Chapter 8.17
FIRE PREVENTION AND EMERGENCY MEDICAL SERVICE Revised 10/23
Sections:
8.17.010 Fire department officially recognized.
8.17.020 Impeding fire equipment prohibited.
8.17.030 Police power of the department – Investigation of fires.
8.17.040 Damaging fire hose prohibited.
8.17.050 Firemen may enter adjacent property.
8.17.060 Vehicles to yield right-of-way.
8.17.070 Interference with use of hydrants prohibited.
8.17.080 Equipment of department.
8.17.090 Open burning. Revised 10/23
8.17.095 Fire pit regulations.
8.17.100 Fire warning systems required.
8.17.010 Fire department officially recognized.
(a) Recognition. The village of Arena and the town of Arena pursuant to Sections 60.55 and 146.55(2), Wis. Stats., have entered into a contract and agreement to provide joint fire protection and emergency medical rescue services for the inhabitants of the respective municipalities, hereinafter “fire and rescue department.” That fire and rescue department is hereby officially recognized, and the duty of providing fire protection and emergency medical services is hereby delegated to such organization.
(b) Budget. The village board shall appropriate funds to provide for operation and for such apparatus and equipment for the use of the fire and rescue department as it may deem expedient and necessary to maintain efficiency and properly protect life and property from fire.
(c) Budget. Not later than October 1st of each year, the fire board shall file with the village clerk a detailed estimate of the appropriations needed for the conduct of the fire and rescue department during the ensuing fiscal year. [Ord. dated 4/9/13. Prior code § 3-2-1].
8.17.020 Impeding fire equipment prohibited.
No person shall impede the progress of the fire engine or fire truck or other fire apparatus of any fire department along the streets or alleys of such village at the time of a fire or when the fire department of the village is using such streets or alleys in response to a fire alarm or for practice. [Ord. dated 4/9/13. Prior code § 3-2-2].
8.17.030 Police power of the department – Investigation of fires.
(a) Police Authority at Fires.
(1) The chief in command at any fire is hereby vested with full and complete police authority at fires. Any officer of the department may cause the arrest of any person failing to give the right-of-way to the fire department in responding to a fire.
(2) The fire chief may prescribe certain limits in the vicinity of any fire within which no persons, excepting firemen and policemen and those admitted by order of any officer of the department, shall be permitted to come.
(3) The chief shall have the power to cause the removal of any property whenever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect the adjoining property, and during the progress of any fire he shall have the power to cause the removal of all wires or other facilities and the turning off of all electricity or other services where the same impedes the work of the department during the progress of a fire.
(b) Fire Inspection Duties.
(1) Acting as fire inspector or assistant fire inspector pursuant to Section 101.14(2), Wis. Stats., the fire chief, or any officer of the fire department designated pursuant to the department’s bylaws, shall have the right and authority to enter any building or upon any premises in the village at all reasonable hours for the purpose of making inspections or investigations which, under the provisions of this code of ordinances, he may deem necessary.
(2) The chief of the fire department is required, by himself or by officers or members of the fire department designated by him as fire inspectors, to inspect all buildings, premises, and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of any law or ordinance relating to the fire hazard or to the prevention of fires. Fire inspectors shall be selected pursuant to the bylaws of the department. Such inspections shall be made at least once in six months in the village, or more often if the chief of the fire department orders. Each six-month period shall begin on January 1st and July 1st, of each year.
(3) Written reports of inspections shall be made and kept on file in the office of the chief of the fire department in the manner and form required by the state of Wisconsin. The fire chief shall make semi-annual reports to the village board on departmental concerns and fire inspections. Citations may be issued for violations. [Ord. dated 4/9/13. Prior code § 3-2-3].
State law reference: Section 101.14(2), Wis. Stats.
8.17.040 Damaging fire hose prohibited.
No person shall willfully injure in any manner, any hose, hydrant or fire apparatus belonging to the fire department or village, and no vehicle shall be driven over any unprotected hose of the fire department when laid down on any street, private driveway or other place, to be used at any fire or alarm of fire, without the consent of the fire department official in command. [Ord. dated 4/9/13. Prior code § 3-2-4].
8.17.050 Firemen may enter adjacent property.
It shall be lawful for any fireman while acting under the direction of the fire chief or other officer in command to enter upon the premises adjacent to or in the vicinity of any building or other property then on fire for the purpose of extinguishing such fire and in case any person shall hinder, resist or obstruct any fireman in the discharge of his duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firemen in the discharge of their duty. [Ord. dated 4/9/13. Prior code § 3-2-5].
8.17.060 Vehicles to yield right-of-way.
Whenever there shall be a fire or fire alarm, or the fire department shall be out for practice, every person driving or riding in a motor or other vehicle shall move and remain to the side of the street until the fire engine and fire truck and other fire apparatus shall have passed, provided such fire department vehicles are operating the proper emergency signals prescribed by state statutes. [Ord. dated 4/9/13. Prior code § 3-2-7].
8.17.070 Interference with use of hydrants prohibited.
No person shall occupy any portion of such streets or alleys with a motor or other vehicle between such fire engine or fire truck or other fire apparatus or any hydrant to which a fire hose may be, or may be about to be attached. [Ord. dated 4/9/13. Prior code § 3-2-8].
8.17.080 Equipment of department.
(a) The fire chief shall have control of all apparatus used by the department and shall be responsible for its proper maintenance.
(b) No apparatus shall be used for any purpose except for fire fighting within the village limits, or in training therefor, except pursuant to a mutual aid or other such agreement approved by fire department after the chief has given his recommendations on such use. With the approval of the chief such apparatus may be used for emergency purposes other than fire fighting within the village. [Ord. dated 4/9/13. Prior code § 3-2-9].
8.17.090 Open burning. Revised 10/23
(a) Open Burning Prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the village excepting as set forth in subsection (b) of this section.
(b) Exceptions.
(1) Outdoor cooking over a fire contained in a device or structure designed for such use.
(2) Controlled burning of grass or similar vegetation for environmental management purposes, with the prior written approval of the fire chief.
(3) Ceremonial campfires or bonfires, with prior written approval of the fire chief.
(4) Controlled burning of dry leaves and other nonoffensive dry yard debris during the periods of April 1st through May 31st, and October 1st through November 30th of each year; provided, however, that such burning is:
a. Monitored by a responsible person until the fire has extinguished itself completely;
b. Conducted on days when excessive wind or atmospheric conditions will not result in danger to public health or safety;
c. Located off the public street pavement or street gutter;
d. Located at least 30 feet from any neighboring residence;
e. Not used for covert incineration of offensive substances or materials.
(5) Other occasions of desirable outdoor burning not specified by this subsection, but not as an alternative to refuse removal or disposal of which other methods are available, may be granted single occasion approval as in subsections (b)(2) and (3) of this section.
(6) Controlled burnings conducted by the fire department.
(7) Whenever approval and special permit are granted by the fire chief under subsections (b)(2), (3) and (5) of this section, the permit may specify and be conditioned on observance of safety restrictions set forth therein.
(c) Chief May Prohibit. The fire chief is permitted to prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous and/or when Wisconsin Department of Natural Resources red flag conditions exist, and all burning is suspended until lifted. For any unauthorized burning, the police department, fire chief or their designee has the authority to extinguish the fire or order the fire extinguished. Unauthorized burning may result in a penalty as provided in AMC 1.05.060.
(d) Burning on Streets. No materials may be burned upon any street, curb, gutter or sidewalk.
(e) Liability. Persons utilizing and maintaining outdoor fires shall be responsible for any liability resulting from damage caused by the fire and/or the violation of this section, including, but not limited to, all costs associated with the fire department or departments responding to the fire call. [Ord. dated 6/6/23; Ord. dated 4/9/13. Prior code § 3-2-10].
8.17.095 Fire pit regulations.
(a) Except as otherwise specifically permitted by the fire chief, no person shall operate a fire pit within the corporate limits of the village except as provided in this section.
(b) A “fire pit” is defined as a permanent below-ground fire pit, a permanent grade level outdoor fireplace or a portable outdoor fireplace, all intended to contain and control outdoor wood fires.
(c) Portable fire pits shall be constructed of steel, brick, or masonry; shall be used in accordance with the manufacturer’s specifications and safety guidelines; and must be placed upon a noncombustible surface.
(d) Only natural, seasoned firewood or commercial logs may be burned.
(e) Burning of plastic, foam, refuse, treated wood, or any other construction waste is strictly prohibited.
(f) The fires in fire pits shall be kept manageable.
(g) The use of the fire pit must be attended and supervised by a competent adult property owner until the fire has been completely extinguished. A legal resident/tenant of a property may use a fire pit in accordance to this section as long as the property owner or assigned management company grants written permission to the legal resident/tenant. The use of the fire pit must be attended and supervised by the legal resident/tenant until the fire has been completely extinguished.
(h) A portable 10-pound ABC type fire extinguisher or other approved extinguishing equipment, such as a garden hose, bucket of sand, or dirt, must be readily available.
(i) The use of a fire pit which creates a hazardous or objectionable condition shall be prohibited. The code official is authorized to order the extinguishment of a fire in a fire pit creating a hazardous or objectionable condition.
(j) The use of the fire pit shall not be located within 10 feet of a structure or any combustible material. In no case shall the appliance be located directly under overhead combustible construction.
(k) The use of the fire pit shall not cause any building fire alarm system to activate.
(l) Fire pits shall be operated at all times so as to not unreasonably annoy, harass, or cause a nuisance to neighbors or the neighborhood.
(m) Violations of this section shall be subject to the penalty provided in AMC 1.05.060. [Ord. dated 12/5/17].
8.17.100 Fire warning systems required.
(a) One- or Two-Family Dwellings.
(1) General Provisions. Every one- or two-family dwelling unit hereafter erected or constructed shall be provided with smoke detectors.
(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 four percent 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 intervening doors closed. 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 dbl 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 the 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. It is recommended that an AC primary source of electric power be utilized. The requirements of 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 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 shall test each device for proper operation. The supplier or installing contractor shall provide the owner, through the building inspector, with instruction charts describing the operation, testing and proper maintenance of the smoke detectors. 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.
(b) Other Buildings.
(1) General Provisions. Approved heat and/or smoke detectors shall be installed in each room throughout every commercial, industrial, institutional, school or public building not covered under subsection (a) of this section hereinafter constructed or structurally altered. Where the bureau of fire prevention finds that, by reason of construction or highly combustible occupancy, existing buildings constitute a severe fire hazard to their occupants or to adjoining property the provisions of this section will also apply.
(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 No. 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 prevention bureau prior to installation of the detectors. Before requesting final approval of the installation, the installing contractor shall furnish a written statement to the fire chief 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 electrical 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 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 visible 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 an 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-compensated elements shall be selected in accordance with paragraph 3-3.1 of Standard No. 72E for the maximum ceiling temperature than can be expected.
(7) Smoke Detectors. Smoke detectors shall be located on the ceiling not less than six inches from a side wall. Spacing of detectors shall result from an evaluation based upon engineering judgment supplemented, if feasible, by field tests. Ceiling shape and surfaces, ceiling height, 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 four percent 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 equipment which may be in operation. All alarm sounding devices shall have a minimum rating of 85 dbl 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 Chapter 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 Chapter 7 of Standard No. 72E, shall be followed. [Ord. dated 4/9/13. Prior code § 3-2-11].