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A. Intentional False Alarms. Wis. Stat. s. 941.13 is adopted as though fully set forth herein. No person may intentionally give a false alarm to any public officer or employee, whether by means of a fire alarm system or otherwise, and such person shall be subject to citation and penalty as set forth in Chapter 50 of this Municipal Code.
B. Penalties for All False Alarms. The Fire Company may charge a fee directly to any property owner for more than two false alarms in any 12-month period, whether intentional, accidental, or made with good intention, as follows: The property owner shall be billed $50 for the third false alarm and $100 for each false alarm received thereafter within the 12-month period. In the event that any such bill is not paid within 30 days of receipt, the property owner shall be subject to a penalty for the third false alarm, and an increased penalty for each false alarm received thereafter, as set forth in Chapter 50 of this Municipal Code.
C. In addition to the penalties provided in ss. A. and B, the Fire Company may require that the fire alarm be serviced, upgraded, or replaced to bring the alarm system into compliance with current code, solely at the owner's cost, in order to prevent future false alarms.
A. The following Wisconsin Administrative Codes, as the same currently exists or as hereafter may be amended, inclusive of Appendices to the listed Codes, and exclusive of any penalty imposed thereby, are hereby adopted by reference and made a part of this chapter as if fully set forth herein:
SPS 303 Administrative Procedure
SPS 305 Licenses, Certifications and Registrations
SPS 307 Explosives and Fireworks
SPS 308 Mines, Pits and Quarries
SPS 310 Flammable, Combustible and Hazardous Liquids
SPS 314 Fire Prevention
SPS 316 Electrical
SPS 318 Elevators, Escalators and Lift Devices
SPS 323 Heating, Ventilating and Air Conditioning
SPS 326 Manufactured Home Communities
SPS 328 Smoke Detectors and Carbon Monoxide Detectors
SPS 340 Gas Systems
SPS 341 Boilers and Pressure Vessels
SPS 343 Anhydrous Ammonia
SPS 345 Mechanical Refrigeration
SPS 348 Petroleum Products
SPS 361-366 Commercial Building Code
SPS 371 Solar Energy Systems
SPS 375-379 Building Constructed Prior to 1914
B. Compliance. Any act required to be performed or prohibited by any chapter of the Wisconsin Administrative Code incorporated herein by reference is required or prohibited by this section. Any violation of the incorporated provisions constitutes a violation of this chapter.
C. Code Updates. Any future updates to the Wisconsin Administrative Codes are also adopted prospectively by reference.
D. In cases of conflict between Local and State of Wisconsin Codes, the most restrictive provisions shall govern.
The latest National Fire Protection Association (NFPA) Codes and any amendments thereto are adopted by reference, enforced and incorporated into this chapter as if fully set forth herein. The following codes are routinely referenced:
NFPA 1 Uniform Fire Code, as amended by Wis. Admin. Code ch. SPS 314
NFPA 10 Standard for Portable Fire Extinguishers
NFPA 11 Standard for Low-, Medium- and, High-Expansion Foam
NFPA 12 Standard on Carbon Dioxide Extinguishing Systems
NFPA 13 Standard for the Installation of Sprinkler Systems
NFPA 13D Standard for Sprinkler Systems in One and Two-Family Dwellings and Manufactured Homes
NFPA 13R Standard for Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height
NFPA 14 Standard for the Installation of Standpipe and Hose Systems
NFPA 15 Standard for Water Spray Fixed Systems for Fire Protection
NFPA 16 Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems
NFPA 17 Standard for Dry Chemical Extinguishing Systems
NFPA 17A Standard for Wet Chemical Extinguishing Systems
NFPA 20 Standard for the Installation of Stationary Pumps for Fire Protection
NFPA 22 Standard for Water Tanks for Private Fire Protection
NFPA 24 Standard for the Installation of Private Fire Service Mains and their Appurtenances
NFPA 25 Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems
NFPA 30 Flammable and Combustible Liquids Code
NFPA 30A Code for Motor Fuel Dispensing Facilities and Repair Garages
NFPA 30B Code for the Manufacture and Storage of Aerosol Products
NFPA 33 Standard for Spray Application Using Flammable or Combustible Materials
NFPA 34 Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids
NFPA 35 Standard for the Manufacture of Organic Coatings
NFPA 36 Standard for Solvent Extraction Plants
NFPA 37 Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines
NFPA 40 Standard for the Storage and Handling of Cellulose Nitrate Film
NFPA 42 Code for the Storage of Pyroxylin Plastic
NFPA 45 Standard on Fire Protection for Laboratories Using Chemicals
NFPA 51 Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting, and Allied Processes
NFPA 51A Standard for Acetylene Cylinder Charging Plants
NFPA 51B Standard for Fire Prevention During Welding, Cutting, and Other Hot Work
NFPA 54 National Fuel Gas Code
NFPA 55 Compressed Gases and Cryogenic Fluids Code
NFPA 58 Liquefied Petroleum Gas Code
NFPA 59 Utility LP-Gas Plant Code
NFPA 59A Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG)
NFPA 61 Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities
NFPA 68 Standard on Explosion Protection by Deflagration Venting
NFPA 69 Standard on Explosion Prevention Systems
NFPA 70 National Electrical Code®
NFPA 72 National Fire Alarm and Signaling Code
NFPA 75 Standard for the Protection of Information Technology Equipment
NFPA 76 Standard for the Fire Protection of Telecommunications Facilities
NFPA 80 Standard for Fire Doors and Other Opening Protectives
NFPA 82 Standard on Incinerators and Waste and Linen Handling Systems and Equipment
NFPA 85 Boiler and Combustion Systems Hazards Code
NFPA 86 Standard for Ovens and Furnaces
NFPA 88A Standard for Parking Structures
NFPA 88B Standard for Repair Garages
NFPA 91 Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids
NFPA 92A Standard for Smoke-Control Systems Using Barriers and Pressure Differences
NFPA 92B Standard for Smoke Management Systems in Malls, Atria, and Large Spaces
NFPA 96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations
NFPA 99B Standard for Hypobaric Facilities
NFPA 99C Medical Gas and Vacuum Systems Installation Handbook
NFPA 101 Life Safety Code®
NFPA 101B Code for Means of Egress for Buildings and Structures
NFPA 102 Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures
NFPA 105 Standard for Smoke Door Assemblies and Other Opening Protectives
NFPA 110 Standard for Emergency and Standby Power Systems
NFPA 111 Standard on Stored Electrical Energy Emergency and Standby Power Systems
NFPA 115 Standard for Laser Fire Protection
NFPA 160 Standard for the Use of Flame Effects Before an Audience
NFPA 170 Standard for Fire Safety and Emergency Symbols
NFPA 204 Standard for Smoke and Heat Venting
NFPA 214 Standard on Water-Cooling Towers
NFPA 221 Standard for High Challenge Fire Walls, Fire Walls, and Fire Barrier Walls
NFPA 230 Standard for Fire Protection of Storage
NFPA 232 Standard for the Protection of Records
NFPA 241 Standard for Safeguarding Construction, Alteration, and Demolition Operations
NFPA 291 Recommended Practice for Fire Flow Testing and Marking of Hydrants
NFPA 303 Fire Protection Standards for Marinas and Boatyards
NFPA 307 Standards for the Construction and Fire Protection of Marine Terminals, Piers and Wharves
NFPA 318 Standard for the Protection of Semiconductor Fabrication Facilities
NFPA 400 Hazardous Materials Code
NFPA 418 Standard for Heliports
NFPA 430 Code for the storage of Liquid and Solid Oxidizers
NFPA 432 Code for the Storage of Organic Peroxide Formulations
NFPA 434 Code for the Storage of Pesticides
NFPA 484 Standard for Combustible Metals
NFPA 490 Code for the Storage of Ammonium Nitrate
NFPA 495 Explosive Materials Code
NFPA 499 Recommended Practice for the Classification of Combustible Dusts and of Hazardous Locations for Electrical Installations in Chemical Process Areas
NFPA 560 Standard for the Storage, Handling, and Use of Ethylene Oxide for Sterilization and Fumigation
NFPA 654 Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids
NFPA 655 Standard for Prevention of Sulfur Fires and Explosions
NFPA 664 Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities
NFPA 704 Standard System for the Identification of the Hazards of Materials for Emergency Response
NFPA 720 Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment
NFPA 750 Standard on Water Mist Fire Protection Systems
NFPA 780 Standard for the Installation of Lightning Protection Systems
NFPA 801 Standard for Fire Protection for Facilities Handling Radioactive Materials
NFPA 804 Standard for Fire Protection for Advanced Light Water Reactor Electric Generating Plants
NFPA 850 Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations
NFPA 853 Standard for the Installation of Stationary Fuel Cell Power Systems
NFPA 1123 Code for Fireworks Display
NFPA 1124 Code for the Manufacturing, Transportation, Storage and Retail Sale of Fireworks and Pyrotechnic Articles
NFPA 1125 Code for the Manufacture of Model Rocket and High Power Rocket Motors
NFPA 1126 Standard for the Use of Pyrotechnics before a Proximate Audience
NFPA 2001 Standard on Clean Agent Fire Extinguishing Systems
NFPA 2010 Standard for Fixed Aerosol Fire Extinguishing Systems
A. Access in Construction Area.
1. A road shall be provided at the commencement of construction, major alteration or demolition of any building having suitable strength to support the heavy fire fighting apparatus operated by the contracted Fire Company. Such road shall have a minimum clear width of 12 feet and clear height of 15 feet above grade and shall be subject to the approval of the Fire Chief and Building Inspector.
2. During construction operations, free access to permanent, temporary or portable first aid and fire equipment shall be maintained at all times. Arrangements shall be made so that fire fighters and rescue personnel will have immediate access to the premises when called.
B. Driveways; Property Owner Liable; Markers.
1. All permanent driveways shall conform to the requirements of the Planning and Zoning Code, but for all types of uses shall be maintained clear of obstructions, plantings and overhanging tree branches for a width of at least 12 feet and a height of at least 15 feet above the grade of the driveway.
2. The property owner is liable for the repair or replacement of any fire apparatus that is damaged or destroyed while accessing a property in response to a call or alarm.
3. Markers. Every driveway that is greater than 1,000 feet long shall be marked at intervals of 1,000 feet beginning at the residence or other buildings and extending to the roadway with a marker approved by the Fire Company. No marker is required at the intersection of the driveway with the roadway, but the owner shall notify the Fire Company that the driveway exceeds 1,000 feet, and the Fire Company shall request the Racine County Communications Department (Dispatch Center) to flag the property so that the Fire Company is notified of the length of the driveway in the event of an emergency.
C. Access to Fire Hydrants. Fire access from the street to fire hydrants and outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. Protective pedestrian walkways shall not be so constructed as to impede ready access to hydrants. No material or construction shall be placed within ten feet of such hydrants or connections, nor between them and the center line of the street.
A. Definition. "Rapid entry key boxes" are hereby defined as access boxes, rapid entry lock box devices, or material lock boxes, with a high security lock and designed to be either surface or recess mounted on a building to secure keys to such building, such as those provided by The Knox Box Company currently in use by the contracted Fire Company.
B. Rapid entry key boxes required. The Village of Rochester elects to require the use of rapid entry key boxes as set forth in this section.
1. Where required. Rapid entry key boxes shall be required on all multifamily dwellings of four families or more that have a common entrance or share a common area accessible by all occupants. Rapid entry key boxes shall be required on all assisted senior housing and community-based residential facilities, industrial and commercial facilities as designated by the Fire Chief of the contracted Fire Company, and any location where entry to the property is secured in whole or part by a fence, gate, wall, or connected buildings, or as otherwise directed by the Fire Chief. Entry key override switches shall be required on any exit door at any location which uses a card reader entry system and/or magnetic door lock security system.
2. Location. The Fire Chief or his or her designee shall approve the location prior to installation of any rapid entry key box. Rapid entry key boxes shall be located on the front of a building near the main entrance at grade level, unless otherwise directed by the Chief.
3. Contents. The owner, agent or on-site manager shall provide the appropriate keys to the building to be placed in the rapid entry key box. New keys shall be provided when any locks are changed. Examples of keys to be provided are:
a. A master key or keys to locked points of egress, whether interior or exterior.
b. Keys to locked mechanical rooms.
c. Keys to locked elevator rooms.
d. Keys to elevator controls.
e. Keys to fire alarm panels or equipment.
4. Compliance. This section applies to all buildings and businesses set forth in Subsection B.1 that are new construction, currently under construction, or, because of a change of use, an addition, or remodeling must apply for a certificate of occupancy. Compliance with this section is required prior to the grant of an occupancy permit.
5. Costs and ordering. Property owners shall be responsible for all costs of purchase and installation of any rapid entry key box, key override switch or other material required by this section. The contracted Fire Company shall supply forms for ordering any rapid entry key box, key override switch or material required by this section.
6. Maintenance. The owner of any building within the scope of this section shall maintain the rapid entry key box in good working order and be responsible to assure that keys maintained within the rapid entry key box are current keys to the existing locks in the building. When a change of locks within a building is necessary, the owner shall advise the Fire Chief thereof and place new keys in the rapid entry key box.
7. Unauthorized Key Removal Prohibited. No person, except authorized fire department or law enforcement personnel, shall remove any key from a rapid entry key box without the authorization of the building owner.
A. Purpose. This section is intended to promote the public health, safety and welfare, and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Village of Rochester due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.
B. Applicability. This section applies to all outdoor burning and refuse burning within the Village of Rochester.
1. This section does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
2. This section does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in subsection D of this section.
3. This section does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
C. Severability. Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.
D. Definitions. As used in this section, the following terms shall have the meanings set forth.
"Campfire" means a small outdoor fire intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse.
"Clean Wood" means natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
“Confidential Papers” means printed material containing personal identification or financial information that the owner wishes to destroy.
"Fire Chief" means the Chief of the Fire Company contracted for fire and rescue service by the Village pursuant to section 3-1 of this Municipal Code, or other person authorized by that Fire Chief.
"Open Burning" means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney.
"Outdoor Burning" means open burning or burning in an outdoor wood-fired furnace.
"Any Outdoor Fired Furnace" means a wood-fired or other material-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
"Refuse" means any waste material except clean wood.
E. General prohibition on outdoor burning and refuse burning. Open burning, outdoor burning and refuse burning are prohibited in the Village of Rochester unless the burning is specifically permitted by this section.
F. Materials that may not be burned. Unless a specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device:
1. Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
2. Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Wis. Admin. Code ch. NR 590.
3. Asphalt and products containing asphalt.
4. Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
5. Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
6. Rubber including tires and synthetic rubber-like products.
7. Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with the recycling ordinance except as provided in subsection K. of this section.
G. Open burning of leaves, brush, clean wood and other vegetative debris. Open burning of leaves, weeds, brush, stumps, clean wood other vegetative debris is allowed only in accordance with the following provisions:
1. All allowed open burning shall be conducted in a safe nuisance free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.
2. Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban applicable to the area.
3. Open burning shall be conducted only on the property on which the materials were generated or at a facility approved by and in accordance with provisions established by the Department of Natural Resources and the Fire Chief.
4. Unless explicitly allowed elsewhere in this section, a commercial enterprise other than an agricultural or silvicultural operation may open burn only at a facility approved by and in accordance with provisions established by the Department of Natural Resources and the Fire Chief.
5. Open burning of weeds or brush on agricultural lands including fires for cropland management, insect control and rodent control is allowed if dense smoke is not created and if conducted in accordance with other applicable provisions of this section, provided however that such burning may begin at 8:00 a.m. The Racine County Sheriff’s Department shall be notified in advance of the agricultural burning. The earlier start time allowed in this subsection does not apply to refuse burning, burning in burn barrels, or any other type of burning – it applies only to burning of vegetation in agricultural fields.
6. Fires set for forest, prairie or wildlife habitat management are allowed with the approval of the Department of Natural Resources.
7. Outdoor campfires and small bonfires for cooking, ceremonies or recreation are allowed provided that the fire is confined by a control device or structure such as a barrel, fire ring, or fire pit. Bonfires are allowed only if approved by and in accordance with provisions established by the Fire Chief.
8. In emergency situations such as natural disasters burning that would otherwise be prohibited is allowed if specifically approved by the Department of Natural Resources.
9. Open burning under this section shall only be conducted at a location no less than 20 feet from a property line or structure.
10. Except for campfires and permitted bonfires, open burning shall only be conducted between 8:00 a.m. 1 and 7:00 p.m. No person shall kindle or start an open fire or a fire in a container as described herein between the hours of 7:00 p.m. and 8:00 a.m., and such fire must be extinguished by 8:00 p.m. Campfires and permitted bonfires that are strictly for recreational purposes may be kindled or started between 7:00 p.m. and 11:00 p.m. and must be extinguished by 1:00 a.m.
11. Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
12. No materials may be burned within five feet of any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream or waterbody.
13. Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 20 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
14. No open burning may be conducted on days when the Department of Natural Resources has declared an Air Quality Watch or Air Quality Advisory for ozone or fine particle pollution applicable to the Village of Rochester.
H. Burn barrels. A burn barrel may be used in the Village of Rochester in accordance with the following provisions:
1. The burn barrel shall not be used to burn any of the prohibited materials listed in subsection F of this section and may only be used in accordance with the applicable provisions of subsection G of this section.
2. The burn barrel shall be located at least 50 feet from the nearest building that is not on the same property as the burn barrel.
3. The burn barrel shall have vent holes above the ash line for combustion air and shall be covered with a heavy wire screen.
4. The burn barrel shall not serve a commercial enterprise.
5. No fire in a burn barrel may be started before 8:00 a.m. and all fires in burn barrels must be completely extinguished by 5:00 p.m. 2
I. Outdoor Fired Furnaces. An outdoor fired furnace may be installed and used in the Village of Rochester in accordance with the following provisions:
1. The outdoor furnace shall be installed and used only in an area zoned for agricultural use.
2. The outdoor furnace shall not be used to burn any of the prohibited materials listed in subsection F. of this section.
3. The outdoor furnace shall be located at least 150 feet from the nearest building which is not on the same property as the outdoor fired furnace.
4. The outdoor fired furnace shall have a chimney that extends at least ten feet above the ground surface. The Fire Chief may approve a lesser height on a case-by-case basis if necessary to comply with manufacturer's recommendations and if the smoke from the lower chimney height does not create a nuisance for neighbors.
5. The owner of the outdoor wood-fired furnace shall obtain a building or other appropriate permits from the Village Building inspector.
J. Fire Department Practice Burns. Notwithstanding subsections E. and F. of this section, the contracted Fire Company may burn a standing building if necessary for firefighting practice and if the practice burn complies with the requirements of the Department of Natural Resources.
K. Exemption for Burning Certain Papers.
1. Notwithstanding subsection F.7. of this section, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this section.
2. Small quantities of confidential papers from a residence may be burned if necessary to prevent the theft of financial records, identification or other confidential information.
3. Confidential papers from a commercial enterprise shall be shredded or destroyed in a manner other than burning.
L. Burning Moratorium. When weather conditions warrant, the Fire Chief or the Department of Natural Resources may declare a burning moratorium on all open burning.
M. Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
N. Right of Entry and Inspection. The Fire Chief or any authorized officer, agent, employee or representative of the Village of Rochester who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with Wis. Stat. s. 66.0119.
O. Penalty. The penalty for violation of any portion of this subsection shall be a forfeiture of not less than $100 or more than $500 plus the cost of prosecution. Penalties are doubled for second and subsequent offenses.
Notes
| 1 | 1 Ordinance #2016-1, Adopted 2-8-16 |
| 2 | 2 Ordinance #2016-6, Adopted 6-27-16 |
Any person allowing any accumulation of rubbish, trash, brush or other combustibles to exist on premises owned, occupied or under the control of said person which is deemed a fire hazard by the Chief of the Fire Company contracted by the Village of Rochester shall, upon receipt of a written notice executed by the Chief of said Fire Company, remove or cause to be removed the said rubbish, trash, brush or other combustible material within five days after receipt of said notice. Failure to remove said combustible materials within the time specified in the written notice shall be a violation of this Chapter and each and every day after expiration of the aforesaid time limitation shall constitute a separate violation.
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