The provisions of this article address the purpose, adoption and responsibilities of the Village of Fox Crossing Fire Prevention Code.
The purpose of this article is to provide the Village of Fox Crossing with the rules and regulations consistent with nationally recognized good practices to improve public safety by promoting the control of fire hazards; regulating the installation, use and maintenance of fire suppression and detection equipment; regulating the use of structures, premises, and open areas; providing the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the standards for compliance and achievement of these objectives.
[9-11-2023 by Ord. No. 230911-1; 11-25-2024 by Ord. No. 241111-2]
A.
This code shall be known as the "Fox Crossing Fire Prevention Code." This code adopts but is not limited to the State of Wisconsin Department of Safety and Professional Services Administrative Codes (DSPS), the Wisconsin Enrolled Building Code, the National Fire Protection Association (NFPA) incorporated standards and codes as published in the National Fire Codes (NFC), and the International Fire Code® 2021 (IFC) shall be adopted in place of DSPS Chapter 314, Subchapter I, § 314.001(2), save and except those portions such as are hereinafter deleted, modified, or amended by any section of this code. The same, including any future modifications or amendments, are hereby adopted and incorporated as fully as if set out at length herein. Not less than one printed copy of the adopted issue of the International Fire Code and one electronic copy of the adopted standards and codes of the National Fire Codes, electronic access by NFPA link, shall be filed in the office of the Fire Department. The provisions thereof shall be controlling within the limits of the Village of Fox Crossing.
B.
Any facility whose design and construction occurred before the effective date of this code is governed by the codes in effect at the time of design and/or construction. The provisions in DSPS Chapter 314 and the International Fire Code will apply to the use and operation of all public buildings and places of employment that exist on or after the effective date of this code.
It shall be unlawful for any person to violate this code, to permit or maintain such a violation, to refuse to obey any provision thereof, or to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the action of the Fire Chief or Fire Marshal, in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution, or lack thereof, of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.
[Amended 11-25-2024 by Ord. No. 241111-2]
The Fire Chief of the Village of Fox Crossing shall be responsible for the enforcement of the Fox Crossing Fire Prevention Code. The Fire Chief of the Fox Crossing Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. To assist in the performance of the responsibilities and duties placed upon the Fire Chief of the Fox Crossing Fire Department, a Bureau of Fire Prevention in the Fire Department of the Village of Fox Crossing is hereby created.
A.
This Bureau shall operate under the supervision of the Fire Chief of the Fox Crossing Fire Department. The Fire Chief of the Fire Department shall designate a fire official of the Fox Crossing Fire Department which shall be the Fire Marshal. The Fire Marshal shall be the administrator of the Bureau of Fire Prevention.
B.
The Fire Marshal shall be responsible for the direct administration and enforcement of the Fox Crossing Fire Prevention Code as may be set forth by the Fire Chief of the Fox Crossing Fire Department. The Fire Marshal shall be appointed on the basis of examination or other method for determining his/her qualifications.
C.
It shall be the duty of the officers of the Bureau of Fire Prevention to enforce all laws and ordinances of the Village of Fox Crossing, covering all codes and standards in § 218-3.
D.
The officers of the Bureau of Fire Prevention shall have such other powers and perform such other duties as are set forth in other sections of this code, and as may be conferred and imposed from time to time by law. The Fire Chief of the Fox Crossing Fire Department may delegate any of his powers or duties under this code to the Fire Marshal.
A.
The Fire Chief, Fire Marshal, or any Fire Department officer, as well as the Fox Crossing police officers, shall have the authority to issue citations or complaints under the provisions of the Fox Crossing Fire Prevention Code.
B.
It shall be the duty of the Fire Chief and/or Fire Marshal of the Fox Crossing Fire Department to investigate and to recommend to the Village of Fox Crossing Board of Trustees such additional ordinances, or amendments to existing ordinances, as he/she may deem necessary for safeguarding of life and property against fire.
C.
Before permits may be issued as required by this code, the Fire Marshal or his/her assistants shall inspect and approve the receptacles, process, vehicles, buildings, or storage places to be used for any such purposes.
D.
The Fire Marshal shall inspect or cause to be inspected all premises on a semiannual or periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire. Effective January 1, 2009, "periodic basis" shall mean all occupancies in the jurisdiction shall be inspected on an annual basis or more frequently as needed as determined by the Fire Marshal as provided for in § SPS 314.01(13)(b)7, Wis. Adm. Code.
[Amended 11-25-2024 by Ord. No. 241111-2]
A.
Whenever any inspector, as defined above, during the course of any routine or special fire inspection visit finds any violations of any enforceable codes, he/she shall order the same to be remedied in an approved manner, and such order to comply shall be served upon the owner or occupant of such premises or buildings. Any owner or occupant failing to comply with such order within 30 days or a more specific deadline that is issued in writing under the violation notes after the service of the said order shall be liable to penalties as hereinafter provided.
B.
The service of any such order may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant 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 said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such an order may be served either by delivering to and leaving with the said person a copy of the said order or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy by certified mail to the owner's last known post office address or sending the order by email to the contacts that the owner has supplied the Fire Department in the past or during the current inspection.
The Fire Marshal shall compile and keep a record of all fires, and all the facts concerning the same, including injuries, deaths, rescue of persons and statistics as to the extent of such fires and the damage caused thereby. Such record shall be made from the reports created by the inspectors under the provisions of this code. All such records shall be made public, upon request in accordance with municipal and state policy.
The Fire Marshal shall make an annual report of the activities of the Bureau of Fire Prevention and shall transmit this report to the Village Manager of the Village of Fox Crossing through the Fire Chief of the Fox Crossing Fire Department. The report shall contain all proceedings under the Fox Crossing Fire Prevention Code with such statistics as the Fire Chief may wish to include therein.
The Fire Chief or Fire Marshal of the Fox Crossing Fire Department shall also recommend any amendments to the Fox Crossing Fire Prevention Code or ordinances which in his/her judgment shall be desirable.
The provisions of the Fox Crossing Fire Prevention Code shall apply equally to both public and private property, and it shall apply to all structures and their occupancies, except as otherwise specified.
This act shall be deemed in exercise of the police powers of the Village of Fox Crossing for the preservation and protection of the public health, peace, safety, and welfare, and all the provisions of the Fox Crossing Fire Prevention Code shall be liberally construed for that purpose.