The Department shall be known as the "Village of Wittenberg Fire Department" and shall consist of the Fire Chief, Assistant Fire Chief, and Fire Inspector.
The Department shall be governed by the bylaws, rules and procedures of the Department, Village ordinances and resolutions, and the Wisconsin Statutes.
Members of the Department shall receive compensation in the amount and in the manner determined from time to time by the Village Board.
The Fire Chief shall file with the Village Board, as requested, a detailed estimate of the appropriations needed for the conduct of the Department during the ensuing fiscal year.
(1)
GENERAL SUPERVISION. The Chief shall have the general supervision of the Department, which supervision shall be subject to and not conflict with this chapter and the bylaws of the Department. The Chief shall provide or be accountable for the safety of the members of the Department. The Chief shall also obey all lawful orders of the Village President as approved by the Village Board.
(2)
PRESIDING OFFICER. The Chief or, in his absence, the highest ranking staff officer shall preside at all meetings of the Department, call special meetings, preserve order, decide all points of order that may arise, and enforce the provisions of this chapter and the by-laws.
(3)
COMMAND OF FIREFIGHTING OPERATIONS. The Chief or, in his absence, the highest ranking line officer shall be present at all fires, if possible, and have complete command and entire accountability for all firefighting operations, plan the control of the same, direct the action of the Department when it arrives at a fire, observe that the Department does its duty, grant leaves of absence at a fire when he may deem it proper, and see that the Department equipment is kept in operable condition at all times.
(4)
DISCIPLINARY ACTION. The Fire Chief shall, in accordance with the Department rules and procedures, have the power to suspend, demote, expel or otherwise discipline members of the Department, subject to appeal to the Village Board. The Village Board must be notified of any and all disciplinary actions.
(5)
ENFORCEMENT OF FIRE PREVENTION ORDINANCES. The Chief shall enforce all fire prevention ordinances of the Village and the State laws and regulations pertaining to fire prevention and shall have a formal fire prevention program.
(6)
FIRE RECORDS. The Chief shall keep fire records, including the State form, of every fire to which the Department was called and shall submit run reports to the Village Clerks office within 48 hours after each Department Response.
(7)
ANNUAL REPORT. An annual report must be submitted to the Village Board by the 1st of February of each year. The annual report shall contain all information considered necessary by the Village Board.
(8)
APPARATUS INVENTORY. The Chief shall keep an inventory of all apparatus and equipment.
(9)
DUTIES AS COMMANDING OFFICER. The Chief shall perform such other duties as are usually incumbent on the commanding officers of fire departments.
(1)
The Fire Chief shall have control of all apparatus used by the Department and shall be accountable for its operable maintenance. Emergency repairs may be authorized by the Chief or, in his absence, the highest ranking officer available. If additional funds are needed for repairs, a request shall be made to the Village Board.
(2)
No apparatus shall be used for any purpose except for firefighting that is within the Village limits or in training therefor, except pursuant to contracts and mutual aid agreements approved by the Village Board. The Chief may authorize the use of apparatus for civic purposes.
(1)
POLICE AUTHORITY AT FIRES/EMS CALLS. The Fire Chief and his assistants or officers in command at any fire are hereby vested with full and complete police authority. Any member of the Department may report to the proper authorities any person failing to give the right of way to the Fire Department in responding to the fire or EMS call.
(2)
CONTROL OF FIRE DEPARTMENT EMERGENCIES. The Fire Chief may prescribe certain limits in the vicinity of any fire within which no persons except firefighters, EMS personnel and police officers and those admitted by order of the Chief shall be permitted to enter. The Chief may cause the removal of 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, the Chief may order the removal or destruction of any property necessary to prevent the further spread of the fire. The Chief may also cause 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 Department.
(3)
ENTERING PREMISES. Any firefighter, while acting under the direction of the Fire Chief or other officer in command, may enter upon the premises adjacent to or in the vicinity of any building or other property when the Chief reasonably believes such entry is required for the protection of persons or property. If any person shall hinder, resist or obstruct any firefighter or EMS personnel in the discharge of his duty, as is hereinbefore provided, the person so offending shall be deemed guilty of resisting the firefighter or EMS personnel in the discharge of his duties.
(4)
DUTIES OF BYSTANDERS. Every person who shall be present at a fire or EMS call 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 removing or guarding property. Such officer may cause the arrest of any person refusing to obey such orders.
(5)
DAMAGE OR DESTRUCTION OF EQUIPMENT PROHIBITED. No person shall willfully damage or destroy, in any manner, any equipment belonging to the Fire Department or the Village and no vehicle or railroad equipment shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway, track or other place to be used at any fire or alarm of fire without the consent of the Fire Department official in command.
(1)
FIRE INSPECTOR. The Fire Inspector shall hold the office of Fire Inspector with the power to appoint one or more Deputy Fire Inspectors, who shall perform the same duties and have the same powers as the Fire Inspector.
(2)
INSPECTION DUTIES. Fire Inspectors shall inspect, according to state regulations, all buildings, premises and public thoroughfares within the Village limits for the purpose of noting and causing to be correcting 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 Inspector shall also investigate the storage and handling of all explosives and inflammable liquids within the Village.
(3)
WRITTEN RECORD OF INSPECTIONS. The FIRE INSPECTOR shall keep a written record of each property inspected which shall conform to the requirements of the State Department of Commerce and shall make a report of such inspections available upon request.
(4)
CORRECTION OF FIRE HAZARDS. When any inspection by the Fire Inspector or Deputy Inspector reveals a fire hazard, the Fire Inspector or the Deputy Inspector may serve a notice in writing upon the owner of the property giving the 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 Fire Inspector or the Deputy 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.
(5)
ENTERING ON PREMISES. No person shall deny the Fire Inspector or the Deputy Inspector 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 Inspectors in the performance of duties or refuse to observe any lawful direction given by the Inspector or Deputies.
(6)
The Wittenberg Fire Department shall conduct fire prevention inspections pursuant to SPS 314.13(7)(a) which allows inspections in intervals of at least once per calendar year, provided the interval between the inspections does not exceed 15 months.
(Cr. Ord. #2025-01)
The following chapters of the Wisconsin Administrative Code, Rules of the Department of Commerce, are hereby adopted by reference and made a part of this Code.
COMM 10 | Flammable and Combustible Liquids Code |
COMM 11 | Liquefied Petroleum Gas Code (Gold) |
COMM 12 | Liquefied Petroleum Gas Handbook (Blue) |
COMM 14 | Fire Prevention Code |
COMM 16 | Wisconsin State Electrical Code |
COMM 20-25 | Uniform Dwelling Code |
COMM 28 | Detection and Alarm Systems |
COMM 30 | Fire Department Health and Safety Standards |
COMM 50-64 | Building, Heating Ventilating and Air Conditioning Code |
COMM 70 | Historic Building Code |
NFPA 10 | Portable Fire Extinguishers |
NFPA 13 | Installation of Sprinkler Systems |
NFPA 30 | Flammable and Combustible Liquids Code |
NFPA 30A | Auto and Marine Service Station Code |
NFPA 58 | Storage and Handling of Liquefied Petroleum Gases |
NFPA 70 | National Electric Code |
NFPA 80 | Fire Doors and Windows |
NFPA 101 | Safety to Life from Fire in Buildings and Structures |
NFPA 101M | Alternative Approaches to Life Safety |
NFPA 211 | Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances |
NFPA 385 | Tank Vehicles for Flammable and Combustible Liquids |
NFPA 395 | Standard for the Storage of Flammable and Combustible Liquids on Farms and Isolated Construction Projects |
NFPA 1031 | Fire Inspector Professional Qualifications Wisconsin Fire Chiefs Guide Book |
Copies of all applicable Federal, State and County codes, statutes and ordinances used in the operations of the Fire Department are adopted by reference and are on file in the office of the Fire Chief or are available through Federal, State, County or Village government and the National Fire Prevention Association.
The officers and members of the Fire Department, with their fire equipment of every kind, when going to or are on duty at a fire, shall have the right of way over all other vehicles upon Village streets when giving visual and audible signal, and the operator of any other vehicle, whether motor or otherwise, upon the approach of such emergency vehicles, shall immediately drive such other vehicle as far as possible to the right of the thoroughfare and shall keep such vehicle stationary until such emergency vehicles shall have passed. Except when actually responding to a fire alarm or other emergency call, or when on duty at a fire, the emergency vehicles of the Fire Department shall, however, have no special right of way or other privileges of any kind, but shall be subject to all traffic regulations applicable to other vehicles.
All firefighters and EMS personnel, when responding to a fire call or EMS call with a private vehicle, shall comply with all traffic regulations.
(1)
PROHIBITED BURNING. It shall be unlawful to burn trash of any kind.
(2)
RECREATIONAL BURNING. Open recreational burning is permitted in a fire pit; or a gas, electric or charcoal kettle, subject to the following:
(a)
The fire is monitored by a person of at least 16 years of age until the fire is extinguished or burns out.
(b)
The fire is not lit on windy days or when atmospheric conditions will endanger the public health or safety.
(c)
The fire is located off the public right of way and in excess of 30 feet from the residence of another.
(d)
The fire is not used for the covert burning of plastic, rubber, garbage or other offensive materials.
(3)
PERMISSIVE BURNING. Burning as a method of vegetation, insect, and rodent control is permitted in unimproved areas. Burning brush in nonresidential areas may be allowed pursuant to the following regulations.
(a)
All open burning conducted shall be performed in a safe manner when wind and weather conditions are such as to minimize adverse affects and in conformance with local and State fire protection regulations. Open burning shall not be used to burn plastic, construction debris or other prohibited materials.
(b)
The pile of material being burned shall be at least 50 feet away from any structure, wood or lumber pile, wooden fence, trees or bushes. Provisions shall be made to prevent the fire from spreading to within 50 feet of such items or the fire shall otherwise be contained in an approved incinerator or burner device which is located at least 15 feet from any structure, wood or lumber pile, wooden fence, tree, or bush.
(c)
Open burning shall be constantly attended and supervised by a competent person of at least 16 years of age until such fire is extinguished. This person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire while burning and/or extinguishing such fire.
(d)
No materials may be burned upon any street, curb, gutter or sidewalk.
(4)
LIABILITY. Any person open burning, whether permitted or not, which results in property damage shall be responsible for the cost of the damages.
See ch. 9 of this Code.
(1)
MANAGEMENT. The ambulance service shall operate under the direction of the Wittenberg Ambulance Service Director in accordance with policies established by the Village Board.
(2)
WAGES. The Village Board shall establish ambulance personnel wages and on-call wages.
(3)
CONTRACTS. The Village Board shall approve all Ambulance Service contracts. Contracts shall have the signatures of the Village President and the Clerk-Treasurer.
(4)
MONIES TO BE PAID. All monies from contracts, donation or billings for service shall be placed into the Ambulance Service Account.
(5)
RECORDS. All ambulance records shall be kept in accordance with HIPAA regulations.
(6)
BILLING RECORDS. All billings are generated through the Clerk-Treasurer's office and billing coordinator. Run reports shall be submitted to the Clerk-Treasurer's office within 24 hours after each Department response.
(7)
PURCHASES. All major purchases, other than daily supplies and routine maintenance shall be approved by the Village Board.
(8)
ANNUAL REPORT; REVIEWS. An annual report must be submitted to the Village Board by the 1st of February of each year. The annual report shall contain all information considered necessary by the Village Board.
(9)
MUTUAL AID AGREEMENTS. Subject to Village Board approval the Ambulance Service may have a mutual aid agreement with surrounding areas.
The Village of Wittenberg hereby adopts the following sections of the National Fire Prevention Association of NFPA 1. These regulations are hereby adopted by reference and incorporated into the Wittenberg Fire and Ambulance Protective Service District Fire Prevention Code with the same force and effect as if fully set forth herein. Any future amendments, modifications, revisions, renumbering, recodification, additions or deletions of the codes so adopted shall be incorporated herein and made a part of this section.
(Cr. Ord. #2012-01)
(1)
PURPOSE. The Village of Wittenberg Board, pursuant to § 61.66, Wis. Stats., is part owner of the Wittenberg Area Fire and Ambulance Protection Services District so as to provide fire protection for the Village of Wittenberg. The Village is obligated by ownership to pay annual charges to the District for such protection. It is declared policy of the Village of Wittenberg that expenses associated with fire protection service be passed on to the property owners who receive the benefits of fire protection. A written schedule of fees for the cost of fire protection to properties has been established by the District.
(2)
FIRE PROTECTION CHARGES TO PROPERTY OWNERS AND OCCUPANTS. The full costs and expenses billed to the property owner by any fire department, due to a fire on any property in the Village of Wittenberg, shall be the responsibility of the property owner.
(3)
FIRE CHARGES FOR MOTOR VEHICLE AND EQUIPMENT FIRES. The costs and expenses for each fire run to a motor vehicle, truck or equipment accident within the Village shall be the responsibility of the person or persons served by the fire call and the owner of the motor vehicle, truck or equipment involved in the fire.
(4)
PAYMENT OF BILLS FOR FIRE CALLS: FIRE CALLS TO ALL RESIDENCES, COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS. The costs and expenses of all fire calls shall be billed by the District jointly to the property owner and/or occupant and paid to the District within 90 days of the date of billing. Bills remaining outstanding for more than 90 days shall become a lien against the real estate for which the fire protection was provided and shall be placed on the tax roll as a delinquent special charge pursuant to § 66.0627, Wis. Stats.
(Cr. Ord. #2018-04)
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty, as provided in sec. 25.04 of this Code.