(1)
Purpose. This ordinance provides the Village with the rules and regulations
consistent with NFPA, NFC, and IFC nationally-recognized good practices
and/or codes to improve public safety by promoting the control of
fire hazards; regulating the installation, use and maintenance of
equipment; regulating the use of structures, premises, and open areas;
providing the abatement of fire hazards; establishing the responsibilities
and procedures for code enforcement; and setting forth the standards
for compliance and achievement of these objectives. For the purposes
of this section, shall not apply to one and two family dwellings unless
specifically stated in the code.
(2)
Primary Code Adoption.
[Amended 3-2-2020 by Ord.
No. 2020-04]
(a)
This section shall be known as the "Village Fire Prevention Code."
This section adopts, but is not limited to, the State of Wisconsin
Statutes, Department of Safety and Professional Services Chapters
301-399, the International Fire Code, and the National Fire Protection
Association shall be adopted. The same, including any future modifications
or amendments, are hereby adopted and incorporated as fully as if
set out at length herein. Not less than one copy of the adopted issue
of the International Fire Code and the adopted standards and codes
of the NFPA shall be filed in the office of the Department, and the
provisions thereof shall be controlling within the limits of the Village.
(b)
Any facility whose design and construction occurred before the effective
date of this code is governed by the codes in effect at the time of
design and/or construction. The provisions in SPS 314 and National
Fire Protection Association standards will apply to the use, operation
and maintenance of all public buildings and places of employment that
exist on or after the effective date of this ordinance.
(3)
This act shall be deemed in exercise of the police powers of the
Village for the preservation and protection of the public health,
peace, safety, and welfare, and all the provisions of the Village
Fire Prevention Code shall be liberally construed for that purpose.
The following are hereby adopted in their entirety.
(1)
The Wis. Stats. § 101.14 is hereby adopted.
(2)
The most current code, revision, and/or amendment of National Fire
Protection Agency 101 Life Safety Code is hereby adopted.
(3)
The most current code, revision, and/or amendment National Fire Protection
Agency Standards/codes are hereby adopted.
(4)
The most current code, revision, and/or amendment of the International
Fire Code is hereby adopted.
[Added 3-2-2020 by Ord.
No. 2020-04]
(1)
Inspection Duties. The Village fire chief shall determine the frequency
of fire safety inspections as indicated by the State of Wisconsin
Department of Safety and Professional Services (SPS Chapter 314.)
Village fire inspectors shall at least annually inspect all buildings,
premises and thoroughfares within the fire limits for the purpose
of noting and causing to be corrected any conditions liable to cause
fires. Repairs or alterations necessary to remove the hazardous condition
shall be made within a reasonable time at the expense of the owner.
The village fire inspector shall also investigate the storage and
handling the explosives and inflammable liquids within the village.
(2)
Written Record of Inspections. The Village fire inspector shall keep
a written or electronic record of each property inspected. The data
within the record shall comply with the requirements of the State
of Wisconsin Department of Safety and Professional Services (SPS Chapter
314).
(3)
Correction of Fire Hazards. When any inspection by the village fire
inspector reveals a fire hazard, the Village fire inspector may serve
a notice in writing upon the owner of the property giving said owner
a reasonable time in which to remove the hazard. If the fire hazard
is not removed within the time allowed, it shall be deemed a nuisance
and the inspector may have the same removed by the village and the
cost of such removal shall be recovered in an action by the village
against the owner of the property and may also be entered on the tax
roll as a special charge against the property.
(4)
Entering on Premises. The Village fire inspector shall be granted
free access to any property within the village at any reasonable time
for the purpose of making fire inspections. No person shall hinder
or obstruct the village fire inspector in the performance of official
duties or refuse to observe any lawful direction given by the village
fire inspector. Special inspection warrant. If consent to entry to
personal or real properties which are not public buildings or to portions
of public buildings which are not open to the public has been denied,
the fire inspector shall obtain a special inspection warrant under
Wis. Stats. §§ 66.0119 and 66.0119(3).
(5)
Fire Inspection Fees.
[Amended 6-15-2020 by Ord. No. 2020-09]
(a)
Annual fire prevention inspection fee. An annual fire prevention
inspection fee shall be charged to the business owner for required
inspections per each building, structure, and premises and leased
premises in which the business operates.
(b)
Inspection fee schedule. All property subject to the fire inspection
fee shall be charged according to the Village Fee Schedule which may
be amended by the Village Board.
(c)
Additional conditions.
1.
"Square footage" refers to total floor area of each building or structure, premises or leased premises inspected per Municipal Code § 4.09.5(1).
2.
If the annual fire prevention inspection fee, or any part thereof,
remains unpaid after November 1 of any year, the fee shall be placed
on the annual tax roll for collection against the property owner under
Wis. Stats. § 66.0627. All rules and regulations relating
to the collection of real estate taxes shall apply to the collection
of the annual fire prevention inspection fee.
3.
The inspection fee shall be invoiced on or before July 31 each
year. Any fees remaining unpaid 30 days after invoicing shall receive
an interest charge of 1% per month on the unpaid balance.
4.
All buildings, structures and premises owned by the Village
of Suamico shall be exempt from the annual fire prevention inspection
fee.
Burning of wood and/or paper products in controlled receptacles
will be allowed with a permit, provided such wood and/or paper products
are placed within a barrel, trash can, or other enclosed burner, and
that such barrel, trash can, or burner is covered and prevents burning
material or embers from escaping. Standards for such burners may be
specified by the Board and inspected by the Chief and/or Police Department
or the Chief's designee. No fire shall be started in any wood and/or
yard waste paper product burner unless the same is at least 25 feet
from the nearest building or pile of combustible material and such
fire shall remain under constant supervision and control until they
are extinguished.
No person shall place or store ashes in any wooden box or barrel,
paper carton or other combustible container, upon any wooden floor
or surface or against any wooden wall, partition, fence, post or in
contact with any other woodwork or combustible material.
Any person who, by smoking, attempting to light or lighting
cigarettes, cigars, pipes or tobacco in any manner in which lighters
or matches are employed who shall in a careless, reckless or negligent
manner set fire to any item of clothing, household furnishings, building,
or any other property whatsoever so as to endanger life or property
in any way shall be deemed guilty of violating this section and shall
be subject to the penalties of this chapter.
Whoever handles burning material in a highly negligent manner shall be subject to forfeiture as set forth at Section 4.99.
(1)
Whoever interferes with, tampers with or removes, without authorization,
any fire extinguisher, fire hose or any other fire fighting equipment;
or
Whoever intentionally gives a false alarm to any public officer or employee, whether by means of a fire alarm system or otherwise, shall be subject to forfeiture as set forth at Section 4.99.
The Chief shall have the authority to require a key box (Knox
box) to be installed in an accessible location where access to, or
within a structure or area is difficult because of security or where
immediate access is necessary for life saving or a fire alarmed building/structure
or where deemed necessary by the Chief for fire fighting purposes.
The key box shall be a type approved by the Chief and shall contain
keys necessary to gain total access to all areas of the building,
as required by the Chief. The operator of the premises shall immediately
notify the Department and provide the new key(s), any time a lock
is changed or re-keyed and a key(s) to that lock is contained in the
key box.
As of the effective date of this ordinance:
(1)
All new multi-family dwellings with common areas shall be required
to have a lock box, approved by the Chief and/or his Designee, installed
before issuing a Certificate of Occupancy.
(2)
All new commercial or industrial structures will be required to have
a lock box approved by the jurisdiction installed before issuing a
Certificate of Occupancy.
(1)
All public buildings within the Village and/or wherever flammable
and combustible materials including dusts, solids, liquids and gases
are sold, manufactured, handled or processed, shall have a fire extinguisher
in accordance to the applicable code with a minimum rating of 2A 10
BC. One fire extinguisher shall be required for each 3,000 square
feet or fraction thereof and at least one per each floor.
(2)
No person shall sell or trade any form, type or kind of fire extinguisher
which is not approved or which is not in proper working order, or
the contents of which do not meet the requirements of Village and
state fire and building codes.
(3)
Not withstanding the foregoing, portable fire extinguishers shall
not apply to the sale or trade of fire extinguishers to any person
or firm engaged in the business of selling or handling of such extinguishers
or the sale or exchange of obsolete or damaged equipment for junk.
(1)
General Requirements.
(a)
Definitions and Applicable Law. The definitions and regulations set
forth at Wis. Stats. § 167.10 (2006) are incorporated herein.
(b)
No person, firm, partnership, or corporation shall offer for sale,
expose for sale, sell or retail, keep with the intent to sell at retail
or use or explode any fireworks (as defined in Wis. Stats. § 167.10(1))
with the following exceptions:
1.
Fuel or a lubricant.
2.
A firearm cartridge or shotgun shell.
3.
A flare used or possessed or sold for use as a signal in an emergency
or in the operation of a railway, aircraft, watercraft, or motor vehicle.
4.
A match, cigarette lighter, stove, furnace, candle, lantern, or space
heater.
5.
A cap containing not more than 1/4 grain of explosive mixture, if
the cap is used or possessed or sold for use in a device which prevents
direct bodily contact with a cap when it is in place for explosion.
6.
A toy snake which contains no mercury.
7.
A model rocket engine.
8.
Tobacco and a tobacco product.
9.
A sparkler on a wire or wood stock not exceeding 36 inches in length
that is designed to produce audible or visible effects or to produce
audible and visible effects.
10.
A device designed to spray out paper confetti or streamers and
which contains less than 1/4 grain of explosive mixture.
11.
A fuseless device that is designed to produce audible or visible
effects or audible and visible effects, and that contains less than
1/4 grain of explosive mixture.
12.
A device that is designed primarily to burn pyrotechnic smoke-producing
mixtures, at a controlled rate, and that produces audible or visible
effects, or audible and visible effects.
13.
A cylindrical fountain that consists of one or more tubes and
that is classified by the Federal Department of Transportation as
a Division 1.4 explosive, as defined in 49 CFR 173.50.
14.
A cone fountain that is classified by the Federal Department
of Transportation as a Division 1.4 explosive, as defined in 49 CFR
173.50.
|
Notwithstanding the foregoing, the Village may grant special use permits ("use permits") for supervised displays of fireworks by fair associations, amusement parks, and other organizations or groups of individuals through the application process as set forth at Section 4.18(2) below.
|
(c)
Nothing in this section shall be construed to prohibit the use of
fireworks by railroads or their transportation agencies for signal
purposes or illumination, or the sale or use of blank cartridges for
a show or theater, or for signal or ceremonial purposes in athletics
or sports, or for use by military organizations, or the use of fireworks
for agricultural purposes under conditions approved by the Fire Department.
(d)
The Fire Chief and/or Designee in conjunction with the Police Department
Officers shall seize, take, remove, or cause to be removed at the
expense of the owner all stocks of fireworks or combustibles offered
or exposed for sale, stored, or held in violation of this section.
(2)
Application for Use Permits.
(a)
The President or Designee shall consider all applications for use
permits as described hereunder and shall approve or deny each application
for use permit.
(b)
Application for a use permit shall be made in writing 10 days in
advance of the date of display on forms provided by the Clerk. A permit
fee, as set from time to time by resolution of the Board shall be
charged for each application.
(c)
Such application shall require the following:
1.
The name and address of the organization sponsoring the display together
with the names of the group actually in charge of firing the display.
For purposes of this section, a group is considered three or more
persons all over the age of 18, all of whom own one or more residences
within the Village. Permits for an individual or a group of two persons
shall not be granted. Organizations are defined as entities which
are incorporated or registered as an LLP or LLC within the United
States of America.
2.
Evidence of financial responsibility (if required).
3.
The date fireworks may be purchased after.
4.
The date and time of day at which the display is to be held.
5.
The exact location planned for the display.
6.
The number and kinds of fireworks to be discharged.
7.
The manner and place of storage of such fireworks prior to the display.
(d)
Upon receipt of the application, the Fire Chief may inspect the site
of the proposed display for the purpose of determining whether the
provisions of these regulations are complied with in the case of the
particular display.
(e)
All fireworks that fire a projectile shall be set up so that the
projectile will go into the air as nearly as possible in a vertical
direction, provided that where the fireworks are to be fired beside
a lake or other large body of water, they may be directed in such
a manner that the falling residue from the deflagration will fall
into the body of water.
(f)
No fireworks display shall be held during any windstorm in which
the wind reaches a velocity of more than 20 miles per hour.
(g)
All fireworks articles and items at places of display shall be stored
in a manner and in a place secure from fire, accidental discharge,
and theft and in a manner approved by the Fire Department.
(h)
The Fire Chief or his designee and/or Police Department Officers
shall have the right to revoke permits and/or stop activity for any
violation of these regulations or where the holder's conduct or condition
of sobriety is such as to imperil the public safety.
(i)
Fire protection and extinguishing equipment shall be provided as
required by the Fire Chief of the Fire Department.
(j)
A nonrefundable permit application fee as set from time to time by
resolution of the Board for each site shall accompany each application.
(k)
Discharging or firing of the fireworks in the supervised display
shall not be hazardous to property or endanger any person or persons.
After the permit shall have been granted by the Village, sales, possession,
use and distribution of fireworks for the display shall be lawful
for that purpose only. No permit granted hereunder shall be transferable.
(l)
Class B Use Permits.
Notwithstanding any other article herein to the contrary, when
issuing a use permit for Class B fireworks as hereinafter defined,
the following additional requirements must be met. For purposes of
this paragraph, Class B use permits are necessary for the use of fireworks
defined as "Class B" 1.3 grams within the Code of Federal Regulations
and/or for use of fireworks in professional displays as defined by
the Code of Federal Regulations or otherwise.
Additional Regulations. Applications for Class B permits shall
require the following additional information:
1.
A diagram of the grounds on which the display is to be held showing
the point at which the fireworks are to be discharged, the location
of all buildings, highways, and other lines of communications, the
lines behind which the audience will be restrained, and the location
of all nearby trees, telegraph or telephone lines or other overhead
obstruction.
2.
A representative demonstration of the pyrotechnic shall be provided
if requested by the Fire Department.
3.
All displays shall comply with the National Fire Protection Agency
Standard(s).
4.
The Fire Chief shall confer with the Direct Enforcement Officer (DEO)
about the application and whether issuance of a permit would be consistent
with public safety. Being satisfied that the display is properly lawful,
the Fire Chief and DEO shall together endorse the application stating
that they approve the display as being in conformance with all parts
of the law and with these regulations. Failure to approve the application
by either the DEO or the Fire Chief shall be sufficient cause to deny
the application.
5.
The person, firm, or corporation making the application shall file
a signature bond which shall be personally guaranteed by the permittee,
its agents or principals, which said signature bond shall hold the
Village harmless from any and all damages to property or personal
injuries arising out of any act or omission on the part of the permittee
or any agent or employee thereof. In lieu of said signature bond,
a permittee may file a certificate of liability insurance in the amount
of not less than $300,000 per accident and $500,000 per occurrence
to satisfy claims for damages to property or personal injuries arising
out of any act or omission on the part of the permittee or any agent
or employee thereof.
6.
Following endorsement by the Fire Chief and the DEO the application shall be sent to the President who shall then, upon receipt of the financial responsibility as required in section 4.18 (2) (d) above, issue a nontransferable permit authorizing the display. In no case shall such a display be within 500 feet of a school, theater, church, hospital, or similar institution.
7.
For all displays of fireworks all spectators shall be restrained
behind lines or barriers as designated by local authorities but in
no case less than 200 feet from the point at which the fireworks are
to be discharged. Only authorized persons and those in actual charge
of the display shall be allowed inside these lines or barriers during
the unloading, preparation, or firing of fireworks.
8.
No permit shall be issued under the provisions of this act to a nonresident
person, firm, or corporation for conduct of a pyrotechnic display
in this Village until the person, firm, or corporation shall have
appointed in writing a member of the bar of this state and residing
therein to be the attorney for permittee upon whom all process in
any action or proceeding against him may be served.
(3)
Application for Seller(s) Permits.
(a)
Seller's permits shall be required for any person(s) selling or retailing any/all fireworks not exempt by Section 4.18 (1) (b). No seller's permit shall be issued to minors.
(b)
Applicants for a Fireworks Sale License shall make an application
for each site in writing on forms provided by the Clerk. A Licensee
may possess and sell the enumerated fireworks at more than one site
within the Village. A nonrefundable license application fee as set
from time to time by resolution of the Board for each site shall accompany
each application.
(c)
The application for license shall include, without limitation, the
following information:
1.
Name, address, and telephone number of the applicant.
2.
Address(es) at which the applicant intends to sell the enumerated
fireworks.
3.
Name(s), address(es), and consent(s) of the owner(s) of the real
estate upon which the enumerated fireworks will be sold.
4.
Itemization of which enumerated fireworks the applicant intends to
sell.
5.
A statement that applicant shall not employ minors to sell or handle
fireworks except under the immediate onsite supervision of an adult
age 18 or older.
(d)
The President or Designee shall consider the application for licenses
hereunder and shall approve or deny each application. If denied, the
applicant shall have the right to appeal the denial to the Board.
The Clerk shall issue the license upon the approval of the President
or Designee or the Board. Once approved, the Fire Department shall
receive a listing of all licenses and may inspect for occupancy and
Village ordinance compliance.
(e)
Licenses issued hereunder shall be for a term of one year, from May
1 through the following April 30. Application for annual licenses
shall be filed not later than April 1 each year.
(f)
The Village may condition the issuance of licenses hereunder as it
sees fit to protect the public interest and safety.
(g)
The Village shall have the right to suspend or revoke any licenses
in accordance with Paragraph 6 of this section.
(h)
Licenses issued hereunder may not be transferred or assigned without
the consent of the Village; and, no licensee may use a site other
than the site licensed pursuant to the application of the licensee.
(i)
The Fire Chief, DEO, or their Designee may temporarily suspend and
confiscate licenses if violations occur and order the site closed
pending corrective action or appeal to the Board.
(4)
Obnoxious Odor Devices and Products.
(a)
No person may sell, possess, or use any device, product, or item
that has its primary purpose the production of an obnoxious odor or
smell.
(b)
Without limitation, it shall be grounds for suspension or revocation
of a person's seller or use permits if the licensee or permittee sells
or possesses for sale any obnoxious odor devices, products, or items.
(6)
Revocation and Suspension of Seller's Permits; Non-Renewal.
(a)
Procedure. Whenever the holder of any seller's permit issued by the
Village violates any portion of the Village Code of Ordinances, proceedings
for the revocation of such permit may be instituted in the manner
and under the procedure established by this policy.
(b)
Seller's Permit Revocation, Suspension, or Non-Renewal.
1.
Notice and Hearing. Whenever a person holding a permit to sell has
failed to maintain the premises according to standards prescribed
for sanitation, or when the permittee has not observed and obeyed
any lawful order of the Board, Fire Department or Police Department
of the Village, has violated Village Ordinances, or for any other
good reason, the Board shall issue a summons to be signed by the Clerk
commanding the permittee complained of to appear before the Board
on a day and time and at a place named in the summons to show cause
why the permit should not be revoked, suspended, or not renewed.
In addition, any resident may file a sworn, written complaint
with the Clerk. Such summons shall be served not less than three and
not more than 30 days before the time at which the permittee is commanded
to appear and may be served personally upon the permittee or the agent
of the permittee or upon the person in charge of the permitted premises.
The complaint shall be served with the summons and shall set
forth the offenses allegedly committed, the date and place of said
offense and the facts constituting the alleged offense. If such permittee
does not appear as required by the summons, the complaint shall be
taken as true, and if the Board deems its allegations sufficient,
the Board shall recommend revocation, non- renewal, or suspension
of the permit as provided herein.
2.
Procedure on Hearing; Effect of Revocation.
a.
The President shall conduct the hearing, administer oaths to
all witnesses and may issue subpoenas. So far as practicable, the
rules of evidence provided in Wis. Stats. § 227.08 shall
be followed. The complainant shall have the burden of proving the
charges to a preponderance of the evidence. The permittee and the
complainant may be represented by counsel, may call and examine witnesses
and cross- examine witnesses of the other party. All proceedings and
testimony shall be recorded on tape. If either party requests a stenographic
recording and transcription, the Village shall make the necessary
arrangements, but the expenses shall be borne by the requesting party.
The Clerk shall serve as secretary to the Board and shall make and
receive all exhibits admitted into the record. The Board, upon the
testimony and evidence presented at the hearing, shall determine by
simple majority vote of those present whether the charges are true
or not.
If the vote is to suspend the seller's permit, it shall be for
a period of not less than 10 days or more than 90 days. Following
the procedure above, the recommendation may be to revoke the seller's
permit.
If the Board determines that the charges are not substantiated,
the complaint shall be dismissed without cost to either party. The
Board's action shall be recorded by the Clerk.
b.
If the complaint is found to be true, the permittee shall pay
the Village the actual cost of the proceedings. If the complaint is
found by the Board to be malicious and without probably cause, the
complainant shall pay the costs of the proceedings in the same amount.
c.
When a permit is revoked, it shall be so entered of record by
the Clerk and no other seller's permit shall be granted to such permittee
for such premises for a period of 12 months from the date of the revocation,
nor shall any part of the money paid as application fee for any permit
so revoked be refunded.
(c)
Demerit Point System/Revocation and Suspension of Seller's Permit. In addition to the procedures set forth at Section 4.18 (6) (b) above, the Village may suspend or revoke a seller's permit without a hearing upon the following demerit system:
1.
Point Schedule. Upon conviction by any Municipal Court, or other
court of competent jurisdiction, a seller's permit shall be awarded
demerit points as follows:
|
Type of Violation
|
Demerit Points
|
|---|---|
|
Failure to be permitted
|
100
|
|
False statement on application
|
100
|
|
Zoning Code violations
|
50
|
|
All other violations
|
50
|
2.
Concurrent Violations. If two or more violations are committed concurrently,
the highest point violation shall be assessed.
3.
Upon conviction, demerit points shall be awarded retroactive to the
date of the violation. If 150 demerit points are accumulated in a
twelve-month period, the Board shall suspend the permit for a period
of 10 days.
4.
Upon conviction, demerit points shall be awarded retroactive to the
date of violation. If 200 demerit points are accumulated in a twenty-four-month
period, the Board shall suspend the permit for a period of 30 days.
5.
Upon conviction, demerit points shall be awarded retroactive to the
date of violation. If 250 demerit points are accumulated in a thirty-six-month
period, the Board shall suspend the permit for a period of 90 days.
6.
Demerit points are accumulated for each permit which results from
conviction for a municipal code violation or a state law violation
under the terms and conditions of this chapter. The actual demerit
points are assessed upon entry of judgment and either expiration of
the appeal period thereafter or the expiration of any appeal, and
where the results of the appeal sustain the Village's conviction of
the holder of the permit.
7.
Each seller's permit shall stand revoked without further proceedings
upon any conviction in Municipal Court or any other court of competent
jurisdiction (and no reversal thereof upon appeal) of either the permitted
holder or any employee, or agent or representative thereof, resulting
in an accumulation of 300 demerit points within a forty-eight-month
period. Any violation and subsequent conviction by the holder of the
permit for violations of the Brown County Code of Ordinances shall
be considered a violation and conviction under this policy and shall
result in the accumulation of demerit points.
8.
Other Provisions. Any permit issued pursuant to this section shall
be subject to such further regulations and restrictions as may be
imposed by the Board by amendment to this section or by the enactment
of new ordinances. If any permittees fail or neglect to meet the requirements
imposed by such new restrictions and regulations, his/her permit may
be revoked in accordance with this section. In case of revocation
of any permit or any violation of any provision in this policy or
by the court or for any reasonable cause except the imposition of
new restrictions, no refund shall be made of any part of the permit
fee.
9.
Effect of Revocation of Permit. Whenever any seller's permit has been revoked pursuant to this Section 4.18, at least four months from the time of such revocation shall elapse before another permit shall be issued for the same premises and 12 months shall elapse before another permit shall be issued to the person whose permit was revoked.
10.
Repossession of Permit. Whenever any seller's permit under this Section 4.18 shall be revoked or suspended by the Board or President or action of any court or Par. (d), it shall be the duty of the Clerk to notify the permit holder of such suspension or revocation and to take physical possession of the permit wherever it may be found and file it in the Clerk's office.
(7)
Violations by Agents and Employees. A violation of this policy by
an authorized agent or employee of a permittee shall constitute a
violation by the permittee.
(8)
Applicability. This policy is applicable to fireworks seller's and user's permits issued by the Village. This policy is not intended to replace established procedures for licenses issued by the Village as adopted in the Code of Ordinances. This policy is in addition to any other penalties or forfeitures that may be assessed by the Municipal Court for the Village or any other Court having jurisdiction for convictions related and, further, is in addition to any other penalties or forfeitures that may be assessed in accordance with Section 4.99 of the Village Code.
(1)
General. A person shall not kindle or maintain or authorize to be
kindled or maintained any open burning unless conducted and approved
in accordance with this section.
(a)
Any open burning other than recreational fires, requires a permit
from the Fire Chief or his Designee.
(2)
ACCELERANT
CHAMBER
FUEL
OPEN FIRE
RECREATIONAL FIRE/FIRE PIT
SIZE
Definitions: The following definitions shall apply to this section:
A flammable or combustible liquid that will increase the
rate of burning of a material. Under no circumstances may any flammable
or combustible liquid be used to start or promote an open fire to
burn.
For the purpose of this definition, a chamber shall be regarded
as enclosed when, during the time combustion occurs, only apertures,
ducts, stacks, flues or chimneys necessary to provide combustion air
and permit the escape of exhaust gases are open.
Fuel for any fires identified under this code section shall
only consist of dry natural wood materials, leaves or charcoal. Materials
for fires shall NOT include rubbish, garbage, trash, grass, any material
made of or coated with rubber, plastic, leather, paint or petroleum-based
materials and shall not contain any flammable or combustible liquids.
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
road flares, smudge pots and similar devices associated with safety
or occupational uses typically considered open flames or recreational
fires.
A below ground pit with a minimum depth of 10 inches not
to exceed three feet in diameter. The fire pit shall be surrounded
on the outside, above ground, by a non-combustible material such as
concrete block or rock.
Unless specified in the definitions above, the maximum size
of any open fire, bonfire, recreational fire or fire/barbecue pit
may not exceed three feet in diameter and the fuel height may not
exceed two feet in height. Special permission (burning permits) may
be granted by the Chief or his designee for larger piles.
(3)
Burning permits shall be obtained from the Fire Department. The permit
shall be good for 10 days unless otherwise amended by this code.
(a)
Fees for burning permits shall be as set from time to time by resolution
of the Board.
(4)
Safety Considerations: The following shall be adhered to for open
burning:
(a)
Atmospheric Conditions. Fires will be limited to the following atmospheric
conditions: No fire shall be started unless there are favorable conditions
for burning with regard to wind direction and speed. No fire shall
be started at a time when the wind speed exceeds eight miles per hour
as measured at the Green Bay NOAA National Weather Service station
or local circumstances make fires potentially hazardous. Open burning
shall be prohibited when such atmospheric conditions exist that would
cause the smoke from open burning to stagnate such as an inversion
or extremely high humidity.
(b)
Burning Times. Open fires other than bonfires or recreational fire/barbecue
pits may only be conducted during daylight hours and must be extinguished
at dusk.
(c)
Prohibited Open Burning. Open burning that will be offensive or objectionable to occupants of the surrounding properties (creating a Public Nuisance as defined in Chapter 11 of the Village Code) due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. A fire department officer is authorized to order the extinguishment by either the party in control of the fire or the Fire Department when open burning creates or adds to a hazardous or objectionable situation.
(5)
Location. The location of open fires shall be as follows:
(a)
Recreational Fires/Fire Pit. The location of open fires shall not
be less than 30 feet from any structure, and provisions shall be made
to prevent the fire from spreading to within 30 feet of any structure.
(6)
Attendance.
(a)
All open fires shall be constantly attended until the fire is completely
extinguished. A minimum of one portable fire extinguisher complying
with a minimum 4-A rating or other approved onsite fire extinguishing
equipment, such as shovel, dirt, sand, water barrel, garden hose or
water truck, shall be available for immediate utilization.
(b)
Responsible Person. At least one responsible person of age 16 years
or older must be in attendance of all fires.
(7)
Portable Open-Flame Cooking Devices. Portable open-flame cooking
devices, regardless of cooking fuel, shall not be operated within
10 feet of combustible construction.
(8)
Liability. In addition to any other penalty as set for at Section 4.99 herein, or within any other statute, code, or regulation, any person violating this article shall reimburse the Village for reasonable cost of fire protection services made necessary by the violation including, but not limited to, the costs of investigation of the violation and any response by the Village's Fire Department as a result of the violation. The prosecution for violations of this article or payment of the penalties provided shall not prohibit any person from seeking any other remedy against the person causing or permitting the burning.
(9)
Exempt Fires. The following described fires shall be exempt from
the open fire requirements described in this section.
(a)
Approved Training for Fire Protection Purposes. The Village Fire
Department shall be the authority to determine approval of all such
fires.
(10)
Emergency Powers of the Chief. When the Chief determines there are
environmental conditions likely to produce a serious threat of fire
to life and property, it shall be the duty of the Chief of the Fire
Department to impose a burning ban and burning restrictions and require
that no person may:
(a)
Set, build, or maintain any open fire, bonfire, recreational
fire, or fire/barbecue pit or any other type of fire.
(b)
Throw, discard, or drop matches, ashes or other burning material
while outdoors in the immediate vicinity of combustible natural vegetation.
(c)
Light or use any fireworks, as defined per Wisconsin Statutes,
or caps, toy snakes, sparklers, some bombs, or cylindrical or cone
fountains that emit sparks and smoke except in displays or use as
authorized by the Fire Department where adequate fire prevention measures
have been taken.
(d)
Such a ban described above shall be lifted when the environmental
conditions change so that serious threat is no longer present.
(11)
Careless Smoking.
(a)
It is unlawful for any person, by reason of careless, willful
or wanton conduct in smoking or in the use of lighters or matches
in smoking to set fire to any bedding, carpet, curtains, draperies,
furniture, household equipment, combustible materials, or other goods
or chattels or to any building.
(b)
A plainly printed notice of the provisions of this section shall
be posted in a conspicuous place in every sleeping room of every place
renting rooms for the accommodation of the public. Such printed notices
shall also be posted in any place of public assembly where smoking
is permitted.
(12)
Posting of No Smoking Signs. The Chief shall post or cause to be
posted no smoking signs in retail establishments where flammable or
combustible materials are handled or sold and the act of smoking or
striking a match or lighter device presents a fire hazard. Such signs
shall be plainly visible on a contrasting background and shall be
posted conspicuously in all areas where such hazards exist. Such sign
shall bear the words "No Smoking" across the top in large letters.
(1)
No person shall occupy or change the occupancy of a building or structure
covered under Wis. The State of Wisconsin Department of Safety and
Professional Services (SPS Chapter 361-366.) existing buildings; used
by or for public assembly, industrial, institutional, multifamily
(public spaces), office, or mercantile purposes until such building
or structure has been inspected and approved by the Fire Inspection
Department, the Building Inspection Department and a Certificate of
Occupancy is issued by the Village.
[Amended 3-2-2020 by Ord.
No. 2020-04]
(a)
The owner shall post the capacity in all buildings and on every level
as approved by the Fire Inspection Department and Building Inspection
Department. Signs (notices) shall be prominently displayed stating
the maximum number of persons on each floor for whom stairways and
other exits have been provided. Such notices shall be placed in full
view on each floor.
(b)
The capacity limit sign shall have the following wording: "Limit
(number inserted) Persons". The maximum number of persons shall be
determined by the capacity as permitted in the building code in effect
at the time of construction of the building and/or the Fire Inspection
and Building Inspection Departments jointly. The lettering shall be
white on a dark background. The letters shall not be less than 1 1/2
inches in height and the number shall not be less than three inches
in height.
(2)
Fees for Fire Inspections Prior to Occupancy. Fees shall be as adopted
in the Village of Suamico Fee Schedule. Said schedule of fees shall
be subject to review and approval by the Village Board, which shall
adopt the same by resolution, and which may be amended from time to
time in the same manner.
(1)
The following installation permits shall be required in the Village
jurisdiction for industrial and commercial buildings:
(a)
Automatic fire Extinguishing Systems. A permit is required for any
installation of or modification to an automatic fire extinguishing
system.
(b)
Fire Alarm and Detection System and Related Equipment. A permit is
required for installation of or modification to fire alarm and detection
systems and related equipment.
(c)
Fire Pumps and Related Equipment. A permit is required for installation
of or modification to fire pumps and related fuel tanks, jockey pumps,
controllers, and generators.
(d)
Private Fire Hydrants. A permit is required for the installation
or modification of private fire hydrants.
(e)
Standpipe Systems. A permit is required for the installation, modification,
or removal from service of a standpipe system.
(f)
Spraying or Dipping. A permit is required to install or modify any
spray room/area, dip tank, or booth.
(g)
Maintenance performed in accordance with this code is not considered
a modification and does not require a permit.
(2)
Department Approval shall be Obtained. After an application is completed
with three sets of plans for each type of system, upon examination,
the plans shall be dated and stamped "Conditionally Approved" or "Not
Approved," whichever applies. If upon examination the department determines
that the application for permit substantially conforms, a permit(s)
shall be issued by the Fire Department. The Fire Department will stamp
all plans conditionally approved and return two sets of plans with
the permit to the project proponent. A conditional approval issued
by the department shall not be construed as an assumption of any responsibility
for the design or construction. A letter shall be sent to the submitter
with a statement relating to the examination of the plans and citing
the conditions of approval or denial. One set of stamped plans should
be present on the project site throughout the installation process.
(3)
Revocation of Approval. The department may revoke any approval issued
under the provisions of this chapter for any false statements or misrepresentation
of facts upon which the approval was based. A stop work order may
be issued until a permit is approved and/or said issues are rectified.
(4)
All permitted installation projects are subject to inspection by
the department before, during, and at the time of final inspection
for issuance of the Certificate of Occupancy. Conditions of issuing
Certificate of Occupancy are compliance with all applicable codes
and provisions of the permit including certification documentation
and inspections.
(1)
Wherever in this subchapter or during code enforcement practices
reference is made to nationally recognized good or safe practice,
the intent is that the practice to be followed shall be reasonable
and safe as determined by the Fire Chief.
(2)
The Fire Chief may refer, among other standard publications, to the
National Fire Code as published by the National Fire Protection Association
for determining what is reasonable and safe.
(3)
Any publications used to determine nationally recognized good practice
by the department shall be broadly construed to determine intent,
but no provisions contrary to the Wis. Adm. Code or any other ordinance
of the Village shall be used as a reference.
The effective date of this fire code will be January 23, 2006.
[Amended 3-2-2020 by Ord.
No. 2020-04]
(1)
Authority. The most current version of the Wis. Adm. Code, ATCP 93
and the applicable National Fire Protection Standards is hereby adopted,
incorporated herein at length by reference and made part of the Village
Fire Prevention Code.
The Department shall, as part of the authorized inspection authority
related to storage tank inspections pursuant to the Professional Services
Contract between the Department of Agriculture, Trade, and Consumer
Protection (ATCP) and the Village, adopt ATCP 93 as it specifically
relates to the storage tank program only. A Village permit must first
be obtained by any parties installing any flammable and combustible
liquid storage tanks in the Village.
(2)
Inspection Requirements - Scope of Service. The department, as part
of the Local Program Operator responsibilities, shall perform or contract
to perform the following inspection duties related to the storage
of flammable and combustible liquids in the Village:
(a)
Complete plan examinations for all tank installations of less than
5,000 gallons. Approve/disapprove plans which are submitted based
upon criteria established in ATCP 93 or successor state law.
(b)
Recommend permit fees, for approval by the Board, for all work related
to the installation and alterations of tanks less than 5,000 gallons
and permit fees for all tank removals.
(c)
Perform installation inspections for tank systems reviewed at either
the state or local level.
(d)
Authorize stop-work orders when violations of ATCP 93 have occurred.
(e)
Perform the annual inspection of federally regulated tank systems
for compliance with leak detection, operation and maintenance and
the closure requirements established in ATCP 93.
(f)
Perform inspections at the closure of tank systems.
(g)
Perform any and all duties or authority as set forth in ATCP 93,
the Village Code, or the contractual inspection agreement with the
Department of Agriculture, Trade, and Consumer Protection (ATCP) as
necessary and determined by the department.
(3)
Inspection Requirements Notice. Notice inspection requirements shall
be as follows:
(4)
Fees. Shall be as set from time to time by resolution of the Board.
To ensure such fires do not compromise safety or annoy neighbors,
at no time shall smoke created by burning be an annoyance or cause
discomfort to the neighborhood or the traveling public. The fire shall
be ordered extinguished upon any complaint to the fire department
or police department.
(1)
Definitions. For purposes of this section, the term "emergency call"
is defined as the Village of Suamico Fire Department responding with
Fire Department personnel and apparatus to a reported or suspected
fire, vehicle accident, hazardous material incident, or other similar
emergency situation.
(2)
Schedule of Fees. Under the authority granted to Villages under sec.
61.34(1), Wis. Stats and sec. 66.60(16), Wis. Stats, the Village of
Suamico Fire Department shall establish a schedule of fees which reflect
the Fire Department's operating and maintenance costs for response
by its personnel and apparatus to emergency calls. Said schedule of
fees shall be subject to review and approval by the Village Board,
which shall adopt the same by resolution, and which may be amended
from time to time in the same manner.
(3)
Applicability. In accordance with the schedule of fees established under subsection (2) above, the Village may charge the property owner, company, or responsible individual for the Fire departments cost to respond to an emergency call under any of the following circumstances:
(a)
In the event that the emergency call is for an incident occurring
on any highway that is part of the national system of Interstate highways,
US highways, or any highway maintained by the Wisconsin Department
of Transportation.
(b)
In the event that the Fire Department determines that the emergency
call was caused by the intentional or negligent act of any person
or company. Such intentional or negligent acts may include, but are
not limited to, fire setting, causing a false alarm, and failure to
comply with burning regulations.
(c)
For certain special rescue situations and hazardous material responses
where the Fire Department determines that sufficient Village supplies
and materials and/or manpower requires the recovery from the responsible
party. All invoices for hazardous materials response will go through
the local emergency planning committee (LEPC) per state guidelines.
(d)
For auto accidents and rescue extrications where rescue assistance
is supplied. This may include ambulance services, transport, and associated
costs such as medications and mileage.
(e)
For disposal of sorbent and hazardous materials residues.
(f)
For disposal of records and other administrative costs.
(1)
Definitions:
(a)
A tent is defined as a structure, enclosure, or shelter with partial
or complete sidewalls or drops, constructed of fabric or pliable material
supported by any manner except air.
(b)
An open tent is defined as a tent that is open on all sides.
(c)
Separation distances are measured from the anchorage point, not the
limits of the tent.
(2)
Criteria for Required Tent Permit:
(a)
If you will be erecting a tent over 400 square feet.
(b)
If you will be erecting smaller tents where the aggregate area of
smaller tents erected within 12 feet of each other is greater than
400 square feet.
(c)
If you will be erecting an open tent over 700 square feet.
(d)
If you will be erecting smaller open tents where the aggregate area
of smaller open tents erected within 12 feet of each other is greater
than 700 square feet.
(e)
If you will be utilizing electricity in the tent or for the event.
(3)
Tent Permit Requirements:
(a)
Tents will need to comply with the International Building Code IBC
3103.
(b)
Tents shall comply with the current International Fire Code sections
2403 and 2404.
(c)
Tents shall comply with the current National Electrical Code.
(d)
Site plan of tent(s) (Size, Timeline, Location, ETC).
(e)
Fire Retardant Certificate.
(f)
If cooking, must be 20 feet from other tents.
(g)
Tents need to be 20 feet (Measured from anchor point) from structures/building
with exceptions (IFC 2403.8.2).
(h)
No smoking signs.
(i)
No open flame is allowed in or within 20 feet of the tent.
(j)
Tents shall be adequately anchored.
|
(Documentation may be requested).
|
(k)
Minimum of three feet required between fabric envelope and contents
in tent.
(l)
If a generator is to be used. (If so, the generator must be 20 feet
away from the tent and may require an electrical permit. The generator
shall be isolated from contact with the public by fencing, enclosure,
or other approved means (lock). The generator shall be grounded.
(m)
A fire extinguisher shall be required every 75 walking feet.
(n)
An unobstructed fire lane (20 feet) shall be provided and shall be
within 150 feet of all portions of the facility.
(o)
Will the tent walls be down? (If so, exit lights needed at egress
doors. If the exit serves an occupant load of 50 or more, the exit
lights must be illuminated. Egress exits maximum travel distance is
100 feet.
|
Occupant Load
|
Minimum Number of Means of Egress
|
Minimum Width of Each Means of Egress
(inches)
|
|---|---|---|
|
10 to 199
|
2
|
72
|
|
200 to 499
|
3
|
72
|
|
500 to 999
|
4
|
96
|
|
1,000 to 1,999
|
5
|
120
|
|
2,000 to 2,999
|
6
|
120
|
(4)
Fees. The tent permit fee and/or tent inspection fee shall be as
listed in the Village of Suamico Fee Schedule as adopted by the Village
Board and amended from time to time.
