products.
[5]
Asphalt and asphalt containing products, 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 other items not specifically allowed by this section.
(c)
New outdoor solid fuel-fired furnaces, other than EPA OWHH Phase
1 Program (Environmental Protection Agency emission standards for
outdoor solid fuel-fired hydronic heaters) qualified models shall
be located on the property as follows:
[1]
At least 25 feet from the property line.
[2]
In compliance with the manufacturer's recommendation and
or requirements for clearance to combustible materials.
[3]
At least 50 feet from any residence that is not served by the
outdoor solid fuel-fired furnace.
(11)
Any existing noncomplying installation shall be removed, replaced
or brought into compliance within a period of six months from the
effective date of the ordinance.
C. Right of entry and inspection. The Building Inspector and/or Fire
Chief may inspect any property for the purpose of enforcing or ascertaining
compliance with any provisions of this section.
D. Enforcement and penalties.
(1) Enforcement. The Building Inspector, Fire Chief or other designated
Village officials authorized to enforce the provisions of this section.
(2) Penalties.
(a)
A person who violates any provision of this section shall be subject to the general penalty found in §
1-6.
(b)
In addition to the forfeiture provided in §
1-6, a person who violates this section shall pay to the Village reasonable costs incurred for prosecution of such violation.
[Added 11-3-2010 by Ord.
No. 2010-1103A]
The property owner, renter or consumer for which fire protection
or first response services are utilized shall be responsible for all
costs charged to the Village of Monticello by the Monticello Fire
Department/District. After billing has been received from the Monticello
Fire Department/District, the Village Clerk-Treasurer shall send billing
to the appropriate owner, renter or consumer.
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 Chapter
202, Fires and Fire Prevention:
Ch. SPS 307, Explosives and Fireworks
|
Ch. ATCP 93, Flammable, Combustible and Hazardous Liquids
|
Ch. SPS 314, Fire Prevention
|
Ch. SPS 316, Electrical
|
Ch. SPS 318, Elevators, Escalators and Lift Devices
|
Ch. SPS 332, Public Employee Safety and Health
|
Ch. SPS 340, Gas Systems
|
Ch. SPS 343, Anhydrous Ammonia Code
|
Ch. ATCP 94, Petroleum and Other Liquid Fuel Products
|
Ch. SPS 360, Erosion Control, Sediment Control and Storm Water
Management
|
Ch. SPS 361, Administration and Enforcement
|
Ch. SPS 362, Buildings and Structures
|
Ch. SPS 363, Energy Conservation
|
Ch. SPS 364, Heating, Ventilating and Air Conditioning
|