[HISTORY: Adopted by the Village Board of Trustees of the Village of Slinger 11-2-2020 by Ord. No. 10-01-2020.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 99.
[1]
Editor's Note: This ordinance also repealed former Ch. 56, Fire Department, adopted as Secs. 5.01 to 5.04 of the former Municipal Code, as amended.
Unless otherwise expressively stated, the following terms shall, for the purpose of this code, have the following meanings in this chapter.
APPEALS
Appeals to any of the provisions contained herein or referenced in this ordinance or the enforcement of any provision contained herein shall be directed to the Chief of the Slinger Fire Department and his/her designee and shall follow the Village of Slinger process established for appeals.
APPROVED
Acceptable to the Chief of the Slinger Fire Department or his/her designee as a result of his/her investigation and experience, or by reason of testing, listing or approval by nationally recognized testing authorities.
AUTHORITY HAVING JURISDICTION (AHJ)
For purposes of this chapter, AHJ shall mean the Chief of the Slinger Fire Department or his/her designee(s).
AUTOMATIC FIRE ALARM SYSTEM
A system designed to automatically detect a fire or smoke condition through automatic or manual means and initiates audible/visual fire alarm notification devices. The fire alarm signal is monitored by a listed third party who will without delay notify Washington County Dispatch to send the Slinger Fire Department.
AUTOMATIC FIRE SPRINKLER EQUIPMENT
A system of integrated piping designed in accordance with NFPA Standards (13, 13R, 13D) which may include underground and above ground piping. The system includes a suitable water supply, such as a gravity tank, fire pump, reservoir or pressure tank and/or connection of underground piping to a municipal water main. The portion of the sprinkler system aboveground is a network of specially sized or hydraulically designed piping installed in a building structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes suitable control valves, a double detector check valve and a device for actuating an alarm when the system is initiated.
BONFIRE
A small outdoor fire that may or may not be associated with cooking that is kindled and maintained in an approved container that is not more than 33 inches in diameter or six square feet and not greater than 12 inches high.
CEREMONIAL FIRE
A small outdoor fire intended for recreation not associated with cooking that is not greater than five feet in diameter and not greater than three feet high. This does not include a fire intended for disposal of waste wood or refuse.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
DEFECTIVE OR DILAPIDATED BUILDING
Any building, structure or portion thereof which for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus, or fire extinguishing equipment, or by reason of age or dilapidated conditions, or from any other cause, is especially liable to fire and which is so situated as to endanger other property or the occupants thereof, and whenever the AHJ or his/her designee shall find in any building combustible waste material, explosive matter or flammable conditions dangerous to the safety of such building or the occupants.
DWELLING
A building or space within a building as part of a mixed use occupied exclusively for residential purposes and having not more than two apartments, or as a boarding or rooming house serving not more than five persons with meals or sleeping accommodations or both.
FALSE ALARM
An emergency response by the Slinger Fire Department when no emergency exists because of the intentional activation of any alarm notification appliance or detection device. Any alarm or detection equipment that has been identified by the Slinger Fire Department or by the alarm inspection company as part of the annual fire alarm inspection as defective, improperly located, improperly maintained that generates an emergency response shall be deemed a false alarm if corrective measures are not taken immediately to prevent a second activation of the same device.
FIRE DEPARTMENT
As used throughout this document, it is understood to mean the Slinger Fire Department (SFD).
GOVERNING AUTHORITY
The Village of Slinger shall operate as the governing authority exercising final decision making authority of the authority having jurisdiction.
HAZARDOUS MATERIALS
Any materials of a solid, liquid, gaseous or semi-solid form which, because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment. Such material includes, but is not limited to, material which is toxic, carcinogenic, or flammable or other material set forth in § 144.01(4m) Wis. Stats., as amended from time to time. Such material also includes irritants and strong oxidizers or materials, which generate pressure because of decomposition or heat. Toxic material includes containers and receptacles previously used in transportation, storage, use or application of material described herein as hazardous material.
ICC CONTAINER
Any container approved by the Interstate Commerce Commission for shipping any liquid, gaseous or solid material of a flammable toxic or other hazardous nature.
ISO
Insurance Service Organization.
KNOX BOX
A security key box system, specified by the Fire Department.
MULTIFAMILY DWELLING
A building or portion thereof containing three or more dwelling units.
MUNICIPALITY
As used throughout this document, municipality shall mean the Village of Slinger.
OBSTRUCTION(S)
Whenever the Fire Department shall find in any building or upon any premises dangerous accumulations of rubbish, accumulations of waste paper, boxes, shavings or any materials which are so situated as to endanger life or property, or shall find obstructions to or on any fire escapes, stairs, passageways, corridors, halls, loading platforms, doors or windows liable to interfere with operations, emergency equipment, egress of occupants in case of emergency, the inspector or person(s) on site shall order the correction of or immediate removal of said items. If the entrance(s), exit walkway(s), driveway(s), or sidewalk(s) are found to be obstructed by snow, debris, construction material, vehicles, or in a condition liable to interfere with the ingress/egress or the operation of fire apparatus, other emergency vehicles, emergency personnel or cause a delay or pose a negative impact to the occupants of the building's ability to safely evacuate; the AHJ or his/her designee on site shall order the immediate correction.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or chimney.
OUTDOOR BURNING
Open burning or burning in an outdoor wood-fired furnace.
PERSON
Includes person, persons, firm, corporation(s), limited liability corporation(s) or partnership(s).
PUBLIC BUILDINGS and PLACES OF EMPLOYMENT
"Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic occupancy, or use by the public or by three or more tenants. When used in relation to building codes, "public building" does not include a previously constructed building used as a community-based residential facility as defined in Wis. Stats. § 50.01(1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in Wis. Stats. § 50.01. "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in Wis. Stats. § 50.01(1) or, except for the purposes of Wis. Stats. § 101.11, a previously constructed building used as a community-based residential facility, as defined in Wis. Stats. § 50.01(1g) which serves 20 or fewer residents who are not related to the operator or administrator.
REFUSE
Any waste material except clean wood.
All orders, rules and regulations established and propagated by the Department of Safety and Professional Services (DSPS), or its successor administrative agency, as are set forth in the Wisconsin Administrative Code as from time to time amended, are hereby adopted. The most current legislatively enacted versions of those documents are adopted and will be enforced. NFPA 1Fire Code® and NFPS 101The Life Safety Code ® are hereby adopted in their entirety as part of this chapter and serve as the fire protection and construction codes for the Village of Slinger. The most current available printed edition of the NFPA Codes and Standards are adopted and will be enforced. All codes and standards referenced in any of the code documents adopted herein shall be deemed adopted herein and are codified and have the strength of code. Note: In the event of a conflict between any of the provisions of this Code with state codes and/or NFPA Codes and Standards, the current state fire code shall control and govern.
A. 
Scope: This code applies to all of the following but is not limited to:
(1) 
Inspection of permanent and temporary buildings, structures, processes, equipment, systems and any situations related to life safety.
(2) 
Investigation of fires, explosions, hazardous materials incidents, and other related emergency incidents including hazards from outside fires in vegetation, trash, building debris and other materials.
(3) 
Review of construction plans, other than one- and two-family dwellings, drawings, and specifications for life safety systems, fire protection systems, access, water supplies, processes, hazardous materials, and other fire and life safety issues. This applies to existing occupancies and conditions, the design and construction of new buildings, remodeling of existing buildings and additions to existing buildings.
(4) 
Establish and maintain access requirements for fire department operations and control of emergency operations and scenes and conditions affecting firefighter safety.
(5) 
Storage, use, processing, handling, and on-site transportation of flammable and combustible gases, liquids, solids and hazardous materials.
(6) 
Establish a permit process which may be changed from time to time as is necessary.
B. 
Intent of Code. The intent of this Code is to establish and prescribe regulations consistent with recognized life safety practices for the purpose of safeguarding, to a responsible degree, the life safety of occupants/employees, the general public, emergency personnel and general property protection of commercial buildings or premises from the hazards of fire, explosion, storage handling and use of hazardous substances, materials processing and faulty/poorly maintained devices or systems and from any other conditions identified by the authority having jurisdiction as hazardous to life safety. This Code shall not be constructed to affect the responsibility of any person owning, operating or installing any equipment for damage to persons or property caused by any defect therein, nor shall the Village of Slinger be held as assuming any such liability by reason of the inspection or reinspection authorized herein or the permit as herein provided or by reason of the approval or disapproval of any equipment authorized herein.
A. 
The provisions of this chapter shall apply to all new, remodeled, altered and existing commercial buildings or premises. Existing conditions not in strict compliance with the terms of this Code or referenced documents may be permitted to continue should no exception exist, as listed below, and approved by the AHJ.
B. 
Exceptions:
(1) 
There is a change of the occupancy classification within the building, space or premises.
(2) 
There is a demonstrated history of noncompliance by the same occupant/owner (more than two years) correcting items identified during annual fire inspections.
(3) 
The building has had a fire event regardless of size.
(4) 
The building is or has been modified (altered or added onto) from its original condition without permits and/or inspections from the Fire Department.
C. 
Note: This Code shall not be construed as applying to the transportation of any article or item shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, Department of Transportation or as applying to any state-owned or federal facilities owned in part or in whole by the federal government.
A. 
Obstructions: Whenever the Fire Department shall find any obstruction, the AHJ or his/her designee shall order the same to be removed immediately.
B. 
Hazardous conditions: Whenever any of the officers or inspectors of the Fire Department shall find in any building or upon any premises dangerous conditions as follows, the Fire Chief or his/her designee shall order such dangerous conditions or materials to be removed or remedied in an appropriate manner. Conditions constituting fire hazards include, but are not limited to:
(1) 
Dangerous or unlawful amounts of combustible or explosive matter.
(2) 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive matter.
(3) 
Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly flammable materials.
(4) 
Accumulations of dust or waste materials in air conditioning systems or of grease in kitchen exhaust ducts.
(5) 
Obstruction of or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
C. 
Fire lane designation: To ensure adequate ingress and egress on private property for responding emergency vehicles and equipment, the AHJ may order "No Parking, Fire Lane" signs be erected and may designate the placement thereof and may order that curbs or pavement be painted in a distinctive color to designate such. The parking, stopping or standing or any vehicle in a designated fire lane shall constitute a violation of this section.
D. 
Defective buildings: Whenever the Fire Department shall find a defective building, the AHJ or his/her designee shall order such dangerous conditions or materials to be removed or remedied. Exits necessary for proper evacuation or where repairs to any structural part of such building are required, the Fire Department shall notify the Building Inspector who may re-inspect such building or structure, thereafter adding further requirements or identifying the proper remedies as may be required.
E. 
Application: This section shall apply to all buildings except: private residences and accessory buildings in connection therewith; and temporary buildings or sheds used for construction purposes only. Provided, if any building or structure, whether above exempted or not, is especially liable to catch or cause fire, and is so situated as to endanger other buildings or property, or contains any combustible or explosive material dangerous to the safety of any building or premises or the occupants thereof, or endangering or hindering firefighters in case of fire, such building or structure shall be subject to these orders so far as may be necessary to protect adjoining or other buildings and their occupants and firefighters.
A. 
Administration: The following are the duties and powers given to the Fire Chief of the Fire Department or his/her designee in addition to those specified in state statutes, State Fire Code (COMM 14) and as specified in the administrative section of NFPA 1.
(1) 
The Chief [or his/her designee(s)] of the Fire Department shall serve as the authority having jurisdiction (AHJ) and be charged with the enforcement and authority to enforce any and all provisions of this code and the provisions contained herein.
(2) 
It shall be the duty of the Chief (or his/her designee) of the Fire Department to investigate and to recommend to the Building Inspector and the Village Administrator as often as may be necessary such additional ordinances, or amendments to existing ordinances, as he/she may deem necessary for safeguarding life and property against fire and the dangers associated with fire.
(3) 
It shall be the duty of the Fire Department to enforce all statutory laws and ordinances of the state and those of the Village of Slinger. The primary way the safeguarding of commercial properties and those that work in, reside in or frequent such will be accomplished through annual fire inspections. Focus areas of those inspections include but are not limited to:
(a) 
The proper storage and use of explosives, flammables, combustibles and hazardous materials whether in a solid, liquid or gaseous form.
(b) 
The identification of deficiencies in, on or around any commercial property in the Village that pose a danger and to render suggestions to remedy such items.
B. 
Code authority: The Fire Department shall have concurrent authority and jurisdiction with the Building Inspector to enforce those provisions of the Building Code typically understood to be enforced by the Building Inspector. The Building Inspector shall have concurrent authority to enforce those provisions of the Fire Code and this chapter typically understood to be enforced by the Fire Inspector. The Fire Department and Building Inspector shall have concurrent authority for determining occupant load for assembly occupancies. The officers in command at any fire are vested with full and complete police authority at fires. Any officer of the Fire Department may cause the arrest of any person failing to give right-of-way to the Fire Department responding to a fire.
C. 
Securing fire scene: The Fire Chief or his/her designee may prescribe certain limits in the vicinity of any fire in which no persons, excepting firefighters or police officers and those admitted by order of the Fire Department, shall be permitted to enter.
D. 
Right of entry: It shall be the duty of the Chief of the Fire Department as a deputy of the state to inspect, or cause to be inspected by the Fire Department officers or members as may be designated by the Chief, all buildings and premises, except the interiors of private apartments, condominiums and one- and two-family dwellings, as frequently as may be necessary but at least once every year for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions or intent of code and from any other hazard likely to affect the life safety of the occupants, public or emergency personnel.
E. 
Entry into adjacent property: Any firefighter, while acting under the direction of the Fire Chief or his/her designee, may enter the premises adjacent to any building or other property for the purpose of extinguishing a fire.
F. 
Removal and destruction of property: The Fire Chief or his/her designee shall have the power to cause the removal or 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 shall have the power to order the removal or destruction of any property necessary to prevent the further progression of fire, including 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 Fire Department during the progress of a fire.
G. 
Complaints: The Chief of the Fire Department or his/her designee thereof upon receiving a complaint from a citizen, occupant or owner of a business within the Village of Slinger, he or they may cause to be inspected any building or premise as is deemed necessary.
H. 
Damage to Fire Department equipment prohibited: No person shall willfully injure, in any manner, any hose, hydrant or fire apparatus belonging to the Village or of any mutual aid department will assisting the Fire Department. No vehicle shall be drive over any unprotected hose of a 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. 
Documentation. Fire inspection corrective order documentation, which identified specific deficiencies in writing to the owner or occupant of any building, space or premise, shall be understood to be an order to correct such deficiencies. All corrections to fire inspection orders shall be made prior to the next scheduled fire inspection rotation. Those items deemed to pose a heightened risk to the life safety of the owner, occupants or emergency responders may be given a specific timeline for correction by the inspection personnel at the time of inspection.
B. 
Owner or occupant responsibility. If the owner or occupant of the building, space or premise cannot be found, such written order of correction shall be affixed in a conspicuous place on the entrance door to such building or structure or on the premises. Thereafter a copy of the deficiencies shall be mailed to the owner and the occupant addressed to their last known post office address. No person shall remove such affixed notice without the written consent of the Fire Chief. Any such order shall forthwith be complied with by the owner and occupant of such building, structure or premises. The owner or occupant may within 24 hours appeal to the Fire Chief for a review of such order, who shall thereafter as soon as possible file his decision. Unless such order is revoked or modified by the Fire Chief, it shall remain in full force and be complied within the timeline established in said order.
C. 
Enforcement and citations. The Fire Chief or his/her designee(s) are authorized to enforce all the provisions of this Code. The Fire Department shall follow all municipal procedures including requesting that citations are issued to the owner or occupant of any building, space or premise for each day an identified violation(s) exists after proper written orders were served. Citations will be issued by the Chief of the Fire Department or his/her designee and be represented in court by the Fire Department. The Fire Department may request that the Village issue a summons and complaint for municipal prosecution. A violation of this chapter or any condition in violation of this chapter shall constitute a public nuisance which may be abated, restrained and enjoined by court action. This procedure may be used for any and all matters of demonstrated noncompliance. The penalty for violation of any portion of this chapter is covered in the fee section of the Village of Slinger Code of Ordinances. Penalties may be doubled for second and higher for any subsequent offenses.
The Village of Slinger through its own designation, governing authority, shall exercise final authority over the AHJ in all matters related to code interpretation and code enforcement and render final determination in matters requiring resolution or appeal. Any orders written under this code shall be served in writing. All orders shall be complied with forthwith by the owner of such building, structure or premises. The owner or occupant may within 24 hours or receipt of any such orders appeal to the Fire Chief for a review of such order. The Fire Chief shall thereafter as soon as possible file a written decision. Unless such order is revoked or modified by the Fire Chief, it shall remain in full force and be complied within the time fixed in said order. The owner may then appeal to the governing authority (Village) using all processes and procedures necessary. All decisions by the governing authority are deemed final.
Plans approval for buildings other than one- and two-family structures shall be secured from the Fire Department prior to the start of any new, alteration, addition or remodeling work. Plans shall be submitted electronically or provided in a PDF format. Paper plan submittals will not be returned. Formal conditional plan approval comments will be e-mailed to the Building Inspector who shall have the authority to issue building permits and the submitter within 14 working days.
The Fire Department shall investigate the origin and cause of fires by which property has been destroyed or damaged and shall help determine whether the fire is a result of carelessness, faulty design materials or workmanship. If it appears that the fire is of suspicious origin, the Fire Chief or scene commander shall be notified of these facts as soon as possible. The Fire Chief or his/her representative shall immediately notify the Slinger Police Department for further investigation and the collection of any physical evidence. The investigation of such suspicious matters shall be the sole jurisdiction of the Slinger Police Department and any other agency or personnel they choose to be involved in the collection of evidence and in the prosecution of the case. A fire incident report should be filed for every fire. The report shall contain a statement of all facts known relating to the origin, cause and circumstances of such fire and other information as may be required.
[Amended 9-20-2021 by Ord. No. 09-02-2021]
A. 
Intent. The intent of this section is to regulate open burning, outdoor burning and open flame for the purpose of preventing wildfires, preventing structure fires and the property damage or injuries associated with fire.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OPEN BURNING
The setting, ignition or maintenance of a fire at an outdoor location whether placed or contained in an outdoor permanent or portable firepit.
OUTDOOR PERMANENT FIREPIT
A permanent device used primarily or exclusively for recreational burning or cooking, constructed of masonry or stone.
OUTDOOR PORTABLE FIREPIT
A portable device used primarily or exclusively for recreational burning or cooking, constructed of copper, steel, clay, cast iron, aluminum, or other material intended to contain a fire within its fire bowl.
C. 
Applicability. This section applies to all outdoor burning within the municipality.
(1) 
This section does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances located in approved locations at grade level.
(2) 
This section does not apply to burning in an outdoor permanent or portable firepit.
(3) 
This section does not apply to the temporary use of fuels used in listed heating devices or appliances for construction or maintenance activities.
D. 
Prohibition on open burning and outdoor burning. Open burning, outdoor burning and refuse burning are prohibited unless the burning is specifically permitted elsewhere in this chapter.
E. 
Materials that may not be burned. Unless a specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, furnace, stove or any other indoor or outdoor incineration or heating device:
(1) 
Rubbish or garbage, including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes or recyclable or yard waste as defined in § 412-18.
(2) 
Waste oil or other oily wastes except when in a waste oil heating device for energy recovery subject to the restrictions in the state building code and manufactures listing.
(3) 
Asphalt shingles which includes any and all products containing asphalt.
(4) 
Treated or painted wood, including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
(5) 
Any plastic material, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(6) 
Rubber, including tires and synthetic rubber-like products.
(7) 
Newspaper, corrugated cardboard, container board, office paper and other materials that are recyclable must be recycled in accordance with the Village Recycling Ordinance.[1]
[1]
Editor's Note: See Ch. 412, Art. II, Recycling.
(8) 
Leaves, weeds, grass clippings, brush, and other vegetative debris.
F. 
General prohibition of burning. Open burning, outdoor burning, and prohibited fuel burning are prohibited within the Village of Slinger unless the burning is specifically permitted by this section, or a burn permit has been issued prior to such burning.
(1) 
All allowed open burning shall be conducted in a safe nuisance-free manner when wind (not to exceed 12 mph as reported by the US Weather Bureau in Milwaukee) and weather conditions are such as to minimize adverse effects and not create a health or visibility hazards on roadways or railroads. Open burning shall be conducted in conformance with all local and state fire protection regulations.
[Amended 10-11-2021 by Ord. No. 10-01-2021]
(2) 
Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban applicable to the area.
(3) 
Fires set for prairie or wildlife habitat management may be allowed with a permit and the approval of the local municipality (644-5265) and Fire Department (644-5331). Open burning or brush, trees or other vegetative debris may be allowed on agricultural, conservancy or other undeveloped land if conducted in accordance with other applicable provisions of this section.
[Amended 10-11-2021 by Ord. No. 10-01-2001]
(4) 
Small bonfires for cooking or recreation are allowed without permit, provided that the fire is confined by a control device, structure or other device specifically designed for that use, such as a firepit, masonry barbecue pit, chimineas or similar device or as approved by the municipality and the Fire Department. The maximum open burn area is 33 inches in diameter or six square feet. All of the above must have a screen to prevent sparks from becoming readily airborne and a cover which fits and encloses the entire opening to ensure all hot embers are confined. Small bonfires are allowed only if approved by and in accordance with the above provisions and all other provisions in this Code.
(5) 
In emergency situations, such as natural disasters, burning is prohibited unless specifically approved by the Village of Slinger.
(6) 
Open burning under this section shall be conducted only following issuance of and in accordance with a permit issued by the Village of Slinger.
(7) 
Small bonfires for cooking or recreation that are not contained in an outdoor permanent or portable fire permit may be conducted with a permit at a location not closer than 25 feet from the nearest building, accessory structure, fence, deck or any other combustible surface. Any open burning of this type shall be constantly attended and supervised by enough competent persons of at least 18 years of age; this includes the time from ignition until the fire is extinguished. These persons shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control and extinguishment of the fire, i.e., a garden hose that is connected and charged, five-gallon buckets of water or other suitable extinguishing method.
(8) 
Ceremonial fires (permit required) under this section shall not be greater than five feet in diameter and wood being burned is not greater than three feet high and shall only be conducted at a location not closer than 50 feet from any building, accessory structure, fence, deck or any other combustible surface. Any open burning of this type shall be constantly attended and supervised by enough competent persons of at least 18 years of age; this includes the time from ignition until the fire is extinguished. These persons shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control and extinguishment of the fire, i.e., a garden hose that is connected and charged, five-gallon buckets of water or other suitable extinguishing method.
(9) 
No materials may be burned upon any street, curb, gutter or sidewalk.
(10) 
No materials may be burned on the ice of a lake, pond, stream or body of water without prior approval from the Department of Natural Resources, the Village of Slinger and the Fire Department.
(11) 
No hibachi, gas-fired grill, charcoal grill, electric grill or other similar device used for cooking shall be used or kindled above grade level, on any balcony or under any overhanging portion or within 10 feet of any structure, from any combustible material, combustible wall or partition, exterior window opening, exit access or exit. All other types of open burning at one- and two-family dwellings shall comply with the provisions of this chapter.
G. 
Fire Department practice burns. The Fire Department may burn a standing building, structure or premise for firefighting practice once all necessary permits and abatements have been accomplished.
H. 
Burning permits.
(1) 
No person(s) shall start or maintain any open fire without a burning permit unless the burning activity is specifically permitted by this section.
(2) 
All ceremonial fires require a permit, and such fires shall comply with all other applicable provisions of this chapter.
(3) 
Small bonfires for cooking or recreation shall comply with all the provisions of this section and meet all setbacks.
(4) 
When weather conditions warrant, the Fire Chief or Department of Natural Resources may declare a burning moratorium on all open burning and temporarily suspend previously issued burning permits for open burning.
(5) 
A burning permit issued under this section shall require compliance with all applicable provisions of this chapter and any additional special restrictions deemed necessary to protect public health and safety.
(6) 
Any violation of the conditions of a burning permit shall be deemed a violation of this chapter. Any violation to any portion of section shall void any permit issued for the purpose found in violation.
(7) 
No sky lanterns shall be launched within the Village limits.
I. 
Liability. Any person(s) starting or maintaining an outdoor fire will be held financially responsible for all fire-suppression costs and any other liabilities resulting from damage caused by such fire, including all costs related to emergency personnel and equipment response.
J. 
Open flame.
(1) 
Lights and devices. No person shall take an open flame or light into any building or any other place where highly flammable, combustible, or explosive material is kept, unless such light or flame shall be well secured in a glass globe, wire mesh cage or similar approved device.
(2) 
Places of assembly. The use of any candles or other open flame fixture, whether equipped with a guard or not, is prohibited without formal request and approval from the Fire Department. The use of candles in any other occupancy for uses other than ceremonial will not be approved and are specifically prohibited by the Fire Code.
(3) 
Exceptions. The use of other open flame light and devices not herein regulated may be permitted by the Chief of the Fire Department or his/her designee under such restrictions, in his/her judgment, are necessary to avoid danger of ignition of combustible material or injury to persons.
K. 
Hot work; permit required. All hot work performed on commercial buildings requires a permit and approval from the Fire Department prior to the start of any work. Proper safety precautions, including a spotter and a readily accessible extinguishing device at the work location, must be in place. Work may include, but is not limited to, cutting and welding, open flame tar kettles, roof welding and seaming.
A. 
Transportation. Every person, firm or corporation using, storing, handling or transporting (whether by rail or on the highways) flammable or combustible liquids, chemicals, gasses or other hazardous materials shall be liable to the municipality for the actual cost of labor and materials associated with the use of any specialized extinguishing agent, chemical, neutralizer or similar material or equipment employed to extinguish, confine or clean up any such hazardous material which is involved in any accidental spill or in threat of any fire or accidental spill.
B. 
Notification of discharge or spill. Upon learning that a prohibited discharge or spill has taken place, all persons with knowledge shall immediately notify the Police and Fire Department of the time and place of the prohibited discharge and the substance discharged, if known.
C. 
Reimbursement for cleanup of spills. Any person who possesses or controls a hazardous material or infectious agent which was discharged or who caused the discharge of a hazardous material or infectious agent shall reimburse the municipality for actual and necessary expenses incurred by the municipality or its agent to contain, remove or dispose of the hazardous substance or infectious agent or take any other appropriate action which is deemed appropriate under the circumstances.
D. 
Village under no obligation. Nothing herein shall obligate the Village of Slinger to perform any of the remedial measures. The Village shall endeavor in all cases to have such remedial measures performed by the persons set forth in Subsection A hereof, and in default of such performance, shall itself perform such remedial measures only if the exigencies of time and circumstances indicate that the public health, safety and welfare require such intervention.
E. 
Prohibited discharge. No person(s) shall discharge, allow, or cause to be discharged upon or into any public street, alley or public property or onto the ground, surface water, subsurface waters, or aquifers, or on any private property, any hazardous material, except in those areas licensed for waste disposal or landfill activities for hazardous waste and/or hazardous materials as identified in the Fire Code.
F. 
Containment, cleanup, and restoration. Any person(s) in violation of this section upon the direction of the Village's Police Department shall take immediate action to contain, clean up and remove to an approved depository the offending material(s) and restore the site to its original condition. Should any person fail to engage or complete the cleanup/containment requirement, the Police Department may order the owner or lessee to take the required corrective action or, in default thereof, may on behalf of the municipality, without taking bids, do the necessary work with all costs incurred by the municipality to be reimbursed by the violator(s).
G. 
Public protection. Should any prohibited discharge occur that reasonably causes a threat to the life, safety, welfare or health of the public, a municipal official to employee on the scene may order evacuation of the area or take other appropriate protective steps for such period of time as needed.
H. 
Access. When a prohibited discharge has occurred or is reasonably thought to have occurred, access to the site, upon notice to the owner or occupant whether on public or private land, shall be granted to the police, fire and health department personnel for the purpose of evaluating the extent of the discharge, monitoring the cleanup and restoration of the site. Notice to the owner or occupant is not required if the delay will result in imminent risk to public health or safety to the environment.
The Village of Slinger shall have all rights of recovery for costs related to the prevention, control, or extinguishing of any fire, and for subsequent cleanup or remedial action necessary pertaining to any fire, as provided by Wis. Stats. § 166.22, which is specifically adopted in its entirety, together with such amendments and reenactments as shall occur subsequent to the enactment of this section.
Any person, firm, or corporation who or which shall violate any of the provisions of this chapter shall be subject to the penalties and remedies as provided in § 1-2 of the Village Code, provided that any forfeiture imposed shall not be less than the minimum forfeiture described in § 101.123(8), Wis. Stats.
The violation of this chapter or any condition in violation of this chapter shall constitute a public nuisance which may be abated, restrained and enjoined by court action at the suit of the Village of Slinger.