CHAPTER 5

FIRE DEPARTMENT

SUBCHAPTER I ­ FIRE DEPARTMENT OPERATIONS

5.01 COMPOSITION OF THE FIRE DEPARTMENT [Adopted 7/24/95]

(1) Organization

The Town of Menasha shall have a paid­on­call fire department with a full­time Fire Chief and Fire Marshal/Inspector.

(2) Fire Chief

(a) Appointment. The Town Board shall appoint the Chief of the Fire Department. Following the appointment by the Town Board, they shall hold their office during good behavior, subject to suspension or removal by the Town Board for cause. No recommendation for removal for cause shall be made without first affording a due process hearing before the Town Board.

(b) Powers and Duties. The Fire Chief shall enforce the Wisconsin Statues, the Wisconsin Administrative Code and this Code in matters relating to fire prevention, code enforcement, public education and fire suppression within the Town. It shall be the duty of the Fire Chief to direct the operation of the fire department. The Fire Chief shall report monthly to the Town Board of Supervisors, all fires occurring in the Town, together with the amounts and value of the property destroyed.

(c) Department Standard Operating Guidelines. The Fire Chief shall develop and maintain Fire Department Standard Operating Guidelines regarding the operation of the Department which shall be reviewed by the Town Administrator. All Fire Department Standard Operating Guidelines shall require approval by the Town Board of Supervisors. All members of the Department shall be furnished a copy of the Standard Operating Guidelines.

(d) Fiscal Responsibility. Not later than September 1st of each year the Fire Chief shall file with the Town Administrator a detailed estimate of the appropriations needed for the conduct of the Department during the ensuing fiscal year.

(3) Fire Marshal

(a) Appointment. The Fire Chief shall make recommendation to the Town Administrator to appoint a Fire Marshal as outlined by Section 1.03 of the Town Codes. The Town Board of Supervisors shall approve the recommendation and appoint the Fire Marshal.


(b) Duties and Responsibilities. The Fire Marshal shall be the administrator of the Bureau of Fire Prevention. The Fire Marshal shall be responsible for the direct administration and enforcement of the Town of Menasha Fire Prevention Code. The Fire Marshal shall supervise and manage public education programs, code enforcement and all fire investigations.

(4) Fire Officers

(a) Appointments. The Fire Chief shall recommend appointments of Officers to the Town Administrator, subject to approval by the Town Board of Supervisors. Such appointments shall be made through promotional assessments when possible.

(b) Probationary Period. All fire department officers shall serve a one­year probationary period and may be removed from office upon recommendation by the Fire Chief to the Town Administrator subject to approval by the Town Board of Supervisors.

(c) Reduced in Rank. The Fire Chief may make recommendation, with just cause, to the Town Administrator to remove an Officer from his supervisory position, which shall be subject to approval by the Town Board of Supervisors.

(d) Duties and Responsibilities. Officers shall assist the Chief in the discharge of his duties, and in the event of his absence or disability to act, shall have all the powers of the Chief, respectively in rank order.

(5) Support Staff

(a) The Fire Chief shall make recommendations to the Town Administrator, with approval by the Town Board of Supervisors to appoint any support staff deemed necessary to effectively manage the fire department. These positions may include, but are not limited to, administrative assistants, secretarial support and part­time employees.

(6) Fire Fighters

(a) Appointment. The Fire Chief shall make recommendation to the Town Administrator, with approval by the Town Board of Supervisors for the appointment of any fire fighters. The Fire Chief shall utilize appropriate employment assessment procedures based on nationally recognized guidelines related, but not limited to, ability to pass physical job related functions, a medical examination and oral interviews.

(b) Probationary Period. All volunteer or paid­on­call fire fighters shall serve a one­year probationary period and may be dismissed by the Town Board of Supervisors based on written recommendation of just cause by the Fire Chief, and upon approval of the Town Administrator.

(c) Disciplinary action, suspension and dismissal shall be as set forth in the Town Personnel Policy Manual and the Fire Department Standard Operating Guidelines.

(7) Legislative Intent

The provisions of this ordinance, so far as practicable, shall be construed in conjunction with and in furtherance of the provisions of Section 62.13 and Chapter 589 of the laws of 1921 and Chapter 423, laws of 1923, and Chapter 586 of the laws of 1911, and shall be construed as an enactment for the purpose of providing a uniform regulation of the Fire Department in the Town of Menasha, consistent with the state-wide enactment regulating cities and villages.

5.02 AUTHORITY AT EMERGENCY INCIDENTS

(1) Limited Access and Removal of Property. The Fire Chief or designated officer may prescribe certain limits in the vicinity of any emergency incident within which no persons, excepting fire fighters and police officers and those admitted by order of any officer of the department, shall be permitted to be present. The Fire 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 order the removal or destruction of any property necessary to prevent the further spread of fire and the authority to preserve evidence of suspected arson. He shall also 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 or other hazardous situation.

(2) Resistance to Operations. It shall be lawful for any fire fighter while acting under the direction of the Fire Chief or any other officer in command to enter upon the premises adjacent to or in the vicinity of any building or other property then on fire or in a hazardous environment for the purpose of extinguishing such fire or mitigating such hazards. In case any person shall hinder, resist or obstruct any fire fighter in the discharge of his duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting fire fighters in the discharge of their duty.

(3) Damage to Fire Department Property. No person shall willfully injure in any manner any hose, hydrant or fire apparatus belonging to the Town of Menasha, and no vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway or any other place, to be used at any fire or alarm of fire, without the consent of the Fire Department Officials in command of the emergency.

5.03 FALSE ALARMS See Section 7.23 of the Town Codes.

5.04 INVESTIGATIONS

(1) The Bureau of Fire Prevention shall investigate the cause, origin, and circumstances of every fire occurring in the Town of Menasha by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of deliberate intent, carelessness or design. Such investigations shall begin immediately upon occurrence of such a fire. The Fire Marshal shall take charge immediately of the physical evidence, shall further cooperate with local, county, state or federal authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing to the Bureau of Fire Prevention within five (5) days after the occurrence of the same by the Fire Department Officer in command of the fire. Such report shall be such a form as shall be prescribed by the Fire Marshal of the Town of Menasha Fire Department, and shall contain a statement of all facts relating to the cause, origin, and circumstances of such fire, the extent of the damage thereof, and the insurance upon such property, and such other information as may be required, including the injury, death, or rescue of persons.

5.05 FIRE LIMITS

The fire limits of the Town shall be set forth by the Town Board of Supervisors.

5.06 HAZARDOUS MATERIALS RESPONSE REIMBURSEMENT

(1) Prohibited Discharges. No person, form or corporation shall discharge or cause to be discharged, leaked, leached, or spilled upon any public or private street, alley, public or private property, or unto the ground, surface waters, subsurface waters, or aquifers, or within the Town, except those areas specifically licensed for waste disposal or landfill activities and to receive such materials, any explosive, flammable or combustible solid liquid or gas, any radioactive material at or above Nuclear Regulatory Restriction levels, etiologic agents, or any solid, liquid or gas creating a hazard, potential hazard, or public nuisance or any solid, liquid or gas having a deleterious effect on the environment.

(2) Containment, Cleanup and Restoration. Any person, form, or corporation in violation of the above section shall, upon direction of any Fire Department Officer, begin or shall contract to have the substance immediately contained, cleaned and removed to an approved depository the offending material(s) and restore the site to its original condition, with the offending person, firm or corporation being responsible for all expenses incurred. Should any person, firm, or corporation fail to engage the necessary personnel and equipment to comply or to complete the requirements of this section, the Office of the Emergency Government Coordinator may order the required actions to be taken by public or private sources, and allow the recovery of any and all costs incurred by the Town of Menasha as action imposed by (3).

(3) Emergency Services Response. Includes, but is not limited to: Fire Service, Emergency Medical Services, Law Enforcement. A person, firm, or corporation who possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance shall be responsible for the reimbursement to the responding agencies for the actual and necessary expenses incurred in carrying out their duties under this ordinance. Actual and necessary equipment may include, but not be limited to: replacement of equipment damaged by the hazardous material, cleaning, decontamination and maintenance of the equipment specific to the incident, costs incurred in the procurement and use of specialized equipment specific to the incident, specific laboratory expenses incurred in the recognition and identification of hazardous substances in the evaluation of response, decontamination, clean up and medical surveillance, and incurred costs in future medical surveillance of response personnel as required by the responding agency's medical advisor.

(4) Site Access. Access to any site, public or private, where a prohibited discharge is indicated or suspected will be provided to Fire Department officers and staff, and to the Town of Menasha Police Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup, and restoration activities.

(5) Public Protection. Should any prohibited discharge occur which threatens the life, safety or health of the public at, near or around the site of a prohibited discharge, and that the situation is so critical that immediate steps must be taken to protect life and limb, the Fire Chief, Fire Officers or the senior police official on the scene of the emergency may order an evacuation of the area or take appropriate steps for a period of time until the Town of Menasha Board of Supervisors can take appropriate action.

(6) Enforcement. The Fire Chief, Fire Marshal, as well as the Town of Menasha Police officers, shall have the authority to issue citations or complaints under this Chapter.

(7) Civil Liability. Any person, form, or corporation in violation of this Section shall be liable to the Town of Menasha for any expenses incurred by the Town or loss or damage sustained by the Town by reason of such violations.

(8) Penalties. Any person, firm, or corporation in violation of this section shall forfeit to the Town upon conviction thereof not to exceed five­thousand dollars ($5,000.00) plus the costs of prosecution and in default of payment thereof, imprisonment in the County jail for ninety (90) days. Each day of violation shall constitute a separate offense.

SUBCHAPTER II ­ FIRE PREVENTION

5.07 FIRE PREVENTION CODE

(1) Purpose. An ordinance to provide the Town of Menasha with the rules and regulations consistent with nationally recognized good practices to improve public safety by promoting the control of fire hazards; regulating the installation, use and maintenance of equipment; regulating the use of structures, premises, and open areas; providing the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the standards for compliance and achievement of these objectives.

(2) Primary Code Adoption. This Code shall be known as the Town of Menasha Fire Prevention Code. This Code adopts, but is not limited to, the Fire Prevention Code of the National Fire Protection Association, NFPA 1 and its incorporated standards and codes as published in the National Fire Codes, the Wisconsin Administrative Codes Chapters ILHR 14 (Fire Prevention Code), ILHR 10 (Flammable and Combustible Liquid Storage) and Chapters ILHR 50 through 64, save and except those portions such as are hereinafter deleted, modified, or amended by any Section of this ordinance. The same, including any future modifications or amendments, are hereby adopted and incorporated as fully as if set out at length herein. Not less than five (5) copies of the adopted issue of the Fire Prevention Code of the National Fire Protection Association, NFPA 1, and the adopted standards and codes of the National Fire Codes shall be filed in the office of the Fire Department and the provisions thereof shall be controlling within the limits of the Town of Menasha.

(3) It shall be unlawful for any person to violate this ordinance, to permit or maintain such a violation, to refuse to obey any provision thereof, or to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the action of the Fire

Marshal in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.

(4) The Fire Chief of the Town of Menasha shall be responsible for the enforcement of the Town of Menasha Fire Prevention Code. The Fire Chief of the Town of Menasha Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. To assist in the performance of the responsibilities and duties placed upon the Fire Chief of the Town of Menasha Fire Department, a Bureau of Fire Prevention in the Fire Department of the Town of Menasha is hereby created.

(a) This Bureau shall operate under the supervision of the Fire Chief of the Town of Menasha Fire Department. The Fire Chief of the Fire Department shall designate a fire official of the Town of Menasha Fire Department as Fire Marshal. The Fire Marshal shall be the administrator of the Bureau of Fire Prevention.

(b) The Fire Marshal shall be responsible for the direct administration and enforcement of the Town of Menasha Fire Prevention Code as may be set forth by the Fire Chief of the Town of Menasha Fire Department. The Fire Marshal shall be appointed on the basis of examination or other method for determining his/her qualifications. The Fire Chief of the Town of Menasha Fire Department may also designate such number of Technical Inspectors as shall from time to time be authorized by the Town of Menasha Board. Such Technical Inspectors shall be selected through an examination to determine their fitness for the position.

(5) It shall be the duty of the officers of the Bureau of Fire Prevention to enforce all laws and ordinances of the Town of Menasha, covering the following:

(a) The prevention of fires

(b) The storage and use of explosives and flammables

(c) The installation and maintenance of automatic and other fire alarm systems, and fire extinguishing equipment.

(d) The maintenance and regulation of fire escapes

(e) The means and adequacy of exit in case of fire, from factories, schools, hotels, lodging houses, hospitals, churches, halls, theaters, amphitheaters, and all other places in which numbers of persons work, live, or congregate, from time to time, for any purpose.

(f) The maintenance of fire cause and loss records

(6) The Officers of the Bureau of Fire Prevention shall have such other powers and perform such other duties as are set forth in other Sections of this ordinance, and as may be conferred and imposed from time to time by law. The Fire Chief of the Town of Menasha Fire Department may delegate any of his powers or duties under this ordinance to the Fire Marshal.

(7) The Fire Chief, Fire Marshal, any Fire Department Officer, as well as the Town of Menasha Police Officers , shall have the authority to issue citations or complaints under the provisions of the Town of Menasha Fire Prevention Code.

(8) It shall be the duty of the Fire Chief and/or Fire Marshal of the Town of Menasha Fire Department to investigate and to recommend to the Town of Menasha such additional ordinances, or amendments to existing ordinances, as he/she may deem necessary for safeguarding life and property against fire.

(9) The Fire Chief of the Town of Menasha Fire Department shall prepare instructions for the Fire Marshal and his assistants, and forms for their use in the reports required by this ordinance.

(10) Before permits may be issued as required by this Code, the Fire Marshal or his assistants shall inspect and approve the receptacles, process, vehicles, buildings, or storage places to be used for any such purposes.

(11) The Fire Marshal shall inspect or cause to be inspected all premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire.

(12) Whenever any inspector, as defined above, shall find in any building, or upon any premises or other places, combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of waste paper, boxes, shavings, or any highly flammable materials especially liable to fire, and which is so situated as to endanger property; or shall find obstructions to or on fire escapes, stairs, passageways, doors, or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he/she shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings. Any owner or occupant failing to comply with such order within 30 days after the service of the said order shall be liable to penalties as hereinafter provided.

(a) The service of any such order may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant 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 copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such an order may be served either by delivering to and leaving with the said person a copy of the said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy by certified mail to the owner's last known post office address.

(13) The Fire Marshal shall compile and keep a record of all fires, and all the facts concerning the same, including injuries, deaths, rescue of persons and statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance, and is so, in what amount. Such record shall be made daily from the reports made by the technical Inspectors under the provisions of this ordinance. All such records shall be made public.

(14) The Fire Marshal shall make an annual report of the activities of the Bureau of Fire Prevention and shall transmit this report to the Town Administrator of the Town of Menasha through the Fire Chief of the Town of Menasha Fire Department. The report shall contain all proceedings under the Town of Menasha Fire Prevention Code with such statistics as the Fire Chief may wish to include therein.

(15) The Fire Chief of the Town of Menasha or Fire Marshal shall also recommend any amendments to the Town of Menasha Fire Prevention Code or ordinance which, in his/her judgment, shall be desirable.

(16) The provisions of the Town of Menasha Fire Prevention Code shall apply equally to both public and private property, and it shall apply to all structures and their occupancies, except as otherwise specified.

(17) This act shall be deemed in exercise of the police powers of the Town of Menasha for the preservation and protection of the public health, peace, safety, and welfare, and all the provisions of the Town of Menasha Fire Prevention Code shall be liberally construed for that purpose.

(18) Any person who shall violate any of the provisions of the Code hereby adopted; or shall fail to comply therewith; or shall violate or fail to comply with any order made therewith; or shall violate or fail to comply with any order made thereunder; or shall build in violation of any details, statements, specifications, or plans submitted or approved thereunder; or shall operate not in accordance with the provisions of any certificate, permit, or approval 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 Fire Marshal or by a court of competent jurisdiction and noncompliance, respectively be guilty of a misdemeanor punishable by a fine of not less than $50.00 or more than $1,000.00 or by imprisonment for not more than sixty (60) days, or by both such fines and imprisonment. The imposition of a penalty for any violation shall not excuse the violation nor shall the violation be permitted to continue. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

5.08 SMOKE DETECTORS See State of Wisconsin Administrative Code Chapter 51.245.

5.09 FIRE PROTECTION SYSTEMS (SPRINKLERS)

(1) An ordinance to provide the Town of Menasha with rules and regulations to improve public safety by regulating the installation, use and maintenance of fire protection systems.

This code adopts Chapters 3 Use or Occupancy Classification, and 9 Fire Protection Systems and its incorporated standards as published in the BOCA National Building Code of the Building Officials and Code Administrators International, Inc., thereof, save and except those portions such as are hereinafter deleted, modified, or amended by Section (3) of this ordinance.

(2) It shall be unlawful for any person to violate this ordinance, to permit or maintain such a violation, to refuse to obey any provision thereof, or to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the action of the Town of Menasha Board in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such an act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.

(3) Chapter 9 of the BOCA National Building Code is amended and changed in the following respects:

(a) Residential Occupancies ­ as defined within the Wisconsin Code, Chapter ILHR 57 (1993 edition).

(1) Automatic fire sprinkler protection shall be provided in the basements, crawl spaces, stairways, hidden space and all corridors of any building of this type if of a Class 1 or 2 fire resistive construction if living units are located on three or more levels.

(2) Automatic fire sprinkler protection shall be provided throughout the entire building if living units are located on three or more levels and the building of this type is of Class 3 through 8 nonfire resistive construction.

(b) The Wisconsin Uniform Building Code for 1 & 2 family dwellings (ILHR 20) shall apply in lieu of BOCA Chapter 9, 1 & 2 family dwelling sprinkler protection requirements.

(4) Installation and Inspection of Automatic Fire Sprinkler Systems.

(a) Approved automatic fire sprinkler equipment shall be installed in accordance with current editions of NFPA No. 13 "Standards for the Installation of Sprinkler Systems" or NFPA No. 13 R and any other applicable standards of the National Fire Protection Association. A copy of such standards shall be kept on file at the office of the Building Inspector and the Fire Department Fire Prevention Bureau and shall be made available to the public for inspection upon request.

(b) No automatic sprinkler equipment shall be installed or altered in any building until plans have been submitted to and approved by the Sanitary District #4 and the Town of Menasha Fire Department. Two copies of the plans and specifications shall be submitted for review. Approved plans shall be stamped with the date of approval. One copy shall be returned to the owner, one copy kept on file with the Fire Department.

(c) Every sprinkler system required by this ordinance or by the Wisconsin ILHR 51.23 shall be inspected by the Fire Department once every twelve (12) months for owner compliance of maintenance and testing.

(d) Automatic fire sprinkler equipment shall be certified by the contractor providing the equipment that such sprinkler system has been installed properly and that the system has been left in­service before the contractor's installers finally leave the job. This certification shall include those items as outlined in NFPA 13, Contractor's Material and Test Certificate.

(e) Maintenance. All automatic sprinkler equipment shall be maintained according to the most current NFPA Standard 25, "Inspection and Maintenance of Sprinkler Systems". This maintenance program shall be carried out by the owner using a "qualified" employee or contractor. Records of such maintenance programs shall be maintained, in the office of the Fire Chief, so that problems within a system can be identified and corrected.

5.10 STANDPIPES

(1) Fire Department standpipes of the type described in Wisconsin, Chapter ILHR 51.21, shall be installed in all buildings which exceed fifty (50) feet in height and in all buildings three (3) stories or more in height.

(2) Installation. The installation of any Fire Department standpipe shall be in accordance with the applicable provisions of NFPA­14 Standpipe and Hose Systems.

(3) No Fire Department standpipe shall be installed or altered in any building until plans have been submitted to and approved by Sanitary District #4 and the Town of Menasha Fire Department.

(4) Every Fire Department standpipe required by this ordinance shall be inspected by the Fire Department once every twelve (12) months for owner compliance of maintenance and testing.

5.11 EXISTING BUILDINGS - FIRE DETECTION & SUPPRESSION

(1) Except as hereinafter provided, automatic fire sprinklers, smoke detectors and standpipes need not be installed in buildings which existed or were under construction before this ordinance became effective unless such installation was required by a previous ordinance, administrative regulation or state statute.

(2) Where a building is expanded or remodeled and the building as remodeled or expanded is of a size, a type, or a use, which, were the building then to be constructed, would be subject to the provisions of Sections 5.08, 5.09, 5.10, the following subsections shall apply:

(a) The entire building shall be made to conform to the requirements of sections 5.08, 5.09, 5.10 if more than 50% of the gross interior area of the building is remodeled or added to the building.

(b) Only the additional, expanded, or remodeled area shall be subject to the requirements of Sections 5.08, 5.09, and 5.10 if 25% to 50% of the gross interior area of the building is remodeled or added to the building.

(c) The requirements of Sections 5.09 and 5.10 need not be satisfied if less than 25% of the gross interior area of the building is remodeled or added to the building.

(d) The requirements of Section 5.08 need not be satisfied if less than 25% of the gross interior area of the building is remodeled or added to the building unless such remodeling or expansion creates additional dwelling units.

(e) In determining the foregoing percentages successive additions, expansions, or remodeling, if made within a period of two (2) years shall be considered aggregated and treated as a single expansion or addition.

(3) Regardless of any percentage set forth in Section 5.11 (2) if the additional, expanded, or remodeled area is of a size, is of a type, or is for a use which is subject to the provisions of Section 5.08, 5.09 or 5.10, the additional, expanded, or remodeled area must conform to the requirements of such Sections.

(4) Regardless of any percentage set forth in Section 5.11 (2) where any dwelling is remodeled or expanded and the quotient obtained by dividing the total cost of the expansion, addition, or the remodeling by the total number of dwelling units in the building equals or exceeds $1,000, the entire building shall be made to conform to the requirements of Section 5.08.

(5) At the time any public residential building, multiple family dwelling, single family residence, duplex or any other residential property, located in the Town of Menasha is sold, transferred, or conveyed, the building shall be made to conform to the related requirements of Section 5.08 described hereinabove.

(6) Where at the time of its construction a building or any part thereof is excepted from the requirements of Section 5.09 by reason of its proposed or intended use and subsequent to construction the use of such a building or part thereof is changed in such way that the reason for the exception no longer exists, the entire building or area as the case may be, shall be made to conform with the requirements of Section 5.09.

(7) If the use of an existing building or structure is changed and the requirements for the new use are more stringent than those for the previous use, the building or structure shall be made to comply with the requirements for the new use as provided by this ordinance.

5.12 LOCK BOXES

(1) The Fire Chief shall have the authority to require a key box to be installed in an accessible location where access to or within a structure or area is difficult because of security or where immediate access is necessary for life­saving or fire fighting purposes. The key box shall be a type approved by the Fire Chief and shall contain keys necessary to gain access as required by the Fire Chief. The operator of the premises shall immediately notify the fire department and provide the new key(s), any time a lock is changed or rekeyed and a key(s) to that lock is contained in the key box.

5.13 FIRE LANES

(1) Fire lanes shall be provided for all buildings that are set back more than 150 ft. from a public road or exceed 30 ft. in height and are set back over 50 ft. from a public road.

Exception: Where buildings are protected throughout with an approved automatic sprinkler system, the provisions of this section may be modified at the discretion of the Fire Chief.

(2) Fire lanes shall be not less than 20 ft. of unobstructed width, able to withstand live loads of fire apparatus and have a minimum of 13ft. 6 in. of vertical clearance. An approved turnaround for fire apparatus shall be provided where an access road is a dead end and is in excess of 150 ft. in length. The turnaround shall have a minimum centerline radius of 50 ft. When acceptable to the fire department, turnaround arrangements other than a cul­de­sac may be used.

(3) Fire lanes shall be marked with free­standing signs or marked curbs, sidewalks, or other traffic surfaces that have the words "FIRE LANE ­ NO PARKING" painted in contrasting colors at a size and spacing approved by the fire department. All signs shall be in conformity with the Manual on Uniform Traffic Control Devices.

(4) Fire lanes shall be maintained free of all obstructions at all times.

5.14 ACCESS IN CONSTRUCTION AREA

(1) During the course of construction, any major alteration, or demolition of any building:

(a) Access for Equipment. Access for use of heavy fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is completed.

(b) Access to Fire Hydrants. Free access from the street to fire hydrants, and to 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 (10) feet of such hydrants or connections, not between them and the centerline of the street.

(c) Access to First Aid Fire Equipment. During building operations, free access to permanent, temporary or portable first aid fire equipment shall be maintained at all times.

(d) Stairways. In all buildings over 50 feet in height, at least one stairway shall be provided in usable condition at all times. This stairway shall be extended upward as each floor is installed in new construction.

(e) Fire Department Access to Premises. Arrangements shall be made so that the Fire Department will have immediate access to the premises when called.

5.15 BURNING

(1) Closed Fires

No closed fire shall be allowed by any entity, person, firm, association, or corporation, except the following shall be exempt from this disallowance of closed fires:

(a) Approved incinerators.

(b) Fires in approved closed containers. All fires in approved closed containers shall comply with the following regulations:

(1) All openings on the sides and top shall be covered with wire screening; the wire of which shall not be smaller than #8 wire and the meshes of which shall not be more than one inch across.

(2) No burning shall be done closer than 10 feet from any building, structure, trees, shrubs, bushes or fence.

(3) Closed container burning must have favorable conditions in regard to wind direction and speed. No burning shall be allowed when the wind exceeds 7 mph, as measured at the Outagamie County Airport. [Revised 4/13/98]

(4) No closed container fire shall be allowed when the wind direction shall cause combustibles or ignited materials to be carried by the wind toward any building or other flammable materials.

(5) No closed container fire shall be allowed that causes smoke which is a public nuisance or causes a traffic hazard because of diminished visibility. "Public nuisance" is defined as set forth in Chapter 8 of the Town Ordinances.

(6) Closed container fires shall only occur during daylight hours.

(7) Closed container fires shall be attended at all times by at least one responsible person of age 16 years or older.

(8) Adequate fire suppression equipment shall be present to extinguish or control all fires. Adequate fire suppression equipment shall consist of shovels, fire extinguishers, water hoses, or other like equipment sufficient to extinguish an open fire and prohibit the spread of an open fire.

(9) Fuel for all closed container fires shall only consist of dry material. Closed container fires shall not be ignited with flammable or combustible liquids.

(10) Material for fires shall not include rubbish, garbage, trash, grass, any material made of or coated with rubber, plastic, leather or petroleum based materials and shall not contain any flammable or combustible liquids.

(11) The entity, person, firm, association, corporation or property owner shall be liable for any damage caused by any closed container fire, including the cost of any citations, and any and all costs incurred by the fire department concerning the fire.

(2) Open Fires

All open fires shall comply with the following requirements:

(a) Open fire burning must be at least 30 feet from any building, structure, trees, shrubs, bushes, fences, or any other combustible material.

(b) Open fire burning must have favorable conditions in regard to wind direction and speed. No open burning shall be allowed when the wind exceeds 7 mph, as measured at the Outagamie County Airport. [Revised 4/13/98]

(c) No open fire shall be allowed when the wind direction shall cause combustibles or ignited materials to be carried by the wind toward any building or other flammable materials.

(d) No open fire shall be allowed that causes smoke which is a public nuisance or causes a traffic hazard because of diminished visibility. "Public nuisance" is defined as set forth in Chapter 8 of the Town Ordinances.

(e) Open fires shall only occur during daylight hours.

(f) All open fires shall be attended at all times by at least one responsible person of age 16 years or older.

(g) Adequate fire suppression equipment shall be present to extinguish or control all open fires. Adequate fire suppression equipment shall consist of shovels, fire extinguishers, water hoses, or other like equipment sufficient to extinguish an open fire and prohibit the spread of an open fire.

(h) Material to be burned in all open fires shall be a small controllable pile no larger than four feet wide by four feet long by three feet high; however, agricultural fires in portions of the Town of Menasha zoned "agricultural" shall be a controllable fire no larger than ten feet wide by ten feet long by four feet high.

(i) Fuel for all open fires shall only consist of dry material. Open Fire shall not be ignited with flammable or combustible liquids.

(j) Material for open fires shall not include rubbish, garbage, trash, grass, any material made of or coated with rubber, plastic, leather or petroleum based materials and shall not contain any flammable or combustible liquids.

(k) The entity, person, firm, association, corporation or property owner shall be liable for any damage caused by any open fire, including the cost of any citations, and any and all costs incurred by the fire department concerning the open fire.

(3) Fires EXEMPT from the Open Burning Requirements

The following described fires shall be exempt from the open fire requirements described above:

(a) Approved training for fire protection purposes. The Town of Menasha Fire Department shall be the authority to determine approval of all such fires.

(4) Recreational Fires

"Recreational fires" are defined as follows: any such as a camp fire, portable fireplace or cooking fire located at a single or two­family private residence for the purpose of recreation and personal enjoyment. All recreational fires shall comply with the following requirements: [Revised 4/13/98]

(a) No recreational fire shall be closer than 15 feet from any building, structure, shed or garage.

(b) No recreational fire shall be closer than 10 feet from any trees, shrubs, bushes, fence or other combustible material.

(c) No recreational fire shall be in an area larger than three feet by three feet.

(d) All recreational fires shall be in a below ground fire pit with a minimum depth of 10 inches. The fire pit shall be surrounded on the outside, above ground, by a non­combustible material such as concrete block or rock. Approved portable fireplaces are exempt from pit requirement. [Revised 4/13/98]

(e) No recreational fire shall be started unless there are favorable conditions for burning with regard to wind direction and speed. No recreational fire shall be started at a time when the wind speed exceeds 10 mph, as measured at the Outagamie County Airport. [Revised 4/13/98]

(f) No recreational fire shall be started when the wind direction will cause combustibles or ignited materials to be carried by the wind toward any building or other flammable materials.

(g) All recreational fires shall be attended at all times by at least one responsible person of age 16 or older.

(h) Burning material for recreational fires shall consist only of untreated wood or charcoal.

(5) Outdoor Cooking Fire

Open or closed outdoor cooking fires (barbecue grills) and approved grills and/or containers are exempt from the open fire requirements and the closed fire requirements described hereinabove except as follows: (author's note: these three words are being underlined to add emphasis per the Fire Chief)

(a) For all multi­family dwellings more than one story in height, the use and/or storage of any propane or charcoal portable cooking device or any portable fireplace device is strictly prohibited above the first floor occupancy.

(b) For all multi­family dwellings more than one story in height, the use of any open or closed outdoor cooking fire, charcoal portable cooking device, any portable fireplace device, or any open flame device are prohibited within fifteen feet of the structure on the ground floor or any combustible material on the ground floor.

(6) Emergency Powers of the Fire Chief

When the Fire Chief determines there are environmental conditions likely to produce a serious threat of fire to life and property, it shall be the duty of the Fire Chief of the Fire Department to impose a burning ban and burning restrictions and require that no person may:

(a) Set, build or maintain any open fire, except:

(1) Charcoal grills when in the immediate vicinity of a residential dwelling and when placed on a non­combustible surface, or

(2) Gas grills or camp stoves.

(b) Throw, discard or drop matches, ashes, or other burning material while outdoors in the immediate vicinity of combustible natural vegetation.

(c) Light or use any fireworks, as defined per Wisconsin Statutes, or caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone foundations that emit sparks and smoke except in displays or use as authorized by the Fire Department where adequate fire prevention measures have been taken.

(d) Such a ban described above shall be lifted when the environmental conditions change so that a serious threat is no longer present.

5.16 FLAMMABLE AND COMBUSTIBLE LIQUIDS STORAGE

(1) Authority.

The most current version of the Wisconsin Administrative Code, Chapter ILHR 10, Flammable and Combustible Liquids is hereby adopted, incorporated herein at length by reference and made part of the Town of Menasha Ordinance 5.16. The Town of Menasha Fire Department shall also be adopted as part of the authorized inspection authority related to storage tank inspections pursuant to the Professional Services Contract between DILHR and the Town of Menasha. A Winnebago County zoning permit must first be obtained by any parties installing any flammable and combustible liquid storage tanks in the Town of Menasha.

(2) Inspection Requirements ­ Scope of Service

The Town of Menasha Fire Department shall perform the following inspection duties related to the storage of flammable and combustible liquids in the Town of Menasha:

(a) Complete plan examinations for all tank installations of less than 5,000 gallons. Approve/disapprove plans which are submitted based upon criteria established in ILHR 10, or successor State law.

(b) Recommend permit fees, for approval by the Town Board, for all work related to the installation and alterations of tanks less than 5,000 gallons and permit fees for all tank removals.

(c) Perform installation inspections for tank systems reviewed at either the state or local level.

(d) Authorize stop work orders when violations of ILHR 10 have occurred.

(e) Perform the annual inspection of federally regulated tank systems for compliance with leak detection, operation and maintenance and the closure requirements established in ILHR 10.

(f) Perform inspections at the closure of tank systems.

(g) Perform any and all duties or authority as set forth in ILHR 10, the Town of Menasha Municipal Code, or the contractual inspection agreement with DILHR, as necessary and determined by the Town of Menasha Fire Department.

(3) Inspection Requirements ­ Notice

Notice inspection requirements shall be as follows:

(a) The Town of Menasha Fire Department shall be notified ten (10) days in advance of any underground storage tank removal.

(b) Twenty­four (24) hour minimum advance notice shall be required for any canceled installation, upgrade, or removal inspection appointment.

(4) Fees

(a) Plan Review fees shall be as follows:

(1) 5,000 gallons or greater: state authority determines fee.

(2) Less than 5,000 gallons: $35.00 plus $10.00 for each additional tank.

(3) Resubmitted Plans (corrected): $30.00 per submittal.

(b) New Installation Inspections fees shall be as follows:

(1) Tanks 5,000 gallons or greater: state au thority determines fee.

(2) Less than 5,000 gallons: $100.00 plus $50.00 for each additional tank located on the same lot.

(c) Upgrades Plan Review and Inspection fees shall be as follows:

(1) Tanks 5,000 gallons or greater: state authority determines fee.

(2) Less than 5,000 gallons: $22.00 Plan Review, $43.00 Site Inspection.

(d) Revision of previously approved plans : $22.00

(e) All underground storage tank removals: $60.00 per tank.

(5) Penalty

(a) Any person, firm, association or corporation who shall violate any of the provisions of Section 5.16 shall, upon conviction of such violation, be subject to a penalty as follows:

(1) First Offense Penalty:

A stop work order shall be issued until compliance has occurred, and a forfeiture not less than $50.00 nor more than $200.00, together with the costs of prosecution, and in default of such payment of said forfeiture and costs of prosecution, imprisonment in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.

(2) Second Offense Penalty:

Same as for a First Offense Penalty; however, the forfeiture shall be not less than $100.00 nor more than $400.00.

(3) Each violation, and each day a violation continues or occurs, shall constitute a separate offense. Nothing in this ordinance shall preclude the Town of Menasha from maintaining any appropriate action to prevent or remove a violation of this ordinance.

5.17 FIREWORKS

(1) The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Dayglo bombs, sparklers, or other fireworks of like construction and any bombs, sparklers, or other fireworks of like construction and any fireworks containing an explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable acro models and shall not include toy pistols, toy canes, toy guns or other devices in which paper and/or plastic caps with the United States Department of Transportation regulations for packing and shipping of toy paper and/or plastic caps are used and toy paper and/or plastic caps manufactured as provided herein, neither shall it include gold star producing sparklers on wires which contain no magnesium, chlorate, or perchlorate, nor shall it include toy snakes which contain no mercury, the sale and use of which shall be permitted at all times. Each package containing toy paper and/or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap.

(2) Except as hereinafter provided, no person, firm, partnership, or corporation shall offer for sale, expose for sale, sell or retail, keep with the intent to sell at retail, or use or explode any fireworks, provided that the Town of Menasha Fire Department, Fire Prevention

Bureau, may adopt reasonable rules and regulations for the granting of permits for supervised displays of fireworks by fair associations, amusement parks, and other organizations or groups of individuals.

Such permits may be granted upon application to said Fire Prevention Bureau and after approval of the Town of Menasha Police Department and the filing of a bond by the applicant as provided hereinafter. Every such display shall be handled by a competent operator licensed or certified as to competency by the Fire Prevention Bureau, and shall be of such a composition, character, and so located, discharged or fired as in the opinion of the Chief of the Fire Department, after proper inspection, and of the Chief of Police shall not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(3) The Town Board shall require a bond from the licensee in a sum not less than two thousand dollars ($2,000) conditioned on compliance with the provisions of this law and regulations of the Fire Prevention Bureau adopted hereunder.

(4) Before any permit for a pyrotechnic display shall be issued, the person, firm, or corporation making application therefor shall file a certificate of Liability Insurance in the amount of not less than $300,000 per accident and $500,000 per occurrence to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm, or corporation or any agent or employee thereof, in such amount, character, and form as the Fire Prevention Bureau determines to be necessary for the protection of the public.

(5) No permit shall be issued under the provisions of this act to a nonresident person, firm, or corporation for conduct of a pyrotechnic display in this Town until such person, firm, or corporation shall have appointed in writing a member of the bar of this state and residing therein to be his attorney upon whom all process in any action or proceeding against him may be served.

(6) Nothing in this ordinance shall be construed to prohibit the use of fireworks by railroads or their transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or the use of fireworks for agricultural purposes under conditions approved by the Fire Prevention Bureau.

(7) The Town of Menasha Police Department shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this act.

(8) Any person, firm, copartnership, or corporation violating the provisions of this act upon conviction thereof shall be punished by a fine not less than $100 nor more than $1,000 or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment.

Application for Permits

(1) Application for a permit to operate a display of fireworks in conformance with the terms of Ordinance 5.17 of the Ordinances of the Town of Menasha shall be made in writing on forms provided by the Fire Prevention Bureau to the Chief of the Fire Department.

(2) Such application shall require the following:

(a) The name of the organization sponsoring the display together with the names of persons actually in charge of firing of the display.

(b) Evidence of financial responsibility.

(c) The date and time of day at which the display is to be held.

(d) The exact location planned for the display.

(e) A description setting forth the age, experience, and physical characteristics of the persons who are to do the actual discharging of the fireworks.

(f) The number and kinds of fireworks to be discharged.

(g) The manner and place of storage of such fireworks prior to the display.

(h) A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communications, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines or other overhead obstruction.

(3) Upon receipt of such application at least 15 days in advance of the date set for this display, the Chief of the Fire Department shall make or cause to be made an investigation of the site of the proposed display for the purpose of determining whether the provisions of these regulations are complied with in the case of the particular display. He shall confer with the Chief of the Police Department about the application and whether issuance of a permit would be consistent with public safety. Being satisfied that the display is properly lawful, the Chiefs of the Police and Fire Departments shall together endorse the application, stating that they approve the display as being in conformance with all parts of the law and with these regulations. Failure to approve the application by either the Fire Chief or Police Chief shall be sufficient cause to deny permit.

(4) The application, following endorsement by the Chiefs of the Fire and Police Departments, shall be sent to the Town Clerk who shall then, upon receipt of evidence of financial responsibility as required by this ordinance in such cases, issue a nontransferable permit authorizing the display.

(5) No permit shall be granted for any display of fireworks where the discharge, failure to fire, faulty firing, or fallout of any fireworks or other objects would endanger persons, buildings, structures, forests, or brush, nor in any case where the point at which fireworks are to be fired is less than 200 feet from the nearest permanent building, public highway, railroad, or other means of travel or 50 feet from the nearest aboveground telephone or telegraph line, tree, or other overhead obstruction. In no case shall such a display be within 500 feet of a school, theater, church, hospital, or similar institution.

(6) Spectators at a display of fireworks shall be restrained behind lines or barriers as designated by local authorities but in no case less than 200 feet from the point at which the fireworks are to be discharged. Only authorized persons and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation, or firing of fireworks.

(7) All fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearly as possible in a vertical direction, provided that where such fireworks are to be fired beside a lake or other large body of water, they may be directed in such a manner that the falling residue from the deflagration will fall into the said body of water.

(8) Any fireworks that remain unfired after the display is concluded shall be immediately disposed of or removed in a manner safer for the particular type of fireworks. The debris from the discharged fireworks shall be properly disposed of by the operator before he leaves the premises. The operator, upon conclusion of the display, shall make a complete and thorough search for any unfired fireworks or pieces which failed to fire or function and shall dispose of them in a safe manner. Such search shall be instituted at the earliest possible time following the conclusion of the display but in no event later than the first period of daylight which follows.

(9) No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 20 miles per hour.

(10) All fireworks articles and items at places of display shall be stored in a manner and in a place secure from fire, accidental discharge, and theft and in a manner approved by the Fire Prevention Bureau.

(11) The person in actual charge of the firing of the fireworks in a display shall be able­bodied, at least 18 years of age, competent for the task, and so certified by the Fire Prevention Bureau. Such operator shall have his certificate of competency in his possession when engaged in conducting a display and shall exhibit same on request of any authorized person. Said certificate of competency may be revoked by the Fire Prevention Bureau or the Town of Menasha Police Department for any violation of these regulations or where the holder's conduct or condition of sobriety is such as to imperil the public safety. Each person assisting the certified operator shall be able­bodied, at least 18 years of age, and capable of reading, writing, speaking, and understanding the English language.

(12) There shall be at all times no fewer than two operators of the display constantly on duty during the discharge, at least one of whom shall be certified.

(13) Fire protection and extinguishing equipment shall be provided as required by the Chief of the Fire Department.

(14) The person to whom a permit has been issued shall arrange for the detailing of one member of the Fire Department or such larger number as may be deemed necessary by the Chief of the Fire Department. Fire Department personnel shall be on duty from the time the fireworks are delivered at the site until the termination of the display and the removal of all fireworks and debris from the site. The expense for such fire fighters shall be paid by the permittee.

5.18 REFERENCE STANDARDS

(1) Wherever in this subchapter or during code enforcement practices reference is made to nationally recognized good or safe practice, the intent is that the practice to be followed shall be reasonable and safe, as determined by the Fire Chief.

(2) The Fire Chief may refer, among other standard publications, to the National Fire Code, as published by the National Fire Protection Association, for determining what is reasonable and safe.

(3) The Fire Chief shall maintain in his office, available for public inspection and use during regular office hours, a complete set of the National Fire Code and all other publications which he may use as a basis for his decisions as to what is nationally recognized good practice.

(4) The Chief, on request of any person affected by any decision as to what constitutes nationally recognized good practice, shall identify the specific provisions of the National Fire Code or other standard publications on which he bases his decision. If any person is aggrieved by any decision, he may appeal to the Town Board of Supervisors.

(5) Any publications used to determine nationally recognized good practice shall be broadly construed to determine intent, but no provisions contrary to the Wisconsin Administrative Code or any other ordinance of the Town shall be used as a reference.

(6) All standards referred to elsewhere in this subchapter providing test criteria as to the suitability of materials for their intended uses will be found in the most recent edition of the National Fire Code.

5.19 PENALTIES

(1) Any person, firm, association or corporation who shall violate any of the provisions of this Chapter, specifically sections 5.02, 5.06, 5.07 through 5.18 shall, upon conviction of such a violation, be subject to a penalty, as follows:

(a) First Offense Penalty. Any person, firm, association or corporation who shall violate any provisions of this ordinance shall subject to a penalty shall, upon conviction thereof, forfeit not less than $50.00 nor more than $200.00, together with the costs of prosecution, and in default of such payment of said forfeiture and costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.

(b) Second Offense Penalty. Any person, firm, association or corporation who shall violate any provisions of this ordinance who shall previously have been convicted of violation of the same provision, shall, upon conviction thereof, forfeit not less than $100.00 nor more than $400.00, together with the costs of prosecution, and in default of such payment of said forfeiture and costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.

(c) Each violation, and each day a violation continues or occurs, shall constitute a separate offense. Nothing in this ordinance shall preclude the Town of Menasha from maintaining any appropriate action to prevent or remove a violation of this ordinance.

5.20 SEVERABILITY

The provisions of this Chapter shall be deemed severable, and it is expressly declared that the Town Board would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid, and if any provision of this Chapter or the application thereof to any person, firm, association or corporation is held invalid, the remainder of the ordinance and the application of said provisions to other persons, firms, associations or corporations shall not be affected thereby.