[HISTORY: Adopted by the Town Board of the Town of Rome as
Sec. 3.02 of the prior Code. Amendments noted where applicable.]
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The following regulations are adopted by reference and incorporated
into this chapter as if fully set forth herein, and every violation
of these provisions constitutes a violation of this chapter.
B.
Whenever the provisions of the aforementioned codes conflict, the
stricter interpretation shall apply.
The provisions of this chapter shall apply equally to new and
existing conditions, except that existing conditions not in strict
compliance with the terms of this chapter shall be permitted to continue
where the exceptions do not constitute a distinct hazard to life or
adjoining property.
A.
While acting as fire inspector pursuant to § 101.14(2),
Wis. Stats. the Fire Chief, or any member of the Fire Department designated
by the Fire Chief, shall have the right and authority to enter any
building or upon any premises in the Town of Rome at all reasonable
hours for the purpose of making inspections or investigations which,
under the provisions of this chapter, he may deem necessary.
B.
The Chief of the Fire Department is required, by himself or members
of the Fire Department designated by him as fire inspectors, to inspect
all buildings, premises, and public thoroughfares, except the interiors
of private dwellings, for the purpose of ascertaining and causing
to be corrected any conditions liable to cause fire, or any violations
of any law or ordinance relating to the fire hazard or to the prevention
of fires and to insure compliance in all places of assembly with all
laws, regulations, and orders dealing with use of decorative materials,
maintenance of exitways, and maintenance of fire alarm and fire detecting
systems, and fire-extinguishing systems, and appliances. Such inspections
shall be made at least once in six months in all the territory served
by such Fire Department. Each six-month period shall begin on January
1 and July 1 of each year. The Fire Inspector may inspect facilities
where hazardous chemicals are stored.
C.
Written reports of inspections shall be made and kept on file in
the office of the Fire Department or Fire Inspector in the manner
and form required by the Department of Safety and Professional Services.
A copy of such reports shall be filed with the Town Clerk/Treasurer.
D.
The Chief of the Fire Department or an inspector thereof, upon the
complaint of any person of whenever he or they shall deem it necessary,
shall inspect any buildings and premises within their jurisdiction.
Whenever any of the officers, members, or inspectors of the
Fire Department as mentioned in this chapter shall find any building
or upon any premises dangerous or hazardous conditions as follows,
he or they shall order such dangerous conditions or materials to be
removed or remedied in such manner as may be specified in said order:
A.
Dangerous or unlawful amounts of combustible or explosive matter.
B.
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible or explosive matter.
C.
Dangerous accumulations of rubbish, wastepaper, boxes, shavings,
or other highly flammable materials.
D.
Accumulations of dust or waste material in air-conditioning systems
or of grease in kitchen exhaust ducts.
E.
Obstructions to or on fire escapes, stairs, passageways, doors, or
windows liable to interfere with the operation of the Fire Department
or egress of occupants in case of fire.
F.
Any building or other structure which, for want of repairs, lack
of sufficient fire escapes or other exit facilities, automatic or
other fire alarm apparatus or fire-extinguishing equipment, or by
reason of age or dilapidated condition, or from any other cause, creates
a fire hazard or a threat to life and safety.
A.
The service of such orders as mentioned in this chapter may be made
upon the owner, occupant, or other person responsible for the conditions,
either by delivering a copy of the same 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 the said premises. If the owner is absent from the jurisdiction
of the officer making the order, by mailing such copy to the owner's
last known post office address.
B.
If buildings or other premises are owned by one person and occupied
by another under lease or otherwise, the orders issued in connection
with the enforcing of the chapter shall apply to the occupant thereof,
except where the rules or orders require the making of such additions
to or changes in the premises themselves, such as would immediately
become real estate and be the property of the owner of the premises;
in such cases, the rules or orders shall affect the owner and not
the occupant unless it is otherwise agreed between the owner and the
occupant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Nothing contained in this chapter shall be construed as applying
to the transportation of any article or thing shipped in conformity
with the regulations prescribed by the Surface Transportation Board,
or as applying to the military forces of the United States.
A.
A permit shall constitute permission to maintain, store, or handle
materials, or to conduct processes, which produce conditions hazardous
to life or property, or to install equipment used in connection with
such activities. Such permit does not take the place of any license
required by law. It shall be for an indefinite period, not transferable,
and any change in use or occupancy of the premises shall require a
new permit.
B.
Before a permit may be issued, the Chief of the Fire Department,
or his assistants, shall inspect and approve the receptacles, vehicles,
building, or storage places to be used. In cases where laws or regulations
enforceable by departments other than the Fire Department are applicable,
joint approval shall be obtained from all departments concerned.
C.
All applications for a permit required by this chapter shall be made
to the Chief of the Fire Department in such form and detail as it
shall prescribe.
D.
Permits shall, at all times, be kept on the premises designated therein
and shall, at all times, be subject to inspection by any officer of
the Fire or Police Departments.
E.
The Chairperson, the Chief of the Fire Department, and the Fire Inspectors
shall act as a committee to determine and specify, after giving affected
persons an opportunity to be heard, any new materials, processes,
or occupancies, which shall require permits, in addition to those
now enumerated in said code. The Chief of the Fire Department shall
post such a list in a conspicuous place in his office and in the office
of the Clerk/Treasurer and may distribute copies thereof to interested
persons.
F.
Whenever the Chief of the Fire Department shall disapprove an application
or refuse to grant a permit applied for, or when it is claimed that
the provisions of the code do not apply or that the true intent and
meaning of the code have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Chief of the Fire
Department to the Town Board within 10 days from the date of the decision
of the Chief. In the event of such appeal, the Board shall set a time
and place for hearing thereof and give to the appellant at least 10
days' notice thereof by mail or personally.
A.
It shall be unlawful for any person, firm, or corporation to burn
leaves, rubbish, or debris of any kind within the Town of Rome on
any public street, alley, or other public property within said Town;
but such fires may be set on private driveways anywhere back of the
lot line or on private property, except that no open burning shall
be allowed closer than 30 feet to any building, or closer than 15
feet to any building if an enclosed incinerator or fireplace is used
for such burning. No materials may be burned upon any street or road.
B.
A fire in a wire-type basket shall be considered as being an "open"
fire.
C.
No fire for burning rubbish, scrap, or debris shall be started prior
to the time set by the Wisconsin Department Natural Resources (DNR),
except in areas zoned heavy industrial where no fire shall be started
prior to 2:00 p.m., and no fire shall be left unattended.
D.
Any person, firm, or corporation that desires to burn grass off a
field or lot, or rubbish, leaves, or debris of any kind on their own
premises may do so by first obtaining permission from the DNR or person
designated. A permit shall be necessary for burning rubbish, leaves
or debris if the party has an outside fireplace or rubbish burner.
All grass fires for burning off a field or lot must be set not prior
to the time designated by the DNR, and all fires shall at all times
be kept under control.
E.
Whenever the DNR shall deem it imprudent for burning of grass, rubbish,
leaves, or debris of any kind within the Town of Rome, whether it
is because of extreme dryness, shortage of water, high wind, or particular
hazardous location, they may forbid the setting of such fire.
F.
Whenever a fire has been ignited without the permission of the DNR
or the person designated by the DNR as provided in this section, or
if a fire has been ignited, with permission, and becomes hazardous
in the opinion of the Fire Chief or DNR, they may order the person
or persons responsible or on whose premises of said fire exists, to
extinguish the same; and if said person refuses to do so, the Chief
or DNR may call the Town of Rome Fire Department to extinguish the
same.
G.
Any damage caused to another person's property by burning of
rubbish, leaves, or other debris, whether authorized or not, shall
be the responsibility of the person or persons responsible for igniting
the same.
H.
For any fire requiring suppression by the Fire Department that is
started or maintained in contravention of the provisions in this chapter,
the Wisconsin Statutes, the Wisconsin Administrative Code or any other
governing law or regulation, the owner of the land on which the fire
was started and/or the person(s) responsible for starting or maintaining
the fire shall be liable for all expenses incurred in the suppression
of the fire. The Town will charge per vehicle and per person at an
hourly rate set by the Town Board for a minimum of one hour. After
one hour, time will be billed to the nearest 1/2 hour. Time shall
be measured from the time of the call until the completion of all
necessary work and units and equipment used at the fire scene are
placed back to in-service status. The officer in charge shall investigate
the fire and draft a report containing a determination of the person(s)
responsible for starting and or maintaining the fire. The Town Board
will determine liability for the fire after consideration of said
report.
I.
Any person convicted of burning in violation of this chapter shall
forfeit a fine of no more than $1,000, plus costs for each violation.
A.
No person shall deposit hot ashes or cinders, or smoldering coals,
or greasy or oily substances liable to spontaneous ignition, into
any combustible receptacle or place the same within 10 feet of any
combustible materials.
B.
Accumulations of wastepaper, litter or combustible or flammable waste
or rubbish of any kind shall not be permitted to remain in any yard.
All weeds, grass, vines, or other growth, when the same endangers
property, or is liable to be fired, shall be cut down and removed
by the owner or occupant of the property it is on.
C.
Storage requirements. Storage in buildings shall be orderly, shall
not be within two feet of the ceiling, and not so located as to endanger
exit from the building. Storage in the open shall not be more than
20 feet in height, shall be so located with respect to adjacent buildings
as not to constitute a hazard, and shall be compact and orderly.
D.
Cotton batting, straw, dry vines, leaves, trees, or other highly
flammable materials shall not be used for decorative purpose in show
windows or other parts of stores unless flameproof; provided, however,
that nothing in this section shall be held to prohibit the display
of saleable goods permitted and offered for sale. Electric light bulbs
in stores shall not be decorated with paper or other combustible materials
unless such materials shall first have been rendered flameproof.
All chimneys, smokestacks, or similar devices for conveying
smoke or hot gases to the outer air and the stoves, furnaces, fireboxes,
or boilers to which they are connected shall be constructed and maintained
in such a manner as not to create a fire hazard.
Any person using a torch or other flame-producing device for
removing paint from any building or structure shall provide one approved
fire extinguisher or water hose connected to the water supply on the
premises where such burning is done. In all cases, the person doing
the burning shall remain on the premises one hour after the torch
or flame-producing device has been used.
A.
All circuses, carnivals, or other exhibitions shall employ one or
more qualified persons to serve as fire watchers where large crowds
assemble. They shall familiarize themselves with all fire protection
facilities and fire prevention features and with the condition of
exits and shall patrol the entire tent area during the time of occupancy.
They shall see that aisles and exitways are kept open and that "No
Smoking" rules are enforced.
B.
The design, construction, flame-proofing, location, maintenance,
and use of tents for assembly shall be in accordance with recognized
safe practices. Compliance with the American Standard of Outdoor Assembly,
Grandstands and Tents, as adopted by the National Fire Protection
Association, shall be considered as prima facie evidence of compliance
with such recognized safe practices.
A.
Where conditions are such as to make smoking a hazard in any areas
of warehouses, stores, industrial plants, institutions, places of
assembly, and in open spaces where combustible materials are stored
or handled, the Chief of the Fire Department is empowered and authorized
to order the owner or occupant in writing to post "No Smoking" signs
in each building, structure, room, or place in which smoking shall
be prohibited. The Chief of the Fire Department shall designate specific
safe locations, if necessary, in any building, structure, or place
in which smoking may be permitted.
B.
"No Smoking" signs required in accordance with this chapter shall
be by order of the Chief of the Fire Department.
C.
No person shall remove any legally required "No Smoking" sign or
to smoke in any place where such signs are posted.
A.
Enforcement.
(1)
The Fire Prevention chapter shall be enforced by the Chief of the
Fire Department of the Town of Rome and such subordinates in said
Department as the Chief shall designate.
(2)
This chapter shall not be construed to affect the responsibility
of any person owning, operating, or installing any equipment for damage
to persons or property caused by any defect therein, nor shall the
Town be held as assuming any such liability by reason of the inspection
or reinspection authorized herein or the permit issued as herein provided
or by reason of the approval or disapproval of any equipment authorized
herein.
B.
Modifications. The Chief of the Fire Department shall have the power
to modify any of the provisions of the Fire Prevention Code upon application
in writing by the owner or lessee, or his duly authorized agent, when
there are practical difficulties in the way of carrying out the strict
letter of the code, provided that the spirit of the chapter shall
be observed, public safety secured, and substantial justice done.
The particulars of such modification, when granted or allowed, and
the decision of the Chief of the Fire Department thereof shall be
entered upon the records of the Department and a signed copy shall
be furnished to the applicant.
A.
Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or who shall violate or fail to comply with any order made there under, or who shall build in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, or who shall fail to comply with such an order as affirmed or modified by the Chief of the Fire Department or the Town Board or by a court of competent jurisdiction within the time fixed herein shall be subject to the penalty set forth in Chapter 1, General Provisions.
B.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited condition.
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
If not defined herein, the word, term or phrase shall have the definition
commonly accepted including a relevant definition contained in the
Wisconsin Statutes. When not inconsistent with the context, the words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory:
A public right-of-way, which normally affords a secondary
means of vehicular access to abutting property.
Shall be the equivalent of the word "forfeiture," and vice
versa.
A parcel of land. A lot may be a parcel designated in a plat
or described in a conveyance recorded in the Office of the Register
of Deeds, or any part of a large parcel when such part complies with
the requirements of this chapter as to width and area for the district
in which it is located.
Pertains to and is the purpose for which a building is used
or intended to be used.
Any person occupying or having use of a building, structure,
premises of any part thereof.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these who shall
hold title to a building, structure or property, or who shall be in
actual possession of, or have charge, or control of building, structure,
or property as agent of the title holder, or who shall be trustee
or guardian of the estate or person of the title holder.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
Rubbish is the miscellaneous waste material, combustible
and noncombustible, resulting from housekeeping and ordinary mercantile
enterprises, and includes boxes, cartons, excelsior, paper, ashes,
cinders, tin cans, bottles and broken glass, rubber, grass clippings,
brush, leaves, garden plants, and animal waste.
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names
or trademarks by which anything is made known and which are used to
advertise or promote an individual, firm, association, corporation,
profession, business, commodity or product and which is visible from
any public street or highway.
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for purposes of vehicular traffic.
Anything constructed or erected, the use of which requires
a more or less permanent location in or on the premises, or any other
attachment to something having a permanent location on the ground,
which includes, but is not limited to, objects such as buildings,
mobile homes, gas or liquid storage tanks, bridges, culverts, decks,
fences, satellite dishes or swimming pools.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin Law.
Waste is garbage, refuse, and all other discarded or salvageable
material, including materials resulting from industrial, commercial,
and agricultural operations and from domestic use and public service
activities.
An open space on a lot which is unoccupied and unobstructed
by buildings from its lowest level to the sky.
