CHAPTER 5

FIRE DEPARTMENT AND FIRE REGULATIONS

(1) No person shall burn or cause to be burned any leaves, grass, wood, rubbish or other combustible material on any street, alley, sidewalk or driveway in any district within the City at any time.

(2) No person shall burn or cause to be burned any leaves, grass, wood rubbish or other combustible material outdoors on any lot or parcel of land in any district within the City at any time without a burning permit. The provisions of this subsection, however, shall not apply to the burning of natural or LP gas, charcoal, dry wood or similar substances outdoors in vessels designed for cooking purposes only when such burning does not constitute a fire hazard or the burning of dry wood in an outdoor fireplace as set forth in paragraph (b) below.

(a) A burning permit may be issued by the Fire Department for prescribed vegetation management purposes subject to reasonable conditions to mitigate fire hazards. In addition to the permit fee prescribed in paragraph (c) below, the Fire Department may charge the actual cost of any supervision or inspection required. Supervision and inspection costs shall be billed to the owner of the property upon which supervision or inspection is required. If not paid within thirty (30) days of billing, said costs shall be assessed against the property as a special charge pursuant to Wis. Stats. §66.0627. Burning permits shall apply to individual parcels or occupancies and are not transferable from person to person, parcel to parcel or occupancy to occupancy; however, burning permits may encompass multiple parcels under common ownership if part of a common vegetation management project. The fee for a burning permit shall be $40.00 payable upon application.

(b) Dry wood may be burned in commercially manufactured outdoor recreational fireplaces that are certified by a nationally recognized listing agency or non-commercially constructed brick fireplaces with chimneys approved by the Building Inspector according to applicable building codes subject to the following conditions:

1. The fireplace must be an assembly that includes a bowl, pit or device for holding the wood and a method of containing embers and sparks.

2. Only dry wood, entirely contained within the device, is permitted to be burned.

3. No outdoor fireplace shall be used within fifteen (15) feet of any structure or five (5) feet of any lot line unless the fireplace is a brick fireplace and closer placements are approved by the Building Inspector according to applicable building codes.

4. The smoke shall not create a nuisance for other properties, obstruction of vehicle travel, or health concerns of others.

5. No fireplace shall be used on a wood deck, porch, or patio.

6. An ABC type fire extinguisher, charged garden hose, or other method of first aid fire control must be readily available.

7. The fireplace must be supervised or attended at all times while in use by a responsible adult over the age of 18. The fire must be completely extinguished before the fireplace is left unsupervised.

8. Use of the unit shall be discontinued when atmospheric conditions are unfavorable or make the use of the device hazardous. Conditions include but are not limited to winds in excess of 10 miles per hour and excessive dry weather conditions as declared by the Fire Department. Fireplace operators shall be responsible for checking with the Fire Department by phone or other means prescribed by the Fire Chief to determine whether hazardous conditions exist. No burning will be allowed if wind conditions will cause smoke, embers or other burning materials to be carried toward any building or other combustible material.

(3) No person shall cause or permit any accumulation of junk, scrap material, waste paper or wood products, or other waste materials on premises owned by him or her or under his or her control, if such material constitutes a fire hazard.

(4) Whoever shall violate any provision of this section shall be subject to a penalty as prescribed by Section 30.04 of this Code. The Fire Department may extinguish any fire ignited or maintained contrary to this section. The City may regardless of whether it seeks a forfeiture seek any other remedies prescribed by law to address violations of this section.

(5) Burning permits shall be issued by the fire department, when such permits are granted, they will be based upon atmospheric conditions, local circumstances, property line or structural setbacks that might make the fires hazardous. Persons utilizing and maintaining outdoor fires shall be responsible for monitoring these conditions, and shall be responsible for any liability resulting from damage caused by the fire.