(a) State Administrative Codes Adopted. The Village of Edgar by reference adopts the following rules and regulations as promulgated by the Wisconsin Department of Safety and Professional Services (SPS) in the Wisconsin Administrative Code, together with any future additions, deletions, or supplements thereto pertaining to fire prevention; SPS Administrative Code provisions referencing National Fire Protection Association Codes (NFPA) are also herewith incorporated as part of this Chapter and shall be enforced with the same force and effect as though set forth in full herein. Provided, however, that where such rules and regulations are less stringent than other provisions found in this Chapter, the provisions of this Chapter shall apply. Specifically adopted are the following SPS Codes, but not limited to:
(1) Ch. SPS 307, Wis. Adm. Code - Explosives and Fireworks.
(2) Ch. SPS 310, Wis. Adm. Code - Flammable, Combustible and Hazardous Liquids.
(3) Ch. SPS 314, Wis. Adm. Code - Fire Prevention.
(4) Ch. SPS 316, Wis. Adm. Code - Electrical Code.
(5) Chs. SPS 320-325, Wis. Adm. Code - Uniform Dwelling Code.
(6) Ch. SPS 320, Wis. Adm. Code - Smoke Detectors.
(7) Ch. SPS 330, Wis. Adm. Code - Fire Department Safety and Health.
(8) Ch. SPS 343, Wis. Adm. Code - Anhydrous Ammonia Code.
(9) Chs. SPS 361-366, Wis. Adm. Code - Commercial Building Code.
(10) Chs. SPS 375-379, Wis. Adm. Code - Buildings Constructed Prior to 1914.
(11) Chs. SPS 381-387, Wis. Adm. Code - Plumbing Code.
(b) Adoption of NFPA Codes. The following rules and regulations issued by the National Fire Protection Association (NFPA), together with any future additions, deletions or supplements thereto, are herewith adopted and incorporated by reference as part of this Chapter and shall be enforced with the same force and effect as though set forth in full herein. Provided, however, that where such rules and regulations are less stringent than other provisions found in the NFPA Code, the provisions of this Chapter shall apply:
(1) Fire Prevention Code, NFPA 1, except for 3-2 3.1 and 7-1.2.
(2) Safety to Life from Fire in Buildings and Structures, NFPA 101.
(3) Water-based Fire Protection Systems, NFPA 54.
(4) Spray Applications Using Flammable or Combustible Materials, NFPA 33.
(5) National Fuel Gas Code, NFPA 54.
(6) Storage and Handling of Liquid Petroleum Gases Code, NFPA 58.
(7) Aircraft Fuel Servicing, NFPA 407.
(8) Any NFPA Code referenced in SPS Codes.
(c) Statutory Fireworks Regulations. Section 167.10 of Wis. Stats., pertaining to Regulation of Fireworks, together with any future additions, deletions, or supplements thereto, are herewith incorporated by reference as part of this Chapter and shall, along with Title 7, Chapter 5 of this Code of Ordinances, be enforced with the same force and effect as if set forth in full herein. Provided, however, that where such statutory regulations are less stringent than other provisions found in this Code of Ordinances, the provisions of this Code of Ordinances shall apply. Notwithstanding any provisions of this Code of Ordinances to the contrary, no person may sell, possess or use fireworks, as that term is defined by Sec. 167.10(1), Wis. Stats., as may be amended from time to time, within the Village of Edgar; except that the use of fireworks may be allowed by appropriate Permit issued by the Village per Section 7-5-1.
(d) Modifications. The Fire Chief or Fire Inspector may grant a variance to the provisions of the Fire Prevention Code upon written application by the property owner or lessee, or duly authorized agent, when there are practical difficulties in carrying out the strict letter of the Fire Prevention Code, provided the general intent and purpose of such Code is observed, public safety is protected, and substantial justice is done. If granted, the details of any such modifications when granted or allowed and the decision of the Fire Chief or Fire Inspector shall be entered into the records of the Fire Department, and a signed copy shall be provided to the applicant. A copy of each such order or modification by the Fire Chief or Fire Inspector shall also be filed with the Village Administrator.
(e) Appeals. Whenever the Fire Chief or Fire Inspector disapproves of an application for a Fire Prevention Code variance or a request for a permit thereunder is denied, or when it is asserted that the provisions of the Fire Prevention Code should not be applicable, or that the intent of the Fire Prevention Code has been misinterpreted, the applicant may appeal from such decision to the Village Board within thirty (30) days from the decison.
(f) Offenses. Any person who violates any provisions of this Chapter, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall construct in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any 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 be subject to the penalty provisions of Section 1o1-6.