Scope: The scope of this section is to identify those standards
referenced in this chapter of the municipal code.
A.
Wherever in this chapter or during code enforcement
practices reference is made to nationally recognized good or safe
practice, the intent is that the practice to be followed shall be
reasonable and safe, as determined by Fire Chief.
B.
The Fire Chief may refer, among other standard publications,
to the National Fire Code, as published by the National Fire Protection
Association or the International Fire Code, for determining what is
reasonable and safe.
C.
The Fire Marshal shall maintain in his office, available
for public inspection and use during regular office hours, a complete
set of the National Fire Codes and all other publications which he
may use as a basis for his decisions as to what is nationally recognized
good practice.
D.
The Fire Marshal, on request of any person affected
by any decision as to what constitutes nationally recognized practices,
shall identify the specific provisions of the National Fire Codes
or other standard publications on which he bases his decision. If
any person is aggrieved by any decision, he may appeal to the Fire
Chief first, then to the Village Board of Trustees.
E.
Any publications used to determine nationally recognized
good practice shall be broadly construed to determine intent, but
no provisions contrary to the Wisconsin Administrative Code or any
other ordinance of the Village shall be used as a reference.
F.
All standards referred to elsewhere in this chapter
providing test criteria as to the suitability of materials for their
intended uses will be found in the most recent edition of the National
Fire Codes.
Scope. The scope of this section is to identify the penalties that maybe levied for failure to adhere to the provisions set forth in the Fox Crossing Fire Prevention Code. These penalties are guidelines, and any violation that is subject to judicial review may include additional penalties as seen fit to levy by the court. Charges will appear in the Village of Fox Crossing Municipal Code Chapter A450, Fines and Penalties, reference this Code section.
A.
Any person, firm, association or corporation who shall violate any of the provisions of this chapter, specifically Articles I through XI, or Chapter 53, Fire Department, § 53-3, Authority at emergency incidents, shall, upon conviction of such a violation, be subject to a penalty as outlined in the Village of Fox Crossing Municipal Code, Chapter A450, Fines and Penalties, reference this Code section. Penalties increase with frequency of offenses.
(1)
First offense penalty. Any person, firm, association or corporation who shall violate any provisions of this chapter shall be subject to a penalty and shall, upon conviction thereof, forfeit an amount as set forth in Chapter A450, Fines and Penalties, reference this Code section, together with the costs of prosecution and, in default of such payment of said forfeiture and costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
(2)
Second offense penalty. Any person, firm, association or corporation who shall violate any provisions of this chapter who shall previously have been convicted of violation of the same provision shall, upon conviction thereof, forfeit an amount as set forth in Chapter A450, Fines and Penalties, reference this Code section, together with the costs of prosecution and, in default of such payment of said forfeiture and costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
(3)
Each violation, and each day a violation continues
or occurs, shall constitute a separate offense. Nothing in this chapter
shall preclude the Village of Fox Crossing from maintaining any appropriate
action to prevent or remove a violation of this chapter.
B.
Any person who shall violate Section 907 of the IFC, reference Equipment and Testing as described in that section, shall, upon conviction thereof, forfeit the amount identified in the Village of Fox Crossing Municipal Code, Chapter A450, Fines and Penalties, reference this Code section, together with the cost of prosecution and any other applicable court costs.
C.
Penalties for the violation of Chapter 228, Hazardous Materials, of this Code shall be as follows: Any person, firm, or corporation in violation of Chapter 228 of this Code shall forfeit to the Village upon conviction thereof the amount identified in the Village of Fox Crossing Municipal Code, Chapter A450, Fines and Penalties, reference this Code section, plus the costs of prosecution and, in default of payment thereof, be imprisoned in the county jail for 90 days. Each day of violation shall constitute a separate offense. Outstanding penalties will be assessed to the tax roll for facilities within the Village of Fox Crossing.
D.
E.
Violation of Article VIII, Burning, of this chapter may result in the issuance of a citation with fines in the amount deemed appropriate by the Municipal Court. Additional fees may be assessed based upon the magnitude of the incident which may include reimbursement to the Fire Department for equipment and staffing expenses.
F.
Penalties for the violation of Article IX, Flammable and Combustible Liquids Storage, of this chapter shall be as follows:
(1)
Any person, firm, association or corporation who shall violate any of the provisions of Article IX shall, upon conviction of such violation, be subject to the penalties identified in the Village of Fox Crossing Municipal Code, Chapter A450, Fines and Penalties, reference this Code section. Penalties are assessed as follows:
(a)
First offense penalty. A stop-work order shall be issued until compliance has occurred, and a forfeiture of the amount outlined in the Village of Fox Crossing Municipal Code, Chapter A450, Fines and Penalties, reference this Code section, together with the costs of prosecution, and, in default of such payment of said forfeiture and costs of prosecution, imprisonment in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.
G.
Penalties for the violation of Article X, Fireworks, of this chapter shall be as follows: Any person, firm, copartnership, or corporation violating the provisions of Article X upon conviction thereof shall be punished by a fine in the amount identified in Chapter A450, Fines and Penalties, reference this Code section, and, in default of such payment of said fine, shall be imprisoned in the county jail until such fine is paid, but not exceeding 90 days.
H.
False alarms. Section 61.34(1), Wis. Stats., provides the Village Board may carry its powers into effect by license, regulation, suppression, borrowing, taxation, special assessment, appropriation, fine, imprisonment, and other necessary or convenient means. Therefore, all users of fire alarm systems in the Village of Fox Crossing shall be subject to the following: The user of any fire alarm system which, upon activation, elicits a response from the Fire Department of the Village of Fox Crossing which is a false alarm as defined in this chapter shall be subject to the charges identified in the Village of Fox Crossing Municipal Code, Chapter A450, Fines and Penalties, reference this Code section, relative to the frequency of false alarms within any twelve-month period.
I.
Hazardous materials release/spill. Any person, firm or corporation who is responsible for a hazardous materials release or spill shall be liable for the expenses incurred by the Village of Fox Crossing Fire Department in an amount identified in the Village of Fox Crossing Municipal Code, Chapter A450, Fines and Penalties, reference this Code section. Penalties assessed shall include the per vehicle/per hour cost, the actual payroll expense for any firefighters responding to the incident and reimbursement costs for materials provided by the Village of Fox Crossing Fire Department.
J.
Charges in association with motor vehicle incident response. A "motor vehicle incident" shall be described as any call for service which occurs on any state highway, county road, or property within the Village of Fox Crossing where the Fire Department offers assistance for but not limited to victim care, victim extraction, fire suppression or fluid spill cleanup. Fees are identified in the Village of Fox Crossing Municipal Code, Chapter A450, Fines and Penalties, reference this Code section.
K.
Repeat fire prevention visits. State statute requires that the Fire Department perform fire prevention visits, the purpose of which is to identify and offer corrective actions to abate hazards. The Fox Crossing Fire Prevention Bureau will perform repeat visits as necessary when it does not receive communication from a building owner/business occupant that all hazards have been abated. The charges for repeat fire prevention visits are identified in the Village of Fox Crossing Municipal Code, Chapter A450, Fines and Penalties, reference this Code section. The penalties are assessed based upon the frequency of repeat visits. All efforts will be made to work with building owner/business occupants to attain code compliance.
Scope: The scope of this section is to establish fees for plan
review, systems installation and certain Fire Department services.
The fees associated with the following sections of the Village of
Fox Crossing Fire Prevention Code are as follows:
A.
Plan review and installation fees. The fee to review
fire sprinkler and fire alarm and detection systems and related equipment
shall be the amount identified in the Village Fee Schedule, reference
this Code section.
B.
The fee for plan review and installation permits for
all automatic fire extinguishing systems, fire alarm systems and detection
systems along with associated equipment shall be the amount identified
in the Village Fee Schedule, reference this Code section. The types
of systems that require plan review and installation permits are:
C.
Fees in accordance with the Local Program Operator
Tank Program shall be as outlined by the Department of Agriculture,
Trade and Consumer Protection on form TR-WM-126, and the web link
shall be identified along with any additional local fees in the Village
Fee Schedule.
D.
Fees in association with fireworks displays shall
be as follows:
(1)
Any person, firm, association or corporation who shall
wish to conduct a public display of fireworks must submit a permit
application with a fee as identified in the Village Fee Schedule,
reference this Code section.
(2)
The person to whom a permit has been issued shall
arrange for the detailing of one engine company of the Fire Department
or such larger number as may be deemed necessary by the Chief of the
Fire Department. Fire Department personnel shall be on duty from the
time the fireworks are delivered at the site until the termination
of the display and the removal of all fireworks and debris from the
site. The expense for such firefighters shall be paid by the permittee,
at a rate identified in the Village Fee Schedule, reference this Code
section, for apparatus and payroll for firefighters serving the detail.
A.
Scope.
The scope of this section is to identify those provisions where conflict
exists with other parts of the Village Municipal Code.
B.
The provisions
of this chapter shall be deemed severable, and it is expressly declared
that the Village Board would have passed the other provisions of this
chapter irrespective of whether or not one or more provisions may
be declared invalid, and if any provision of this chapter or the application
thereof to any person, firm, association or corporation is held invalid,
the remainder of the chapter and the application of said provisions
to other persons, firms, associations or corporations shall not be
affected thereby.
