Village of Saukville, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Saukville 12-17-1985 by Ord. No. 389 as Secs. 5.20 to 5.48 of the 1985 Code; amended by Ord. No. 398. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 19, Art. II.
Building construction — See Ch. 72.
Electrical standards — See Ch. 94.
Conduct at fires — See Ch. 103.
Nuisances — See Ch. 129.
Plumbing standards — See Ch. 147.
Property maintenance — See Ch. 151.
ATTACHMENTS
101a Agreement
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 within the Village limits.
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 regulations prescribed by the Interstate Commerce Commission, nor as applying to the military forces of the United States.
A. 
The following rules, orders and codes of the Wisconsin Administrative Code in current form and subsequently amended, and the National Fire Protection Association (NFPA) are hereby adopted by reference and made a part of this chapter:
Ch. IND 1
Safety
Ch. COMM 7
Explosive Materials
Ch. COMM 15
Cleaning and Dyeing
Ch. IND 8
Flammable and Combustible Liquids
Ch. COMM 11
Liquefied Petroleum Gases
Ch. IND 221
Spray Coating
Chs. COMM 50-64
Building and Heating, Ventilating and Air Conditioning
Ch. IND 65
Fire Prevention
Chs. IND 160-164
Existing Buildings
Vols. I-XVI Inclusive
National Fire Protection Association Codes
B. 
Whenever the provisions of the aforementioned codes conflict, the stricter interpretations shall apply.
C. 
Copies of each of such codes are on file in the office of the Chief of the Fire Department of the Village of Saukville, and shall remain so filed, and be, at all reasonable times, open to inspection by any interested persons.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section:
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 exclusively for residence purposes and having not more than two apartments, or as a boardinghouse 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, boardinghouse or rooming house serving more than five persons with meals or sleeping accommodations or both.
PERSONS
Includes person, persons, firm, corporation or copartnership.
PUBLIC BUILDING
A building in which persons congregate for civic, political, educational, religious, social or recreational purposes.
RESIDENCE BUILDING
Except when classed as an institutional building, a building in which sleeping accommodations are provided.
The limits referred to under the code hereby adopted, in which storage of explosives and blasting agents is prohibited, the limits referred to in § 74a of the code hereby adopted in which storage of Class I liquids in outside aboveground tanks is prohibited and the limits prohibited and the limits referred to under the code hereby adopted in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: The limits of areas referred to hereinabove shall include all land areas located within the municipality except those zoned RD (Rural Development) or I (Industry) and further that such uses meet any and all requirements of the Village Zoning Code[1] and other applicable regulations.
[1]
Editor's Note: See Ch. 205, Zoning.
The routes for vehicles transporting explosives and blasting agents are hereby established as follows: Within the municipality, I-43, State Truck Highways 33 and 57 and County Trunk Highway O shall be designated as motor vehicle routes for vehicles transporting explosives and blasting agents. Where it shall be necessary for such vehicles to pass over streets and areas other than those enumerated above, in order to reach a point of destination or transshipment point, the shortest, most direct route between designated routes for the point of destination shall be used.
The routes for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as follows: The routes established in § 101-7 above shall apply.
A. 
Any person who shall violate any of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Village Board or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, upon being found guilty thereof, be subject to a penalty as provided under § 1-19 of this Code.
B. 
The application of the above shall not be held to prevent the enforced removal of prohibited conditions.
A. 
The Chief of the Fire Department shall inspect, or cause to be inspected by the Fire Department officers or members, all buildings and premises, except the interiors 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 code 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.
B. 
The Chief of the Fire Department or an inspector thereof, upon the complaint of any person, or whenever he or they shall deem it necessary, shall inspect any buildings and premises within their jurisdiction.
A. 
The Chief or Acting Chief of the Fire Department shall investigate the cause, origin and circumstances of every fire occurring in the Village by which property has been destroyed or substantially damaged. Such investigations shall begin immediately upon the occurrence of such a fire by the Fire Chief of the Fire Department and if it appears that such fire is of suspicious origin, the Chief of the Fire Department shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case.
B. 
The Village Attorney and the Police Department, upon the request of the Chief of the Fire Department shall assist in the investigation of any fire which, in the opinion of the Chief of the Fire Department, is of suspicious origin.
The Chief of the Fire Department shall keep a record of all fires and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance, and if so, in what amount. Such record shall be made daily from the reports made by the Fire Department officers and inspectors. All such records shall be public.
A report of the Fire Department activities shall be made annually and transmitted in writing to the Public Safety Committee. It shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein. The Chief of the Fire Department shall also recommend any amendments to the code which, in his judgment, shall be desirable.
The Chief of the Fire Department shall have the power to recommend modifications of any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee or his authorized agent to the Public Safety Committee when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code 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 furnished the applicant.
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 the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Public Safety Committee within three days from the date of the decision of the Chief. In the event of such appeal, the Committee shall set a time and place for hearing thereof and give to the appellant at least 10 days' notice thereof by mail or personally. Decision must be made within 20 days of receipt of appeals. Except for modifications permitted by § 101-14 or where alternatives are specifically permitted by this chapter, the provisions of this chapter shall be strictly adhered to and the Public Safety Committee shall not grant variances therefrom.
[Amended 3-20-2007 by Ord. No. 665]
A. 
Intent. The intent of this section is to ensure adequate water supply for fire-fighting purposes to existing or new structures, buildings, tank farms, lumberyards, commercial or industrial complexes located on private property at extended distances from Village water hydrants.
B. 
Where required. The owner of any tank farm, lumberyard, commercial or industrial complex, and any structure or building now existing or hereafter erected or structurally altered to increase the floor area by 50% or more, shall provide at the owner's expense an approved water hydrant when such facility or structure is set back 250 feet or more from any street or highway or is located more than 300 feet from a Village water hydrant. Required hydrants shall be freestanding and shall be located not more than 50 feet from nor closer than 25 feet to the facility or structure. One hydrant shall be located not more than 50 feet from nor closer than 25 feet to the main entrance to such facility or structure. Additional hydrants shall be provided around the perimeter of the facility or structure so that no water hydrant is more than 300 feet from any other approved hydrant by normal access routes. All water hydrants shall be located within 10 feet of an all-weather road and shall be accessible at all times to the Fire Department by removing snow, vegetation or other physical encumbrances that would preclude safe and expeditious access. Provisions such as surfacing and grading shall be provided to ensure positive drainage away from the hydrant and structures during flushing. The water line serving the hydrant shall be of at least six-inch diameter.
C. 
Fire equipment on private property. The Fire Department, through its authorized representative, must approve all water hydrants, standpipes and sprinkler systems for commercial, industrial or institutional buildings or properties. A permit must be issued before such equipment may be installed. Hydrants to be used on such properties shall be of the type approved by the Saukville Water Utility Department and shall be consistent with the type universally used in the Village of Saukville. The hydrant must open to the right with a Saukville standard operating nut. Hydrants are to be placed with six feet of earth cover and sufficient drainage bedding to allow the hydrant to drain dry. Hose connection for Class 1 standpipes and Fire Department connection for sprinkler and standpipe connection shall be 2 1/2 inches in diameter and shall have national standard couplings. Connection points shall be between three feet and four feet above the finished property grade. All sprinkler and standpipe connections and hydrants shall be painted red.
D. 
Number of hydrants. An owner shall install the number of hydrants recommended by federal, state or local code. An owner may elect to install additional hydrants, but the owner will be assessed an annual maintenance fee pursuant to § 101-16F for each additional hydrant above the number recommended by federal, state or local code.
E. 
Maintenance of hydrants. Owners of hydrants on private property shall enter into a written agreement with the Saukville Water Utility Department for the ongoing maintenance and repair of all hydrants to ensure their reliability and serviceability. Maintenance is to consist of an annual inspection, including operation of the valve, flushing, painting and repairs for wear consistent with normal use.[1]
[1]
Editor's Note: A sample water hydrant maintenance agreement is included at the end of this chapter.
F. 
Fees for annual hydrant maintenance. The fee for annual maintenance of additional hydrants shall be set by resolution of the Village Board to cover basic labor, materials and administrative costs. The fee shall be reviewed annually by the Village of Saukville Utility Committee, and if the Committee determines that the fee should be adjusted, it shall make such recommendation to the Village Board. Repairs for damage to any hydrant due to negligence, intentional acts or accidents such as vehicular collisions or snow plow damage shall be paid to the Saukville Water Utility Department on a time-and-materials basis. In the event a property owner fails to pay the annual maintenance or repair fees by September 15, the Village Treasurer shall enter the amount due on the tax rolls and collect the fees as a special charge against the property pursuant to § 66.0627, Wis. Stats.
G. 
Access to hydrants. Owners of hydrants entering into agreement with the Village of Saukville Water Utility Department for hydrant maintenance shall convey free and open access to the hydrant(s) for the purpose of inspection, maintenance and repairs. The Water Utility will make every attempt in advance to reasonably notify the hydrant(s) owner of its intention to enter the owner's property for the purposes described herein, unless access is considered an emergency and there is imminent danger to property or life. Should access conflict or interfere with the owner's use of the property, the Water Utility will coordinate a time agreeable to both parties.
[Amended by Ord. No. 481A; 10-19-1999 by Ord. No. 543; 11-16-1999 by Ord. No. 545; 8-17-2004 by Ord. No. 616; 6-21-2005 by Ord. No. 631]
A. 
Open burning prohibited. No person, firm or corporation shall build, light, create or permit any open fire within the corporate limits of the Village of Saukville, except as set forth in Subsection B below.
B. 
Exceptions.
(1) 
The following may be permissible:
(a) 
The use of electric, charcoal, wood or gas portable or permanent cooking grills designed and sized for normal residential use, provided that no grills or devices used for outdoor cooking will be allowed to be used or stored above the first story of any building, including on a balcony, raised porch or platform.
(b) 
Fires set by the Village's Fire Department for practice and instruction of fire fighters or for testing fire-fighting equipment.
(c) 
Controlled burns of natural areas for environmental management purposes, provided that the property owner has written approval for the burn from the Wisconsin Department of Natural Resources.
(d) 
Ceremonial campfires and bonfires with a prior written permit from the Fire Chief, and subject to the following:
[1] 
Ceremonial bonfires may be permitted by the Fire Chief upon receipt by the Fire Chief of a written request for the fire. Requests for permission shall contain the date, time and site of the proposed fire as well as the name of the requesting group or organization and shall be submitted to the Fire Chief at least three days prior to the date desired for the holding of the fire. The allowable quantity of material to be burned shall be determined by the Fire Chief and shall be based upon the firesafety considerations of the situation and the desired duration of the burn. Material for bonfires shall consist of dry wood only.
[2] 
Bonfires shall be constantly attended and supervised by a competent person at least 18 years of age until such fire is extinguished. This person shall have readily available for use fire extinguishing equipment deemed necessary by the Fire Chief.
[3] 
The size of a bonfire shall not exceed three feet by three feet, and the bonfire shall be at least 50 feet away from any structure, wood or lumber pile, wooden fence, trees or bushes or other combustibles, and provisions shall be made to prevent the fire from spreading nearer than 25 feet to such items. The Fire Chief may increase the size restrictions upon written request to him for such increase.
(e) 
Recreational campfires in a covered or approved container or device located at least 10 feet from all combustibles, buildings, decks and lot lines with prior written permit from the Fire Chief, and subject to the following:
[1] 
There shall be a garden hose connected to a water supply or other fire-extinguishing equipment readily available for use.
[2] 
Fuel for recreational campfires shall consist of dry wood only and may not include rubbish, garbage, trash, any yard waste, any materials made of or coated with rubber, plastic, leather or petroleum-based materials and may not contain any flammable or combustible liquids.
[3] 
The maximum height of the flames shall be 18 inches above the top of the container in which the fire is being burned.
[4] 
At no time shall the smoke or heat created by such burning be an annoyance or discomfort to the neighborhood or the traveling public, and the fire shall be ordered extinguished upon any complaint to the Fire Department or Police Department.
(f) 
The Fire Chief may also permit cooking grills or fire pits or appliances which do not comply with the specific requirements set forth upon individual application, provided that adequate safeguards are maintained.
C. 
Permits.
(1) 
Granting. Whenever a permit is granted by the Fire Chief under the provisions of this section, the permit shall be granted only after an on-site inspection, consideration of any hazards that could affect adjacent property, and observance of any safety restrictions that the Fire Chief may require. A permit fee shall be paid to the Village of Saukville in an amount as set by the Village Board.
(a) 
Unless issued for a single-event fire, any permit issued shall be for an indefinite period and is not transferable.
(b) 
Permits shall be at all times kept on the premises designated therein and shall at all times be subject to inspection by any officer of the Fire or Police Department.
(2) 
Violations. If the Fire Chief is notified that any permit holder has in any way violated any of the provisions of this section, a written warning or a citation may be issued under provisions of § 101-9. Notification to the Fire Chief may be based on either his personal knowledge or upon information and belief based on an official police report of complaint/violation.
(3) 
Revocation. If the Fire Chief determines that the permit holder has violated any provisions of this section and that a written warning or citation was issued, the Fire Chief may revoke the permit by giving written notice to the permit holder. The duration of the period of permit revocation shall be at the discretion of the Fire Chief.
(4) 
Appeal. Whenever the Fire Chief revokes a permit under Subsection C(3) above, the permit holder may appeal the revocation to the Village of Saukville Public Safety Committee. Written notice of appeal must be made within three days of the day of receipt of the notice of revocation pursuant to the provisions of § 101-15.
D. 
Authority of Fire Chief. The Fire Chief may prohibit any or all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous, except on written permit from the Fire Chief, which permit shall designate the time and place for such burning. Notice of designation of a fire danger emergency period shall be made by publication of an appropriate order, once in the official newspaper, to be effective forthwith.
E. 
Burning on streets. No materials may be burned upon any street, curb, gutter, sidewalk, or parking lot.
F. 
Liability. Persons utilizing and maintaining outdoor fires shall be responsible for any liability resulting from damages caused by such fires.
A. 
Lights and devices. No person shall take an open flame or light into any building, barn, vessel, boat or any other place where highly flammable, combustible or explosive material is kept, unless such light or flame shall be well secured in a glass globe, wire mesh cage or similar approved device.
B. 
Place of assembly. No open flame, candles or other open flame fixture, whether equipped with a guard or not, shall be used in any place of assembly, except within duly constituted church or lodge buildings. Such open flame candles or other flame fixtures, whether equipped with a guard or not, shall not be used in auditoriums of church or lodge buildings except when such candles or fixtures are actually held by persons seated, standing or in procession in such auditorium. Such candles or fixtures need not be held by persons if:
(1) 
They are securely supported on noncombustible bases;
(2) 
The flame is at least seven feet above the floor;
(3) 
They are so located as to avoid danger of ignition of combustible material;
(4) 
They are under constant observation and supervision by a responsible person designated for each aisle;
(5) 
They are kept lighted only when necessary during the ceremony or ritual; and
(6) 
They are extinguished before occupants leave the auditorium.
C. 
Stages. Open flame devices may be used on stages or church altars where a necessary part of the theatrical or religious performance requires it, provided that adequate precautions, satisfactory to the Chief of the Fire Department, are taken to prevent ignition of any combustible materials.
D. 
Restaurants. Open flame devices used for the warming of food may be used in restaurants and dining areas, provided that such devices and their location are approved by the Chief of the Fire Department.
E. 
Exceptions. The use of other open flame light and devices not herein regulated may be permitted by the Chief of the Fire Department under such restrictions as, in his judgment, are necessary to avoid danger of ignition of combustible material or injury to persons.
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 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.
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.
A. 
Hot ashes and other dangerous materials. No person shall deposit hot ashes or cinders, smoldering coals or greasy or oily substances liable to spontaneous ignition into any wooden receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground outside the building, shall be placed on noncombustible stands and in every case must be kept at least two feet away from any combustible wall or partition.
B. 
Accumulations of waste materials. Accumulations of waste paper, hay, grass, straw, weeds, litter or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or in any courtyard, vacant lot or open space. All weeds, grass, vines or other growth, when same endangers property, or is liable to be fired, shall be cut down and removed by the owner or occupant of the property it is on.
C. 
Handling readily combustible materials. No person making, using, storing or having in charge or under his control any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible waste materials shall fail or neglect at the close of each day to cause all such materials which are not compactly baled and stacked in an orderly manner to be removed from the building or stored in suitable vaults or in metal or metal lined, covered receptacles or bins.
D. 
Storage of readily combustible materials. Storage in buildings shall be orderly, shall not be within two feet of the ceiling and not so located as to endanger exit from the building. Storage in the open shall not be more than 20 feet in height, shall be so located, with respect to adjacent buildings, as not to constitute a hazard and shall be compact and orderly.
E. 
Flammable decorative materials in stores. Cotton batting, straw, dry vines, leaves, trees or other highly flammable materials shall not be used for decorative purposes in show windows or other parts of stores unless flameproofed; provided, however, that nothing in this subsection shall be held to prohibit the display of salable goods permitted and offered for sale. Electric light bulbs in stores shall not be decorated with paper or other combustible materials unless such materials shall first have been rendered flameproof.
No person shall deliver, place, receive, store on or underground in excess of 10 gallons any gasoline (or like product of petroleum which has a flash point of less than 100º F. when tested in the Tagliabue closed cup tester) upon any premises located in any district of the Village zoned as a Single-Family Residence District, Two-Family Residence District or Multiple Family Residence District.
A. 
Smoking defined. Smoking means and includes the carrying of lighted pipe, cigar, cigarette or tobacco in any form.
B. 
Chief to designate areas where smoking shall be prohibited. Where conditions are such as to make smoking a hazard in any areas of warehouses, stores, industrial plants, institutions, places of assembly and in open spaces where combustible materials are stored or handled, the Chief of the Fire Department is empowered to order the owner or occupant in writing to post "No Smoking" signs in each building, structure, room or place in which smoking shall be prohibited. The Chief of the Fire Department shall designate specific safe locations, if necessary in any building, structure or place in which smoking may be permitted.
C. 
"No Smoking" signs. "No Smoking" signs required in accordance with Subsection B shall read "by order of the Chief of the Saukville Fire Department."
D. 
Smoking and removal of "No Smoking" signs prohibited. No person shall remove any legally required "No Smoking" sign or smoke in any place where such signs are posted.
A. 
Orders to eliminate. Whenever any of the officers, members or inspectors of the Fire Department designated shall find in any building or upon any premises dangerous or hazardous conditions as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified in the order:
(1) 
Dangerous or unlawful amounts of combustible or explosive matter.
(2) 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive matter.
(3) 
Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly flammable 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 of egress of occupants in case of fire.
(6) 
Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other 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 fire hazard or a threat to life and safety.
B. 
Service of orders.
(1) 
The service of such orders as mentioned in Subsection A may be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of same personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of premises such 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.
(2) 
If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of this code shall apply to the occupant thereof, except where the rules or orders require the making of additions to or changes in the premises themselves, such as would immediately become real estate and be the property of the owner of the premises; 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.
[Amended by Ord. No. 408]
A. 
Multifamily dwellings. Multifamily dwellings of 12 units or less shall conform to the State Fire Code provisions.
(1) 
General provisions.
(a) 
Approved heat and smoke detectors shall be installed in each apartment unit of 13 units or larger multifamily dwellings. Delineator panels shall be installed at the main entrance of each multifamily dwelling and each apartment. Alarms shall be individually shown on the central delineator panel, in addition to zones for the basement, stairways, hallways and attic areas.
(b) 
Multifamily dwellings of 12 or less units shall conform to State Fire Code provisions for fire warning systems.
(2) 
Approval. All fire-detection devices shall be approved for the purpose for which they are intended and shall be installed in conformity with NFPA Standard Number 72E. Three complete sets of information regarding the fire detectors, including specifications and floor plans showing the location of the detectors, shall be submitted for approval of the Fire Department prior to installation of the detectors. Before requesting the final approval of the installation, the installing contractor shall furnish a written statement to the Chief of the Fire Department to the effect that the detectors have been installed in accordance with approved plans and tested in accordance with the manufacturer's specifications. Upon completion of the installation, a satisfactory test of the fire detectors shall be made in the presence of a representative of the Fire Department.
(3) 
Installation. All equipment shall be installed in a workmanlike manner and in accordance with the manufacturer's instructions. Detectors shall be supported, in all cases, independently of their attachment to the circuit conductors. Detectors shall not be recessed in any way into the mounting surface, unless they have been tested and listed for such recessed mounting. In the case of solid joist construction, detectors shall be mounted at the bottom of the joists.
(4) 
Power supply. An AC primary source of electric power shall be utilized. A separate circuit shall be provided for the system, and the circuit breaker shall be colored red. The requirements for power-limited fire-protective signaling circuits as defined in Article 760 of the National Electrical Code, NFPA Standard No. 70, shall be met, except where they conflict with the Electrical Code of the Village. In those cases, the Village Electrical Code shall be followed. Wire used shall be of the solid conductor, nonstranded type. The system shall be electrically supervised against both short and open wiring faults in the detection circuit, the alarm circuit and the alarm and trouble relay coils. A short or open wiring fault occurring in these circuits shall cause an audible and visual trouble indication at the control panel.
(5) 
Functioning. The system shall function as follows when any detector operates:
(a) 
The main and remote alarm devices, including the public alarm system, will sound.
(b) 
The proper zone and fire indication will appear on the annunciator panel.
(6) 
Heat detectors. The location and spacing of heat detectors shall be in accordance with the recommendations contained in NFPA Standard No. 72E. Detectors of the fixed-temperature or rate-compensated spot pattern type shall be classified as to the temperature of operation and marked with the appropriate color code. Detectors having fixed temperature or rate elements shall be selected in accordance with Paragraph 3-3.1 of Standard No. 72E for the maximum ceiling temperature that can be expected.
(7) 
Smoke detectors. Smoke detectors shall be located on the ceiling not less than six inches from a sidewall. Spacing of detectors shall result from an evaluation based upon engineering judgment, supplemented, if feasible, by field tests. Ceiling shape and surfaces, ceiling heights, configuration of contents, burning characteristics of stored combustibles and ventilation are some of the parameters that shall be considered. Spacing shall also be in accordance with Paragraph 4-4 of Standard No. 72E. The selection and installation of detectors shall take into consideration both the design characteristics of the detector and the areas into which the detectors will be installed so as to prevent false operation or nonoperation after installation. Detectors shall be capable of detecting gray smoke having a minimum smoke obscuration of 4% per foot (optical density of 0.0177 per foot).
(8) 
Alarm-sounding devices. Each detection device shall cause the operation of an alarm which shall be clearly audible over background noise levels. The tests of audibility level shall be conducted with all household equipment, which may be in operation at night, in full operation. Examples of such equipment are window air conditioners and room humidifiers. All alarm-sounding devices shall have a minimum rating of 85 dBA at 10 feet.
(9) 
Maintenance and testing. Each automatic detector shall be continuously maintained in reliable operating condition at all times, and such periodic inspections and tests shall be made as are necessary to assure proper maintenance as specified in Ch. 7 of Standard No. 72E. Detectors shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and have general charge of all alterations and additions. After installation, a visual inspection of all detectors shall be made to be sure that they are properly located and each detector shall be checked to ensure that it is connected and powered in accordance with the manufacturer's recommendations. Specifics for initial installation tests, periodic tests, cleaning and maintenance and tests following an alarm, as contained in Ch. 7 of Standard No. 72E, shall be followed.
B. 
One- or two-family dwellings.
(1) 
General provisions. Every one- or two-family dwelling unit erected, constructed or reconstructed after October 6, 1987, shall be subject to the following requirements.
[Amended 4-17-2001 by Ord. No. 565]
(2) 
Equipment performance. Each smoke detector shall be capable of detecting abnormal quantities of smoke that may occur in a dwelling and shall properly operate in the normal environmental conditions of a household. Smoke detectors shall be capable of detecting gray smoke having a minimum smoke obscuration of 4% per foot (optical density of 0.0177 per foot). The failure of any nonreliable or short-life component which renders the detector inoperative shall be readily apparent to the occupant of the dwelling without the need for testing.
(3) 
Alarm-sounding devices. Each detection device shall cause the operation of an alarm which shall be clearly audible in all bedrooms over background noise levels with all household equipment, which may be in operation at night, in full operation. Examples of such equipment are window air conditioners and room humidifiers. All alarm sounding devices shall have a minimum rating of 85 dBA at 10 feet.
(4) 
Level of protection. A basic smoke detector shall be installed to protect each separate sleeping area and at the head of each stairway leading to an occupied area.
(5) 
Detector locations. Smoke detectors in rooms with ceiling slopes greater than one foot rise per eight feet horizontally shall be located at the high side of the room. A smoke detector installed at the head of stairs shall be so located as to assure that smoke rising in the stairwell cannot be prevented from reaching the detector by an intervening door or obstruction. A smoke detector installed to protect a sleeping area shall be located outside of the bedrooms, but in the immediate vicinity of the sleeping area. Detectors shall be located on the ceiling.
(6) 
Power supply. An AC primary source of electrical power shall be utilized. The requirement of Art. 760 of the National Electrical Code, NFPA Standard No. 70, shall be met, except where they conflict with the Electrical Code of the Village. In those cases, the Village Electrical Code shall be followed. A separate circuit shall be utilized, and the circuit breaker shall be colored red. Wire used shall be of the solid conductor, nonstranded type. Neither loss nor restoration of primary power shall cause an alarm signal. A visible "power on" indicator shall be provided.
(7) 
Installation. All equipment shall be installed in a workmanlike manner and in accordance with the manufacturer's instructions. All devices shall be so located and mounted that accidental operation will not be caused by jarring or vibration. Installed equipment shall be mounted so as to be supported independently of its attachment to wires. Upon completion of the system, the installer, in the presence of the householder, shall test each device for proper operation. He shall then instruct the owner on the operation and maintenance of the system. The supplier or installing contractor shall provide the owner with instruction charts describing the operation, testing and proper maintenance of the smoke detectors and also printed information for establishing a household emergency evacuation plan. In addition, printed information shall be provided to inform the owner where he may obtain repair or replacement service and where and how parts requiring regular replacement may be obtained within two weeks.
C. 
Commercial and industrial buildings.
(1) 
Exceptions. The State Fire Code shall be followed with regard to fire warning system installation with the exception of motels, hotels, nursing homes, hospitals, schools, theaters and senior citizen centers. For the above-enumerated building uses, annunciator panels, heat detectors and smoke detectors shall be required.
(2) 
Equipment performance. Each smoke detector shall be capable of detecting abnormal quantities of smoke that may occur in a dwelling and shall properly operate in the normal environmental conditions of a household. Smoke detectors shall be capable of detecting gray smoke having a minimum smoke obscuration of 4% per foot (optical density of 0.0177 per foot). The failure to any nonreliable or short-life component which renders the detector inoperative shall be readily apparent to the occupant of the dwelling without the need for testing.
(3) 
Alarm-sounding devices. Each detection device shall cause the operation of an alarm which shall be clearly audible in all bedrooms over background noise levels with all household equipment, which may be in operation at night, in full operation. Examples of such equipment are window air conditioners and room humidifiers. All alarm sounding devices shall have a minimum rating of 85 dBA at 10 feet.
[Amended 4-17-2001 by Ord. No. 565]
(4) 
Level of protection. A basic smoke detector shall be installed to protect each separate sleeping area and at the head of each stairway leading to an occupied area.
(5) 
Detector locations. Smoke detectors in rooms with ceiling slopes greater than one foot rise per eight feet horizontally shall be located at the high side of the room. A smoke detector installed at the head of stairs shall be so located as to assure that smoke rising in the stairwell cannot be prevented from reaching the detector by an intervening door or obstruction. A smoke detector installed to protect a sleeping area shall be located outside of the bedrooms, but in the immediate vicinity of the sleeping area. Detectors shall be located on the ceiling.
(6) 
Power supply. An AC primary source of electrical power shall be utilized. The requirement of Art. 760 of the National Electrical Code, NFPA Standard No. 70, shall be met, except where they conflict with the Electrical Code of the Village. In those cases, the Village Electrical Code shall be followed. A separate circuit shall be utilized, and the circuit breaker shall be colored red. Wire used shall be of the solid conductor, nonstranded type. Neither loss nor restoration of primary power shall cause an alarm signal. A visible "power on" indicator shall be provided.
(7) 
Installation. All equipment shall be installed in a workmanlike manner and in accordance with the manufacturer's instructions. All devices shall be so located and mounted that accidental operation will not be caused by jarring or vibration. Installed equipment shall be mounted so as to be supported independently of its attachment to wires. Upon completion of the system, the installer in the presence of the householder shall test every device for proper operation. He shall then instruct the owner on the operation and maintenance of the system. The supplier or installing contractor shall provide the owner with instruction charts describing the operation, testing and proper maintenance of the smoke emergency evacuation plan. In addition, printed information shall be provided to inform the owner where he may obtain repair or replacement service and where and how many parts requiring regular replacement may be obtained within two weeks.
A. 
Fire extinguishing equipment.
(1) 
The Chief of the Fire Department is hereby empowered to designate the number, type and location of fire extinguishers as may be deemed necessary in addition to those now required by law in all existing buildings and structures and in all buildings and structures hereafter erected.
(2) 
In buildings where first aid standpipes are not required, standard fire extinguishers shall be provided on each floor, including the basement; type, size, location and number of which shall be approved by the Fire Department.
(3) 
Fire extinguishers shall be conspicuously located where they will always be readily accessible and so distributed as to be immediately available in the event of fire. They shall be hung on hangers or set in brackets so that the top of the extinguisher is no more than five feet above the floor.
(4) 
Fire extinguishers must be recharged and maintained according to the instructions of the manufacturer.
(5) 
Fire extinguishers shall require a hydrostatic test as follows:
(a) 
Foam type: every five years.
(b) 
Soda and acid type: every five years.
(c) 
Carbon dioxide type: every 12 years.
(d) 
Dry chemical type: every 10 years.
B. 
Automatic sprinklers.
(1) 
In buildings to which the State Building Code is applicable, the provisions on automatic sprinklers in the Wisconsin Administrative Code shall be complied with; in buildings to which the Wisconsin Department of Commerce general orders on existing buildings are applicable, the provisions on automatic sprinklers shall be complied with.
(2) 
An effective system of automatic sprinklers shall be installed to protect a building which is used as a place of abode as defined in Section COMM 57.001, Wis. Adm. Code, where the total habitable floor area exceeds 8,500 square feet.
C. 
Standpipes.
(1) 
In buildings to which the State Building Code is applicable, the provisions on standpipes in Sections COMM 160.09, 160.26 and 163.07, Wis. Adm. Code, shall be complied with.
(2) 
Standpipes shall be of the wet type, except in cases where danger of freezing makes wet standpipes impractical.
D. 
Maintenance of equipment. Sprinkler systems, standpipe systems, fire alarm systems and other fire-protective or extinguishing systems or appliances which have been installed in compliance with permit or order or because of any law or ordinance shall be maintained in operative condition at all times. No owner or occupant shall reduce the effectiveness of the required protection system, except this shall not prohibit the owner or occupant from temporarily reducing or discontinuing the protection where necessary to make tests, repairs, alteration or additions. The Fire Chief shall be notified before repairs, alterations or additions are commenced. A written record or log book shall be kept showing the date of the test, who tested it and the conditions found to exist, and the record shall be made available to the Fire Inspector upon request.
E. 
Approval and notification. All plans showing fire protection features of new buildings designed for occupancy for educational, industrial or mercantile purposes, places of assembly, multifamily dwellings, rooming houses and mobile home parks shall be submitted to the Fire Chief for review and approval in accordance with this chapter before any construction work is commenced that might affect such fire protection features. The Chief shall examine plans promptly and notify the Building Inspector of his approval or rejection of the plans and shall give his suggestions for changes in case the plans as submitted are not acceptable. The Fire Chief shall notify the building owner or tenant in any case where he finds that sprinkler or standpipe installations or the plans therefor in proposed buildings are inadequate and not in accordance with State Building Code requirements or the requirements of this chapter with information as to the action to be taken.
Every person will be charged for the labor and replacement or cost of any extinguishing agent, chemical, neutralizer or material used in the extinguishment, confinement, neutralizing or cleanup of any flammable or combustible liquid, gas, solid or any hazardous material or chemical involved in any fire or accidental spill.
A. 
The Fire Prevention Code shall be enforced by the Chief of the Fire Department and such subordinates in the Department as the Chief shall designate or by the Chief of Police or any police officer of the Department. The Municipal Center, Plumbing and Electrical Inspectors and Health Officer shall cooperate with the Fire Department in enforcing this code and may be delegated such duties as the Fire Chief or the designated subordinates of the Fire Department may assign.
B. 
This code 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 municipality be held as assuming any such liability by reason of the inspection or reinspection authorized herein or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.
[Added 4-5-2006 by Ord. No. 647]
A. 
Structures required to have a rapid entry key lock box. The following structures or properties located within the Village of Saukville shall be equipped with a rapid entry key lock box at an accessible location near the main entrance of the structure or property or at such other location approved by the Fire Chief:
(1) 
All commercial and industrial buildings.
(2) 
All buildings which have fire sprinkler systems and/or alarm systems.
(3) 
All public and institutional buildings.
(4) 
All multifamily residential dwellings that have restricted access through locked doors and have common corridors for access to the living units or mechanical rooms.
(5) 
Any building where the Fire Chief determines that lack of access may result in loss of life or extensive property or environmental damage, based on factors including, but not limited to, fire load, occupant load, exposures, building construction, age of building, and storage or use of hazardous materials.
(6) 
Condominium complexes, where the Fire Chief determines that lack of access may result in loss of life or extensive property damage, based on factors including, but not limited to, occupant load and building construction.
(7) 
All properties having security gates or devices which limit access to the building or property.
B. 
Exemptions. The following structures and properties are exempt from the rapid entry key lock box requirement:
(1) 
All single- and two-family dwellings.
(2) 
All structures or properties listed in Subsection A hereof that are in existence and occupied on the effective date of this section, subject to the provisions of Subsection C(2) hereof.
(3) 
Any structure or property where the Fire Chief determines, on a case-by-case basis, that a rapid entry key lock box is not necessary, provided that the owner and tenant, if any, of the structure or property executes and delivers to the Fire Department a waiver of liability (on a form to be provided by the Fire Department) for any damage caused by the Fire Department upon entering the structure or property during an emergency.
C. 
Installation.
(1) 
All newly constructed structures subject to this section shall have the rapid entry key lock box installed and operational prior to the issuance of an occupancy permit.
(2) 
Any structure or property exempt pursuant to Subsection B(2) hereof that is subsequently structurally altered or modified in any way, or that is sold or leased to a new tenant, shall have a rapid key entry lock box installed and operational prior to issuance of a certificate of compliance or occupancy certificate for the property, or prior to the closing of the sale or commencement of the lease for the structure or property if no certificate of compliance or occupancy certificate is issued for the structure or property.
D. 
Type of key lock box. The Fire Chief shall designate the type of rapid entry key lock box system to be implemented within the Village and shall have the authority to require all structures or properties listed in Subsection A hereof to use the designated system.
E. 
Rules and regulations. The Fire Chief shall be authorized to promulgate rules and regulation for the use of the rapid entry key lock box system.
F. 
Contents. The rapid entry key lock box shall contain the following:
(1) 
All the keys for locked points of ingress or egress whether on the interior or exterior of such building or property.
(2) 
The keys to all fire alarm panels.
(3) 
The keys to elevator rooms and controls.
(4) 
The keys to all locked electrical or mechanical equipment rooms.
(5) 
Any other keys or information as required by the Fire Department.
G. 
Security padlocks. When a property is protected by a locked fence or access gate and where immediate access to the property is necessary for life-saving or fire-fighting purposes, the Fire Chief may require a security padlock to be installed at a location approved by the Fire Chief. The padlock shall be of the type approved by the Fire Chief and keyed to the Fire Department access key.
H. 
Owner's responsibility. Building and property owners are required:
(1) 
To purchase and install an approved rapid entry key lock box device by contacting the Fire Department to obtain the necessary authorization forms.
(2) 
To provide the proper keys to the Fire Department for the required access.
(3) 
To notify the Fire Department when the locks or keys have been changed.
(4) 
To keep the immediate area of the rapid entry key lock box free and clear of any and all obstructions.