Chapter 8.16
FIRE PREVENTION INSPECTIONS AND REGULATIONS
Sections:
8.16.010 Fire chief—Enforcement duties.
8.16.020 Fire chief—Inspection duties.
8.16.040 Investigation of fires—Reports.
8.16.050 Fire drills in schools.
8.16.070 Chief’s annual report.
8.16.080 Enforcement of state department orders.
8.16.090 Fire prevention inspection fees.
8.16.100 Roadway vehicle emergency response.
8.16.110 Penalty for violation of this chapter.
8.16.010 Fire chief—Enforcement duties.
The chief of the fire department shall, among his or her other duties, enforce all laws, ordinances, regulations, rules and orders 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 private 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, asylums, 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 investigation of the cause, origin and circumstances of fires. He or she shall have such other powers and perform such other duties as are set forth in other sections of this chapter, and as may be conferred and imposed from time to time by law;
G. The enforcement of those procedures designed to ensure that fire apparatus will have emergency vehicle access to private roadways leading to emergency access lanes and to emergency access lanes at all times. (Ord. 2318-13 § 3 (part), 2013; prior code § 5.10(1))
8.16.020 Fire chief—Inspection duties.
The fire chief or any officers or members of the fire department, designated by the chief, shall:
A. At all reasonable hours enter any building or premises, except the interior of private dwellings, within the jurisdiction for the purpose of making any inspection or investigation which, under the provisions of this chapter, he or she may deem necessary to be made;
B. Inspect as often as may be necessary at least once per calendar year and with no interval greater than fifteen (15) months, all public buildings and places of employment for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of any law or ordinance relating to fire hazards or to the prevention of fires.
C. Upon the complaint of any person or whenever he shall deem it necessary, inspect all buildings and premises within the jurisdiction. Whenever the chief shall find any building or other structure which, for want of repair, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever the chief shall find that there is contained in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied;
D. Upon the complaint of any person or whenever he or she shall deem it necessary to inspect, or cause to be inspected, all buildings and premises, except the interiors of private dwellings, for violations of the provisions of any ordinance of the city or any provision of the Wisconsin Fire Code related to ensuring that emergency access lanes remain open to emergency vehicles at all times and shall issue the necessary orders, including the directive that vehicles be ticketed by the police department or towed when obstructing emergency access lanes. (Ord. 2318-13 § 3 (part), 2013: Ord. 1776 § 2, 2001; prior code § 5.10(2))
8.16.030 Service of orders.
The service of such orders, as mentioned or required by Sections 8.16.020(B) through (D), 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 a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with the person a copy of such order or, if such owner is absent from the city, by mailing such copy to the owner’s last known post office address. Any such order shall forthwith be complied with by the owner or occupant of such premises or building. (Ord. 2318-13 § 3 (part), 2013: prior code § 5.10(3))
8.16.040 Investigation of fires—Reports.
The fire chief shall investigate the cause, origin and circumstances of every fire occurring in the city by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigation shall be begun immediately upon the occurrence of a fire and, if it appears to the chief that such fire is of suspicious origin, he or she shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. (Ord. 2318-13 § 3 (part), 2013: prior code § 5.10(4))
8.16.050 Fire drills in schools.
All public and private schools shall conduct evacuation drills in accordance with Section 118.07, Wisconsin Statutes, Health and Safety Requirements. The person having direct charge of any public or private school shall annually file a report pertaining to such drills on a form furnished by the department of safety and professional services with the chief of the fire department. (Ord. 2455-16 § 3, 2016)
8.16.060 Record of fires.
The fire chief shall be responsible for reporting fires and maintaining a database in accordance with Fire Incident Reporting: SPS 314.01(11). (Ord. 2318-13 § 3 (part), 2013: prior code § 5.10(6))
8.16.070 Chief’s annual report.
The annual report of the fire chief shall, in addition to other requirements of law, contain all proceedings under this chapter with such statistics as he may wish to include therein. (Prior code § 5.10(7))
8.16.080 Enforcement of state department orders.
The fire chief and such members of the department designated by him or other lawful authority for the purpose shall enforce the laws of the state and all rules, regulations and orders of the Wisconsin Department of Safety and Professional Services relating to fire prevention, explosives, flammable liquids and the like, and violations of such laws, rules, regulations and orders, and orders of the chief directing compliance therewith shall be punishable as hereinafter provided. The rules, regulations and orders of the Wisconsin Department of Safety and Professional Services relating to fire hazards and fire prevention may, in the discretion of the chief, be adopted as standards regulating fire prevention in and around private dwellings, as well as places of employment and public buildings, and he or she may issue orders directing the owner or occupant to comply therewith; violations of such orders shall be punishable as hereinafter provided. (Ord. 2318-13 § 3 (part), 2013: Ord. 1819 § 2 (part), 2001; prior code § 5.10(8))
8.16.090 Fire prevention inspection fees.
A. An annual fire prevention fee shall be charged to the property owner for the required inspection of each building, structure and premises in the city. This fee shall apply to taxable property and tax exempt property alike.
B. The fees shall be as follows:
|
Structure |
Fee |
|---|---|
|
1. Residential multifamily |
$8.89 |
|
2. Motel/hotel |
$5.25 per guest room |
3. High life safety facilities (hospitals, nursing homes, community-based residential facilities). Square footage refers to the floor area of any building or structure:
|
Under 5,000 square feet |
$99.35 |
|
5,000—25,000 square feet |
$212.10 |
|
25,001—50,000 square feet |
$294.84 |
|
50,001—75,000 square feet |
$395.20 |
|
75,001—100,000 square feet |
$495.97 |
|
100,001—125,000 square feet |
$594.88 |
|
125,001—150,000 square feet |
$732.16 |
|
More than 150,000 square feet |
$732.16, plus $104.98 per each additional 25,000 square feet over 150,000 square feet |
4. All other buildings subject to the Wisconsin Commercial Building Code. Square footage refers to the total floor area of any building or structure:
|
Under 5,000 square feet |
$53.56 |
|
5,000—25,000 square feet |
$104.98 |
|
25,001—50,000 square feet |
$156.67 |
|
50,001—75,000 square feet |
$225.21 |
|
75,001—100,000 square feet |
$262.44 |
|
100,001—125,000 square feet |
$311.72 |
|
125,001—150,000 square feet |
$366.34 |
|
More than 150,000 square feet |
$366.34, plus $53.56 per each additional 25,000 square feet over 150,000 square feet |
C. The annual fire prevention inspection fee shall constitute a special charge against the property under Section 66.0628, Wisconsin Statutes, and shall be invoiced to property owners in July of each year. Any fees remaining unpaid as of November 1st of each year shall be placed on the annual tax roll for collection as a special charge together with an administrative charge of twenty dollars ($20.00) per parcel. All proceedings related to the collection of real estate taxes shall apply.
D. All buildings, structures and premises owned by the city shall be exempt from the annual fire prevention inspection fee. (Ord. 2318-13 § 3 (part), 2013; Ord. 2282-12 § 1, 2012)
8.16.100 Roadway vehicle emergency response.
In the event the city of Brookfield fire department or emergency medical services equipment and personnel is dispatched to the scene of a motor vehicle accident on any highway that is part of the national system of interstate highways and maintained by the Department of Transportation, those persons involved in the accident shall reimburse the city for the costs associated with providing the service, regardless of issues of fault or causation, etc. The rates for reimbursement shall be up to the maximum as set forth in Section 60.557(2), Wisconsin Statutes, and any amendments or recreations thereto. (Ord. 2184-09 § 1, 2009)
8.16.110 Penalty for violation of this chapter.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 26, 2019)