[Ord. No. 828, § 1, 6-15-2010]
The Village and the Town of Mukwonago have entered into a joint
operating agreement for the furnishing of firefighting, fire protection
and emergency medical and resuscitation services within the corporate
limits of both jurisdictions dated January 8, 1993, as amended, which
is on file in the Village Clerk's office.
[Ord. No. 828, § 1, 6-15-2010]
(a)
Fire department organization and membership.
(1)
The duty of EMS response, firefighting and prevention of fires within
the Village is delegated to the Mukwonago Fire Department. The fire
department's organization and internal regulation shall be governed
by the provisions of this section and by written standard operating
guidelines (SOG) except as is otherwise provided by law and ordinance.
(2)
The Village Board (in conjunction with the town board) shall appropriate
funds to provide for the operation and for such apparatus and equipment
for the use of the fire department as the Village Board (in conjunction
with the town board) may deem expedient and necessary to maintain
efficiency and safeguard life and protect property from fire.
(3)
The officers and members of the fire department shall receive such
compensation as may from time to time be fixed by the Village and
town boards or as otherwise set out in Village ordinances.
(4)
The Fire Department is hereby authorized and directed to adopt standard
operating guidelines (SOG). Standard operating guidelines shall be
the written policies that govern the Department members. SOGs are
to be created and amended by the SOG Committee. The SOG Committee
shall consist of the Fire Chief, one officer and two Department members.
Prior to the adoption of new or amended SOGs, the SOGs are to be presented
to the staff officers of the Department for comment. After the SOG
Committee reviews the staff officers' comments, the SOGs are
to be presented to the membership for approval or disapproval.
[Amended 1-20-2021 by Ord. No. 987]
(5)
The department shall organize at the option of the chief into two
or more companies. The chief may at any time make transfers which
he deems necessary between companies. Each of the companies of the
department shall be directed by a captain or, in his/her absence,
a lieutenant who shall be responsible to the chief.
(6)
A vacancy in the office of the chief shall be filled by appointment
by the joint fire commission. The chief shall hold office unless removed
for cause after a hearing by the joint fire commission, unless his
or her services be sooner terminated by resignation or death. Upon
creation of a vacancy of the office of chief, the next highest ranking
officer shall perform the duties of the chief until such vacancy has
been filled.
(7)
a.
The Fire Department shall consist of a maximum of 80 members with
the following officers: one Chief, Assistant Chief-Fire, a captain
and/or lieutenant for each company, a secretary, together with as
many drivers and firefighters who live or normally work within two
miles of the boundaries of the Village or Town of Mukwonago as may
be appointed by the Chief and approved by the Joint Fire Commission,
provided that, at no time shall the Department consist of less than
22 active members.
[Amended 1-20-2021 by Ord. No. 987]
b.
A person, to be eligible for any position, shall meet the requirements
set forth in the applicable job description.
c.
Any person desiring to be a member of the Fire Department may file
with the Fire Chief an application in such form as the Village Board
may prescribe and as approved by the Joint Fire Commission. Each applicant
shall also file a certificate of physical fitness from such physician
as the Joint Fire Commission may designate. Any application, if approved
by the Chief, shall be presented to the Joint Fire Commission for
consideration and confirmation. All members accepted for membership
that do not have any EMS or fire certifications shall serve an eighteen-month
probation period before final acceptance. When prior fire and EMS
experience has been proven to the satisfaction of the Fire Chief,
the probationary period may be three to 12 months.
[Amended 1-20-2021 by Ord. No. 987]
e.
All resignations from the department shall be immediately presented
to the joint fire commission chairman.
(8)
Any member or officer of the department who has been expelled or
demoted for any offense or neglect of duty or insubordination shall
have the right to appeal such decision to the joint fire commission
to state why such penalty should not be confirmed. The joint fire
commission may affirm, modify, or deny the disciplinary determination
made by the chief. The Fire Chief shall, within two business days,
report the name of each person suspended, expelled or demoted to the
joint fire commission.
(b)
Powers and duties of chief.
(2)
The chief shall have general supervision of the department subject
to Village ordinances and the SOGs of the department and shall be
responsible for the personnel and general efficiency of the department.
(3)
It shall be the duty of the chief to preside at all meetings of the
department, to call special meetings, to preserve order, to decide
all points of order that may arise and to enforce observance of this
section and the SOGs.
(4)
It shall be the duty of the Chief, or his or her designee, to be
present at all fires, to have complete command of, and entire responsibility
for, all firefighting operations, to plan and control the same, to
direct the action of the companies when they arrive at a fire, to
observe that every company does its duty, to grant leaves of absence
at a fire when he may deem it proper and to see that the fire apparatus
is kept in proper condition at all times.
[Amended 1-20-2021 by Ord. No. 987]
(5)
The chief shall have the power to demote or expel any officer or
member of the department for neglect or refusal to perform his departmental
duties, such demotion or expulsion to be subject to an appeal to the
joint fire commission.
(6)
Not later than October 1 of each year, the chief shall file with
the Village Clerk a detailed estimate of the appropriations needed
for the conduct of the department during the ensuing fiscal year.
(7)
It shall be the duty of the chief to submit a written report to the
Village Board not later than February 1 of each year, and at such
other times as he deems desirable, relating to the conditions of the
various pieces of apparatus and appurtenances, the number of fires
occurring since the previous report, the date of same and loss occasioned
thereby, the number of members of each company, the total number of
active members in the department and resignations and expulsions from
the department. He shall also report upon the drill and training program
of the department, together with other pertinent information, including
recommendations of such improvements as he deems proper and necessary
for the operation of the department.
(8)
The chief shall enforce all fire prevention ordinances of the Village
and state laws and regulations pertaining to fire prevention and shall
keep citizens informed on fire prevention methods and on the activities
of the department.
(9)
The chief shall keep a fire record book of every fire and EMS response
to which any company was called and shall enter in such book the locality
of fire or EMS response, time alarm was received, cause of fire, where
fire started, cause of delay (if any) in responding, method of extinguishment
and equipment used, amount of insurance carried on building and contents,
estimated fire loss, time fire was extinguished, names of those responding
and general remarks.
(10)
The chief shall keep an inventory of all apparatus and equipment
and inventory of all hose showing dates and results of tests on each
length, which shall be individually identified. The chief shall have
control of all apparatus used by the department and shall be responsible
for its proper maintenance. Emergency repairs may be authorized by
the chief.
(11)
The chief shall perform such other duties as are incumbent on
the commanding officer of the fire department.
(c)
Equipment and apparatus.
(1)
No apparatus shall be used for any purpose except for firefighting
or in training therefor, except pursuant to agreements approved by
the Village Board. With the approval of the chief, such apparatus
may be used for purposes other than firefighting having in mind the
best interests of the Village. A written report of all such uses shall
be made quarterly to the Village Board.
(2)
No person shall willfully injure in any manner any hose, hydrant
or fire apparatus belonging to the Mukwonago Fire Department, and
no vehicle shall be driven over any unprotected hose of any fire department
when lain 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.
(d)
Police power of department.
(1)
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.
(2)
The 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 to the department shall
be permitted to come. The chief shall have the power to cause the
removal of any property whenever it shall become necessary for the
preservation of such property, and during the progress of any fire
he shall have the power to order the removal or destruction of any
property necessary to prevent the further spread of the fire. The
chief shall also have the power to cause the removal of all wires
or other services where the same impede the work of the department
during the progress of a fire.
(3)
It shall be lawful for any firefighter while acting under the direction
of the chief or other officer in command to enter upon the premises
adjacent to or in the vicinity of any building or other property then
on fire for the purpose of extinguishing such fire and in case any
person shall hinder, resist or obstruct any 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.
(4)
Every person who shall be present at a fire shall be subject to the
orders of the Fire Chief or officer in command and may be required
to render assistance in fighting the fire or in removing or guarding
property. Such officer shall have the power to cause the arrest of
any person or persons refusing to obey said orders.
(e)
Fire inspector.
(1)
The Chief of the Fire Department shall hold the office fire inspector,
with power to appoint deputy fire inspectors, who shall perform the
same duties and have the same powers as the fire inspector.
[Amended 1-20-2021 by Ord. No. 987]
(2)
It shall be the duty of fire inspectors to inspect every public building
and place of employment to determine, and cause to be eliminated,
any fire hazard or any violation of any law relating to fire hazards
or to the prevention of fires. Said inspections shall be made at least
one each nonoverlapping six-month period per calendar year in all
the territory served by the Mukwonago Fire Department. The fire inspectors
may require more frequent inspections than required under this subsection.
The Fire Department by rule shall provide for general exceptions to
these requirements, based on the type of occupancy or use of the premises,
where less-frequent inspections are required. The inspector shall
also investigate and issue permits in accordance with the regulations
of the Department of Commerce for the storage and handling of explosive
and inflammable liquids within the Village. The Chief shall perform
such other duties as required by the Department of Commerce.
[Amended 1-20-2021 by Ord. No. 987]
(3)
Whenever or wherever in the Village any inspection by the Fire Chief
or his deputies reveals a fire hazard, the chief or his deputies shall
serve a notice in writing upon the owner of the property giving said
owner a reasonable time in which to remove the hazard. In the event
that the fire hazard is not removed within the time allowed, it shall
be deemed a nuisance. The Fire Chief or his deputy is authorized to
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.
(4)
The chief shall keep a written record of each property inspected
which shall conform to the requirements of the department of commerce
and shall make the quarterly report of inspections required by the
department of commerce.
(5)
No person shall deny the chief or his deputies 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
fire inspector in the performance of his duty or refuse to observe
any lawful direction given by him.
(f)
Penalties. The penalties for violation of any provision of this chapter shall be a penalty as provided in § 1-12 of this Code.
(g)
Fire protection agreements. Nothing herein shall prevent the fire
department of the Village of Mukwonago from entering into an agreement
or agreements to supply fire protection to other adjoining areas outside
of the Village limits, subject to approval of the Village Board.
