[HISTORY: Adopted by the Town Board of the Town of Fulton 8-9-2001
(Ch. 18 of the 1996 Code). Amendments noted where applicable.]
The following orders, rules, and regulations of the Department of Commerce,
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:
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Ch. Comm 7, Explosive Materials
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Ch. Comm 10, Flammable and Combustible Liquids
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Ch. Comm 14, Fire Prevention
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Ch. Comm 16, Electrical
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Ch. Comm 28, Smoke Detectors
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Ch. Comm 40, Gas Systems
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Chs. Comm 61 to 65, Commercial Building Code
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Ch. Comm 70, Historic Buildings
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The NFPA 1 Fire Prevention Code published by the National Fire Protection
Association is incorporated herein by reference and adopted as part of this
chapter.
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.
A.
Any future amendment, revision, or modification of the
sections of the Wisconsin Administrative Code or National Fire Code incorporated
herein by reference is intended to be made a part of this chapter and is automatically
adopted by reference herein upon its effective date.
B.
In the case of a conflict between any provisions of this
Fire Code, the Wisconsin Administrative Code or the National Fire Code, the
code containing the strictest provisions shall apply. A copy of the applicable
codes shall be kept at all times and available for inspection during reasonable
hours in the offices of the Town Clerk/Treasurer and the Edgerton Fire Protection
District Fire Chief.
A.
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 the Fire Chief in this chapter shall include his/her
duly authorized representative.
B.
When the Fire Chief determines that there may be a violation
of any provision of this chapter or a situation which affects the health or
safety of the general public or the occupants of a building, the Fire Chief
shall proceed to take necessary action as provided for in this chapter.
A.
Inspection of premises and the issuing of orders in connection
therewith, under the provisions of this Fire Code, 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. No
orders for correction of any violation under this Fire Code shall be issued
without the approval of the Fire Chief.
B.
When the Fire Chief determines that there are reasonable
grounds to believe that a violation of this Fire Code 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 the Fire Code. 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 or endanger life from
fire or any violations of the provisions or intent of this Fire Code.
A.
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
Fire Code, he/she may deem necessary to be made.
B.
The Fire Chief may obtain a search/inspection warrant
under §§ 968.10, 968.11 and 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.
C.
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.
In enforcing this Fire Code, the Fire Chief or his/her authorized representative
may do so by order to vacate the building, order to correct violation, citation
procedure, forfeiture action, injunctive relief, or any combination of those
remedies.
A.
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 is so threatened.
B.
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.
C.
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.
D.
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:
(1)
A description of the premises sufficient for identification.
(2)
Specification of the condition requiring immediate vacation
and the section of the Fire Code under which emergency order was issued.
(3)
Date of issuance of the order to vacate.
(4)
Date of withdrawal of the order to vacate.
(5)
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.
E.
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:
(1)
A description of the premises sufficient for identification.
(2)
An order that the building, structure, or premises be
vacated and remain vacated until such order to vacate is withdrawn.
(3)
Specification of the condition requiring immediate vacation
and the section of the Fire Code under which such emergency order is being
issued.
(4)
The date the oral order to vacate was given.
(5)
A statement of the penalty for defacing or removal of
the copy of that order.
(6)
The signature of the Fire Chief and a statement that
the order was issued from the Fire Department.
(7)
The date of posting of the written order.
F.
A copy of any written order shall be posted on the premises
and shall be served on the owner.
G.
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.
H.
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 Town, unless
directly caused by the Town'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.
I.
The Fire Chief shall furnish a copy of all orders to
vacate and notices of withdrawal thereof to any other official of the Town
concerned therewith.
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 Town 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 Clerk/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.
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:
A.
Dangerous to unlawful amounts of combustible or explosive
or otherwise hazardous materials.
B.
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive or otherwise
hazardous materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly combustible materials.
D.
Accumulations of dust or waste material in 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.
E.
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.
F.
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 condition,
or from any other cause, creates a hazardous condition.
A.
The service of written orders for the correction of violations
of this Fire Code shall be made upon the owner, occupant or other person responsible
for the conditions, either by delivering a copy of the 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.
B.
If buildings or other premises are owned by one person
and occupied by another, the orders issued in connection with the enforcing
of this Fire Code 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 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.
C.
Receipt of such orders by the owner or occupant is sufficient
notice to effect compliance with the order.
A.
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 Town 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 the Fire Code;
(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 the Fire Code, or in violation
of a plan or specification under which an approval, permit or certificate
was issued; or
B.
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 Fire Code shall be in violation of this Fire Code and every day or
fraction thereof during which such person fails or neglects to comply with
such order shall constitute a separate offense.
