The Cedarburg Fire Department, as long as it has contracted
with the Town of Cedarburg to perform the duty of fighting fires and
the prevention of fires in the Town of Cedarburg, is designated as
the official Fire Department of the Town. As such, it is authorized
to enforce all fire prevention ordinances of the Town of Cedarburg
and state laws and regulations pertaining to fire prevention and shall
keep the Town Board of the Town of Cedarburg informed on fire prevention
methods and on the activities of the Department as they pertain to
fire fighting and prevention of fires in the Town of Cedarburg. The
Chief shall report to the Town Administrator regarding day-to-day
administrative functions of the Cedarburg Fire Department on matters
concerning the Town.
A report of the Fire Department shall be made annually and transmitted
to the Town Board. The Chief of the Fire Department shall also recommend
any amendments to the Fire Prevention Code which, in their judgment,
shall be desirable.
It is the intent of this chapter to prescribe regulations consistent
with recognized standard practice for the safeguarding to a responsible
degree of life and property 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 and property
in the use or occupancy of buildings or premises.
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.
Nothing contained in this chapter shall be construed as applying
to the transportation of any article or thing shipped in conformity
with the regulations prescribed by the Interstate Commerce Commission,
nor as applying to the military forces of the United States.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning indicated in this
chapter:
APPROVED
Listed or approved by Underwriters' Laboratories, Inc.,
Factory Mutual Research Corp., the National Bureau of Standards, the
American Gas Association Laboratories or other nationally recognized
testing authorities and accepted by the Chief of the Fire Department
as a result of his investigation and experience.
AUTOMATIC FIRE WARNING SYSTEM
A supervised system which automatically detects a fire condition,
actuates a fire alarm signal device and indicates the location from
which the signal originates.
DWELLING
A building occupied primarily for residence purposes and
having not more than two apartments, or as a boarding or rooming house
serving not more than five persons with meals or sleeping accommodations
or both.
ICC CONTAINER
Any container approved by the Interstate Commerce Commission
for shipping any liquid, gaseous or solid material of a flammable,
toxic or other hazardous nature.
INSTITUTIONAL BUILDING
A building in which persons are harbored to receive medical,
charitable or other care or treatment, or in which persons are held
or detained by reason of public or civic duty, or for correctional
purposes.
MULTIFAMILY DWELLING
A building or portion thereof containing three or more dwelling
units, occupied as the home or residence of individuals, families
or households living independently of each other, including tenement
house, apartment house, flat, townhouse, row house, condominium, dormitory,
and boarding or rooming house serving more than five persons with
meals or sleeping accommodations or both.
PERSON
Includes a person, persons, firm, limited liability company,
corporation, partnership, association, or any entity of any kind which
is capable of being sued.
PUBLIC BUILDING
A building in which persons congregate for civic, political,
education, religious, social or recreational purposes.
RESIDENCE BUILDING
Except when classed as an institutional building, a building
in which sleeping accommodations are provided.
The Chief of the Fire Department, or any subordinate designated
by the Chief, may, at all reasonable hours, enter any building or
premises within his jurisdiction for the purpose of making any inspection
or investigation which, under the provisions of this chapter, they
may deem necessary to be made. Private dwellings and buildings used
for agricultural purposes shall not be entered without the consent
or permission of an adult occupant.
It shall be the duty of the Chief of the Fire Department or
their designee to inspect or cause to be inspected by the Fire Department
all buildings and premises, except the interiors of private dwellings
and buildings used for agricultural purposes, 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 other ordinance affecting the fire hazard
and to ensure compliance in all places of assembly with all laws,
regulations and orders dealing with overcrowding, use of decorative
materials, maintenance of exitways, and maintenance of fire alarm
and fire detecting systems and fire extinguishing systems and appliances.
The Chief of the Fire Department or their designee, upon the complaint
of any person or whenever they shall deem it necessary, shall inspect
any buildings and premises within their jurisdiction. The Fire Chief
or their designee shall keep a record of all inspections with all
facts concerning the same.
The Chief of the Fire Department shall have power to modify
any of the provisions of the Fire Prevention Code upon application
in writing by the owner or lessee, or his 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. The
particulars of such modification, when granted or allowed, and the
decision of the Chief of the Fire Department thereon shall be entered
upon the records of the Fire Department and a signed copy shall be
furnished to the applicant and the Town Administrator of the Town
Cedarburg.
Whenever the Chief of the Fire Department 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 have been misconstrued or
wrongly interpreted, the applicant may appeal from the decision of
the Chief of the Fire Department to the Town Board within 10 days
from the date of the decision of the Chief. In the event of such appeal,
the Town Board shall set a time and place for hearing thereof and
give to the appellant at least 10 days' notice thereof by mail
or personally.
Appropriate smoke detectors, carbon monoxide detectors or automatic
fire detection systems shall be installed and maintained in operable
condition in all occupancies and locations within the Town of Cedarburg
as set forth in this article. These requirements are in addition to
the minimum standards of the adopted Wisconsin State Building Codes
and NFPA standards for their proper installation and use.
A. Residential occupancies.
(1) Smoke detectors shall be UL listed for residential applications and
be installed in accordance with NFPA 72. Installation practices shall
conform to all local and State of Wisconsin codes and to the National
Electrical Code.
(a)
All new and existing one- and two-family dwelling units shall
have smoke detectors installed per SPS 321.09 and in accordance with
the manufacturer's recommendations and specifications.
(b)
In new multi-family residential construction, smoke detectors
shall be AC powered from a non-switched circuit, or from a battery
operated source continually charged from an non- switched AC circuit.
A non-switched circuit is one which has no intervening switches between
the circuit breaker panel or fuse box and the smoke detector.
(c)
Prior to a certificate of compliance being issued by the office
of the Building Inspector, an inspection must be completed of the
installation of a smoke detector in accordance with this section.
The Building Inspector or his designee shall assist the Fire Department
in obtaining compliance in all one- and two-family dwellings.
B. Other buildings.
(1) NFPA Standards compliance. For all occupancies other than residential
dwelling units, the term "Fire Alarm System" shall mean a protective
signaling system installed in accordance with NFPA 72.
(2) Requirements for annunciator panels. In all new and existing buildings
over 10,000 square feet or having more than one story, the fire alarm
system shall be separated into zones with a minimum of one zone for
each floor, the attic, the basement and a separate zone for all pull
stations. New alarm systems, or updates to alarm systems, may also
utilize a fully addressable system in lieu of zones.
(3) Central station monitoring service compliance. A central monitoring
service shall comply with NFPA 72. The central monitoring service
is subject to prior approval by the Fire Department.
(4) Agency listings. All equipment shall bear the UL marking or other
recognized listing and testing agency and shall be clearly marked
on the equipment. All detectors shall be listed for commercial applications.
(5) Exception for buildings with sprinklers. Any building in this classification
(except hotels, motels, and bed and breakfast inns) which have a sprinkler
system installed throughout in accordance with NFPA 13 shall be exempt
from the requirements for a fire alarm system unless required by State
of Wisconsin Commercial Building Code SPS 361-366. In partially sprinklered
buildings, any area not protected in accordance with NFPA 13, 13R
or 13D shall have a fire alarm system installed in accordance with
this article.
C. Maintenance and testing.
(1) Installation Inspection. An acceptance test conforming to NFPA 72
shall be performed before acceptance of the fire alarm system by the
Fire Department. Arrangements shall be made with the Fire Department
with at least 48 hours' advance notice given.
(2) Periodic testing. Periodic testing of the fire alarm system and detectors
is required with the frequency, procedures, and test methods specified
in NFPA 72. Monthly tests are required for the fire alarm control
panel.
(3) On-site record of testing. The owner of each building which requires
a fire alarm system shall post a record of periodic testing showing
the date and person performing the test. This record shall be located
at the fire alarm panel or other location approved by the Fire Department.
(4) Corrective maintenance requirements. No fire alarm system may be
allowed to remain in a non-functioning condition. Non-functioning
panels, circuits, devices, or trouble conditions indicated by the
supervisory monitoring function of the fire alarm control panel shall
be corrected immediately.
No heating or lighting apparatus or equipment capable of igniting
flammable materials of the type stored or handled shall be used in
the storage area of any warehouse storing rags, excelsior, hair or
other highly flammable or combustible material, nor in the work area
of any shop or factory used for the manufacture, repair or renovating
of mattresses or bedding, nor in the work areas of any establishment
used for the upholstering of furniture.
All chimneys, smokestacks or similar devices for conveying smoke
or hot gases to the outer air and the stoves, furnaces, fire boxes
or boilers to which they are connected shall be constructed and maintained
in such a manner as not to create a fire hazard. Patio heaters and
similar devices shall not be used under any overhang of a structure.
Any person using a torch or other flame producing device for
removing paint from any building or structure shall provide one approved
fire extinguisher or water hose connected to the water supply on the
premises where such burning is done. In all cases, the person doing
the burning shall remain on the premises one hour after the torch
or flame producing device has been used.
This Fire Prevention Code shall be enforced by the Chief of
the Cedarburg Fire Department and such subordinates in the Department
as the Chief shall designate. The Town Building, Plumbing and Electrical
Inspectors and Health Officer shall cooperate with the Fire Department
in enforcing this chapter.