[HISTORY: Adopted by the Town Board of the Town of Brookfield;
amended in its entirety at time of adoption of Code (see Ch. 25, General
Provisions, Art. II). Subsequent amendments noted where applicable.]
(1)
Recognition. The Town Fire Department and Emergency Medical Service
are recognized as the Town of Brookfield Fire Department, which shall
be a department of the government of the Town of Brookfield. The duties
of firefighting, fire prevention and emergency medical service in
the Town are delegated to the Fire Department.
The Town of Brookfield Fire Department shall be a combination
fire department and all members, except for the Fire Chief and the
Assistant Chief, shall be part-time employees of the Town of Brookfield.
(1)
The internal organization of the Fire Department shall be in accordance
with the current standard operating guidelines of the Department.
The maximum number of part-time employees of the Fire Department
shall be determined by the Town Board, upon recommendation of the
Fire Chief and concurrence of the Police and Fire Commission. Said
recommendation shall take into account the number of firefighters,
EMTs, and officers needed to maintain efficiency, properly protect
life and property from fire and provide emergency medical services.
All active members of the Fire Department and other department supportive
staff shall abide by the terms and provisions of this chapter and
the Department's standard operating guidelines.
(1)
Employment status. The Fire Chief shall be a full-time employee of
the Town. The terms of employment and compensation to be paid to the
Fire Chief shall be determined by the Town Board upon hiring of the
Fire Chief.
(2)
Appointment. Pursuant to § 1.22 of the Town Code, the Police and Fire Commission shall appoint the Chief of the Fire Department. Following the appointment by the Commission and successful probationary period, he/she shall hold his/her office during good behavior, subject to suspension or removal by the Commission for cause.
(3)
Performance evaluation. The Town Board may, for the purposes of determining
salary, benefits, and other performance-related issues, evaluate the
Chief's performance.
(4)
Qualifications. Applicants shall supply a resume as to background
and proven job experience, including formal fire training (a minimum
of a bachelor’s degree in fire science or related field is preferred),
a minimum of five years on a fire department in a ranking officer
position, and business management experience, including but not limited
to budgeting, accountings, letter writing, marketing, good management
and people skills. The selection of a Fire Chief will be at the discretion
of the Commission. The Commission may elect to take applications from
within the Department or go outside to find a suitable candidate for
the position.
(5)
Duties, responsibilities, power and authority. The Fire Chief shall
have the following authority and responsibilities:
(a)
Code enforcement. The Chief shall enforce the Wisconsin Statues,
the Wisconsin Administrative Code, Department operating guidelines
and the Town Code in matters relating to fire prevention, code enforcement,
public education and fire suppression within the Town. It shall be
the duty of the Fire Chief to direct the operation of the Fire Department.
The Fire Chief shall report monthly to the Commission all fires occurring
in the Town, together with the amounts and values of the property
destroyed.
(b)
Department operations. The Chief shall provide for the general condition
and efficient operation of the Fire Department, the training of members
and the performance of other assigned duties.
(c)
Attendance at meetings. The Chief shall attend all official meetings
of the Department whenever possible.
(d)
Rules, regulations, and standard operating guidelines. The Chief
shall prepare rules, regulations, and standard operating guidelines
for the proper operation of the Fire Department. Such rules, regulations,
and standard operating guidelines shall be in addition to the provisions
of this chapter. Rules, regulations, and standard operating guidelines
promulgated by the Fire Chief shall be approved by the Commission
before becoming effective. This shall include operational procedures,
policies, and job descriptions for all personnel. The Town Administrator,
before submission to the Commission, shall review all such documents.
All members of the Department shall be provided with access to all
such rules, regulations and standard operating guidelines once they
become effective.
(e)
Reports. The Chief shall submit such written reports to the Town
Board and Commission, or as deemed desirable by the Board and Commission,
but an annual report for the calendar year ending on December 31 shall
be submitted no later than the first of April each year. This report
shall detail the condition of all apparatus and equipment, number
of fires, EMS calls and total number of members in the Department
This report shall also contain an overview of the total Department
operations of the past year in regard to training programs and needs
of the Department now and in the coming year.
(f)
Record maintenance. Except where properly delegated to a subordinate,
the Fire Chief shall be the custodian of all official records of the
Fire Department. Such records shall include, at a minimum, those required
by the Board, Town ordinances, and the statutes of the State of Wisconsin.
(g)
Equipment. The Chief shall determine the needs of the Fire Department
in evaluating the use of current equipment, assessing and researching
the need of additional equipment that would be necessary to protect
Town residences and businesses.
(h)
Attendance at fire calls. In accordance with the standard operating
guidelines of the Department, the Fire Chief or the Chief's designee
shall attend all fires in the Town and elsewhere when the Department
has responded to render mutual aid to another department. If the Fire
Chief or the Chief's designee is unavailable, the highest-ranking
officer of the Department in attendance shall have the same powers
and duties as the Chief.
(i)
Attendance at rescue calls. In accordance with the standard operating
guidelines of the Department, the Fire Chief or the Chief's designee
shall attend rescue calls to which the Fire Department is called.
In the absence of the Fire Chief or the Chief's designee, the highest-ranking
officer in attendance shall have the same powers and duties as the
Chief.
(j)
Power to suspend, demote or terminate department employees. The Chief
shall have the power to suspend, demote or terminate any officer or
member of the Department for just cause.
(k)
Fiscal responsibility. At the direction of the Town Administrator,
the Fire Chief shall file with the Administrator a detailed estimate
of the appropriations needed for the conduct of the Department during
the ensuing fiscal year.
(l)
Other duties. Perform such other duties as are incumbent upon him
as the commanding officer of the Fire Department and as may be directed
from time to time by the Commission, Town Board or Town Administrator.
(m)
Arson reports. Report all fires in which arson is suspected to the
Town Police, Sheriff's Department, and State Fire Marshall.
(n)
Fire inspections and inspection records maintenance. In accordance
with § SPS 314.01 of the Wisconsin Administrative Code,
the Chief shall be responsible for the conduct and documentation of
fire safety inspections within the Town.
(o)
Removal. No recommendation for removal for cause shall be made without
first affording a due process hearing before the Commission. If the
Chief fails to perform his/her duties as described by this chapter
or to comply with the rules and regulations of appropriate governmental
authorities or agencies in connection with his/her duties as Fire
Chief, he/she may be removed from office by a four-fifths-majority
vote of the Commission. Application of the Town's most current personnel
policies and procedures shall apply.
(p)
Disciplinary action, grievances and appeals. Any member of the Fire Department who is suspended, demoted, or terminated, or is subject to any other disciplinary action, shall have the right to grieve or appeal the suspension, demotion, termination, or other disciplinary action, as provided in any labor contract governing the employment relationship between the Town and the member, or, in the absence of any such labor contract, in accordance with the provisions of § 1.22 of the Town Code. In the absence of any appropriate policy or procedure in § 1.22 of the Town Code, the Town personnel policies and procedures shall prevail.
Unless otherwise determined by the Town Board, the Fire Chief
shall serve as Chief Fire Inspector. If, in the event, the Board wishes
to separate the positions of Chief Fire Inspector and Fire Chief,
the Fire Chief shall recommend an appointment to the Town Administrator,
subject to approval of the Police and Fire Commission.
(1)
Duties and responsibilities. The Chief Fire Inspector shall be the
administrator of the Bureau of Fire Prevention. The Chief Fire Inspector
shall be responsible for the direct administration and enforcement
of the Town of Brookfield Fire Prevention Code. The Chief Fire Inspector
shall supervise and manage public education programs, code enforcement
and all fire investigations.
(2)
Appropriate examination and interview procedures used. The Fire Chief
shall utilize appropriate employment assessment procedures based on
nationally recognized guidelines related, but not limited to, ability
to pass physical job related functions, a written and medical examination,
and oral interviews. Where relevant, current department standard operating
guidelines, Town personnel policies, procedures, and labor contract
provisions shall apply.
(3)
Duties and responsibilities. Job descriptions, authority, and responsibilities
of the aforementioned positions shall be as presented in the Department
standard operating guidelines.
(4)
Probationary period. All Fire Department personnel shall serve a
one-year probationary period. The Fire Chief shall have the authority
to dismiss all Fire Department personnel, except for the position
of Assistant Fire Chief, within the one-year probationary period.
Dismissal of the Assistant Fire Chief requires Police and Fire Commission
approval.
(5)
Disciplinary action, suspension, dismissal, grievances and appeals. See §5.04(5)(p) of this chapter.
The provisions of this chapter, so far as practicable, shall
be construed in conjunction with and in furtherance of the provisions
of § 62.13, Wis. Stats., and Chapter 589 of the laws of
1921, and Chapter 423, laws of 1923, and Chapter 586 of the laws of
1911, and shall be construed as an enactment for the purpose of providing
a uniform regulation of the Fire Department in the Town of Brookfield,
consistent with the state-wide enactment regulating cities and villages.
(1)
Incident command system. Operations of the Fire Department shall
be organized and managed using an incident command system. The incident
command system is described in the Department's standard operating
guidelines.
(2)
Limited access and removal of property. The Fire Chief and the incident
commander may prescribe certain limits near any emergency incident
within which no persons, excepting firefighters and police officers
and those admitted by order of the incident commander, shall be permitted
to be present. The Fire Chief and the incident commander 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 fire and the authority to preserve evidence of suspected
arson. The Fire Chief and the incident commander 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 or other
hazardous situation.
(3)
Resistance to operations. It shall be lawful for any firefighter
while acting under the direction of the Fire Chief or the incident
commander to enter upon the premises adjacent to or near any building
or other property then on fire or in a hazardous environment for the
purpose of extinguishing such fire or mitigating such hazards. In
case any person shall hinder, resist or obstruct any firefighter in
the discharge of his or her duty as is hereinbefore provided, the
person so offending shall be deemed guilty of resisting firefighters
in the discharge of their duty.
[Amended 12-7-2021 by Ord. No. 2021-004]
(4)
Damage to Fire Department property. No person shall willfully injure
in any manner any hose, hydrant, fire apparatus, or equipment belonging
to the Town of Brookfield, and no vehicle shall be driven over any
unprotected hose of a Fire Department when laid down on any street,
private driveway or any other place, to be used at any fire or alarm
of fire, without the consent of the incident commander in command
of the emergency.
See § 9.17(2) of this Code and § 941.13, Wis. Stats.
The Fire Chief and any assistants or officers in command at
any fire or rescue scene are vested with full and complete police
authority of that scene.
The Fire Chief, any assistant or officer of the Department may
cause the arrest of any person failing to give the right-of-way to
fire or ambulance equipment responding to an alarm.
The Fire Chief, any assistant or officer of the Department may
erect fire line barriers in the vicinity of any fire or rescue scene
beyond which no persons, excepting firefighters, rescue personnel,
police officers and those admitted by order of any officer of the
Fire Department shall be permitted.
The Fire Chief, any assistant or officer of the Department may
cause the removal of any property whenever it shall become necessary
to prevent the spreading of fire or to protect adjoining property,
and during the progress of any fire he may order the removal or destruction
of any property necessary to prevent the further spread of the fire.
He may 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 and safety of the Fire Department during the progress of
the fire.
The Fire Chief and any other officer or member of the Fire Department
as the Fire Chief may dictate shall have the authority to issue municipal
citations to any person or entity deemed to be in violation of any
portion of this chapter, including any adopted code or standard. Upon
conviction, the person or entity issued the citation shall pay a forfeiture
in addition to which any court costs and associated fees shall also
be assessed. The amount of the forfeiture shall be as listed in the
Schedule of Fees and Forfeitures on file at the Clerk's office, which
may be updated from time to time.
The forfeitures to be imposed for violations of this chapter,
including adopted codes and standards, are included in the Schedule
of Fee and Forfeitures on file at the Clerk's office, which may be
updated from time to time.
Any person or organization who violates the terms of this chapter
and, as a result, causes the dispatch and/or deployment of firefighting
equipment or personnel to control or extinguish the fire or to protect
life or property, in addition to other fines and forfeitures, may
be required to pay all costs and expenses incurred by the Town as
a result of the dispatch or deployment of firefighting equipment or
personnel. Such costs and expenses shall be calculated by the Fire
Chief and submitted to the Town Board for its review, consideration,
and approval. Such costs shall be assessed against the property in
accordance with the provisions of § 66.0627, Wis. Stats.
(1)
Services and records provided. The Fire Department shall provide
ambulance and emergency medical service. All necessary records required
by the Wisconsin Department of Health Services will be kept on file
in the Department's offices and overseen by the Fire Chief or the
Chief's designee.
(2)
Operating guidelines. The Fire Chief or the Chief's designee shall
be the head of the ambulance and emergency medical services and shall
be subject to the laws and statutes of Wisconsin, Town ordinances
and the rules, regulations, policies and standard operating guidelines
of the Fire Department.
(3)
Person in charge. The Fire Chief may elect to place a person in charge
of the EMS. Such person shall be known as the "Captain, Division of
Emergency Medical Services" who shall be subject to the job description
for that position, and under the direction of the Fire Chief and the
Fire Department Medical Director, and subject to all the, rules, regulations,
policies, and standard operating procedures of the Department and
this chapter.
(4)
Ambulance call charges.
(a)
Fees. Fees for ambulance service in the Town for conveyance of both
Town residents and nonresidents shall be as determined from time to
time by the Fire Chief or the Chief's designee and approved by resolution
of the Town Board.
(b)
Payments. All payments received from ambulance calls shall be placed
in the general fund.
Wherever this ordinance and any of the codes and standards referenced
by this chapter is silent on an issue, the relevant sections of NFPA
1 "Fire Prevention," most current edition, shall be employed.
The codes and statutes of the state of Wisconsin and the Wisconsin
Department of Safety and Professional Services as they relate to fire
prevention, investigation, and life safety, including but not limited
to the Fire Prevention Code and the Commercial Building Code as they
are amended and updated from time to time.
(1)
Standards. The following standards are adopted and by reference made
part of this chapter. Any act required to be performed or prohibited
by any adopted standard incorporated herein by reference is required
or prohibited by this section:
|
Standards
| |
|---|---|
|
NFPA Chapter
|
Name or Topic
|
|
NFPA 13D
|
Standard for the Installation of Sprinkler Systems in One- and
Two-Family Dwellings and Manufactured Homes, 1999 Edition.
|
|
NFPA 88A
|
Standard for Parking Structures, 1998 Edition
|
|
NFPA 88B
|
Standard for Repair of Garages, 1997 Edition
|
|
NFPA 110
|
Standard for Emergency and Standby Power Systems, 1999 Edition
|
|
NFPA 291
|
Recommended Practice for Fire Flow Testing and Marking of Hydrants,
1995 Edition
|
|
NFPA 704
|
Standard System for the Identification of the Hazards of Materials
for Emergency Response, 1996 Edition
|
|
NFPA 1405
|
Guide for Land-Based Firefighters Who Respond To Marine Vessel
Fires, 2001 Edition
|
|
NFPA 1583
|
Standard on Health Related Fitness Programs For Firefighters,
2000 Edition
|
(2)
State Administrative Code adopted. The following chapters of the
Wisconsin Administrative Code are adopted and by reference made a
part of this chapter. Any act required to be performed or prohibited
by any chapter of the Wisconsin Administrative Code incorporated herein
by reference is required or prohibited by this section.
|
Wisconsin Administrative Code Chapter
|
Name or Topic
|
|---|---|
|
SPS 307
|
Explosive Materials (COMM 7)
|
|
SPS 314
|
Fire Prevention (COMM 14)
|
|
SPS 316
|
Volume 2, Electrical Code (COMM 16)
|
|
SPS 318
|
Elevators, Escalators and Lift Devices (COMM 18)
|
|
SPS 328
|
Smoke Detectors and Carbon Monoxide Detectors (COMM 28)
|
|
SPS 330
|
Fire Department Safety and Health (COMM 30)
|
|
SPS 340
|
Gas Systems (COMM 40)
|
|
SPS 343
|
Anhydrous Ammonia (COMM 43)
|
|
SPS 361 through 366
|
Cleaning and Dyeing (COMM 15)
Uniform Multifamily Dwelling Code (COMM 66)
Flammable and Combustible Liquids (COMM 10)
Building, Heating, Ventilating and Air Conditioning Code (COMM
50-64)
|
(3)
Conflicting provisions. In case of conflict within the provisions
of this section or between Town ordinances, the stricter provision
shall apply.
(4)
Copies to be on file. Copies of the chapters of the Wisconsin Administrative
Code enumerated in this chapter shall be available for inspection
during Town Hall business hours.
(5)
Motor vehicle fire calls on highways or in Town. The owner of any
motor vehicle involved in a fire, spill or extrication on any public
highway or street to which the Fire Department responds shall be charged
a fee based upon the Federal Emergency Management Agency (FEMA) Schedule
of Equipment Rates.
(6)
Hazardous material incidents. Over and above any other fees, the
spiller of any hazardous material shall be charged for services provided
by the Fire Department. Such fee shall be based upon the Federal Emergency
Management Agency (FEMA) Schedule of Equipment Rates.
(a)
Additional fees. Over and above any other fees, the spiller of any
hazardous material shall be charged for all equipment and material
consumed in the cleanup of any spill.
(7)
Fire protection systems permit fees. The permit fees for automatic
sprinkler, fire alarm, and other automatic fire suppression systems
shall be collected by the Fire Department. The fees shall be in the
amount as listed in the Schedule of Fees and Forfeitures on file at
the Clerk's office, which may be updated from time to time.
(a)
Payment of fees. All permit fees shall be paid in full at the time
the permit is issued.
(b)
Permits issued and policed by. Permits will be issued by the Chief
Fire Inspector and policed by the Fire Department Bureau of Fire Prevention.
(c)
Plan approval. All plans shall be approved by the Fire Department
before being sent to the Building Inspector for approval.
(8)
Fire inspection fees. All businesses, hotels, motels, churches, schools,
and other nonprofit organizations will be charged for fire inspections.
The fees shall be in the amounts as listed in the Schedule of Fees
and Forfeitures on file at the Clerk's office, which may be updated
from time to time.
(a)
Residential multifamily units and hotels/motels. Fees shall be based
per unit or per room for hotels/motels.
(b)
High life safety facilities (hospitals, nursing homes, community based residential facilities). As used in this section, fees shall be based per square footage. The square footage refers to the total floor area of any building or structure and applies to any building, or portion of a building, subject to IBC Chapter 3, Sections 305, 308 and 310.
(c)
Fees for all other buildings. Fees for all other buildings subject
to Wisconsin Administrative Code, Chapters SPS 361 to 366, of the
Commercial Building Code. The square footage refers to the total floor
area of any building or structure.
(d)
Administration of fire prevention inspection fees. Fire prevention
inspection fees shall constitute as special charge against the property
under § 66.0627, Wis. Stats., and shall be invoiced to property
owners in July of each year. Any fees remaining unpaid as of November
1 each year shall be placed on the annual tax roll for collection
as a special charge together with an administrative charge of $15
per parcel. All proceedings related to the collection of real estate
taxes shall apply.
(e)
Reinspection fees. The fees assessed in Subsection 8(a) and (b),
fire inspection, include the primary inspection, and one reinspection.
After the reinspection, any business remaining in violation of Fire
Code correction orders shall be assessed for additional necessary
reinspection until the corrections have been made.
1.
If violations are not corrected by the fourth inspection, additional
action may be taken which may include a possible revocation of occupancy
permits.
2.
A municipal citation will be issued by the Town Fire Department after
a formal complaint is filed with the Fire Chief. This municipal citation
may be appealed through the Municipal Court.
(9)
Online inspection and service record reports. Owners of public buildings
and places of employment, as those terms are defined under § 101.01,
Wis. Stats., shall cause all inspection reports, service records,
notices of violation, and any other information requested by the Fire
Inspector to be filed online at a location and online service provider
chosen by the Fire Inspector. Property owners who fail to comply with
these requirements will be subject to an additional inspection fee
as determined by the Town Board.
(1)
Burning certain substances. Except as provided in this section, no
person shall burn or cause to be burned:
(a)
Garbage.
(b)
Material liberating any toxic substance or combustion producing any
noxious odor or creating a health hazard. This section shall not include
fallen leaves, cut grass or branches that have fallen or been cut.
(c)
Flammable or combustible liquids or any other materials that create
a fire hazard.
(d)
Open areas of standing grass, woods, brush, or similar materials.
(e)
Combustibles in an amount exceeding two feet in height and four feet
in diameter.
(2)
Times permitted.
(a)
Burning shall be allowed during daylight hours only and shall be
completely extinguished by sunset.
(b)
Burning to be supervised. Burning shall be physically supervised
by a competent person at least 16 years of age and personally attended
until such fire is completely extinguished. This person shall have
fire-extinguishing equipment available within 20 feet of such fire
for immediate use.
(c)
Burning not allowed with excessive wind. No open burning shall be
allowed when the wind velocity exceeds 10 miles per hour, as indicated
by the National Weather Service.
(d)
Burning prohibited in certain locations. Burning and the disposal
of ash residue shall not be permitted on or within any improved street,
drainage ditch, alley, parkway, public place, or public right-of-way.
1.
Burning on nonresidential properties, as well as any residential
property other than a one-family or two-family residential property
is prohibited, except as otherwise provided by Subsection 2(e).
(e)
Permits. The Fire Chief is authorized to issue written permits on
forms for fires otherwise prohibited by Subsection (1)(a), (b), (c),
(d) and (e) of this section, and to impose such additional conditions
and requirements as deemed necessary for the public safety and welfare.
He/she may refuse such permits completely if he/she concludes the
proposed burning would be hazardous, unsafe, or otherwise harmful.
1.
Permits shall not be required for burning permitted combustibles
in an amount less than four feet in diameter and two feet in height,
more than 25 feet from any building and the front lot line, 15 feet
from the side lot line and 10 feet from the rear lot line, provided
the fire is watched and controlled and adequate fire protection facilities,
such as a garden hose or fire extinguisher, are available and ready
for instant use.
2.
Whenever, because of extreme dryness and/or drought, the Town of
Brookfield Fire Department shall deem it imprudent to set fires upon
any land within the Town, it shall, by proclamation, declare an emergency
and cause to be published in a newspaper of general circulation in
the Town a notice forbidding the setting of fires within the Town
of Brookfield and, after the publishing of such notice, no person
shall set any fire upon lands in said area until the expiration of
such emergency.
(f)
Exemptions. The following are exempt from the provisions of this
section:
1.
Cooking fires in barbecue pits, grills and outdoor fireplaces; operation
of home incinerators inside a dwelling and commercial incinerator.
2.
For other than one- and two- family dwellings, no hibachi, grill,
or similar devices used for cooking, heating or any other purpose
shall be used or kindled on any balcony, under any overhang or within
10 feet of any structure.
3.
Burning of fire wood only will be permitted in a fire pit, both commercial
or man-made, after daylight hours with the following provisions:
a.
The fire pit be no larger than four feet in diameter and two
feet in height, more than 25 feet from any building and the front
lot line, 15 feet from the side lot line and 10 feet from the rear
lot line.
b.
The fire is watched and controlled and adequate fire-protection
facilities, such as a garden hose or fire extinguisher, are available
and ready for instant use
c.
The wind velocity exceeds 10 miles per hour, as indicated by
the National Weather Service.
(1)
Intent. The intent of this section is to provide for the installation
of automatic sprinkler systems, other fire suppression devices, fire
alarm systems, fire hydrants, and other life safety systems required
for the protection of life and property within the Town and to provide
rules and regulations for contractors and property owners for the
installation and maintenance.
(2)
Design. The design and installation of life safety and fire suppression
and alarm systems shall comply with the National Fire Protection Code
(NFPA), Wisconsin Statutes and Administrative Code and any rules and
regulations as set forth in this chapter.
|
Chapter
|
Name or Topic
|
|---|---|
|
§ SPS 362.0903
|
Automatic fire sprinkler systems (COMM 51)
|
|
§ SPS 362.0904
|
Alternative automatic fire-extinguishing systems (COMM 51)
|
|
§ SPS 362.0907
|
Fire alarm and detection systems (COMM 51)
|
|
§ SPS 362.0909
|
Smoke control systems (COMM 28)
|
|
§ SPS 362.0915
|
Carbon monoxide detection (COMM 28)
|
(3)
Where required. Installation of automatic sprinkler systems shall
be required for new construction as follows:
(b)
For buildings used as IBC Chapter 3 Section 311 (Groups S-1 and S-2) occupancies:
1.
Storage or repair garages containing spaces for more than three passenger
vehicles above or below other occupancies.
2.
All garages attached to or part of a passenger terminal.
3.
Every
building which because of its construction or highly combustible occupancy
involves a severe life hazard to its occupants, adjoining property,
or constitutes a fire menace in the judgment of the Fire Chief.
4.
All
buildings where the height exceeds one story require standpipes.
(4)
Testing and maintenance.
(a)
Testing and maintenance of life safety, fire suppression and alarm
systems shall comply with the National Fire Protection Code (NFPA),
Wisconsin Statutes and Administrative Code and Town Fire Protection
and Life Safety Code. Records of such tests and maintenance shall
be kept and made available to the Fire Department on inspection or
request.
(b)
Life safety, fire suppression and alarm systems shall be always maintained
in operative condition at all times.
(c)
It shall be unlawful for any owner or occupant to reduce the effectiveness
of the protection so required, except that this shall not prohibit
the owner or occupant from temporarily reducing or discontinuing the
protection where necessary to make tests, repairs, alterations or
additions.
(5)
Existing buildings.
(a)
General exception. Except as hereinafter provided, automatic fire
sprinklers, smoke detectors, and standpipes need not be installed
in buildings which exist or were under construction before 1 May 2001,
unless such installation was required by previous ordinance, administration
regulation or state statute.
(b)
Expansion or remodeling. When a building is expanded or remodeled
so that more than 25% of the gross interior area of the original building
is remodeled or added to and the created building is of a size, type,
or use which, if the building were to be constructed new, the entire
building shall be subject to the requirements of this Code.
(c)
In determining the forgoing percentage, successive additions, expansions,
or remodeling if made within a period of 20 years shall be aggregated
and treated as a single expansion or addition. The twenty-year aggregating
period of this section shall not be limited by the date of adoption
of this section.
(d)
Regardless of the percentage of a building expansion or remodeling,
if the addition, expansion, or remodeled area is of a size or type
or for a use which is subject to the provisions of this chapter, the
addition, expansion, or remodeled area must conform to the requirements
of this chapter.
(6)
Fire
protection monitoring requirements.
(a)
Monitoring
required. Any sprinkler system installed in the Town shall be monitored
by an approved central station facility for:
(b)
Retroactivity.
Any sprinkler system installed before the enactment of this chapter
and which is not monitored by an approved central station facility
shall have one year to have such service installed and operational.
(1)
In all
new and existing buildings, minimum radio signal strength for Fire
Department communications shall be maintained at a level determined
by the AHJ. (11.10.1)
(2)
Where
required by the AHJ, two-way radio communication enhancement systems
shall comply with NFPA 72. (11.10.2)
(3)
Where
a two-way radio communication enhancement system is required and such
system, components, or equipment has a negative impact on the normal
operations of the facility at which it is installed, the AHJ shall
have the authority to accept an automatically activated responder
system. (11.10.3)
(4)
Approval
will not be granted until a fire protection system installation/plan
review application form has been submitted to the Fire Department
Bureau of Fire Prevention and paid for in full by the contractor.
No automatic fire sprinkler system, fire alarm system, fire
detection/protection devices, or any other fire-suppression equipment
shall be installed or altered in any building until:
(1)
Fire Department review. One copy of State of Wisconsin approved plans
and calculations, if state approval is required by Wisconsin Statutes,
rules or regulations, and one copy of cut sheet on all fire-protection
and/or fire alarm equipment be submitted electronically to and approved
by the Fire Department Bureau of Fire Prevention.
(a)
One hard copy of State of Wisconsin approved plans, if state approval
is required by Wisconsin Statutes, rules or regulations be submitted
by mail to the Fire Department Bureau of Fire Prevention.
(b)
Approval will not be granted until a fire protection system installation/plan
review application form has been submitted to the Fire Department
Bureau of Fire Prevention and paid for in full by the contractor.
(c)
Approved plans must be stamped “approved” by the Fire
Department Bureau of Fire Prevention along with the date of approval
and shall be kept on file with the Fire Department. The installing
contractor is required to keep approved plans on-site and available
for review by an inspector.
(d)
Stamped
“approved” plans by the Fire Department Bureau of Fire
Prevention along with the date of approval will be sent back to the
submitter electronically.
(e)
Additions
or changes to any fire-protection system involving fewer than 20 devices
or appliances to an existing approved system requires a letter from
the owner of the building, occupant and/or approved contractor to
the Fire Department Bureau of Fire Prevention describing the installation,
including a sketch of the proposed additions or changes.
(f)
A
fire-protection system installation/plan review application form shall
be submitted to the Fire Department Bureau of Fire Prevention for
any additions or changes to a fire-protection system regardless of
number of devices or appliances to an existing approved system.
(2)
Penalty.
A double permit fee will be charged for any construction performed
before a fire protection permit being obtained from the Fire Department.
(1)
Installation requirements.
(a)
Fire Department connection (FDC).
1.
Except
for one- and two-family dwellings, any sprinkler system installed
in the Town shall be provided with at least one or more Fire Department
connections with two female couplings with National Standard threads
or one five-inch Storz connection, as approved by the Fire Chief,
attached to a header of adequate size in accordance with fire-protection
engineering standards.
2.
Any
FDC shall be designed, installed, and located in compliance with § DSPS
362.0903 and NFPA 13, 13D or 13R, as appropriate.
3.
Horn
and strobe. A horn-and-strobe alerting device shall be installed above
Fire Department connection (FDC), in place of bell system alerting
device.
(b)
Standpipes/risers.
(2)
Testing
and maintenance. Portable fire extinguishers shall comply with the
National Fire Protection Code (NFPA), Wisconsin Statutes and Administrative
Code and Town Fire Protection and Life Safety Code.
(a)
Records
of such tests and maintenance shall be kept and made available to
the Fire Department on inspection or request.
(3)
Location.
Notwithstanding the provisions of Chapter SPS 375 and NFPA 10, fire
extinguishers shall be located in the path of egress as close to an
exit door as possible.
(2)
The testing and maintenance of exit signs shall comply with the National
Fire Protection Code (NFPA), Wisconsin Statutes and Administrative
Code and Town Fire Protection and Life Safety Code.
(a)
Records
of such tests and maintenance shall be kept and made available to
the Fire Department on inspection or request.
(1)
All emergency lighting systems required by Chapters SPS 361 through 366, Wisconsin Administrative Code, for providing illumination in all stairways, hallways, other paths of egress, and basements during any failure or outage of commercial electric power shall be provided with a compliment of approved exit sign complying with IBC, Chapter 10, Section 1008, NFPA 1 and/or NFPA 10, Chapter 7.
(2)
Where
required.
(a)
In
any factory, office, manufacturing, or warehouse occupancy over two
interior stories or 10,000 square feet in gross interior area.
(b)
In
any mercantile building over two interior stories or 4,000 square
feet in gross interior area.
(c)
In
any place of public assembly with an occupant load of 100 persons
or more, regardless of size.
(d)
In
all multifamily residential occupancies which contain common use areas
and contain 10 or more bedrooms. An efficiency unit shall be considered
as a bedroom.
(e)
In
any restaurant or drinking establishment, regardless of size.
(f)
In
any school or place of instruction housing more than 20 students.
(g)
In
any health care facility, regardless of size.
(h)
In
any place of detention, regardless of size.
(3)
Testing
and maintenance. Emergency lighting systems shall comply with the
National Fire Protection Code (NFPA), Wisconsin Statutes and Administrative
Code and Town Fire Protection and Life Safety Code.
(a)
All
light fixtures provided for providing illumination of stairways, hallways,
other paths of egress and basements during outage or failure of commercial
electric power shall be tested at least monthly.
(b)
Records
of such tests shall be kept and made available to the Fire Department
on inspection or request.
(1)
Access box.
(a)
The
Knox-Box® vault system is adopted as the standard key vault system
in the Town. A Knox-Box® shall be installed in all existing buildings
that have a monitored automatic alarm system.
(b)
The
Knox-Box® shall be installed at such location(s) as designated
by the Fire Chief or Bureau of Fire Prevention.
(c)
A
minimum of one lock box shall be provided for each building. The Fire
Chief or Bureau of Fire Prevention may require more than one lock
box for large buildings.
(2)
Fire lanes.
(a)
Purpose.
The purpose is to authorize the Fire Chief to require the construction
and maintenance of fire lanes as a means of providing access for Fire
Department apparatus in both emergency and nonemergency situations.
As used herein, the term "means of access for Fire Department apparatus"
shall be construed as requiring construction of a hard, all-weather
surface, adequately designed to support the heaviest piece of fire
apparatus likely to be operated on the fire lane.
(b)
Specifications
for fire lanes. All fire lanes, whether required by this chapter or
not, shall be at least 20 feet wide. Fire lanes shall be located so
that the closest edge of the fire lane is at least 10 feet from a
building but not more than 30 feet from the building(s) with which
it is associated. All curves and turnarounds shall be designed for
a minimum forty-eight-foot turning radius.
(c)
Marking
of fire lanes. Any fire lane, whether required by this chapter or
not, shall be marked with approved signs within five feet of the beginning
and within five feet of the end of the fire lane. Spacing between
such signs shall not exceed 100 feet. Fire lane signs shall be affixed
to a stationary pole or object and shall face in the direction of
oncoming traffic. In addition to signage, the curb along each fire
lane shall be painted yellow. Where there is no curb, a four-inch-wide
stripe shall be painted the full length of the fire lane. In addition
to signage and marking described above, any roadway for the exclusive
use as a fire lane shall be striped with four-inch-wide yellow stripes.
(d)
Maintenance
of fire lanes. The property owner on which any fire lane is situated
shall keep the fire lane clear of all obstructions, including ice
and snow, at all times.
(e)
Damaging
or defacing fire lane signs. Any person, firm, or corporation, who
damages, defaces, or removes a fire lane sign without the approval
of the Fire Department shall be subject to citation and forfeiture
as provided for in this chapter.
(f)
Construction
of fire lanes on private lands. Fire Chief is authorized to require
the owner of any private lands to construct fire lanes for effecting
the purpose of this section. The Fire Chief shall notify the property
owner of the necessity to establish a fire lane. Such notice shall
advise the property owner as to the nature and location of the fire
lane and shall further specify the time period within which the fire
lane shall be constructed which in no event shall exceed 60 days from
the date of the notice.
(g)
Obstructing
a fire lane. Except as provided in this section, any person who parks
any motor vehicle in or in any other way obstructs any area designated
and posted as being a fire lane shall be subject to citation and forfeiture
as provided in this chapter.
(h)
Exception.
Should it become necessary to obstruct any part of a fire lane for
construction, remodeling or building repair, the property shall obtain
permission from the Fire Chief or the Bureau of Fire Prevention before
construction.
(i)
Temporary
loading or unloading permitted. Vehicles will be permitted to stop
in a fire lane while actively loading or unloading, provided the driver
of the stopped vehicle is within sight of the vehicle at all times.
(3)
Access to construction areas.
(a)
Access.
Every building construction site shall be made accessible to Fire
Department apparatus by way of an access roadway. Such access roadway
shall be in place and accessible to fire equipment before the delivery
of any combustible construction materials.
(b)
Access
specifications. Access roadways on construction sites shall be extended
to within 30 feet of the closest part of the building being constructed.
Such roadways shall have not less than 20 feet of unobstructed width
and a minimum of 13 feet six inches of vertical clearance. Such roadways
over 300 feet in length shall be provided with approved provisions
for a turnaround adequate for Fire Department apparatus. A driving
surface of at least road base quality gravel shall be maintained at
all times in order that all-weather integrity is assured. The road
base shall be capable of supporting the imposed loads of fire apparatus.
(4)
Fire hydrant requirements for private property and existing buildings.
(a)
Any
building hereafter erected or structurally altered to increase the
floor area by 25% or more shall provide, at the owner's expense, an
approved fire hydrant or hydrants when such a building is set back
more than 250 feet from Town fire hydrants.
(b)
Fire
hydrants shall be freestanding and located not more than 50 feet or
less than 25 feet from the main entrance. Additional hydrants shall
be provided around the perimeter of the building so that no fire hydrant
is more than 250 feet from another approved hydrant measured by normal
access routes.
(c)
Fire
hydrants shall be within 150 feet of an approved Fire Department connection
(FDC). Fire Department connection shall also be unobstructed and visible
from adjacent roadways.
(d)
Fire
hydrants to be kept clear. The owner of any property upon which any
fire hydrant is located shall keep such hydrant clear and unobstructed
at all times. Fire hydrants shall be kept clear of snow and ice.
(1)
Premises identification.
(a)
New
and existing buildings shall have approved address numbers placed
in a position to be plainly legible and visible from the street or
road fronting the property.
(b)
Address
numbers for suites within a multiple-tenant building or complex shall
be individually identified in a manner approved by the Fire Chief
or the Fire Department Bureau of Fire Prevention, to include rear
door of tenant.
(c)
Address
numbers and unit/suite numbers shall contrast with their backgrounds.
(d)
Address
numbers and unit/suite numbers shall be Arabic numerals or alphabet
letters.
(e)
Each
character shall be a minimum of four inches high with a minimum stroke
of 1/2 inch.
(1)
Means of emergency communication. Notwithstanding the requirements
of Chapter DSPS 318, Elevators, and American National Standard Safety
Code for Elevators and Escalators, ASMEA 17.1, any voice communication
device installed in an elevator car shall be directly connected upon
activation with an approved central station facility.
(2)
In any building with elevators, all elevators shall be a minimum
size as to accommodate a 76 inches by 24 inches ambulance stretcher
in a full reclining position.
(1)
DISPOSAL
HAZARDOUS SUBSTANCE, HAZARDOUS MATERIAL, HAZARDOUS CHEMICAL,
HAZARDOUS WASTE, and DANGEROUS GOODS
HEALTH HAZARD
TRANSPORTATION
TREATMENT
TREATMENT FACILITY
Definitions. As used herein, the following words, terms, and phrases
shall have the meanings as herein assigned.
The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any hazardous material or waste into or onto any land
or into any water so that the hazardous material or waste or any constituent
thereof may enter the environment, be emitted into the air, or discharge
into any waters, including groundwaters.
Any substance that, by reason of being explosive, flammable,
poisonous, corrosive, oxidizing, irritating or otherwise harmful,
is or may become a health hazard.
Shall have the meaning as defined in OSHA Hazard Communication
Standard 29 CFR 1910.1200, Appendix A.
The movement from the point of production, generation or
use to any intermediate site, and finally to the point of ultimate
storage or disposal.
Any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of any hazardous material to neutralize or render it
nonhazardous, safer for transport, amenable for recovery or storage,
or reduced in volume.
A location for treatment, including an incinerator or a facility
where generation has occurred.
(2)
Reporting requirement. All businesses shall file with the Fire Department
a material safety data sheet (MSDS) which shall identify all hazardous
substances located on the business premises. The MSDS report shall
be updated, from time to time, to appraise the Fire Department of
any additions to or deletions from the hazardous substance inventory
previously reported to the Department. If a business does not store
hazardous substances on the business premises, an authorized representative
of the business shall file a statement to that effect with the Fire
Department.
No occupancy or temporary occupancy permit shall be issued for
buildings covered by this chapter until written approval of the Bureau
of Fire Prevention is given and fire-protection permit fees are paid
in full.
(1)
Where,
at the time of its construction, a building or any part thereof is
exempt from the requirements of this chapter by reason of its proposed
intended use and, subsequent to construction, the use of such building
or part thereof is changed in such a way that the reason for the exemption
no longer exists, the building shall be made to conform with the requirements
of this chapter.
(2)
If the
use of an existing building or structure is changed, and the requirements
for the new use are more stringent than those for the previous use,
the building or structure shall be made to comply with the requirements
for the new use.
(3)
Substitute
fire suppression systems may be used in lieu of a sprinkler system
when the Fire Chief determines the use of water could damage equipment
or materials or such system is impossible or impracticable to install.
Such equivalent substitute fire suppression system(s) shall be dependent
upon the occupancy type and building construction. Smoke detectors
and other fire detection devices may also be required.
Incorporation of Ch. 323, § 323(5), (5m), (6), (7m)
and (8), Wis. Stats., as the same presently exists or as may be modified
from time to time are incorporated herein by reference. Inspection
and enforcement of the statutory provisions, to the extent in § 323(7m)
(8), Wis. Stats., shall be performed by personnel of the Fire Department.
(1)
Penalties. The penalty provisions in § 323.60(11)(a) through
(e), Wis. Stats., are incorporated herein by reference.
Except as otherwise provided, any person found to be in violation
of any provision of this chapter or any order, rule or regulation
made hereunder shall be subject to a penalty as provided in this chapter.
