[HISTORY: Adopted by the Town Board of the
Town of Vernon 8-17-2017 by Ord.
No. 2017-03[1] (Ch. 12 of the Town Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 27.
Building construction — See Ch. 125.
Heating devices — See Ch. 174.
Nuisances — See Ch. 230.
[1]
Editor's Note: This ordinance also repealed former Ch. 160,
adopted 5-2-1996 by Ord. No. 60 (Ch. 12 of the Town Code), as amended
A.
It is the purpose of this chapter to provide the Town of Vernon with
rules and regulations to improve public safety by promoting the control
of fire hazards and life safety; regulating the installation, use
and maintenance of equipment; regulating the use of structures, premises
and open areas; providing for the abatement of fire hazards; establishing
the responsibilities and procedures for code enforcement; and setting
forth the minimum standards for compliance and achievement of these
objectives.
B.
It is also the purpose of this chapter to safeguard, to a reasonable
degree, the life and property of the citizens of the Town of Vernon
from the hazards of fire and explosion arising from the storage, handling
and use of hazardous substances, materials and devices and from conditions
hazardous to life or property in the use or occupancy of buildings
or premises within the Town of Vernon. Standards of the American Insurance
Association or the National Fire Protection Association or other approved
nationally recognized safety standards shall be deemed to be evidence
of compliance with this intent.
A.
General. The provisions of this chapter shall apply to all public
and private buildings and places of employment.
(1)
The provisions of this chapter shall apply equally to public and
private property; they shall apply to all structures, whether existing
or new, and they shall apply to the owner of the property as well
as the occupant.
(2)
The provisions of this chapter shall apply equally to new and existing
conditions, except that existing conditions not in strict compliance
with the terms of this chapter shall be permitted to continue where
the exceptions do not constitute a distinct hazard to life or adjoining
property or have been superseded by this chapter.
B.
Exempt building structures. The following buildings and uses are
not public buildings or places of employment and are not subject to
the provisions of this chapter:
(1)
One- and two-family dwellings and outbuildings in connection with
the dwellings, including but not limited to barns and private garages.
(2)
Buildings used exclusively for farming as described in § 102.04(3),
Wis. Stats.
(3)
Temporary buildings used exclusively for construction purposes, not
exceeding one story in height, and not used as living quarters.
C.
Exceptions. Nothing contained in this section shall be construed
as applying to the transportation of any article or thing shipped
in conformity with the regulations prescribed by the Department of
Transportation nor as applying to the military forces of the United
States.
All inspectable occupancies shall adhere to the following:
A.
If more than 50% of the interior area of the building is remodeled
and/or added to, the entire building shall be brought into compliance
with the requirements of this chapter.
B.
If less than 50% of the gross interior area of a building is remodeled,
added to, or both, that part of the building which is remodeled, added
to, or both, shall be brought into conformance with this chapter.
C.
If the use of any existing building is changed and becomes more hazardous
as determined by the Chief Fire Inspector, the building shall be brought
into compliance with this chapter.
A.
Whenever necessary to make an inspection to enforce any of the provisions
of this chapter, or whenever the Chief Fire Inspector has reasonable
cause to believe that there exists in any building or upon any premises
any condition which makes such building or premises unsafe, the Chief
Fire Inspector may enter such building or premises at all reasonable
times to inspect the same or to perform any duty imposed upon him/her
by the Fire Chief or by this chapter.
B.
If the owner or occupant denies entry, the Chief Fire Inspector shall
obtain a proper inspection warrant or other remedy provided by law
to secure entry. No owner or occupant or any other persons having
charge, care, or control of any building or premises shall fail or
neglect, after proper request is made as provided, to promptly permit
entry therein by the Fire Chief or his authorized representative for
the purpose of inspection and examination pursuant to this chapter.
A.
This chapter shall be enforced by the Fire Chief of the Town of Vernon
Fire Department.
B.
The Fire Prevention Bureau, within the Town of Vernon Fire Department,
is to operate under the supervision of the Fire Chief and to assist
the Fire Chief in the enforcement of this chapter.
C.
The Chief Fire Inspector shall be responsible for the day-to-day
operation of the Fire Prevention Bureau.
D.
Whenever an inspection by the Town of Vernon Fire Prevention Bureau
reveals a fire hazard, the Fire Prevention Bureau may serve a notice,
in writing, upon the owner or occupant of the property giving said
owner or occupant two weeks or less in which to remove said hazard.
E.
In the event that said fire hazard has not been corrected or removed
within the prescribed time frame, a certified letter will be sent
to the owner/occupant giving him/her additional time to respond if
deemed necessary.
F.
In the event that said fire hazard has not been corrected or removed
within the extended time frame, it shall be deemed a nuisance and
the Fire Prevention Bureau shall have the Town Attorney issue a citation
to gain compliance.
G.
All fees will be charged to the violator.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning indicated in this
section. Other terms used in this chapter shall be as defined in Ch.
ILHR 51, Wis. Adm. Code A, and are adopted herein by reference.
An automated system for the purpose of alerting occupants
and emergency personal. Types of fire alarms transmitted to the Fire
Department include:
ACCIDENTAL FALSE ALARMAn alarm set off and transmitted through accidental operation of an automatic or manual fire alarm device; frequent causes are low air pressure on automatic sprinkler dry valves, excessive heat from industrial process or the sun, cold weather, and smoke detector sensitivity adjustment.
FALSE ALARMAn alarm for which no fire actually exists. Examples include: burnt food, system activated by steam from a shower, and improper maintenance of system and components.
MALICIOUS FALSE ALARMAny person, firm or corporation who or which shall negligently or willfully cause an alarm of fire to be transmitted to the Fire Department dispatcher, as opposed to an accidental false alarm. Malicious false alarms may be the result of maintenance, removal of component parts from the alarm system, intentionally setting off a system or calling in a false alarm.
Approval by the Chief of the Fire Department or Chief Fire
Inspector of the Fire Prevention Bureau, in accordance with the provisions
of this chapter, as applied to a material, device or mode of construction.
An agency accepted or acceptable to the Fire Prevention Bureau.
Refers to the total square footage of the sums of all basements,
floor levels, balconies and mezzanines.
The area for basements and floor levels shall be measured from
the outside perimeter of the outside walls.
The area for mezzanines shall be determined from the product
of the length times the width.
For the purpose of determining square footage, fire division
walls will not be accepted as outside walls or area dividers.
Buildings that are in close proximity to each other will have
their building square footage added together to arrive at the total
square footage. For the purpose of determining proximity the following
will hold true:
All buildings or parts of buildings, other than theaters,
which will accommodate more than 100 persons for entertainment, recreation,
worship or dining purposes. The following table, per § ILHR
55.06, Wis. Adm. Code, includes various types of occupancies within
the scope of this definition, together with the method for determining
the capacity. No greater number of persons than the number thus established
shall be permitted in any theater or assembly hall.
|
Use of Occupancy
|
Basis for Capacity
(square feet per person)
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|---|---|
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Arenas and field houses
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4
|
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Assembly halls with stage
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7
|
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Banquet halls
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10
|
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Churches (auditoriums)
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7
|
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Churches (dining rooms)
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10
|
|
Dance halls
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10
|
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Dining rooms
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10
|
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Gymnasiums
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6 for seated space; 15 for unseated space
|
|
Lecture halls
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7
|
|
Lodge halls
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6 for seated space; 15 for unseated space
|
|
Skating rinks
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45
|
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Theaters
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7
|
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Theater lobbies
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7
|
The occupancy or use of a building or structure or any portion
thereof by a gathering of 100 persons or more.
Wisconsin Department of Agriculture, Trade, and Consumer
Protection.
The Fire Chief, Fire Inspector or designee of the Fire Chief
to enforce this chapter and the laws of the State of Wisconsin pertaining
to the prevention of fires and public safety and approving equipment,
installation, or procedure as outlined in NFPA standards.
One which functions without human intervention and is actuated
as a result of predetermined temperature rise, rate of rise of temperature,
combustion products or smoke density.
A system which automatically detects a fire condition and
actuates a fire alarm signal device.
A device designed to detect specific products of fire: smoke,
heat, or both.
The occupancy or use of a building or structure or any portion
thereof for the transaction of business or the rendering or receiving
of professional services, including offices.
The upper surface of a space, regardless of height. Areas
with a suspended ceiling would have two ceilings, one visible from
the floor and one above the suspended ceiling.
The head of the Town of Vernon Fire Department, Fire Prevention
Bureau.
All materials not classified as "noncombustible" are considered
combustible. This property of a material does not relate to its ability
to structurally perform under fire exposure. The degree of combustibility
is not defined by standard fire test procedures.
With reference to Ch. ILHR 57, Wis. Adm. Code, Occupancies,
refers to any area in the building that can be accessed by more than
one person from different families at one time.
Any place which receives at any one time, for compensation,
four or more persons for care and supervision, for less than 24 hours
a day, for more than 10 days a month, without the attendance of a
parent, relative or legal guardian.
Any building or portion thereof designed or used as the living
and/or sleeping place of one or more persons, and including:
SINGLE-FAMILY DWELLINGA detached building designed for only one family and containing only one dwelling unit.
TWO-FAMILY DWELLINGA detached building containing not more than two individual dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or common basement.
Any structure containing one or more rooms providing sleeping
and sanitary facilities, but not including a hotel, hospital, nursing
home, dormitory, or fraternity or sorority house.
One or more rooms, which may include a kitchen or kitchenette,
sleeping areas, dining areas, and sanitary facilities, designed as
a unit for occupancy by not more than one family.
The occupancy or use of a building or structure or any portion
thereof by persons assembled for the purpose of learning or of receiving
educational instruction.
Two or more individuals who are related to each other by
blood, marriage, adoption or legal guardianship. For purposes of this
chapter, a group of not more than four persons not necessarily related
by blood or marriage, living together in a single living unit, will
be considered equivalent to a single family.
The head of the Town of Vernon Fire Department or a duly
authorized deputy.
The Fire Department shall be the Town of Vernon Fire Department.
Any legally established public thoroughfare or all-weather
hard surface area 20 feet or more in width, whether designated or
not by name or number, such as avenue, boulevard, circle, court, drive,
lane, place, road or way. The street must extend at least 50% of the
length of the side of the building and must be accessible to fire-fighting
equipment.
The Fire Prevention Bureau is made up of the following personnel:
the Chief of the Town of Vernon Fire Department, the Chief Fire Inspector
and the Fire Inspectors and/or any designee of the Fire Chief.
That type of construction in which the structural members,
including walls, partitions, columns, floor and roof construction,
are of noncombustible materials with fire-resistant ratings not less
than those specified in § ILHR 51.03, Wis. Adm. Code.
A system of piping connected to an adequate water supply
and provided with approved automatic fire sprinklers or devices so
arranged and located as to discharge water automatically to the seat
of the fire. Installation shall comply with National Fire Protection
Association No. 13, Standard for the Installation of Sprinkler Systems,
or other applicable NFPA code.
A wall which has a fire-resistance rating of not less than four
hours and which divides a building or separates buildings to restrict
the spread of fire. A three-foot parapet wall may be a required part
of a fire wall in accordance with § ILHR 51.02(13), Wis.
Adm. Code.
For the purpose of determining square footage, fire walls shall
not be considered as area dividers.
For the purpose of determining square footage as it relates
to the sprinkling of a building, fire walls shall not be considered
as area dividers.
That level where less than half the height between the floor
and ceiling is above the average level of the street, sidewalk or
finished grade.
That level of a building on a sloping or multilevel site
which has its floor line at or not more than three feet above exit
discharge grade for at least 1/2 of the required exit discharge.
Any building which, by reason of its construction or highly
combustible occupancy, involves a severe life hazard to its occupants,
as determined by the Town of Vernon Fire Prevention Bureau.
Any place where three or more unrelated adults reside in
which care, treatment or services above the level of room and board
but not including nursing care are provided to persons residing in
the facility as a primary function of the facility.
The occupancy or use of a building or structure or any portion
thereof for assembling, fabricating, finishing, manufacturing, packaging
or processing operations, except when classified as a high-hazard
occupancy.
The occupancy or use of a building or structure or any portion
thereof by persons harbored or detained to receive medical, charitable
or other care or treatment or by persons involuntarily detained.
The occupancy or use of a building or structure or any portion
thereof for the displaying, selling or buying of goods, wares or merchandise,
except when classified as a high-hazard occupancy.
Any intermediate floor level, whether accessed by a stairway
or not, opened or enclosed.
An apartment house or a building designed for occupancy by
three or more families living independently of each other and containing
three or more dwelling units, including but not limited to row houses,
garden or elevator apartments and rooming houses.
The National Fire Protection Association.
One which, in the form in which it is used, meets one of
the requirements listed below. Materials used adjacent to or in contact
with heat-producing appliances, warm air ducts, plenums and chimneys
shall be classified as noncombustible only on the basis of Subsection
A. "Noncombustible" does not apply to the flame-spread characteristics
of interior finish or trim materials. No material shall be classed
as noncombustible building construction material which is subject
to increase in combustibility or flame-spread classification (FSC)
beyond the limits herein established through the effects of age, moisture
or other atmospheric conditions. (See note on flame-spread rating
in the Wisconsin Administrative Code.)
Materials which pass the test procedure of ASTM E-136 for defined
noncombustibility of elementary materials when exposed to a furnace
temperature of 1,382° F. for a minimum period of five minutes
and do not cause a temperature rise of the surface or interior thermocouple
in excess of 54° F. above the furnace air temperature at the beginning
of the test and which do not flame after an exposure of 30 seconds.
Materials having a structural base of noncombustible material as defined in Subsection A, with a surfacing not more than 1/8 inch thick which has a flame-spread classification (FSC) not greater than 50 when tested in accordance with the method of test for surface burning characteristics of building materials (ASTM E-84).
Includes his duly authorized agent or attorney, a purchaser,
devisee, fiduciary or person having a vested or contingent interest
in the property in question.
Includes 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.
To remodel or alter, or both, means to change any building
or structure which affects the structural strength, fire hazard, internal
circulation, or exits of the existing building or structure. This
definition does not apply to maintenance, re-roofing, or alterations
to the heating and ventilating or electrical systems.
Multifamily, commercial, industrial, governmental and institutional
buildings: buildings with combustible roofs shall have all roof spaces
subdivided every 3,000 square feet by a one-hour-rated partition unless
protected by an approved sprinkler system. All openings must have
a minimum of a one-hour-rated self-closing door.
A place of abode arranged to accommodate three or more attached,
side-by-side or back-to-back living units.
A horizontally measured dimension relating to the allowable
coverage of fire detectors.
Wisconsin Department of Safety and Professional Services.
The occupancy or use of a building or structure, or any portion
thereof, for the storage of goods, wares, merchandise, raw materials,
or agricultural or manufactured products, including parking garages,
or the commercial sheltering of livestock and other animals, except
when classified as a high-hazard occupancy.
The space in a building between the surface of any floor
and the floor next above or below, or roof next above, or any space
not defined as basement, ground floor, mezzanine, balcony, penthouse
or attic.
All buildings or parts thereof containing an assembly hall
having a stage which may be equipped with curtains or movable scenery,
or which is otherwise adaptable to the showing of plays, operas, motion
pictures or similar forms of entertainment.
Any self-propelled device fueled by a flammable or combustible
liquid or compressed gas used to transport people or goods.
A.
The following are adopted by reference and incorporated into this
chapter as if fully set forth herein. Any violation of the incorporated
provisions constitutes a violation of this chapter.
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SPS 307
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Explosives and Fireworks
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ATCP 93
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Flammable and Combustible Liquids
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SPS 314
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Fire Prevention
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SPS 316
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Electrical
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SPS 318
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Elevators, Escalators and Lift Devices
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SPS 328
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Smoke Detectors and Carbon Monoxide Detectors
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SPS 332
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Public Employee Safety and Health
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SPS 340
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Gas Systems
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SPS 361-366
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Commercial Building Code
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B.
The most recent update to the State Building Codes will be automatically
adopted by this chapter.
C.
Copies of all codes that are adopted by reference are on file at
the Town of Vernon Fire Department for viewing upon request by appointment.
A.
The following most current editions of the National Fire Prevention
Association (NFPA) standards are hereby adopted by reference and made
part of this chapter with the same force and effect as though set
forth herein in full. Any violation of the incorporated provisions
constitutes a violation of this chapter.
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NFPA 11
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Foam Extinguishing Systems, Low Expansion and Combined Agent
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NFPA 11A
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Foam Systems, Medium and High Expansion
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NFPA 12
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Carbon Dioxide Extinguishing Systems
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NFPA 12A
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Halon 1301 Fire Extinguishing Systems
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NFPA 12B
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Halon 1211 Fire Extinguishing Systems
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NFPA 13
NFPA 15
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Standards for the Installation of Sprinkler Systems
Water Spray Fixed Systems
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NFPA 17
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Dry Chemical Extinguishing Systems
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NFPA 17A
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Wet Chemical Extinguishing Systems
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NFPA 26
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Water Supplies, Valves Controlling
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NFPA 30A
|
Automotive and Marine Service Station Code
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NFPA 33
|
Spray Application Using Flammable and Combustible Materials
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NFPA 34
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Dipping and Coating Processes Using Flammable Materials
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NFPA 43A
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Oxidizing Materials, Liquid and Solid Storage
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NFPA 43C
|
Oxidizing Materials, Gaseous, Storage of
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NFPA 50
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Oxygen Systems, Bulk, at Consumer Sites
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NFPA 50A
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Hydrogen Systems, Gaseous, at Consumer Sites
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NFPA 50B
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Liquified Hydrogen Systems, at Consumer Sites
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NFPA 51B
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Cutting and Welding Processes or Combustible Liquids
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NFPA 69
NFPA 72
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Explosion Prevention System
National Fire Alarm and Signaling Code
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NFPA 80
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Fire Doors and Windows
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NFPA 92A
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Smoke Control Systems to Four Stories in Height
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NFPA 96
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Cooking Equipment, Vapor Removal
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NFPA 105
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Smoke-Control Door Assemblies
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NFPA 204M
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Smoke and Heat Venting
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NFPA 654
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Chemical, Dye, Pharmaceutical and Plastic Industries Prevention
of Fire and Dust Explosion
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NFPA 1123
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Fireworks, Public Display of
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NFPA 1124
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Fireworks, Manufacture, Transportation
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NFPA 1231
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Water Supplies, Suburban and Rural Fire Fighting
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NFPA 1961
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Fire Hose
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NFPA 1962
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Fire Hose, Care, Use and Service Testing
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NFPA 1963
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Fire Hose Connections, Storage of
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NFPA 25
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Inspections, Testing, and Maintenance of Water-Based Fire Protection
Systems
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NFPA 231C
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Rack Storage of Materials
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NFPA 231D
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Rubber Tires, Storage of
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NFPA 231F
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Roll Paper Storage
|
B.
The most recent update to the NFPA Codes will be adopted upon recommendation
of the Fire Prevention Bureau.
C.
Any fire prevention problem not herein addressed by this chapter
or adopted standards will be addressed on the basis of current accepted
NFPA national standards.
A.
The Fire Chief shall inspect or cause to be inspected by the Fire
Prevention Bureau all buildings and premises, except the interior
of private dwellings, as often as may be necessary 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 this
chapter and of any ordinance affecting the fire hazard.
B.
Upon complaint of any person, the Fire Prevention Bureau shall inspect
any buildings and premises within its jurisdiction.
This chapter shall not be construed 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
Town be held as assuming any such liability by reason of the inspection
or reinspection authority herein or the permit issued as herein provided
or by reason of the disapproval or approval of any equipment authorized
herein.
A.
Dangerous or hazardous conditions. Whenever any officer or inspector
of the Fire Department finds dangerous or hazardous conditions in
any building or upon any premises, he shall order such dangerous materials
or conditions to be removed or remedied in such a manner as may be
specified in the order. The following are examples of hazardous conditions:
(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 combustible materials.
(4)
Accumulations of dust or waste material 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)
Excessive amounts of gasoline.
B.
Service of orders.
(1)
The service of such orders may be made upon the owner, occupant or
other person responsible for the conditions, either by delivering
a copy of the same personally or by delivering the same to and leaving
it with any person in charge of the premises. Whenever it may be necessary
to serve such an order upon the owner of the premises, such an order
may be served either by delivering to and leaving with the person
a copy of the order or, if such owner is absent from the jurisdiction
of the officer making the order, by mailing such copy to the owner's
last known post office address by certified mail and returned receipt.
(2)
If the building or other premises is owned by one person and occupied
by another under lease or otherwise, the order issued in connection
therewith, except where the rules or orders require the making of
additions to or changes in the premises itself, shall affect the occupant
and not the owner unless it is otherwise agreed between the owner
and occupant.
(3)
Period for correction. Conditions that are highly hazardous to the
life or safety of the occupants shall be corrected immediately. All
other violations and defects shall be corrected within 14 days or
such time as the Bureau shall allow.
A report of the Fire Prevention Bureau shall be made semiannually
and transmitted to the Fire Chief. The report shall contain all proceedings
under this chapter, with such statistics as the Fire Chief may wish
to include. The Fire Inspector shall also recommend amendments to
this chapter which, in his judgment, shall be desirable.
A.
The Chief of the Town of Vernon Fire Department shall have the power
to modify any of the provisions of this chapter upon application in
writing by the owner or occupier, or a duly authorized agent, when
there are practical difficulties in the way of carrying out the strict
letter of this chapter, provided that the spirit of this chapter shall
be observed, public safety secured, and substantial justice done.
B.
The particulars of such modifications, when granted or allowed, and
the decision of the officer in charge of the Fire Prevention Bureau
thereon shall be entered upon the records of the Department and a
signed copy shall be furnished to the applicant.
C.
The Fire Chief may require tests as proof of compliance with the
intent of this chapter, such tests to be made by an approved agency
at the expense of the person requesting approval of the alternate
material or method of construction.
D.
If technical expertise is unavailable within the Department because
of new technology, process, products, facilities, materials and uses
attending the design, operation or use of a building or premises subject
to the inspection of the Department, the Fire Chief may require the
owner or the person in possession or control of the building or premises
to provide, without charge to the Department, a technical opinion
and report. The opinion and report shall be prepared by a qualified
engineer, specialist, laboratory or fire safety organization acceptable
to the Fire Chief and the owner and shall analyze the fire safety
properties of the design, operation or use of the building or premises
and the facilities and appurtenances situated thereon and prescribe
the necessary recommended changes.
A.
Whenever
the Chief Fire Inspector shall disapprove an application or refuse
to grant a permit applied for, or when it is claimed that the provisions
of this chapter do not apply or that the true intent and meaning of
this chapter has been misconstrued or wrongly interpreted, the applicant
may appeal from the decision of the Chief Fire Inspector to the Chief
of the Fire Department.
B.
Such appeal shall be in writing and shall be filed with the Chief
of the Town of Vernon Fire Department within 30 days from the date
of the decision of the Chief Fire Inspector of the Fire Prevention
Bureau.
C.
The Chief of the Town of Vernon Fire Department may affirm, reverse
or modify the decision of the Chief Fire Inspector of the Fire Prevention
Bureau and shall make such orders as are necessary under the circumstances.
D.
All appeals shall be in the form of a written notice served on the
Fire Department in which the questioned decision is fully stated.
Such notice shall be immediately transmitted to the Fire Chief who
shall arrange for a hearing on the issue raised.
E.
Whenever the Fire Chief denies a request for an appeal, the applicant
may appeal to the Vernon Town Board. Such appeal shall be in writing
and shall be filed with the Town Clerk within 30 days from the date
of the decision of the Fire Chief. After due hearing on such appeal,
the Vernon Town Board may affirm, reverse or modify the decision of
the Fire Chief and shall make such orders as are necessary under the
circumstances.
Fees for permits, certificates, approvals and other functions
performed under this chapter shall be established by the Town Board
by resolution and shall be payable to the Town of Vernon at the Clerk's
office. Such fees shall accompany each application for such approval,
certificate, permit, or other function. Double fees will be charged
for starting work before fees have been paid or plans have been approved.
Any person who violates any of the provisions of this chapter
or who fails to comply with any order made hereunder or who builds
in violation of any detailed statement of specifications or plans
submitted and approved hereunder, or any certificate or permit herein
from which no such appeal has been taken, or who fails to comply with
such an order as affirmed or modified by a court of competent jurisdiction
within the time fixed herein, shall for each and every violation and
noncompliance be subject to the following:
A.
The Chief Fire Inspector may request from the Building Inspector
the revocation of any permit issued in accordance with this chapter
in any case where he finds that any of the conditions for issuance
have not been maintained or where there has been any false statement
or misrepresentation of any material fact in the application or plans
on which the issuance was based.
B.
The Chief Fire Inspector shall promptly notify the permit holder
of the request for revocation, and, if so requested by the permit
holder, the effective date of the revocation shall be deferred pending
a hearing before the Plan Commission of the Town of Vernon. The decision
of the Plan Commission for revocation, following the hearing, shall
be final.
The intent of this section is designed for the better fire protection
of life and property within the Town of Vernon. The Town of Vernon
concurs with the state-adopted code regulating automatic sprinkler
systems required for commercial or multifamily residential applicable
properties.
A.
Approval of plans and system types.
(1)
Prior to the installation of a sprinkler system, or the alteration
of an existing sprinkler system, plans shall be submitted to the Fire
Prevention Bureau for approval.
(2)
Three copies of the plans and specifications shall be submitted for
review; approved plans shall be stamped "Conditionally Approved by
the Fire Prevention Bureau," with the date of such approval and signature
of the officer granting approval. Two copies shall be returned to
the owner and one copy will be kept on file by the Fire Prevention
Bureau.
(3)
The Town of Vernon Fire Department's conditional approval of
sprinkler plans does not affirm the accuracy of any calculations performed
by the contractor. The accuracy of these calculations is the full
responsibility of the contractor.
(4)
No work may begin on installation of a sprinkler system or alteration
of a sprinkler system until it is approved by the Fire Prevention
Bureau.
B.
How installed.
(1)
Approved automatic fire sprinkler equipment shall be installed in
accordance with the current edition of Pamphlet No. 13, Standards
for the Installation of Sprinkler Systems, or other applicable standards
of the NFPA and the Town of Vernon Fire Department.
(2)
Compressors for the dry pipe systems are required to be wired directly
to building power.
(3)
All compressors of dry pipe systems will have low-limit air switches
and alarms.
C.
Maintenance of equipment.
(1)
Sprinkler systems and standpipe systems which have been installed
in compliance with a permit or order, or because of any law or ordinance,
shall be maintained in operative condition at all times.
(2)
It shall be unlawful for any owner or occupant to reduce the effectiveness
of the protection so required, except that this subsection shall not
prohibit the owner or occupant from temporarily reducing or discontinuing
the protection where necessary to make tests, repairs, alterations
or additions.
(3)
The Fire Chief shall be notified when the system has been shut down
for any reason and again when the system has been restored to service.
D.
Annual inspections. Every sprinkler system required by the Town Code
or by the administrative rules of the State of Wisconsin shall be
tested in accordance with the NFPA 25 and the results of the testing
shall be forwarded to the Fire Prevention Bureau on a yearly basis.
E.
Application to existing buildings.
(1)
Where the Fire Prevention Bureau finds that existing buildings are
used, in whole or in part, in such a way as to constitute a severe
fire hazard to their occupants or adjoining property, the Fire Prevention
Bureau may recommend to the Town of Vernon Plan Commission to require
compliance with the provisions of this section as they related to
new construction.
(2)
All existing public buildings or places of employment and all additions
shall conform to this section as follows:
(a)
More than 50% remodeled or added to. If more than 50% of the
area or square footage of a building is remodeled and/or added to,
the entire building shall comply with the requirements of this chapter.
When determining what constitutes 50% remodeled or added, add all
previous additions or areas remodeled together to arrive at the total
area that has been renovated. If this percentage is equal to or greater
than 50% of the gross area of the original building as determined
as of the effective date of this chapter, the entire building will
be required to be brought up to code.
(b)
Any building with an existing sprinkler system, when making
an addition, regardless of size or occupancy, will sprinkler the addition
in accordance with NFPA 13 or other applicable NFPA code.
(c)
If the use or occupancy of a building is changed and the hazard
and/or life safety becomes more severe, the entire building shall
be brought into compliance with the sprinkler code.
F.
Fire Department hose connections. Every automatic sprinkler system
installed in new or existing buildings shall be equipped with at least
one Fire Department hose connection at a location approved by the
Chief Fire Inspector. Audible alarm bells are required on the inside
and outside of all buildings that have sprinkler systems.
The intent of this section is to require automatic fire extinguishing
systems in vent hoods and duct systems for all commercial-type kitchens
to effectively extinguish fire at its source and reduce the property
damage and loss caused by kitchen fires.
A.
Installation requirements.
(1)
A dimensional drawing or sketch showing the hood and ducts and the
extinguishing system shall be prepared showing the size of the hood
and ducts, the area of the protected surface, the model, size and
number of package units, the size and length of piping, the number
and type of fittings and the number of nozzles and distance of nozzles
above the cooking surface.
(2)
Review of plans. All plans for automatic fire extinguishing equipment
shall be submitted for review prior to installation of the equipment.
Three sets of plans and specifications shall be submitted to the Department
for review. Two sets shall be returned to the installer and shall
be stamped "Conditionally Approved by the Chief Fire Inspector" with
the date of such approval, and the other set shall be retained by
the Chief Fire Inspector.
(3)
The system shall also be provided with an automatic fuel shutoff.
B.
Maintenance. All extinguishing systems shall be inspected annually
by a factory-authorized representative and a certificate of this inspection,
signed by the factory representative and the owner or occupier of
the establishment, shall be submitted to the Fire Prevention Bureau.
In any business occupancy where the exit travel is more than
two stories above or below the level of exit discharge and/or subject
to 50 or more occupants above or below the level of exit discharge,
or subject to 150 or more total occupants, a manual fire alarm system
shall be provided.
A.
Complete information regarding the installation of automatic fire
detection systems, including specifications and floor plans showing
the location of the fire detection components, shall be submitted
to the Town of Vernon Fire Department for approval prior to the installation
of the detectors.
B.
Review of plans. Three sets of plans and specifications shall be
submitted. Two sets will be stamped "Conditionally Approved by the
Chief Fire Inspector" with the date of such approval, and the other
set shall be retained by the Chief Fire Inspector.
C.
Before requesting final inspection and approval of the installation
by the Chief Fire Inspector, the installing contractor shall furnish
a written statement to the effect that the automatic fire detection
system has been installed in accordance with the manufacturer's
specifications.
D.
Upon completion of the installation, a satisfactory test of the smoke
and heat detector system in accordance with NFPA 72E shall be made
in the presence of a representative of the Chief Fire Inspector.
E.
The automatic fire detection systems shall be maintained and tested
in accordance with the manufacturer's specifications and recommendations
and the requirements of the State of Wisconsin.
F.
Every public building or place of employment containing either a
manual, sprinkler-activated, or fire-detector-activated alarm system
shall comply with the following: the Town of Vernon Fire Department
will be contacted immediately upon activation of an alarm by on-site
personnel or a monitoring agency so not to cause a delay in alarm.
G.
All systems shall be maintained in operable condition as specified
in the State Building Code, Chs. SPS 361-366, Wis. Adm. Code.
H.
Should the alarm system become inoperable for any reason, the Fire
Chief shall be notified and the provisions of Wis. Adm. Code shall
apply.
I.
Audible signal characteristics. The sound levels for signaling shall
be installed per NFPA 72.
J.
All residential (Ch. ILHR 57, Wis. Adm. Code) occupancies are required
to have a red strobe light connected to the sprinkler system and/or
alarm system for that building. Location shall be approved by the
Town of Vernon Fire Department.
K.
Where NFPA 13R sprinkler systems are approved for residential occupancies,
heat detectors are required in each attic space and in each garage
unit. The heat detectors are to be incorporated into the building
alarm system.
L.
False alarms. Any person, firm, or corporation having a fire, smoke,
or heat detector system shall be charged a fee by the town for a malicious
false alarm responded to by the Fire Department.
A.
State law adopted. The current and future statutory provisions of
§ 167.10, Wis. Stats., regulating the sale and use of fireworks,
exclusive of any provision therein relating to penalties and subject
to any modifications set forth in this section, are hereby adopted
by reference and made part of this Code as though fully set forth
herein. Any act required to be performed or prohibited by any current
or future statute incorporated herein by reference is required or
prohibited by this section. Any future additions, amendments, revisions
or modifications of § 167.10, Wis. Stats., incorporated
herein are intended to be made a part of this Code.
B.
Definition of "fireworks." "Fireworks" is hereby defined to include
all items included in § 167.10(1) (intro.), as well as all
items included in § 167.10(1)(f), (j), (k), (L), (m) and
(n) of the Wisconsin Statutes.
C.
Sale of fireworks. It is unlawful for any person to sell fireworks as defined in Subsection B of this section. [§ 167.10(1), Wis. Stat.]
D.
Possession and use of fireworks.
(1)
No person may possess or use fireworks as defined in this section
without a user's permit from the Town Chair [§ 167.10(3)(a),
Wis. Stat.] or from an official or employee of the Town of Vernon
designated by the Town Board.
(2)
Any permit issued by or sold by a fireworks vendor is not valid.
(3)
The Town Chair shall refer each application for a fireworks permit
to the Fire Chief of the Fire Department. The Fire Chief shall review
the permit, shall investigate the same, and shall make a recommendation
in writing to the Town Board to approve or disapprove the issuance
of a permit. The Town Chair may impose restrictions and set forth
requirements in the permit concerning the possession or use of fireworks
and pyrotechnic displays. Any violation of any restriction or requirement
shall be cause for revocation of the permit and shall constitute a
violation of this section. [§ 167.10(3)(a), Wis. Stat.]
(4)
Each permit must be applied for and approved by the Town Board 30
days before use.
(5)
A copy of the permit must be given to law enforcement officials in
the Town at least two days before the date of use. [§ 167.10(3)(g),
Wis. Stat.]
(6)
Each permit must specify the specific quantity and the kinds of fireworks
that are going to be used or possessed. [§ 167.10(3)(f)3,
Wis. Stat.]
(7)
Each permit must specify the location at which the fireworks may
be possessed or used. [§ 167.10(3)(f)4, Wis. Stat.]
(8)
The permit must specify the date of the permitted use. [§ 167.10(3)(f)4,
Wis. Stat.]
(9)
A permit may not be issued to a minor [§ 167.10(3)(h),
Wis. Stat.] under the age of 18 years old.
(10)
Residents and nonresidents must have a valid permit to possess
or use fireworks while in the Town of Vernon.
(11)
The Town Chair shall require the applicant for a permit to file
a certificate of insurance with the application issued by an insurance
company licensed to do business in the State of Wisconsin for at least
$1,000,000, which certificate of insurance will provide for the payment
of all claims that may arise by reason of the injury to persons or
property from the handling, use or discharge of fireworks under the
permit. The policy of insurance shall cover any claim made against
the Town of Vernon by any person injured by such fireworks display
and shall provide that the Town of Vernon or any person may bring
an action on such policy of insurance in the person's own name
who may be injured to recover damages that the person has sustained.
The policy of insurance shall be approved by the Town Attorney and
the Town Board before filing with the Town Clerk [§ 167.10(3)(e),
Wis. Stat.]
(12)
Failure to provide the information requested or the certificate
of insurance in the amount required shall be sufficient cause to deny
the permit.
(13)
Penalties.
(a)
A person who possesses or uses fireworks, as defined in this
section, without a valid permit, or who sells fireworks in the Town
of Vernon is subject to a forfeiture of up to $1,000 per violation.
[§ 167.10(9)(b), Wis. Stat.] Each firework illegally possessed,
used or sold maybe a separate violation.
(b)
A parent or guardian who allows a minor to possess or use fireworks
(not including those for which no permits are required) is subject
to a forfeiture of up to $1,000 per violation [§ 167.10(9)(c),
Wis. Stat.]
(c)
A town may obtain an injunction prohibiting a person from violating
§ 167.10(8)(a), Wis. Stats. Violations of such an injunction
are criminal misdemeanors, subject to up to nine months in jail and
a fine of $10,000. [§ 167.10(9)(a), Wis. Stat.]
(14)
Nothing herein contained shall prohibit the use or sale of blank
cartridges for circus or theatrical purposes, or signal purposes in
athletic contests or sports events, or use by the militia, police
or military organizations; nor the use or sale of colored flares or
torpedoes for railway, aircraft, or highway signal purposes.
E.
Enforcement. [§ 167.10(8)(a) and (b), Wis. Stat.]
(1)
A town may petition the Circuit Court for an order enjoining violations
of Sub. (2), (3) or (6) or an ordinance adopted under Sub. (5) of
§ 167.10, Wis. Stats.
(2)
Fireworks stored, handled, sold, possessed or used by a person who
violates this section, an ordinance adopted under Sub. (5) or a court
order under Par. (a) may be seized and held as evidence of the violation.
Except as provided in § 968.20(4), only the fireworks that
are the subject of a violation of this section, an ordinance adopted
under Sub. (5) or a court order under Par. (a) may be destroyed after
conviction for a violation. Except as provided in § 968.20(4),
Wis. Stats, fireworks that are seized as evidence of a violation for
which no conviction results shall be returned to the owner in the
same condition as they were when seized to the extent practicable.
For the purpose of this section, the following minimum standards
shall apply to the storage, handling, and display of live Christmas
trees and foliage:
A.
Trees and foliage shall be stacked not closer than 10 feet to any
gasoline pump or other device for the transfer of petroleum products.
B.
Aisles or clear spaces of not less than three feet shall be maintained
at all times.
C.
No Christmas trees or foliage shall contact any electrical lines
or wires.
D.
A fire extinguisher with a 2A-10BC rating or greater shall be provided
by the merchant for each 75 feet of travel in the display and/or storage
area.
E.
All storage and sales of Christmas trees and foliage shall be held
outside of all buildings.
F.
It shall be unlawful to light a match or any flame-producing device
or to smoke or carry a lighted cigar, cigarette, or pipe in areas
where Christmas trees or foliage is sold, displayed or stored. The
person in charge of the Christmas tree sales shall post "No Smoking"
signs in locations designed to give persons entering the area notice
of this regulation.
The following provisions will apply to assembly, educational
and institutional properties:
A.
Cotton batting, either natural, artificial, or manufactured, straw,
dry vines, leaves, trees, or other combustible materials shall not
be used for decorative purposes in show windows or other parts of
commercial, industrial, or institutional occupancies unless made flame-retardant;
provided, however, that nothing in this section shall be held to prohibit
the display of stable goods permitted and offered for sale.
B.
All drapes, hangings, curtains, drops, and all other decorative material
used in public buildings that would tend to increase the fire and
panic hazard shall be made from material which is not combustible
or shall be treated and maintained in a flame-retardant condition
by means of a flame-retardant solution or a process approved by the
Fire Inspector.
C.
Christmas trees. Artificial Christmas trees, except those within
individual living units, shall be flame-retardant or nonflammable.
Natural Christmas trees, except those within individual living units,
shall have the trunk sawed off at least one inch above the original
cut end and shall be cut immediately prior to being placed in a water-bearing
stand. The water level shall always be above the cut.
D.
Exit doors, exit lights, fire alarm sending stations, and fire extinguishing
equipment shall not be concealed or obstructed by any decorative material.
E.
Treatments used to accomplish flame retardation shall be renewed
as often as may be necessary to maintain the flame-retardation effect.
F.
The approved Class A-B-C flame-spread rating of the flame-retardant
material or process used as required in this section shall be in accordance
with interior finish requirements for that occupancy as stated in
the Wisconsin Administrative Code.
A.
No person shall smoke, carry a lighted cigar, cigarette or pipe,
or light a match or other flame-producing device in any retail mercantile
establishment, except in areas approved for such purposes by the Fire
Chief. It shall be the duty of the person in charge of such establishment
to enforce the regulations of this section.
B.
Smoking shall be prohibited in all rooms or parts of buildings which
contain flammable liquids in open containers or in which flammable
liquids are used in any manufacturing process or where the vapors
from flammable liquids are present or sold.
C.
A plainly printed notice or the provisions of this section shall
be posted in a conspicuous place in every occupancy. Such printed
notices shall also be posted in any place of public assembly where
smoking is permitted.
A.
Before welding or cutting operations have begun in areas not designed
or approved for that purpose, specific authorization shall be obtained
from the owner of the premises or his duly authorized agent.
B.
When welding or cutting operations are performed above or within
35 feet of construction or material exposed to the operation, or within
35 feet of floor, ceiling or wall openings so exposed:
(1)
Such construction or combustible material shall be protected by noncombustible
shields or covers from possible sparks, hot metal or oxide.
(2)
Such floor, ceiling or wall shall be protected by noncombustible
shields or covers.
(3)
One or more portable fire extinguishers of approved type and size
shall be kept at the location where welding or cutting is to be done.
C.
Welding or cutting shall not be done in or near rooms or locations
where flammable gases, liquids, or vapors, lint, dust, or loose combustible
stocks are present when sparks or hot metal from the welding operation
may cause ignition or explosion of such material.
D.
Except as provided, welding or cutting shall not be performed on
containers and equipment which contain or have contained flammable
liquids, gases, or solids until these containers and equipment have
been thoroughly cleaned or inerted or purged.
E.
Hot tapping may be permitted on tanks or pipelines by the owner-operator
thereof.
F.
When welding or cutting is being done close to automatic heads, damp
cloth guards may be used to shield the individual heads but shall
be removed when the work is completed.
All decorative materials in atriums shall be noncombustible
or shall be flame-retardant treated and be so maintained.
In any building with an elevator/elevators, at least one elevator
shall be a minimum size so as to accommodate a seventy-six-inch by
twenty-four-inch ambulance stretcher in a full reclining position.
Buildings with at-grade access at the second floor are exempt.
The requirements of this section shall apply to all buildings
or parts of buildings which accommodate public or private day-care
centers. Day-care centers will be required to be inspected not less
than twice per year by the Fire Prevention Bureau.
All dwellings and buildings within the Town of Vernon damaged
from fire shall be boarded up or secured, as shall be required by
the Fire Prevention Bureau, within 24 hours of the time of the fire.
The owner shall assume the liability for the protection of the public
until the property is secured.
It is unlawful to ignite or burn any type of barbecue grill
inside residential occupancies. They shall not be burned within 24
inches of any combustible material. They may not be used on any balcony
within five feet of any opening into a dwelling or apartment.
A.
No person shall burn, cause to be burned, or permit to be burned
any fire outside of a building with the following exceptions. Both
the person igniting such fire and the owner of the land upon which
such fire may occur shall be equally responsible for compliance with
the requirements of this section.
B.
All open burning shall comply with the following:
(1)
Before a property owner is authorized to set a fire on his/her property,
the property owner must have a signed burning permit on file with
the Town of Vernon Fire Department. Permit may be obtained from the
Town Hall, Vernon Fire Station 1, or on the Town of Vernon website.
Signed permit may be filed at Town Hall, Vernon Fire Station 1, faxed
to 262-662-3510 or emailed to clerk@townofvernon.org. The special
charge shall be established through a separate Town resolution and
shall be paid to the Town of Vernon in the Clerk's Office.
(2)
The size of the pile of material burned shall not exceed four feet by four feet by three feet, except as provided in Subsection B(4).
(3)
Any open pile of material burned shall be at least 50 feet from any
structure, wood or lumber pile or wooden fence, or other combustible
material, and provisions shall be made to prevent the fire from spreading
to within 50 feet of such items.
(4)
Burning shall be allowed in barrels or containers only if such barrels or containers are constructed and vented so as to prevent smoke from spreading beyond property lines that is offensive to neighboring property owners. Barrels and containers used for burning shall be kept at least 25 feet from any structure or material described in Subsection B(3) above.
(5)
Such burning and the disposal of ash residue shall not be permitted
on or within any improved street, drainage ditch, alley, parkway,
public place, or public right-of-way.
(6)
Fuel for burning shall consist of dry material only and shall not
be ignited with flammable or combustible liquid.
(7)
Material for burning shall not include rubbish, garbage, trash, any
material made of or coated with rubber, plastic, leather or petroleum-based
materials and may not contain any flammable liquids.
(8)
No burning shall be permitted between 1/2 hour after sunset and 7:00
a.m., and all fires shall be completely extinguished by 1/2 hour after
sunset. Burning shall be prohibited when the wind velocity exceeds
nine miles per hour or when drought conditions exist.
(9)
Burning shall be physically supervised by a competent person at least
18 years of age and personally attended by such person within sight
of such burning until such fire is completely extinguished. Necessary
extinguishing agents shall be readily available.
(10)
No fire shall be conducted or permitted which results in smoke
that is offensive to neighboring property owners or creates a nuisance
for others.
C.
Burning of stumps in place, wood for construction purposes, or clearing
of land shall be permitted only under the following conditions:
D.
The following are exempt from the provisions of this section:
(1)
Cooking fires and barbecue pits, grills and outdoor fireplaces.
(2)
Any fires inside of a structure, including but not limited to fireplaces
and incinerators.
(3)
Fires set for training or instruction of fire fighters or testing
of fire equipment.
(4)
Fire specifically approved in writing by the Fire Chief or his designee.
E.
The Town Chairperson and/or Fire Chief or his designee may suspend
all burning or attach additional restrictions to burning when deemed
necessary due to atmospheric or other conditions. The Fire Chief,
or his/her designee, is responsible for posting a suspension, or additional
restriction of burning both on the Town of Vernon website, and at
both Fire Departments.
F.
Any person who shall violate any provision of this section or any
regulation made hereunder shall be issued a citation with the forfeiture
stated at $50, plus court costs, for the first violation and $100,
plus court costs, for subsequent violations. In addition to such forfeitures
and costs, in the event a violation results in the response of the
Town of Vernon Fire Department, said violator shall be assessed an
additional charge of $200, said assessment to be paid to the Town
of Vernon.
A.
Definition. When used in this section, the words "flammable liquid"
shall include all volatile flammable liquids with flash points at
or below 100° F. under the requirements of the Standard Method
of Testing for Flash Point of Volatile Flammable Liquids and the American
Society for Testing Materials.
B.
No person shall keep or store or use, or permit the keeping, storing
or using, of gasoline within the Town in quantities larger than 10
gallons without first obtaining permission from the Fire Chief. Nothing
herein contained shall be construed as applying to gasoline contained
in the tanks of motor vehicles, vessels, boats or airplanes, when
such tanks are permanently connected with the motor engine which they
supply.
The following items shall not be stored in basements or storage
bins of apartments or other multifamily dwellings in the Town of Vernon:
A.
Charcoal, except in a metal container equipped with a metal cover.
B.
Oily rags or dust mops.
C.
Flammable liquids of any nature other than motor oils or similar
oils in metal quart containers.
D.
Bottle gases, propane, acetylene, oxygen or other substances of a
similar nature.
E.
Gasoline motors and gasoline-powered equipment such as outboard motors,
power lawn equipment, snow blowers, snowplows, motor bikes, motorcycles,
etc.
A.
Purpose. The purpose of this section is to promote the public safety
and welfare of the Town of Vernon and to facilitate the orderly use
of ponds maintained by the Town of Vernon for purposes of fire protection.
B.
Entry prohibited. No person may enter upon or into or otherwise use
any pond which is located on land owned by the Town of Vernon which
is maintained by the Town for the purpose of providing a supply of
water for fire protection purposes, unless entry or use is made by
authorized representatives of the Town or the Town of Vernon Fire
Department for fire protection purposes. Entry is prohibited for any
other purpose, including but not limited to swimming, wading, fishing,
boating, skiing and skating.
C.
Posting of signs. Signs prohibiting entry and use shall be posted
in a conspicuous place near or adjacent to the pond.
