[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (§§ 8.03 through 8.10 of the 1993 Municipal Code).
Amendments noted where applicable.]
A.
State codes. The following orders, rules, and regulations of the
Department of Safety and Professional Services, all of which are set
forth in the Wisconsin Administrative Code, as from time to time amended
and/or renumbered, are incorporated herein by reference and adopted
as part of this chapter:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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Ch. SPS 307, Explosives and Fireworks
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Ch. ATCP 93, Flammable, Combustible and Hazardous Liquids
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Ch. SPS 314, Fire Prevention
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Ch. Comm 15, Cleaning and Dyeing
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Ch. SPS 316, Electrical
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Ch. SPS 328, Smoke Detectors and Carbon Monoxide Detectors
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Ch. SPS 361, Administration and Enforcement
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Ch. SPS 376, Factories, Office and Mercantile Buildings
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Ch. SPS 377, Theatres and Assembly Halls
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Ch. SPS 378, Schools and Other Places of Instruction
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Ch. SPS 379, Apartment Houses, Hotels and Places of Detention
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Ch. SPS 362, Buildings and Structures
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Ch. SPS 364, Heating, Ventilating and Air Conditioning
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Ch. SPS 366, Existing Buildings
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Ch. SPS 372, Cleaning Methods for Historic Buildings
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NOTE:
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Former Ch. Comm 11, Liquefied Petroleum Gases; Ch. Comm 12,
Natural Gas; and Ch. Comm 13, Compressed Natural Gases, still apply
to buildings that have not been upgraded.
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B.
National codes. The following sections of the National Fire Codes
published by the National Fire Protection Association:
(1)
NFPA 1 Fire Prevention Code.
C.
Compliance required. Any act required to be performed and any act
prohibited by the sections of the Wisconsin Administrative Code or
the National Fire Code, incorporated herein by reference, is an act
required or prohibited by this chapter.
D.
Future amendments or modifications.
E.
Enforcement, Authority and General Duties.
(1)
It shall be the duty and responsibility of the Fire Chief or his/her
duly authorized representative to enforce the provisions of this chapter.
Every reference to Fire Chief in this chapter shall include his/her
duly authorized representative.
[Amended by Ord. No. 97-30]
A.
The Fire Chief shall be responsible for and have full authority to issue bans on any open burning permitted under § 288-6M of this Code, should weather conditions warrant restrictions; shall be responsible for and have full authority to restrict the use of fireworks as permitted pursuant to § 305-31 of this Code, should weather conditions warrant restriction; shall be responsible for and have full authority to give direction as he may deem expedient as to the keeping, removal and management of any combustible materials or articles likely to cause fire or explosion; and to carry into effect the several provisions of this chapter, and each act that such person or persons neglect or refuse to comply with said directions shall be considered a separate offense.
B.
No person
shall burn rubbish, trash, leaves, or debris anywhere within the City
or in any cooking device or in any campfire pit.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
C.
Prior to
conducting any burning on a property by someone other than the property
owner, permission shall be obtained from the property owner.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
D.
Smoke,
ash and fire from any outdoor fire of any kind shall not create a
nuisance for neighboring properties, and fire shall be completely
extinguished when any Police or Fire Department employee determines
a nuisance is present.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
E.
Cooking
devices, campfire pits and masonry fire pits shall only be used a
minimum of 25 feet from the nearest portion of any building, lumber
pile, wood pile, wooden fence, wooden deck, dry grass or other combustible
materials or vegetation.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
Enforcement, authority and duties.
(1)
Inspection of premises and the issuing of orders in connection therewith,
under the provisions of this chapter, shall be the responsibility
of the Fire Chief or his/her designee. Wherever, in the opinion of
the Fire Chief, it is necessary or desirable to coordinate with the
Building Inspector in the inspection of any condition, he/she shall
arrange for this to be done in such manner that the owners or occupants
of buildings shall not be subjected to visits by numerous inspectors
nor to multiple or conflicting orders. All orders for correction of
any violation under this chapter shall be issued with the approval
of the Fire Chief or his/her designees.
(2)
When the Fire Chief determines that there are reasonable grounds
to believe that a violation of this chapter may exist or that conditions
exist which adversely affect the health, safety, and welfare of the
occupants or the public, he/she may make or cause to be made inspections
to determine the conditions of buildings or structures in order to
safeguard the safety, health and welfare of the public under the provisions
of this chapter. In addition, the Fire Chief shall make or cause to
be made those inspections that are required by the Wisconsin Statutes.
It shall be the duty of the Fire Chief to inspect all buildings and
premises except the interiors of dwelling units as often as may be
necessary for the purpose of ascertaining and causing to be corrected
any conditions liable to cause fire, endanger life from fire, or any
violations of the provisions or intent of this chapter. Fees for reinspection:
Any person who shall fail or neglect to comply with any lawful order
of the Fire Chief and/or his or her designee issued pursuant to the
provisions of this chapter may be assessed a fee.
[Amended 7-17-2023 by Ord. No. 23-10; 7-17-2023 by Ord. No. 23-17]
B.
Authority to enter premises.
(1)
The Fire Chief may, at reasonable hours, request permission of the
owner or occupant to enter any building or premises for the purpose
of making any inspection or investigation, which, under the provisions
of this chapter, he/she may deem necessary to be made.
(2)
The Fire Chief may obtain a search/inspection warrant under §§ 968.10,
968.11, 66.0119, Wis. Stats., when necessary in his/her opinion for
the purpose of making an inspection or investigation of any building
or premises where the owner or occupant has refused admission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
No person, having been duly informed of the existence of a search
warrant to search the premises owned or occupied by him/her, shall
refuse to permit such search to be made. Each day or part thereof
during which such refusal continues shall be deemed to be a separate
violation.
C.
Enforcement methods. In enforcing this chapter, the Fire Chief or
his/her authorized representative may do so by order to vacate building,
order to correct violation, citation procedure, forfeiture action,
injunctive relief, or any combination of those remedies.
D.
Emergency vacation of hazardous buildings; procedure.
(1)
Whenever the Fire Chief finds that a fire code violation exists which
presents a situation so dangerous as to be an immediate hazard or
threat of damage or injury to any property or to any person's life,
safety or health, the Fire Chief may order an immediate vacation of
the building, structure or premises which are so threatened.
(2)
The order to vacate in an emergency situation may be given orally
by the Fire Chief to those persons present in the building, structure
or premises.
(3)
If such order is given orally, the Fire Chief shall post on each
entrance to the vacated building a sign or notice that the building
has been ordered vacated or is unfit for occupancy.
(4)
If the emergency situation terminates within three days, the Fire
Chief shall prepare a report of the emergency situation and vacation.
Such report shall contain the following information:
(a)
A description of the premises sufficient for identification.
(b)
Specification of the condition requiring immediate vacation
and the section of the fire code under which emergency order was issued.
(c)
Date of issuance of the order to vacate.
(d)
Date of withdrawal of the order to vacate.
(e)
The names of the person or persons who were ordered to vacate
the building, structure or premises, and the date on which they were
so ordered.
(5)
If the emergency situation exists longer than three days, the Fire
Chief shall, after three days, prepare a written order which shall
contain the following information:
(a)
A description of the premises sufficient for identification.
(b)
An order that the building, structure, or premises be vacated
and remain vacated until such order to vacate is withdrawn.
(c)
Specification of the condition requiring immediate vacation
and the section of the fire code under which such emergency order
is being issued.
(d)
The date the oral order to vacate was given.
(e)
A statement of the penalty for defacing or removal of the copy
of that order.
(f)
The signature of the Fire Chief and a statement that the order
was issued from the Fire Department.
(g)
The date of posting of the written order.
(6)
A copy of any written order shall be posted on the premises and shall
be served on the owner.
(7)
When the Fire Chief is satisfied that the hazard or condition causing
the emergency situation has been corrected, he/she shall withdraw
the order to vacate and remove any posted order or notice. If a written
order was posted, the Fire Chief shall notify the owner in writing
of the withdrawal of the order to vacate.
(8)
It shall be the duty of the owner of a building to notify the occupants
of any order to vacate and of the withdrawal of such order. Any damage,
loss or injury to either the owner or occupants of the building ordered
to be vacated shall not be the responsibility of the City unless directly
caused by the City's negligence. Any damage, loss or injury to either
the owner or occupants shall be the responsibility of the person or
persons who caused the fire code violation or who allowed the fire
code violation to exist.
(9)
The Fire Chief shall furnish a copy of all orders to vacate and notices
of withdrawal thereof to any other official of the City concerned
therewith.
E.
Emergency authority of Fire Chief. In all circumstances where, in
the opinion of the Fire Chief, the fire code violation presents a
situation so dangerous as to be an immediate threat of damage or injury
to any property or any person's life, safety or health, the Fire Chief
may cause the immediate abatement, removal or correction of the violation.
Any and all costs incurred by the City in the performance of the abatement,
removal or correction of such violation shall be charged to the owner,
occupant, person in control of or person responsible for such violation.
In case of a failure to pay these costs, a statement of such costs
shall be filed with the Treasurer and any and all costs thereof shall
be charged against the real estate upon which the violation was located,
shall be a lien upon the real estate, and shall be assessed and collected
as a special tax.
F.
Order to eliminate dangerous or hazardous conditions. Whenever the
Fire Chief shall find in any building or upon any premises dangerous
or hazardous conditions or materials as follows, he/she shall order
such dangerous conditions or materials to be removed or remedied:
(1)
Dangerous to unlawful amounts of combustible or explosive or otherwise
hazardous materials.
(2)
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible or explosive or otherwise
hazardous materials.
(3)
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or
other highly combustible materials.
(4)
Accumulations of dust or waste material in the air-conditioning or
ventilating systems or of grease in kitchen or other exhaust ducts
or inadequate clearances to unprotected combustible materials from
hoods, grease extractors and ducts.
(5)
Obstructions to or on fire escapes, designated access openings in
exterior walls for Fire Department use, stairs, passageways, doors
and windows, liable to interfere with the operations of the Fire Department
or egress of occupants in case of fire.
(6)
Any buildings or other structure which, for want of repairs, lack
of adequate exit facilities, automatic or other fire alarm apparatus
or fire extinguishing equipment, or by reason of age or dilapidated
conditions, or from any other cause, creates a hazardous condition.
G.
Service of orders.
(1)
The service of written orders for the correction of violations of
this chapter shall be made upon the owner, occupant or other person
responsible for the conditions, either by delivering a copy of same
to any person in charge of the premises, or by mailing such orders
to the owner or other responsible person. This subsection shall in
no way preclude the Fire Chief from issuing oral orders in such other
manner as he/she deems appropriate under the circumstances.
(2)
If buildings or other premises are owned by one person and occupied
by another, the orders issued on connection with the enforcing of
this chapter shall apply to the occupant thereof as well as the owner,
except where the rules or orders require the making of additions to
or changes in the premises themselves, such as would immediately become
fixtures upon real estate or real estate and be the property of the
owner of the premises, and in such cases the rules or orders shall
affect the owner and not the occupant unless it is otherwise agreed
between the owner and the occupant.
(3)
Receipt of such orders by the owner or occupant is sufficient notice
to effect compliance with the order.
H.
Order to correct violations: removal of posted copy. In case any
order is not promptly complied with, the Fire Chief, or his/her designees,
may follow any, several, or all of the following procedures:
(1)
Cause a citation to be issued to the owner, operator or other person
responsible for the violation citing a violation of this chapter.
(2)
Request the Attorney of the City to institute an appropriate action
or proceeding at law or in equity against the owner, operator or other
person responsible for the violation, ordering him to:
(a)
Restrain, correct or remove the violation, or refrain from any
further execution of work.
(b)
Restrain or correct the erection, installation or alteration
of such building in violation of this chapter.
(c)
Remove work in violation.
(d)
Prevent the occupancy or use of the building, structure, or
part thereof erected, constructed, installed or altered in violation
of, or not in compliance with, the provisions of this chapter, or
in violation of a plan or specification under which an approval, permit
or certificate was issued, or
(e)
Pay a forfeiture pursuant to the penalty provision of this chapter.
(3)
Any person who does not comply with any lawful order of the Fire
Chief, or his/her designees, issued pursuant to the provisions of
this chapter shall be in violation of this chapter and every day or
fraction thereof during which such person fails or neglects to comply
with such order shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person violating any provision of this chapter shall forfeit
not less than $25 nor more than $500, together with costs of prosecution,
and in default of payment of said forfeiture and costs of prosecution
shall be imprisoned in the Rock County Jail until such forfeiture
and costs of prosecution are paid, but not to exceed 60 days.
