[HISTORY: Adopted by the Town Board of the
Town of Grand Chute 1-7-1997 as §§ 5.02 to 5.09 and 5.20 of the 1997
Code. Amendments noted where applicable.]
A.
The Fire Chief or designee in command at any fire
is hereby vested with full and complete police authority at fires.
The Fire Chief or Department designee may cause the arrest of any
person failing to give the right-of-way to any piece of fire apparatus
in responding to an emergency call.
[Amended 12-20-2011 by Ord. No. 2011-30]
B.
The Fire Chief or designated commanding officer may
prescribe certain limits in the vicinity of any fire within which
no persons, excepting fire personnel and police personnel and those
admitted by order of any officer and the Department, shall be permitted
to come. The fire officer in command 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 spreading
of fire or to protect the adjoining property, and during the progress
of any fire he/she shall have the power to order the removal or destruction
of any property necessary to prevent the further spread of the fire
and the authority to preserve evidence of arson. He/she 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 impedes the work of the Department during the progress of a fire.
[Amended 12-20-2011 by Ord. No. 2011-30]
C.
It shall be lawful for any fire personnel while acting
under the direction of the Fire Chief or other 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 in case any person shall hinder, resist or obstruct any
fire personnel in the discharge of their duty as is hereinbefore provided,
the person so offending shall be deemed guilty of resisting fire personnel
in the discharge of their duty.
D.
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.
E.
No person shall willfully injure in any manner any
hose, hydrant or fire apparatus belonging to the Town of Grand Chute,
and no vehicle shall be driven over an unprotected hose of the Fire
Department 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 Department officials in command.
It is the intent of this chapter to prescribe
regulations consistent with recognized standard practice for the safeguarding,
to a reasonable degree, of life and property from the hazards of fire
and explosion arising from the storage, handling and use of hazardous
substances, materials and devices and from conditions hazardous to
life and property in the use or occupancy of buildings or premises.
[Amended 6-18-2002; 8-3-2004; 1-15-2008 by Ord. No. 2008-01; 12-16-2008 by Ord.
No. 2008-12; 12-21-2010 by Ord. No. 2010-25; 12-20-2011 by Ord. No. 2011-30; 12-4-2018 by Ord. No. 2018-21]
A.
Codes adopted; enforcement.
(1)
The Wisconsin state codes listed in this section are hereby adopted
by reference and made a part of the Town of Grand Chute Fire Prevention
Code. For the purposes of this section, these provisions are adopted
to enable the Fire Department to note any violations of such codes
and to report those violations to the appropriate community service
inspectors. The Fire Inspectors shall have the authority to cite such
violations on fire inspections.
(a)
Fire Prevention Code SPS 314, Wisconsin Administrative Code.
(b)
Buildings Constructed Prior to 1914, Wisconsin Administrative
Code.
(c)
Wisconsin State Electrical Code, Wisconsin Administrative Code.
(d)
Wisconsin Commercial Building Code, Wisconsin Administrative
Code.
(e)
Elevators, Wisconsin Administrative Code.
(f)
Flammable and Combustible Liquids, Wisconsin Administrative
Code.
(2)
Overall enforcement responsibility for the provisions of Subsection A(1)(a) through (f) will be the responsibility of the Fire Chief/designated Fire Inspectors. The Building Inspector has the primary responsibility of the building during and after construction while the Fire Inspectors have primary responsibility of care and maintenance after the building construction is completed. Primary responsibility for particular sections of the above provisions shall be as indicated in the Wisconsin Administrative Code.
B.
The International Fire Code 2015 Edition, hereinafter "IFC," is hereby
adopted as though fully set forth herein, with the following exceptions:
C.
The editions of the National Fire Protection Association (NFPA) codes
and standards are adopted by reference in Chapter 80 of the IFC and,
along with Appendices B through G and I, are made a part of the Town
of Grand Chute Fire Prevention Code with the same force and effect
as though set forth herein in full.
D.
Any fire prevention problem not herein addressed by code or adopted
standards will be addressed on the basis of current accepted National
Fire Prevention Association standards.
[Amended 4-9-2009 by Ord.
No. 2009-09; 12-20-2011 by Ord. No. 2011-30; 7-3-2012 by Ord. No.
2012-11; 12-4-2012 by Ord. No. 2012-2015; 5-7-2013 by Ord. No. 2013-10; 12-4-2018 by Ord. No. 2018-21]
A.
The Fire Chief shall hold the office of Deputy Fire Inspector under
§ 101.14(2), Wis. Stats, who shall perform the same duties
and have the same powers as the Fire Inspectors.
B.
Notice to remove fire hazard: citation.
(1)
Whenever in the Town any inspection by the Deputy Fire Inspector
or his authorized personnel reveals a fire hazard, the Deputy Fire
Inspector or his authorized personnel may serve a notice, in writing,
upon the owner or occupant of the property giving said owner or occupant
orders to remove said hazard. In the event that said fire hazard is
not removed within the time specified, it shall be deemed a nuisance
and the Deputy Fire Inspector or his authorized personnel shall have
the same removed by the Town and the cost of removal reported to the
Town Clerk and by him/her spread on the tax roll as a special charge
against the property.
(2)
This section shall empower the Fire Chief and designated subordinates
with citation power to enforce any and all ordinances under this chapter.
(3)
Fees.[1]
(a)
Routine annual or semiannual inspection: no fee.
(b)
First and second revisit from annual or semiannual inspection
whereby a fire inspection report form was issued stating one or more
violations of a Town of Grand Chute ordinance has occurred: no fee.
(c)
Third and subsequent revisits from the fire inspection report
form stating one or more violations of a Town of Grand Chute ordinance
has occurred and all violations have not been remedied within the
time provided in said fire inspection report form: fees assessed and/or
citation issued.
(d)
Revisit from citation issued and each visit thereafter until
such time all the violations are remedied: fees assessed and/or citation
issued.
[1]
Editor's Note: For the most current fees, consult the Town
Fee Schedule on file in the Town Clerk's office.
C.
The Fire Inspectors (Fire Marshal and/or authorized personnel) of
the Fire Department shall make the inspections required by § 101.14,
Wis. Stats., and shall comply with the provisions thereof. The Fire
Inspector shall make complaint for any violation of this section.
(1)
The Fire Inspectors (Fire Marshal and/or authorized personnel) of
the Fire Department shall inspect or cause to be inspected all premises
on a periodic basis and shall make such orders as may be necessary
for the enforcement of the laws and ordinances governing the same
and for the safeguarding of life and property from fire.
(a)
"Periodic basis" shall mean all occupancies in the jurisdiction
shall be inspected at least once per calendar year, provided the interval
between those inspections does not exceed 15 months.
[Amended 5-17-2022 by Ord. No. 2022-12]
D.
It shall be the duty of the Fire Inspectors and the Deputy to enforce the provisions of the codes adopted pursuant to § 291-3 of this chapter. He/she shall keep records of inspections made as required by this chapter and shall keep complete records of all permits, issued by the Fire Chief or Inspector, issued pursuant to ordinances adopted by the Town Board.
E.
Acceptance tests and completion.
(1)
Fire detection and alarm systems, fire-extinguishing systems, fire
hydrant systems, fire standpipe systems, fire pump systems, private
fire service mains and all other fire protection systems and appurtenances
thereto shall be subject to acceptance tests as contained in the installation
standards and as approved by the Fire Code Official. The Fire Code
Official shall be notified at least 48 hours before any required acceptance
testing.
(2)
It shall be unlawful to occupy any portion of a building or structure
until the required fire detection, alarm and suppression systems have
been tested and approved. A fee as prescribed in the Town Fee Schedule
shall be paid for required inspection.
F.
Fire Department compliance inspection.
(1)
No person shall occupy a building or structure covered under Ch.
SPS 350-365, Wis. Adm. Code, the Wisconsin Commercial Building Code,
or the locally adopted IFC used by or for public assembly, industrial,
institutional, multifamily, office, or mercantile purposes until the
owner of such building or structure has applied for a permit and the
building or structure has been inspected by the Fire Department if
any of the following conditions exist:
(2)
A permit fee as prescribed in the Town Fee Schedule shall be paid
for required inspection. If a permit is not applied for before work
begins a penalty/citation may be issued.
G.
Issuance and posting.
(1)
The Fire Chief or his designee shall review all applications submitted
and determine compliance with applicable provisions of this Code and
issue or revoke permits based on his findings as required.
(2)
A copy of the permit shall be posted or otherwise readily accessible
at each place of operation or carried by the permit holder as specified
by the Fire Department.
H.
Violation. Failure to obtain a permit required under§ 291-4 of this Code will result in the imposition of forfeitures in accordance with the Fire Department Bond Schedule under the Code. Payment of any fee shall not relieve any person of the penalties that may be imposed for violation of this chapter.
[Amended 6-5-2007; 12-20-2011 by Ord. No. 2011-30; 12-4-2018 by Ord. No. 2018-21]
A.
Purpose. This section is intended to promote public health and to
safeguard the health, comfort, living conditions, safety and welfare
of the citizens of the Town of Grand Chute due to the air pollution
and fire hazards of open burning.
B.
Applicability. This section applies to all outdoor burning and refuse
burning within the Town of Grand Chute.
C.
BARBECUE GRILL/BARBECUE SMOKERS
BARBECUE PIT
BONFIRE
BURN BARREL
CLEAN WOOD
CODE OFFICIAL/FIRE CODE OFFICIAL
COMPETENT PERSON
GRASSLAND HABITAT
OPEN BURNING
OUTDOOR FIREPLACE
PORTABLE/STATIONARY FIRE PIT
PRAIRIE GARDEN
RECREATIONAL FIRE
REFUSE
YARD/GARDEN WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Open or closed grills or smokers that are fueled by one or
more of the following: electricity, natural gas, LP gas, wood chips,
pellets or charcoal.
[Amended 5-17-2022 by Ord. No. 2022-12]
The same meaning as "portable/stationary fire pit."
[Amended 5-17-2022 by Ord. No. 2022-12]
An outdoor fire utilized for joy, exultation, amusement,
or ceremonial purposes that is larger than three feet wide by three
feet long with flames exceeding a height of two feet.
A standard burn barrel is a metal fifty-five-gallon open
head drum, modified to burn household trash or yard waste.
Natural wood (including small tree branches without foliage)
that has not been painted, varnished or coated with a similar material,
has not been pressure treated with preservatives and does not contain
resins or glues as in plywood or other composite wood products.
The Fire Chief, Fire Marshal, Code Enforcement Officer, or
other designated authority charged by the Town of Grand Chute with
the duties of administration and enforcement of the Code, or a duly
authorized representative.
One who is capable of identifying existing and predictable
hazards in the surroundings and who has authorization to take prompt
corrective measures to eliminate them.
An area of land exceeding one acre in size where native prairie
and/or grassland plants are planted for wildlife habitat. "Grassland
habitat" does not include ornamental plantings planted primarily for
aesthetics.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney, and not contained in any pit or enclosure.
A nonportable device or structure designed and intended to
contain and control outdoor wood fires. Outdoor fireplaces are normally
constructed of stone, concrete, or other noncombustible material.
[Amended 5-17-2022 by Ord. No. 2022-12]
A device, structure, or in-ground pit designed and intended
to contain and control outdoor wood fires and used for recreational
or cooking purposes.
[Amended 5-17-2022 by Ord. No. 2022-12]
An area of land not to exceed one acre in size used for the
aesthetic planting of native prairie and/or grassland plants. "Prairie
garden" does not include ornamental and/or nonnative plantings planted
primarily for aesthetics.
A small outdoor fire intended for recreation, personal enjoyment,
or cooking.
Any waste material except clean wood.
Leaves, garden plants, brush, grass clippings, dead shrubs/trees,
and branches with foliage.
D.
General. A person shall not start or maintain or authorize to be
started or maintained any open burning unless conducted and approved
in accordance with this section.
E.
Materials that may not be burned. The areas in this section where
burning is authorized allow for the burning of clean wood only. The
burning of garbage, trash, refuse, recyclables, flammable/combustible
liquids in any form, and construction debris is not allowed. Accelerants
or chemicals shall not be used to kindle any fires.
F.
Burning. Burning leaves, brush, and other vegetative debris in areas
of the Town zoned agricultural is allowed under the following conditions.
(1)
Burning must be at least 50 feet from any form of a building or structure,
combustible material of any form, or property line.
(2)
Burning shall not be conducted when the wind direction shall cause
combustibles or ignited materials to be carried by the wind towards
any form of a building or structure or combustible material of any
form.
(3)
Burning should only occur during daylight hours.
(4)
Burning shall be done in small, controllable piles no larger than
10 feet wide by 10 feet long by four feet high.
(5)
Burning shall be conducted only following payment of the permit fee,
issuance of, and in accordance with the agricultural burning permit.
G.
Fires for clearing lots or accumulations of debris.
(1)
Outdoor fires specifically for clearing lots or accumulations of
debris are allowed under the following conditions:
(a)
Burning must be at least 50 feet from any form of a building
or structure, combustible material of any form, or property line.
(b)
Burning shall not be conducted when the wind direction shall
cause combustibles or ignited materials to be carried by the wind
toward any form of a building or structure or combustible material
of any form.
(c)
Burning shall only occur during daylight hours.
(d)
Burning shall be done in small, controllable piles no larger
than 10 feet wide by 10 feet long by four feet high.
(e)
Burning shall be conducted only following the inspection of
the site where burning is to occur, payment of the permit fee, and
issuance of and in accordance with the commercial burning permit.
(2)
Issuance of this type of permit will be considered extremely rare
and shall only be allowed when there is an obvious need and/or benefit
to the community.
H.
Burn barrels. No person, firm, association, or corporation shall
build, maintain, or operate a burn barrel in the Town of Grand Chute.
I.
Incinerators.
(1)
Commercial and industrial incinerators and chimneys shall be constructed
in accordance with NFPA 82, Standard on Incinerators and Waste and
Linen Handling Systems and Equipment, the International Building Code,
the International Mechanical Code, and the International Fuel Gas
Code.
(2)
Incinerators shall be equipped with an effective means for arresting
sparks.
(3)
Where the Code Official determines that burning in incinerators will
create an undue fire hazard, such burning shall be prohibited.
(4)
Burning shall take place only during hours approved by the Code Official.
(5)
The Code Official is authorized to require incinerator use to be
discontinued immediately if the Code Official determines that smoke
emissions are offensive to occupants of surrounding property of if
the use of the incinerator is determined by the Code Official to constitute
a hazardous condition.
J.
Recreational fires. Barbecue pits, portable/stationary fire pits,
and outdoor fireplaces are permitted on properties zoned agriculture,
commercial, industrial, PPD or residential (occupied by a single-
or two-family residence) under the following conditions:
[Amended 5-17-2022 by Ord. No. 2022-12]
(1)
Recreational fires shall be at least 15 feet from any form of a building
or structure, combustible material of any form, or property line.
(2)
No person shall start or maintain any recreational fire or barbecue
pit between the hours of 1:00 a.m. and 6:00 a.m. Monday through Sunday.
(3)
Recreational fires shall be contained in an area not to exceed three
feet wide by three feet long or a circle larger than three feet in
diameter. The flames of the fire shall be no higher than two feet.
(4)
Yard/garden waste is not allowed to be burned. Only clean dry wood
and small tree branches without foliage is allowed to be burned.
(5)
All recreational fires, excluding portable fire pits and outdoor
fireplaces as defined, shall be dug into the ground at least six but
not more than 12 inches and surrounded on the outside, above ground
level, by a noncombustible material extending at least six inches
above grade.
(6)
Portable fire pits and outdoor fireplaces shall be used in accordance
with the manufacturer's recommendations, within the above requirements,
and shall be placed on a noncombustible surface that is at least 1.5
times larger than the size of the portable fire pit. LP or natural
gas-fired units shall be installed and inspected per manufacturer's
instructions and applicable code IFC/IBC code requirements. Inspections,
when required by the Fire Chief or the Fire Chief's designees, shall
be conducted by Fire and Building Code Officials.
(7)
Sky lanterns. It shall be unlawful for any person to ignite, set
aloft, launch or use an ignited sky lantern, wish lantern or other
similar device that is allowed to float while or after having been
ignited.
(8)
Recreational fires shall be conducted only following issuance of
and in accordance with the recreational fire permit. If the applicant
is not the owner of the property, the applicant must certify that
permission has been granted by the property owner.
K.
Bonfires.
(1)
Bonfires are allowed only if approved by and in accordance with provisions
established by the Code Official.
(2)
Bonfires shall be at least 50 feet from any form of a building or
structure, combustible material of any form, or property line.
(3)
Bonfires shall not be lit or started when the wind direction shall
cause combustibles or ignited materials to be carried by the wind
toward any form of a building or structure or combustible material
of any form.
(4)
Bonfires shall be conducted only following the inspection of the
site where burning is to occur, payment of the permit fee, and issuance
of and in accordance with the bonfire permit.
L.
Multifamily dwellings.
[Amended 5-17-2022 by Ord. No. 2022-12]
(1)
Barbecue grills, barbecue smokers, and other commercially manufactured
appliances fueled by natural gas, propane, or charcoal may not be
started, used, or stored above the first floor occupancy in all multifamily
dwellings more than one story in height.
(2)
Barbecue grills, barbecue smokers, and other commercially manufactured
appliances fueled by natural gas, propane, or charcoal may not be
started or used within 15 feet of a multifamily dwelling more than
one story in height.
(3)
Exception. Electric barbecue grills may be started, used, and stored
above the first floor occupancy in all multifamily dwellings more
than one story in height.
M.
Prescribed burns.
(1)
Prescribed burns for prairie and/or wildlife habitat management are
allowed by permit issuance only.
(2)
Prairie garden prescribed burns shall be conducted only following
inspection of the site where burning is to occur, payment of the permit
fee, and issuance of and in accordance with the prescribed burn permit.
(3)
Prescribed burns for grassland habitat shall be conducted only following
Wisconsin Department of Natural Resources (DNR) approval, inspection
of the site where burning is to occur, payment of the permit fee,
issuance of a prescribed burn permit, and in accordance with the prescribed
burn permit and DNR regulations and requirements.
(4)
Prescribed burns shall only occur during daylight hours.
N.
Fire Department training burns. Notwithstanding Subsection E of this section, the Grand Chute Fire Department may burn any materials deemed necessary for firefighting training if the training burn complies with all applicable requirements.
O.
Burning permits.
(1)
No person shall start or maintain any open burning without a burning
permit issued by the Code Official. Barbecue grills, barbecue smokers,
and other commercially or noncommercially manufactured devices fueled
by natural gas, propane, or charcoal shall be exempt from the permitting
process. These exempt items shall be used in accordance with the manufacturer's
recommendations.
[Amended 5-17-2022 by Ord. No. 2022-12]
(2)
Burning permits are available at either Fire Station (when staff
are available in-quarters) and are nontransferable to any other person
or any other location. Recreational fire permits will also be available
online.
(3)
Any open burning shall comply with all other applicable provisions
of this section.
(4)
An agricultural burning permit is valid from January 1 until December
31 of the current year.
(5)
A bonfire permit shall be good for one date only. If the bonfire
is cancelled due to inclement weather, the permit may be reissued
at no cost at the discretion of the Code Official.
(6)
An annual recreational fire permit is valid from January 1 until
December 31 of the current year.
(7)
A prescribed burn permit is only valid for a specified period of
time, not to exceed two weeks.
(8)
A commercial burning permit is only valid for a specified period
of time, not to exceed two weeks.
(9)
Holders of agricultural burning, prescribed burn, or commercial burning
permits shall notify the Grand Chute Fire Department each day the
burn is to be conducted before said burn occurs.
(10)
No materials may be burned upon any street, curb, gutter or
sidewalk or on the ice of a lake, pond, stream or water body.
(11)
No materials shall be burned when the wind exceeds 10 miles
per hour (nine knots) as determined by the Automated Weather Observation
Station (AWOS) at Outagamie County Regional Airport. Burning permits
of any kind are considered temporarily revoked when wind speeds exceed
10 miles per hour (nine knots). Permitted burning can resume once
the wind speed drops below the allowable limits.
(12)
All fires shall not create smoke that causes a public nuisance, complaints from neighbors, or a visibility hazard on any form of transportation route. "Public nuisance" is defined as set forth in Chapter 398 of the Town Code.
(13)
All persons who start or maintain a fire shall have the property
owner's permission before doing so.
(14)
All fires shall not be left unattended at any time and shall
be supervised by a competent person of at least 18 years of age until
the fire is extinguished.
(15)
All permitted fires shall have fire-extinguishing equipment
readily available as may be necessary for the total control of the
fire.
(16)
When weather conditions warrant, the Fire Chief or designee
may declare a burning moratorium (burning ban) and temporarily suspend
previously issued burning permits for all burning.
(17)
The issued burning permit shall be posted or otherwise readily
accessible for inspection by the Fire Chief, Code Official, or police
officer.
(18)
A burning permit issued under this section shall require compliance
with all applicable provisions of this section and any additional
special restrictions deemed necessary to ensure public health and
safety.
(19)
All cooking and recreational fire devices, structures, or in-ground
pits must be in good working condition to prevent the possible spread
of fire.
[Added 5-17-2022 by Ord. No. 2022-12]
P.
Liability. A person utilizing or maintaining an outdoor fire shall
be responsible for all fire suppression costs and any other liability
resulting from damage caused by the fire.
Q.
Right of inspection. The Code Official may inspect any property for
the purpose of ascertaining compliance with the provisions of this
section. If the owner or occupant of the premises denies access to
the property for this purpose, a special inspection warrant may be
obtained in accordance with § 66.0119, Wis. Stats.
R.
Emergency powers of the Fire Chief. When the Fire Chief or designee
determines that there are environmental conditions likely to produce
a serious threat of fire to life and property, it shall be the duty
of the Fire Chief or designee to impose a burning moratorium (burning
ban) and/or burning restrictions. All bans and/or restrictions shall
be lifted when the environmental conditions change so that a serious
threat of fire is no longer present.
S.
Enforcement and penalties.
(1)
The Code Official is authorized to enforce the provisions of this
chapter.
(2)
Any party who has started or maintains any agricultural burn, bonfire,
recreational fire or barbecue pit, prescribed burn, or any commercial
burning as permitted shall pay any and all costs incurred by the Fire
Department for any service-related call as a result of a fire not
in compliance with these requirements, if deemed necessary by the
Fire Chief or designee.
(3)
Any open burning not in compliance with all the terms of this section
may, in addition to any other penalties, result in the temporary or
permanent revocation of the permit(s).
(4)
The penalty for violation of any portion of this section shall be
a forfeiture as prescribed in the Uniform Forfeiture and Bond Schedules.
Penalties are doubled for second and subsequent offenses.
[Added 10-7-1997]
In the course of its fire-suppression activities,
the Grand Chute Fire Department may find it necessary to acquire goods
and services from other Town departments, other fire departments (some
with which the Town does not have mutual aid agreements), and private
contractors and vendors. These services may be normally sought by
the affected property owner or may be necessary due to the unique
circumstances of a fire. These services are beyond the normal capabilities
of the Fire Department and shall be known as "extended fire-suppression
services." Said extended services shall be subject to billing to property
owners.
A.
The Town of Grand Chute shall bill affected property
owner(s) for the following extended fire-suppression services:
(1)
Charges from other fire departments with which the
Town of Grand Chute does not have a mutual aid agreement.
(2)
Charges for refilling water tanker trucks for properties
located outside the area of the Town Sanitary Districts. The Sanitary
District shall provide the original load of water on the Fire Department
tanker trucks at no charge to the Town.
(4)
Refueling service charges and fuel cost for:
[Amended 12-20-2011 by Ord. No. 2011-30]
(b)
Equipment supplied by mutual/automatic aid fire
departments and fire departments with which the Town does not have
a mutual/automatic aid agreement (and does not include any fuel charges
in their equipment charges).[1]
[1]
Editor's Note: Original § 5.07, Subsection (1)(e),
which immediately followed this subsection, was repealed 12-20-2011
by Ord. No. 2011-30 .
(5)
Charges for private ambulance service on site beyond
the maximum amount of standby time provided at no charge.
(6)
Contractual services and supplies to access or secure
property (e.g., locksmith, lumber, etc.).
(7)
Standard Town administrative handling charge if the
investigation by the Town Fire Chief concludes that said fire was
caused by negligence.
B.
Any dispute over the charges billed by the Fire Department
may be appealed to the Town Board of Supervisors.
[Added 4-7-2005]
A.
Tents and air-supported, air-inflated or tensioned
membrane structures having an area in excess of 200 square feet and
canopies in excess of 400 square feet shall not be erected, operated
or maintained for any purpose without first obtaining a permit and
approval from the Fire Official.
B.
Tents, air-supported, air-inflated or tensioned membrane
structures and canopies shall meet the requirements of current adopted
local code.
[Amended 12-21-2010 by Ord. No. 2010-25; 12-20-2011 by Ord. No. 2011-30]
C.
Tents, air-supported, air-inflated or tensioned membrane
structures and canopies shall be inspected by the Fire Official or
Fire Inspector prior to occupancy. A tent permit may be granted to
persons, firms or corporations, provided that an application is filed
with the Town Fire Department. The Fire Official may issue a tent
permit on being satisfied that the tent or membrane structure meets
the requirements contained in current adopted local code. Issued permit
shall be posted on location. A fee as prescribed in the Town Fee Schedule
shall be paid for required inspections.
[Amended 12-21-2010 by Ord. No. 2010-25; 12-20-2011 by Ord. No. 2011-30]
D.
Time requirement. A site inspection must be scheduled
with the Fire Department Inspection Division 48 hours in advance of
the event. Erection of the tent must comply with approved site and
floor plans that may be requested.
E.
Failure to follow any portion of this Code may result
in double the permit fee.
[Amended 12-20-2011 by Ord. No. 2011-30]
[Added 8-3-2004; 12-20-2011 by Ord. No. 2011-30; 12-4-2018 by Ord. No. 2018-21]
A.
Multifamily dwellings, hotels, motels, schools, and commercial businesses
with manual pull station unsupervised local fire alarm systems, with
pull stations accessible to occupants and the general public, shall
have the alarm system tested at least once a month, and a record of
the tests shall be kept on site at a location accessible to the inspection
authority. Exception: Unsupervised (local) or supervised systems having
two or less pull station(s), which are located by the fire alarm control
panel, remote annunciator, or in a different remote location generally
not accessed by the general public, used by alarm technicians for
testing purposes, are exempt from this testing requirement.
B.
All supervised manual fire alarm systems are also exempt from the
monthly testing requirement.
C.
No alarm system designed to transmit emergency messages directly
to a central station monitoring agency shall be tested or demonstrated
without first notifying the central station monitoring agency.
D.
If any provision of this section is determined to be invalid or unconstitutional,
or if the application of any provision of this subsection to any person
or circumstance is invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the above provisions or applications
of this section which can be given effect without the invalid or unconstitutional
provision or its application.
[Added 5-19-2009 by Ord. No. 2009-11 (§ 5.10
of the 1997 Code)]
A.
Where required.
(1)
The Code Official shall require a key lock box to be installed on
a structure where immediate access is necessary to verify the existence
of a fire or other emergency. This shall include, but not be limited
to:
C.
Nonapplicability to particular dwellings.
(1)
This section shall not apply to owner-occupied one- and two-family
dwellings and owner-occupied condominiums.
(2)
This section shall not apply to duplexes on a residentially zoned
parcel.
(3)
Owners of single- and two-family occupancies are encouraged to participate
voluntarily utilizing a residential security box.
D.
E.
Type of key lock box. The Code Official shall designate the type
of key lock box system to be implemented within the Town and shall
have the authority to require all structures to use the designated
system.
F.
Modification of rules and regulations. The Code Official shall be
authorized to implement rules and regulations for the use of the lock
box system.
G.
Alert decals. Alert decals, approved by the Code Official, to alert
fire companies of the presence of security features covered by this
section will be displayed on any outside doors or windows as designated
by the Code Official.
H.
Cost. The cost of purchasing and installing, along with any cost
associated with implementation of the program at a specific property,
will be born by the responsible party.
I.
Installation.
(1)
The key lock box shall be mounted at or near the main entrance or
such other location required by the Code Official.
(2)
The lock box shall be located at a height of not less than four feet
and not more than six feet above final grade.
(3)
If the structure is equipped with a fire alarm system, the Grand
Chute Fire Department recommends that the key box have a key box tamper
switch connected to the fire alarm control panel. Tampering with or
opening of the box should produce a supervisory signal.
J.
Security padlocks. When a property is protected by a locked fence
or gate and where immediate access to the property is necessary for
lifesaving or fire-fighting purposes, the Code Official may require
a security padlock to be installed.
K.
Security caps. When a structure is protected by an automatic sprinkler
system or standpipe system and the Fire Department connection is exposed
to undue vandalism, the Code Official may require that a Fire Department
connection security cap(s) be installed.
[Added 12-20-2011 by Ord.
No. 2011-30]
Section 941.12, Wis. Stats., is adopted by reference
and incorporated in this section as if fully set forth herein.
Any person who shall violate any provisions
of this chapter shall, upon due conviction thereof, forfeit an amount
as prescribed in the Uniform Forfeiture and Bond Schedules for each
such offense, together with the costs of prosecution, and in default
of the payment of such forfeiture and costs shall be imprisoned in
the county jail until said forfeiture and costs of prosecution are
paid, but not to exceed 30 days.
[Added 12-4-2018 by Ord.
No. 2018-21]
A.
Pursuant to Wis. Stats. § 68.16 the Town expressly opts
out of the administrative review procedures contained in Ch. 68, Wis.
Stats. The Town hereafter provides its own alternative due process
procedure for administrative review.
B.
If an application for a permit is denied, or a permit issued under this Chapter 291 is suspended, revoked, or nonrenewed (the initial decision), the applicant or permit holder may appeal said initial decision by submitting a letter to the Town Clerk, within 14 days of the initial decision, requesting an appeal, and stating the grounds therefor.
C.
If an appeal is timely requested, the Town Board shall schedule and
hold a hearing. The Town Clerk shall serve the appellant with notice
of said hearing date, time, and location, by mail at the appellant's
address listed on the permit application or by personal service at
least 10 days before the hearing date.
D.
If an appeal is not timely requested, the initial decision become
binding on the applicant/permit holder.
E.
Said hearing and final decision shall be processed as follows:
(1)
The Town Board shall regulate the hearing process and issue a final
decision on the appeal. No Board members may participate that participated
in making the initial decision. The Town Board may affirm, reverse,
or modify the initial decision.
(2)
The Town may cause the proceedings to be taken by a stenographer
or a recording device, the expense of which shall be borne by the
Town, which shall be transcribed if the final decision is appealed
to Circuit Court.
(3)
If no stereographer or recording device is utilized, the Town Clerk
shall make minutes of the proceeding including reason(s) for the Town
Official's original decision, reason(s) the appellant appealed, and
reason(s) for the Town Board's final decision.
(4)
The Town Official(s) who issued the initial decision shall testify
under oath, and present evidence, in support of his or her decision.
The appellant, or his or her attorney, may cross examine the person(s)
who issued the initial decision.
(5)
The appellant may testify under oath, and present evidence, in support
of his/her position. The Town Official(s) who issued the initial decision,
or Town attorney, may cross examine the appellant, and the Town may
also present rebuttal testimony/evidence to the testimony/evidence
of the appellant.
(6)
The Town Board shall close the hearing, then make an oral final decision
at the hearing or may issue a written final decision within 10 days
of said hearing, stating the reason(s) for its decision.
F.
The party aggrieved by the final decision may appeal the final decision
to the Outagamie County Circuit Court by certiorari within 30 days
of service of the final decision. Service of the final decision is
complete upon the issuance of a final decision orally at the hearing,
or upon the Clerk mailing a written final decision of the Board, by
certified mail to applicant/permit holder at the address contained
within the most-recent permit application.
