[Amended 6-3-2025 by Ord. No. 2025-13]
A. 
It shall be the duty of the Fire Chief to inspect or cause to be inspected by authorized Fire Department personnel, all buildings and premises within the City, except one- and two-family dwellings at least annually, provided the interval between inspections on such building or premise does not exceed 15 months. Such inspections are for the purpose of discovering and causing to be corrected any conditions liable to cause fire, or a direct hazard to life safety, and any violations of the provisions or intent of this Code.
B. 
The Fire Chief or any inspector thereof shall, whenever they deem it necessary or upon the complaint of any person, inspect any buildings and premises within the City.
The Fire Chief or any of the Chief's designated subordinates may, at all reasonable hours, enter any building or premises within the City for the purpose of making any inspection or investigation which under the provisions of this Code they deem necessary pursuant to §§ 101.02(15) and 101.14, Wis. Stats. One- and two-family dwellings shall not be entered without the consent or permission of an adult occupant.
[Amended 6-3-2025 by Ord. No. 2025-13]
The Fire Chief, or any duly authorized Fire Department personnel, shall inspect all buildings, except one- or two-family dwellings, within the City annually, subject to the requirements in § 224-35.A of this Code, together with such re-inspections as needed. Such inspections shall determine the general character of the building or premises with respect to the disposition of debris, rubbish, wastepaper, rags, oils, waste, explosives, and all kinds of flammable or combustible material. The inspection shall cover aspects of life safety that include the means of access or egress from one part of the building to another or exiting from a building, to ensure compliance in all places of assembly with all codes and regulations dealing with occupancy load. The inspection shall include ascertaining whether any danger from fire exists by reason of defective chimneys, flues, stoves, ovens, furnaces, boilers, electric wiring, machinery, workplace operations, or by reason of any other cause. Also, fire alarm and fire detection systems, sprinkler systems, and fire extinguishing systems shall be inspected for compliance with maintenance and testing requirements pursuant to NFPA codes and standards.
If during a building inspection the Fire Chief or an authorized assistant discovers that any provisions of this chapter are being violated, the Fire Chief shall give written notice thereof to the owner or occupant of such building or premises, requiring them to comply with the provisions of this chapter within a period the Fire Chief deems necessary to correct the violation(s).
If during a building inspection the Fire Chief or an authorized assistant discovers any danger from potential fire by reason of any defective condition, or from any other cause, the Fire Chief or the assistant shall give written notice thereof to the owner or occupant of such building or premises, requiring them to make reasonable changes and repairs, within a period of time the Fire Chief deems necessary, to cure such defects and render the building or premises as safe as possible from fire. Any potential fire hazard deemed imminent shall be abated immediately, regardless of the cost.
A. 
The Fire Chief shall investigate, or delegate to a designee the investigation of, the cause and origin of every fire occurring within the City by which property has been destroyed or substantially damaged. Such investigation shall begin immediately upon the occurrence of such fire and if it appears that the fire is of suspicious origin, the Fire Chief or the Chief's designee shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with said authorities in the collection of evidence and in the prosecution of the case.
B. 
The City Attorney, the Port Washington Police Department, the Ozaukee County Sheriff's Office, and the Office of the State Fire Marshal, upon the request of the Fire Chief shall assist in the investigation of any fire which, in the opinion of the Fire Chief is of suspicious cause or origin.
The Fire Chief shall keep a record of all fires and of all facts concerning the same, including statistics as to the extent of such fires, the damages caused thereby, whether such losses were covered by insurance, and, if so, in what estimated amount. Also, all fire inspection records shall be kept and filed by property address. All such records may be available to the property owner, the owner's attorney or insurance company, or the public, as provided in and subject to the provisions of the Wisconsin Public Records Law.
All parts of buildings within the City shall be cleaned daily and kept free from all combustible material, except that combustible material not in actual use may be neatly arranged in a manner to provide passageways and aisleways for the convenient movement of the building's occupants and members of the Fire Department.
A. 
Hot ashes and other dangerous materials. No person shall within the City deposit hot ashes or cinders, or smoldering coals, or greasy or oily substances liable to spontaneous ignition into any wooden receptacle or place the same within 10 feet of any combustible materials, except in metal or other noncombustible receptacles, with self-closing lids. Such receptacles, unless resting on a noncombustible floor or on the ground outside the building, shall be placed on noncombustible stands, and in every case shall be kept at least two feet away from any combustible wall or partition.
B. 
Accumulations of waste materials. Accumulations of wastepaper, hay, grass, straw, weeds, litter, or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or in any courtyard, vacant lot, or open space within the City. All weeds, grass, vines, or other growth, when the same endangers property or is liable to be fired, shall be cut down and removed by the owner or occupant of the property it is on.
C. 
Handling readily combustible materials. No person making, using, storing, or having in charge, or under his control any shavings, excelsior, rubbish sacks, bags, litter, hay, straw, or combustible waste materials within the City shall fail or neglect at the close of each day to cause all such materials which are not compactly baled and stacked in an orderly manner to be removed from the building or stored in suitable vaults or in metal, or metal-lined, covered receptacles or bins.
D. 
Storage of readily combustible materials. Storage of readily combustible materials in buildings within the City shall be orderly, shall not be within two feet of the ceiling, and not so located as to endanger exit from the building. Storage of such materials in the open shall not be more than 20 feet in height, shall be so located, with respect to adjacent buildings, as not to constitute a hazard, and shall be compact and orderly.
E. 
Combustible decorative materials in stores. Cotton batting, straw, dry vines, leaves, trees, or other highly combustible materials shall not be used for decorative purposes in show windows or other parts of stores within the City unless flameproofed; provided, however, that nothing in this section shall be held to prohibit the display of saleable goods permitted and offered for sale. Electric bulbs in stores shall not be decorated with paper or other combustible materials unless such materials are first rendered flameproof.
No rubbish, excelsior, shavings, wastepaper, or other like combustible materials shall be left in any part of business buildings within the City over one day, except that such materials may be stored within an approved area or fireproof room, provided with standard fire doors, and all material of such character shall be destroyed, removed, or placed within such fireproof room at the close of each day.
All doors and openings, external and internal, in all buildings within the City shall be kept free from goods of any kind, and means of access and free movement shall be provided for the convenient work and egress of the building's occupants and members of the Fire Department. The exterior of all designated building exits shall be kept free of vegetation, snow, and ice, to allow the exit door free movement.
No heating or lighting apparatus or equipment capable of igniting flammable or combustible materials of the type stored or handled shall be used in the storage area of any warehouse within the City storing rags, excelsior, hair, or other highly flammable or combustible material, or in the work area of any shop or factory within the City used for the manufacture, repair, or renovating of mattresses or bedding, or in the work areas of any establishment within the City used for the upholstering of furniture.
Any person using a torch or other flame-producing device for removing paint from any building or structure within the City shall provide one approved fire extinguisher or water hose connected to the water supply on the premises where such burning is done. In all cases, the person doing such burning shall remain upon the premises for one hour after use of the torch or flame-producing device has ceased.
All chimneys, smokestacks or similar structures or devices for conveying smoke or hot gases to the outer air, and the stoves, furnaces, fire boxes, or boilers to which they are connected, shall be constructed and maintained in such a manner as not to create a fire hazard. Pursuant to the National Fire Protection Association code, such fireplaces and chimneys shall be inspected annually.
A. 
Delivery and other restrictions. No person, firm or corporation shall deliver, place, receive, store on or underground in excess of 10 gallons of gasoline (or like petroleum product which has a flash point of less than 100° F.) upon any premises located in any area within the City zoned as a single-family residence district, two-family residence district, or multiple-family residence district.
B. 
Device for drawing, restrictions. No person, firm, or corporation shall maintain, use, or place any device for drawing, from an underground storage container, any gasoline (or like petroleum product which has a flash point of less than 100° F.) upon any premises within the City zoned as a single-family residence district, two-family residence district, or multiple-family residence district.
A. 
Statutes adopted. Effective July 5, 2010, § 101.123(2)(a)(9), Wis. Stats., prohibits smoking in enclosed places that are places of employment or public places. Section 101.123, Wis. Stats., is adopted and incorporated by reference in this section insofar as its provisions are not in conflict with the provisions of this section.
B. 
Definitions. For purposes of this section, the following definitions shall be applicable:
ENCLOSED PLACE
A structure or area that has both of the following:
(1) 
A roof.
(2) 
More than two substantial walls.
PLACE OF EMPLOYMENT
Any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, or an employee cafeteria.
PUBLIC PLACE
Any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.
SMOKING
The carrying or holding of, or inhaling or exhaling smoke from, a lighted cigar, lighted cigarette, lighted pipe, lighted tobacco in any form, or any other lighted smoking equipment or materials that contain tobacco and burns and produces hot ash.
C. 
No smoking signs. No smoking signs required to be posted on any premises within the City in accordance with this section or § 101.123, Wis. Stats., shall read "No Smoking by Order of the Chief of Port Washington Fire Department."
D. 
Smoking and removal of no smoking signs prohibited. No person shall remove any legally required "No Smoking" sign or smoke in any place within the City where such signs are posted.
A. 
Orders to eliminate. Whenever any of the officers, members, or inspectors of the Fire Department shall find in or upon any building or premises any of the following dangerous or hazardous conditions or materials, they shall order such conditions or materials to be removed or remedied in such manner as may be specified in the order:
(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, wastepaper, 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) 
Obstructions to 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.
(6) 
Any building or other structure which, for want of automatic or other fire alarm system or apparatus or fire extinguishing system or equipment, or by reason of age or dilapidated condition, or from any other cause, creates a fire hazard and/or a threat to life and safety.
B. 
Service of orders. The service of the orders described in § 224-46A of this Code may be made upon the owner, occupant, or other person responsible for the conditions, either by delivering a copy of the orders personally or by delivering the orders to and leaving it with any person apparently in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such orders upon the owner of premises, such orders may be served either by delivering to and leaving with the owner a copy of the orders, or, if such owner is outside of or absent from the City by mailing such copy to the owner's last known post office address. If buildings or other premises are owned by one person and occupied by another under a lease or otherwise, the orders issued in the enforcement of this Code shall apply to the occupant thereof, except where the orders require the making of additions to or changes in the premises itself, such as would immediately become a part of the real estate and be the property of the owner of the premises. In such cases the orders shall affect the owner and not the occupant unless it is otherwise agreed between the owner and occupant.
Any person, firm, or corporation shall be charged for the labor and replacement or cost of any extinguishing agent, chemical, neutralizer, or material used in the extinguishment, confinement, neutralizing, or cleanup of any flammable or combustible liquid, gas, solid, or any hazardous material or chemical involved in any fire or accidental or intentional spill or leak.
A. 
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order may thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or who shall fail to comply with such an order as affirmed or modified by the Chief of the Fire Department or the City Council or by a court of competent jurisdiction within the time fixed herein, shall be subject to penalty provided in § 224-51 of this Code.
B. 
The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions.
A. 
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.