[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as §§ 4.05 to 4.23, 10.11 and 10.12 of
the 2011 Code. Amendments noted where applicable.]
No person shall impede the progress of a fire engine, fire truck
or other fire apparatus of the Williams Bay Fire Department along
the streets or alleys of such Village at the time of a fire or when
the Fire Department of the Village is using such streets or alleys
in response to a fire alarm or for practice.
A.
The Chief and assistants or officers in command at any fire are hereby
vested with full and complete police authority at fires. Any officer
of the Department may cause the arrest of any person failing to give
the right-of-way to the Fire Department in responding to a fire.
B.
The Fire Chief may prescribe certain limits in the vicinity of any
fire within which no persons, excepting firefighters and police officers
and those admitted by order of any officer of the Department, shall
be permitted to come.
A.
The Chief 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 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.
B.
Fire inspection duties.
(1)
The Fire Chief, or the Chief's designee, shall be the Fire Inspector
of the Village of Williams Bay and shall have the power to appoint
one or more Deputy Fire Inspectors and shall perform all duties required
of the Fire Inspectors by the laws of the state and rules of the Department
of Safety and Professional Services, particularly § 101.14,
Wis. Stats.
(2)
While acting as Fire Inspector pursuant to § 101.14(2),
Wis. Stats., the Fire Chief, or any officer 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 Village of Williams
Bay at all reasonable hours for the purpose of making inspections
or investigations which, under the provisions of this Code, he/she
may deem necessary. Should the Fire Inspector find that any provisions
of this Code relating to fire hazards and prevention of fires are
being violated, or that a fire hazard exists which should be eliminated,
it shall be his/her duty to give such directions for the abatement
of such conditions as he/she shall deem necessary and, if such directions
are not complied with, to report such noncompliance to the Village
Board for further action.
(3)
The Chief of the Fire Department is required, by himself/herself
or by officers or members of the Fire Department designated by him/her
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. Such inspections
shall be made at least once in six months in all of the territory
served by the Fire Department and not less than once in three months
in such territory as the Village Board has designated or hereafter
designates as within the Village or as a congested district subject
to conflagration, and as often as the Chief of the Fire Department
orders. Each six-month period shall begin on January 1 and July 1,
and each three-month period on January 1, April 1, July 1 and October
1 of each year.
(4)
Written reports of inspections shall be made and kept on file in
the office of the Chief of the Fire Department in the manner and form
required by the Department of Safety and Professional Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall willfully injure in any manner any hose, hydrant
or fire apparatus belonging to the Williams Bay Fire Department, and
no vehicle shall be driven over any 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 official in command.
A.
Parking vehicles near hydrants. It shall be unlawful for any person
to park any vehicle or leave any object within 10 feet of any fire
hydrant at any time.
B.
No parking near fire. It shall be unlawful for any person, in case
of fire, to drive or park any vehicle within one block from the place
of fire without the consent and authority of the Fire Chief or any
police officer.
A.
Entering adjacent property. It shall be lawful for any firefighter
while acting under the direction of the Fire Chief or any other officer
in command to enter upon the premises adjacent to or in the vicinity
of a 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 firefighter in the discharge of his duty as is hereinbefore provided,
the person so offending shall be deemed guilty of resisting firefighters
in the discharge of their duty.
B.
Destruction of property to prevent the spread of fire. During the
progress of any fire, the Fire Chief or his/her assistant shall have
the power to order the removal or destruction of any property necessary
to prevent the further spread of fire, provided that it is inevitable
that, unless such property is removed, other property is in danger
of being destroyed by fire.
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.
Whenever there shall be a fire or fire alarm or the Fire Department
shall be out for practice, every person driving or riding in a motorized
or other vehicle shall move and remain to the side of the street until
the fire engine and fire truck and other fire apparatus shall have
passed.
No person shall occupy any portion of such streets or alleys
with a motorized or other vehicle between such fire engine or fire
truck or other fire apparatus and any hydrant to which a fire hose
may be, or may be about to be, attached.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The following chapters of the Wisconsin Administrative Code are hereby
adopted and by reference made a part of this section as if fully set
forth herein:
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SPS 314
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Fire Prevention
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SPS 316
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Electrical
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SPS 361 to SPS 366
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Commercial Building Code
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SPS 375 to SPS 379
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Buildings Constructed Prior to 1914
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B.
The following National Fire Codes, published by the National Fire
Protection Association are hereby adopted and by reference made a
part of this section as if fully set forth herein:
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NFPA 1
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NFPA 1 - Fire Code
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NFPA 10
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Standard for Portable Fire Extinguishers
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NFPA 13
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Standard for the Installation of Sprinkler Systems
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NFPA 13R
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Standard for the Installation of Sprinkler Systems in Low-Rise
Residential Occupancies
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NFPA 58
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Liquefied Petroleum Gas Code
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NFPA 211
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Standard for Chimneys, Fireplaces, Vents and Solid-Fuel-Burning
Appliances
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C.
The following International Code Council standards are hereby adopted
and by reference made a part of this section as if fully set forth
herein:
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2003 ICC - ANSI A117.1
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Accessibility Standards
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Any act required to be performed and any act prohibited by the
sections of the Wisconsin Administrative Code or the National Fire
Code incorporated herein by reference is an act required or prohibited
by this chapter.
A.
Any future amendment, revision or modification of the sections of
the Wisconsin Administrative Code or National Fire Code incorporated
herein by reference are intended to be made a part of this chapter
and are automatically adopted by reference herein upon their effective
dates.
B.
In case of a conflict between any provisions of this chapter, the
Wisconsin Administrative Code or the National Fire Code, the provisions
containing the strictest provisions shall apply.
C.
A copy of the applicable provisions shall be kept at all times and
available for inspection during reasonable hours in the offices of
the Village Clerk and the Fire Chief in the Village Fire Department.
A.
Whenever the Fire Chief finds that a violation exists which presents
a situation so dangerous as to be an immediate hazard or threat of
damage or injury to any property or to any person's life, safety or
health, the Fire Chief may order an immediate vacation of the building,
structure or premises which are so threatened.
B.
The order to vacate in an emergency situation may be given orally
by the Fire Chief to those persons present in the building, structure
or premises.
C.
If such order is given orally, the Fire Chief shall post on each
entrance to the vacated building a sign or notice that the building
has been ordered vacated or is unfit for occupancy.
D.
If the emergency situation terminates within three days, the Fire
Chief shall prepare a report of the emergency situation and vacation.
Such report shall contain the following information:
(1)
A description of the premises sufficient for identification.
(2)
Specification of the condition requiring immediate vacation and the
section of the code under which such emergency order was issued.
(3)
Date of issuance of the order to vacate.
(4)
Date of withdrawal of the order to vacate.
(5)
The names of the person or persons who were ordered to vacate the
building, structure or premises and the date on which they were so
ordered.
E.
If the emergency situation exists longer than three days, the Fire
Chief shall after three days prepare a written order which shall contain
the following information:
(1)
A description of the premises sufficient for identification.
(2)
An order that the building, structure or premises be vacated and
remain vacated until such order to vacate is withdrawn.
(3)
Specification of the condition requiring immediate vacation and the
section of the code under which such emergency order is being issued.
(4)
The date the oral order to vacate was given.
(5)
A statement of the penalty for defacing or removal of the copy of
the order.
(6)
The signature of the Fire Chief and a statement that the order was
issued from the Fire Department.
(7)
The date of posting of the written order.
F.
A copy of any written order shall be posted on the premises and shall
be served on the owner.
G.
When the Fire Chief is satisfied that the hazard or condition causing
the emergency situation has been corrected, he shall withdraw the
order to vacate and remove any posted order or notice. If a written
order was posted, the Fire Chief shall notify the owner in writing
of the withdrawal of the order to vacate.
H.
The owner of a building shall notify the occupants of any order to
vacate and of the withdrawal of such order. Any damage, loss or injury
to either the owner or occupants of the building ordered to be vacated
shall not be the responsibility of the Village, unless directly caused
by the Village's negligence. Any damage, loss or injury to either
the owner or occupants shall be the responsibility of the person or
persons who caused the code violation or who allowed the violation
to exist.
I.
The Fire Chief shall furnish a copy of all orders to vacate and notices
of withdrawal thereof to any other official of the Village concerned
therewith.
A.
In circumstances where, in the opinion of the Fire Chief, the violation
presents a situation so dangerous as to be an immediate threat of
damage or injury to any property or any person's life, safety or health,
the Fire Chief may cause the immediate abatement, removal or correction
of the violation. Any and all costs incurred by the Village in the
performance of the abatement, removal or correction of such violation
shall be charged to the owner, occupant, person in control of or person
responsible for such violation.
B.
In case of a failure to pay these costs, a statement of such costs
shall be filed with the Village Clerk and any and all costs thereof
shall be charged against the real estate upon which the violation
was located, shall be a lien upon the real estate and shall be assessed
and collected as a special tax.
Whenever the Chief shall find in any building or upon any premises
dangerous or hazardous conditions or materials as follows, he shall
order such dangerous conditions or materials to be removed or remedied:
A.
Dangerous or unlawful amounts of combustible, explosive or otherwise
hazardous materials.
B.
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible, explosive or otherwise
hazardous materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or
other highly combustible materials.
D.
Accumulations of dust or waste material in air-conditioning or ventilating
systems or of grease in kitchen or other exhaust ducts or inadequate
clearances to unprotected combustible materials from hoods, greases
extractors and ducts.
E.
Obstructions to or on fire escapes, designated access openings in
exterior walls for Fire Department use, stairs, passageways, doors
or windows, liable to interfere with the operations 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 adequate exit facilities, automatic or other fire alarm apparatus
or fire-extinguishing equipment; by reason of age or dilapidated condition;
or from any other cause creates a hazardous condition.
A.
The service of written orders for the correction of violations of
this chapter shall be made upon the owner, occupant or other person
responsible for the conditions, either by delivering a copy of same
to any person in charge of the premises or by mailing such orders
to the owner or other responsible person. This subsection shall in
no way preclude the Chief from issuing oral orders in such other manner
as he deems appropriate under the circumstances.
B.
If buildings or other premises are owned by one person and occupied
by another, the orders issued in connection with the enforcing of
this chapter shall apply to the occupant thereof as well as the owner,
except where the rules or orders require the making of additions to
or changes in the premises, such as would immediately become fixtures
upon real estate and be the property of the owner of the premises,
and, 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.
C.
Receipt of such orders by the owner or occupant is sufficient notice
to effect compliance with the order.
No person shall deface or remove a posted copy of an order from
any premises upon which it has been placed under this chapter, except
by authority from the Fire Chief.
In case any order is not promptly complied with, the Fire Chief
may follow any, several or all of the following procedures:
A.
Cause a citation to be issued to the owner, operator or other person
responsible for the violation, citing a violation of this chapter.
B.
Request the Village Attorney to institute an appropriate action or
proceeding at law or in equity against the owner, operator or other
person responsible for the violation, ordering him to:
(1)
Restrain, correct or remove the violation or refrain from any further
execution of work;
(2)
Restrain or correct the erection, installation or alteration of such
building in violation of this chapter;
(3)
Remove work in violation;
(4)
Prevent the occupancy or use of the building, structure or part thereof
erected, constructed, installed or altered in violation of or not
in compliance with the provisions of this chapter or in violation
of a plan or specification under which an approval, permit or certificate
was issued; or
(5)
Pay a forfeiture pursuant to the penalty provisions of this chapter.
[Amended 5-16-2016 by Ord. No. 2016-4]
A.
Prohibited. Open air burning of all combustible materials is prohibited
in the Village. Under no circumstances will burning be permitted on
the asphalt or concrete portion of a roadway or public sidewalk.
B.
Exceptions.
(1)
The burning of leaves and small sticks is permissible under the following
conditions:
(a)
All burning must be done under the constant supervision of an
adult until the fire is extinguished and cold. The person should have
readily available for use such fire-extinguishing equipment as may
be necessary for the total control of the fire.
(b)
All burning must be confined by a control device or structure,
such as a barrel, fire ring, or fire pit.
(c)
All burning shall be conducted in a safe and nuisance free manner,
when wind and weather conditions are such as to minimize adverse effects
and not create a health hazard or a visibility hazard on roadways.
(d)
Except for barbecue, gas and charcoal grills, no burning shall
be undertaken during periods when the Fire Chief or the Wisconsin
Department of Natural Resources has issued a burning ban applicable
to the Village.
(e)
Burning shall only be conducted on the property on which the
materials were generated.
(f)
All burning under this section shall only be conducted at a
location at least 25 feet from the nearest building on the same property,
and at least 100 feet from the nearest building that is not on the
same property.
(g)
All burning must be done during daylight hours and no burning
will begin prior to 12:00 p.m. (noon).
(h)
Burning under this section shall be allowed only from October
1 through November 30 each year.
(i)
Burning under this section is not permitted whenever the wind
velocity exceeds 10 miles per hour, as measured and posted by the
National Weather Service for the Village of Williams Bay.
(2)
The burning of recreational campfires is permissible under the following
conditions:
(3)
The Village President, upon recommendation from the Fire Chief, may issue an order suspending the provisions of Subsection B(1) and (2) for up to 30 days whenever the Village President deems it imprudent to allow open air burning within the Village. The order of suspension, forbidding open fires within the Village, shall be posted in five or more public places in the Village or published once in the official Village newspaper.
[Added 6-21-2021 by Ord. No. 2021-05[1]]
(4)
This section does not apply to burns conducted by the Village of
Williams Bay on Village of Williams Bay property or to organized and
controlled burns conducted on the grounds of the Kishwauketoe Nature
Conservancy by individuals authorized to organize and conduct such
controlled burns at Kishwauketoe Nature Conservancy.
C.
Safe burning. Any person, firm, or corporation who burns pursuant to the exceptions stated in Subsection B above shall do so in a safe manner so as not to cause damage to the property of another.
D.
Special exceptions. The Building Inspector of the Village of Williams
Bay may grant an exception to this section for special purposes or
events that the Building Inspector feels are appropriate with a permit.
E.
Special charge for noncompliance. Any fire that results in a response
by the Williams Bay Fire Department to extinguish a fire for noncompliance
with this section shall result in a special charge for services to
the person in control of the property or the fire in the amount of
$500 which shall be payable within 30 days of the date of billing
pursuant to § 66.0627, Wis. Stats.
A.
State Flammable Liquids Code adopted. The State Flammable Liquids
Code, Ch. ATCP 93, Wis. Adm. Code, is adopted by reference and made
a part of this section.
B.
Compliance required. No person shall store or use flammable liquids
within the Village except in accordance with the State Flammable Liquids
Code and this section.
C.
Fire Chief approval required. Any person handling or storing flammable
liquids of any flash point shall submit to the Fire Chief full information
and plans on his proposed installations and methods of storing and
handling such liquids. No such installations shall be made without
the approval of the Fire Chief.
D.
Approval of Building Inspector required. A duplicate set of the plans
and information shall be submitted to the Building Inspector for his
consideration, and the Building Inspector shall not grant a permit
for such installation or handling without the Fire Chief's written
approval.
E.
Building, Zoning and Ordinance Committee to report to Village Board.
Upon receipt of such information and plans, the same shall be referred
to the Building, Zoning and Ordinance Committee for its consideration
and report to the Village Board.
F.
Considerations for permitting installations. The Village Board, Building
Inspector and Fire Chief shall not permit any installation for the
handling and storing of flammable liquids in situations that will
create hazards of fire and explosion and shall take into consideration
matters of traffic, seepage, proximity to other buildings, especially
heating plants, proximity to building lines and possible future structures
and slope of terrain.
G.
Inspection of storage containers. No storage containers, after being
installed upon obtaining proper permits, shall be covered up until
the same are inspected and approved by both the Fire Chief and the
Building Inspector.
A.
Any person violating any of the provisions of this chapter for which a penalty is not otherwise specified shall, upon conviction, be subject to a penalty as provided in § 1-4 of the Code of the Village of Williams Bay. Every day or fraction thereof during which any person fails or neglects to observe and comply with any provisions of this chapter shall constitute a separate offense.
B.
Any person who does not comply with any lawful order of the Fire
Chief issued pursuant to the provisions of this chapter shall be in
violation of this chapter.
