HomeMy WebLinkAbout26. 19-638
NOVEMBER 26, 2019 DECEMBER 10, 2019 19-611 19-638 ORDINANCE
FIRST READING SECOND READING
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PURPOSE: REPEAL & RECREATE CHAPTER 13 FIRE PREVENTION
INITIATED BY: FIRE DEPARTMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND
RECREATING CHAPTER 13 FIRE PREVENTION
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Chapter 13 of the Oshkosh Municipal Code pertaining to
Adoption of Fire Prevention Codes be repealed and recreated to read as attached to this
Ordinance.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage and publication, except that section 13-7 pertaining to outdoor fires, outdoor
fireplaces, cooking fires and barbecue grills, kettles and outdoor hibachis shall be effective
on and after passage, publication and beginning on April 1, 2020.
SECTION 3. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #19-638 REPEAL &
RECREATE CHAPTER 13 FIRE PREVENTION (A GENERAL ORDINANCE OF THE CITY
OF OSHKOSH REPEALING AND RECREATING CHAPTER 13 FIRE PREVENTION) on
December 10, 2019. The ordinance repeals and recreates Chapter 13 of the Municipal
Code pertaining to Fire Prevention to clarify provisions, update references to state codes
and other fire regulations, update terminology pertaining to the fire prevention program,
clarify provisions and require permitting for certain outdoor fires, to make provisions for
the city to utilize outside entities for the purposes of gathering inspection records, to
require the installation of lock boxes for new or substantial construction on buildings
except for one and two family dwellings, and removes ordinance references to specific
fees which will be included in the City’s fee resolutions as adopted by Council. The full
text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue
and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011.
City of Oshkosh Municipal Codes
Revised 12/14/19
CHAPTER 13
FIRE PREVENTION AND PROTECTION
13-1 INTENT OF CHAPTER
13-2 ENFORCEMENT BY FIRE CHIEF
13-3 RIGHT OF ENTRY
13-4 FIRE INSPECTION REQUIRED BEFORE OCCUPANCY
13-5 FIRE PREVENTION DIVISION
13-6 ADOPTION OF FIRE PREVENTION CODES
13-7 OPEN OUDOOR FIRES, OUTDOOR FIREPLACES, COOKING FIRES, AND BARBEQUE
GRILLS, KETTLES, AND OUTDOOR HIBACHIS
13-8 FREQUENCY OF INSPECTIONS
13-9 NON-ROUTINE INSPECTIONS,PERMITS,AND SERVICES
13-10 THIRD-PARTY INSPECTIONS AND REPORTING SYSTEMS
13-11 SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS
13-12 FALSE ALARMS
13-13 LOCK BOX
13-14 RESERVED(POSTING OF OCCUPANCY LOAD REPEALED)
13-15 PROHIBITED DISCHARGES &REIMBURSEMENT
13-16 TO ASSIST AND OBEY ORDERS OF FIRE DEPARTMENT OFFICERS
13-17 RESISTING OFFICER OR MEMBER OF FIRE DEPARTMENT
13-18 DAMAGING FIRE HOSE OR APPARATUS PROHIBITED
13-19 UNAUTHORIZED USE OR OBS 1'RUCTION OF FIRE HYDRANTS PROHIBITED
13-20 PENALTIES
City of Oshkosh Chapter 13—Page 1 Municipal Codes
City of Oshkosh Municipal Codes
Revised 12/14/19
SECTION 13-1 INTENT OF CHAPTER
It is the intention of this Chapter to prescribe regulations consistent with nationally recognized
standard practices for safeguarding, to a reasonable degree, life and property from the hazards of fire
and explosion. These hazards may arise from the storage, handling, and use of hazardous substances,
materials and devices. Hazards may also arise from conditions that are hazardous to life and property
that are related to the use or occupancy of buildings, premises, or property, including the adequacy of
exit systems.
SECTION 13-2 ENFORCEMENT BY FIRE CHIEF
The Fire Chief shall have the authority to take all lawful measures related to fire protection within the
City of Oshkosh. In particular, the Fire Chief shall have the authority to enforce the provisions of this
Chapter. The Fire Chief shall have the City and State designation of the "authority having jurisdiction"
as that phrase may be used in all matters concerning this Chapter and related fire prevention activities.
The Fire Chief may appoint a Fire Marshal or other designee who will act on the Chief's behalf in
matters concerning fire prevention.
SECTION 13-3 RIGHT OF ENTRY
(A) For purposes of this Section, an "authorized representative" shall include all members of the
Fire Prevention Program and all employees of the Fire Department.
(B) The Fire Chief or his/her authorized representative shall have the authority to enter a building,
structure, premises, or property at a reasonable time, with or without notice, to perform any
lawful inspection or enforcement action,both routine and non-routine, that are authorized by
this Chapter.
C When circumstances arise where the Fire Chief or his/her authorized representative has
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reasonable cause to believe that there exists in any building or upon any premises any condition
which makes such building, structure, premises, or property unsafe to the public, to those in or
using the building, structure, premises, or property, to any other persons, entity, or class
otherwise benefitting from the protections of this Chapter, then the Fire Chief or his/her
authorized representative may at their discretion enter such building or premises at all
reasonable times to inspect the building or premises or to perform any actions authorized by
this Chapter.
(D) If such building, structure, premises, or property is occupied, the Fire Chief or authorized
representative shall first present proper credentials and demand entry. If such building or
premises is unoccupied, he/she shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and demand entry. If such entry is
City of Oshkosh Chapter 13—Page 2 Municipal Codes
City of Oshkosh Municipal Codes
Revised 12/14/19
refused, the Fire Chief or his/her authorized representative, shall have recourse to every remedy
provided by law to secure entry. If the owner or occupant denies entry, the Fire Chief or his/her
authorized representative may at their discretion obtain a proper inspection warrant or seek any
other remedy provided by law to secure entry.
(E) No property owner, occupant, or any other person having charge, care or control, of any
building, structure, premises, or property shall fail or neglect, after proper request by the Fire
Chief or authorized individual is made as provided herein, to promptly permit entry by the Fire
Chief or his/her authorized representative for the purpose of performing an inspection or any
action authorized by this Chapter.
SECTION 13-4 FIRE INSPECTION REQUIRED BEFORE OCCUPANCY
No person shall occupy or change the occupancy of a building or structure subject to Wisconsin
Administrative Code, SPS Chapters 350-365 in the Wisconsin Commercial Building Code, or the locally
adopted International Fire Code used by or for public assembly, industrial, institutional, multifamily,
office, or mercantile purposes until such building or structure has been inspected by the Fire
Department.
SECTION 13-5 FIRE PREVENTION PROGRAM
(A) CREATION
The Fire Chief shall create and maintain a Fire Prevention Program within the City of Oshkosh Fire
Department.
(B) ORGANIZATION
(1) The Fire Chief shall appoint a Fire Marshal to supervise the activities and functions of the
Fire Prevention Program. In the Fire Chief's absence, the Fire Marshal shall have the
authority to delegate fire prevention activities.
(2) The Fire Chief shall appoint additional members of the Department, as he/she deems
necessary, to perform fire prevention duties. .
(C) DEFINITIONS
(1) "Approved," as used in this Chapter,means approval granted by the Fire Chief or the Fire
Marshal pursuant to the regulations of this Chapter.
City of Oshkosh Chapter 13—Page 3 Municipal Codes
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Revised 12/14/19
(2) "Authority having jurisdiction," as used in the Wisconsin Administrative Code or IFC
Codes or Standards adopted herein,means the City,the Fire Department,the Fire Chief,or
the Fire Marshal or their designee.
(3) "Fire Chief,"means the Chief Officer of the Fire Department serving a jurisdiction,or a duly
authorized representative.
(4) "Marshal," means the Fire Marshal, or their designee, as the person in charge of the Fire
Prevention Program,which is a Division of the City Fire Department. The Fire Protection
Program is responsible for fire prevention duties including, but not limited to, code
enforcement,conducting fire inspections,public information work,fire investigations,and
other activity which may have as its purpose the prevention of fire and the reduction of life
and property losses from fire.
SECTION 13-6 ADOPTION OF FIRE PREVENTION CODES
(A) This Chapter adopts the State of Wisconsin, Division of Safety and Professional Services
Administrative Codes(DSPS),the Wisconsin Enrolled Building Code,the National Fire Protection
Association (NFPA) incorporated standards and the International Fire Code 2015 (IFC) shall be
adopted in place of DSPS Chapter 314, Subchapter I, Section 314.001(2).
(B) The following rules and regulations together with any future additions, deletions or supplements
thereto,are herewith incorporated as part of this Chapter and shall be enforced with the same force
and effect as though set forth in full herein. Providing, however, that where such rules and
regulations are less stringent than other provisions found in this Code,the provisions of this Code
shall apply.
(1) (a) International Fire Code (IFC)2015 Chapter 1, Scope and Administration, Sections:
Section 101: SCOPE AND GENERAL REQUIREMENTS
Section 102: APPLICABILITY
Section 104: GENERAL AUTHORITY AND RESPONSIBILITIES
Section 106: INSPECTIONS
Section 107: MAINTENANCE
Section 110:UNSAFE BUILDINGS
Section 111: STOP WORK ORDER
Section 112: SERVICE UTILITIES
(b) International Fire Code (IFC)2015 Chapters 2-67
(c) International Fire Code (IFC)2015—Appendix B, C, &D
City of Oshkosh Chapter 13—Page 4 Municipal Codes
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Revised 12/14/19
(d) The Geographic limits referred to in certain sections of the 2015 International Fire Code
are hereby established as follows:
Section 5501.0 The storage of flammable cryogenic fluids in stationary containers is
prohibited on properties zoned residential or within one thousand (1,000) feet of a
property line of property zoned residential unless allowed by the Fire Chief or his/her
designee.
Section 5704.2.9.6.1 The storage of Class I and Class II liquids in above-ground tanks
outside of buildings is prohibited on properties zoned residential or within one
thousand(1,000)feet of a property line of property zoned residential unless allowed by
the Fire Chief or his/her designee.
Section 5706.2.4.4 The storage of Class I and Class II liquids in above-ground tanks is
prohibited on properties zoned residential or within one thousand (1,000) feet of a
property line of property zoned residential unless allowed by the Fire Chief or his/her
designee.
(2) Wisconsin Administrative Codes
Flammable and Combustible Liquids Code, ATCP 93, Wis. Admin. Code
Fire Prevention Code, SPS 314, Wis. Admin. Code
Smoke Detectors and Carbon Monoxide Detectors, SPS 328
(3) Wisconsin Administrative Codes
Flammable and Combustible Liquids Code, ATCP 93, Wis. Admin. Code
Fire Prevention Code, SPS 314, Wis. Admin. Code
Smoke Detectors and Carbon Monoxide Detectors, SPS 328
(C) Section 167.10 of the Wisconsin Statutes pertaining to Regulation of Fireworks, together with any
future additions,deletions or supplements thereto,is herewith incorporated as part of this Chapter
and shall be enforced with the same force and effect as though set forth in full herein. Providing,
however, that where such rules and regulations are less stringent than other provisions found in
this Code, the provisions of this Code shall apply.
(1) Notwithstanding any provision of this Code to the contrary,no person may sell,possess or
use fireworks, as that term is defined by Section 167.10(1)of the Wisconsin Statutes as may
be amended from time to time, within the City; except that the use of fireworks may be
allowed by appropriate permit issued by the fire chief.
(D) International Fire Code(IFC)2015 Chapter 3,Section 307 Open Burning,Recreational Fires and Portable
Outdoor Fireplaces is hereby adopted
City of Oshkosh Chapter 13—Page 5 Municipal Codes
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Revised 12/14/19
THE FOLLOWING SECTION,SECTION 13-7,SHALL HAVE AN EFFECTIVE DATE OF APRIL 1,2020:
SECTION 13-7 OPEN OUTDOOR FIRES, OUTDOOR FIREPLACES,COOKING FIRES AND
BARBEQUE GRILLS,KETTLES,AND OUTDOOR HIBACHIS
(A) Except as stated in paragraph (B), below, no open outdoor fires, including fires confined within
outdoor fireplaces and outdoor cooking fires,shall be started by any person unless a permit is first
obtained from the Fire Department. No permit shall be granted for open burning for multifamily
occupancies without separate private yards for each tenant, nor without the property owner's
permission,nor in a public right-of-way, alley, or other public thoroughfare.
(B) Fires fueled by natural gas,propane,or charcoal in commercially manufactured appliances are not
subject to permitting by the Fire Department, but remain subject to any other permitting or
regulations that may be required by a local,state, or federal government entity. This paragraph is
intended to apply to gas or propane grills or fire tables, charcoal grills, or similar appliances after
review and approval by the Fire Marshal.
(C) The Fire Department may charge a fee for this permit. Fees shall be approved by the Common
Council and may from time to time be modified by resolution. A fee schedule shall be made
available to the public in a format that is reasonably accessible.
(D) The Fire Chief or designee shall be authorized to create rules, regulations, guidelines, and criteria
that are required to be met before permits will be issued for any activity covered by this Section.
Such rules, regulations, guidelines, and criteria shall be available for public review on the City's
website or social media, or on paper, or in any other format that the Fire Chief or their designee
believes is reasonably accessible to the public.
SECTION 13-8 FREQUENCY OF INSPECTIONS
The Chief of the Fire Department shall be responsible for having all public buildings and places of
employment within the territory of the Fire Department inspected 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.The inspections shall be conducted at least once per calendar
year, provided that the interval between those inspections does not exceed fifteen (15) months.
SECTION 13-9 NON-ROUTINE INSPECTIONS, PERMITS,AND SERVICES
(A) The City shall charge a fee for non-routine inspections, permits and services.
City of Oshkosh Chapter 13—Page 6 Municipal Codes
City of Oshkosh Municipal Codes
Revised 12/14/19
(B) The list of non-routine inspections, permits, and services, along with the fees charged for such
services referred to in this section and other sections of this article shall be established by the City
Council and may from time to time be modified by resolution. A schedule of the fees established by
the governing body shall be available for review in the administering authority office,Oshkosh Fire
Department, 101 Court Street, Oshkosh, Wisconsin.
SECTION 13-10 THIRD PARTY INSPECTIONS AND REPORTING SYSTEMS
(A) INSPECTIONS AND MAINTENANCE REQUIRED
(1) The owner of the property where any device, equipment, alarm, system, and any other
feature is required for compliance of the provisions of this Chapter or is otherwise
installed on the property shall cause maintenance, testing, and inspections of all such
devices, equipment, alarms, systems, and features in accordance with this Chapter and
applicable referenced standards and specified intervals. If following inspection and
testing, any device, equipment, alarm system, and any other feature does not meet
manufacturer's specifications or fails to perform as intended, then it shall be repaired or
replaced on accordance with subsection(E),below.
(2) Maintenance, testing, and inspections shall include, without limitation, the following:
Fire Protection Measure Fire Code NFPA
a. Automatic Fire Sprinkler System 901.6.1 &901.6.2 25
b. Commercial Hood Cleaning 609.3.3 96
c. Commercial Kitchen Hood System 901.6.1 &901.6.2 & 17A
904.11.6.2
d. Emergency Generator 604.4 110 & 111
e. Fire Alarm System 901.6.1 &901.6.2 72
f. Fire Doors 703.4 80
g. Fire Pumps 913.5 25
h. Foam System (including 5 yr test) 901.6.1 &901.6.2 25
i. Private Hydrant System 507.5.2&507.5.3 25
j. Smoke Control System 909.20 90 &92B
k. Special Suppression System 901.6.1 &901.6.2 12& 12A &
750 &2001
1. Spray Booth 901.6.1 &901.6.2 33
m. Standpipe (including 5 yr 901.6.1 &901.6.2 25
hydrostatic test)
(3) Testing of all backflow prevention assemblies installed and maintained per NFPA-25.
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(B) QUALIFICATIONS OF INSPECTORS
Only qualified personnel shall make inspections or perform testing required by the current
edition of State of Wisconsin Fire Prevention Code and the adopted provisions of technical
codes. Qualified personnel shall mclude,but not limited to:
(1) Personnel who are factory-trained and certified for the type and brand of device,
equipment, alarm, system, or feature being inspected or tested
(2) Personnel who are certified by a nationally recognized certification organization
approved by the City.
(3) Personnel who are registered, licensed or certified by the State of Wisconsin or the City
of Oshkosh to perform the required inspections and testing;
(4) Personnel of the Fire Department
(C) REPORTING OF INSPECTIONS AND TESTS
The City may retain a third-party person or entity to gather inspections records, to act as a
repository for inspection and testing records ("designated electronic reporting system") in the
same manner as the City otherwise would act consistent with the City's authority to require the
submission of inspection and testing records. Records of all installations, inspections, tests, and
maintenance required by this Chapter shall be provided electronically to the City's designated
electronic reporting system. Completed records shall be submitted no later than fifteen (15)
days following the applicable installation, inspection, test, and maintenance. The submitted
report shall contain all information required by the City's designated electronic reporting
system. The third-party person or entity may directly charge the owner of property for these
services a reasonable fee for these services, with the amount to be approved periodically by the
Common Council through an appropriate Resolution. This fee shall be paid by the property
owner in the same manner as would be required if the City was performing these services itself.
(D) RETENTION OF RECORDS
Records of any device,equipment, alarm, and system inspections, tests, and maintenance
required by the current editions of the Wisconsin Fire Prevention Code and the adopted
provisions of technical codes shall be maintained on the premises for a minimum of three (3)
years following the date of any inspection, test, and maintenance, and shall be copied to the fire
department and its contractors pursuant to either the provisions of the Municipal Code or upon
the request of the Fire Chief or their designee.
City of Oshkosh Chapter 13—Page 8 Municipal Codes
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Revised 12/14/19
(E) REPAIRS
(1) If any device, equipment, alarm, system, or any other feature fails its inspection or
operational test, repairs shall be made immediately. If repairs cannot be made
immediately, the Fire Department shall be notified in case Fire Watch procedures need to
be implemented.The property owner shall make all necessary repairs to make the item
fully operational. Defective parts must be replaced with manufacturer approved parts.
If repair is not possible, the item must be replaced with devices, equipment, alarms,
systems, and features in accordance with all applicable Codes and applicable referenced
standards. Completed records shall be submitted no later than fifteen (15) days
following the applicable maintenance, repair, or replacement. The submitted report shall
contain all information required by the City's designated electronic reporting system.
(2) Additional inspections and testmg may be required of the repaired or replaced device,
equipment, alarm, system, or other feature upon the request of the Fire Chief or their
designee.
SECTION 13-11 SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS
(A) All rental dwelling units,vacant or occupied,shall be provided with working,approved,listed,and
labeled smoke detectors and carbon monoxide detectors. Smoke detectors and carbon monoxide
detectors shall be installed in accordance with the appropriate Department of Safety and
Professional Services(DSPS)code that governs the dwelling building, and in accordance with the
manufacturer's instructions.
(B) The owner of the building shall be solely responsible for the installation and maintenance of the
smoke detectors, to include battery replacement as required.
(C) The tenant shall be responsible for informing the owner in writing of any smoke detector
malfunction, to include the need for a new battery.
(D) The owner shall immediately upon receipt of this written notice from the tenant,repair/replace the
smoke detector or replace the battery as needed.
(E) The owner nor the tenant shall remove or disconnect the battery from a smoke detector at any time
except for battery replacement.
(F) The owner shall install new batteries in all smoke detectors at the beginning of a new lease or new
tenancy and shall install new batteries annually.
(G) The owner shall furnish to the tenant at the beginning of a new lease or new tenancy,written notice
of the responsibilities of the tenant and the obligations of the owner regarding smoke detectors,
their batteries and their maintenance.
City of Oshkosh Chapter 13—Page 9 Municipal Codes
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Revised 12/14/19
SECTION 13-12 FALSE ALARMS
(A) The owner of a building containing a private alarm system which,upon activation,elicits a response
from the City of Oshkosh Fire Department shall be subject to the following answering fee schedule
for each false alarm in the calendar year. A false alarm shall be defined as an alarm which was
discharged falsely,accidentally,through mechanical failure,malfunction,improper installation,lack
of maintenance, or by negligence of the owner or lessee of the alarm system or of his and/or her
employees or agents.
(B) FEE SCHEDULE
There is hereby imposed a fee for each fire department response to any false alarm. The owner of
the property shall be subject to certain fees,which shall be approved periodically by the Common
Council through an appropriate Resolution.
(C) EXCLUSION
False alarms shall not include:
(1) Alarms that occur during electrical storms,tornadoes,blizzards,or other natural disaster or
Acts of God.
(2) Disruption of the telephone circuits beyond the control of the alarm company and/or the
alarm user.
(3) Electrical power or disruption or failure not caused by the user.
(4) Alarms caused by failure of equipment at the Winnebago County communications center
(9-1-1).
This fee shall be imposed whether the Fire Department received the alarm by direct connection or
through an intermediary, such as an answering service or modified central station.
(D) The alarm user shallprovide the Fire Department with the names and telephone numbers of at least st
p P
two persons who can be reached at any time, day or night, who are authorized to respond to an
emergency signal transmitted by the automatic alarm system or device,and who are trained in the
operation and functioning of the alarm system, and who can open the premise wherein the alarm
system is installed. It shall be a violation of this section if any of these persons cannot be contacted,
or if they refuse to cooperate with and respond at the request of Fire Department officials, they
and/or the alarm user may be subject to a forfeiture under the penalty section of this ordinance.
(E) No alarm system designed to transmit emergency messages to 9-1-1 or through an intermediary
service shall be tested or demonstrated without first notifying the Fire Department and the Fire
Dispatcher prior to the start of such test or demonstration.
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(F) It shall be unlawful for any person to give or cause to be given a false alarm, or to pull the lever of
any signal box,except in the case of fire,or tamper,meddle or interfere m any way with said boxes,
or any of the wires,or supports thereof connected with any part of the fire alarm system,or to make
any connection or communication therewith so as to interrupt or interfere with the proper working
of said system or injure, break or destroy machinery or fixtures connected with said system.
(G) LIABILITY
The City of Oshkosh shall be under no duty or obligation to a subscriber or to any other person
concerning any provisions of this ordinance, including but not limited to any defects in an alarm
system or any delays in transmission, or response to any alarm.
(H) Those subject to fees for false alarms shall be notified, in writing, of such fees by the City of
Oshkosh. Failure to pay the fee within 30 days of invoice shall be grounds to subject the user to the
penalties contained within Section I. In addition to any other methods provided by law,false alarm
fees under Section B above shall be allocated to the property served as a special charge under
Section 66.60(16) of the Wisconsin Statutes.
(I) Any person may appeal issuance of an invoice to the Fire Chief. The appeal shall be filed with the
City Clerk upon a form provided by the City Clerk's Office. The appeal shall be in writing and
specify the reason for the appeal. The Fire Chief shall determine whether to sustain or revoke the
invoice in whole or in part and shall notify the appellant of this decision in writing within 15 days of
receipt of the appeal.
(I) Any person feeling aggrieved by a decision of the Fire Chief may appeal such decision to the City
Council within 15 days of the written notification made by the Fire Chief. The date of the written
notice shall be the date of mailing or the date of personal service of the notice.The appeal shall be
filed with the City Clerk upon a form provided by the City Clerk's office. The appeal shall be in
writing and specify the reason for the appeal. The City Council may reverse or affirm wholly or in
part, or may modify the decision of the Fire Chief. The vote of the majority of the members of the
City Council present shall be necessary to reverse or modify the decision of the Fire Chief.
SECTION 13-13 LOCK BOX
(A) In the course of responding to fire or related emergencies and other calls, the Fire Department in
many cases faces barriers to entering buildings or spaces within buildings so that they are able to
address the subject of the call. In those circumstances in which lock boxes are not available,the Fire
Department must break through barriers. Breaking through barriers for the purpose of performing
its duties in many cases results in property damage in addition to damage caused by the
emergency. It is the policy of the City to protect property and minimize damage to buildings and
structures experiencing fire emergencies or other distress. It is the public policy of the City to
therefore require that lock boxes with keys be available to assist the Fire Department with its
statutory duties and to minimize damage to property.
City of Oshkosh Chapter 13—Page 11 Municipal Codes
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(B) Every newly constructed building, except one and two-unit family dwellings, and any existing
building without a lock box but is subject to any addition to the building, except one and two-unit
family dwellings, shall be equipped with a lock box consistent with the specifications set forth in
Subsection(D), below.
(C) When access to or within a structure or an area is unduly difficult because of secured openings or
where immediate access is necessary for life-saving or firefighting purposes, the Fire Chief or
his/her designee may require a lock box to be installed consistent with the specifications set forth in
Subsection(C), below.
(D) The lock box shall be a type approved by the Fire Department and shall contain keys to gain
necessary access as required by the Fire Department. The lock box shall be installed by the property
owner at a location approved by the Fire Department. The lock box shall be installed within an
appropriate time, as determined by the Fire Chief or his/her designee.
SECTION 13-14 RESERVED (POSTING OF OCCUPANCY LOAD-repealed 8/12/08)
SECTION 13-15 PROHIBITED DISCHARGES &REIMBURSEMENT
(A) Prohibited Discharges: No person, firm 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 onto
the ground, surface waters, subsurface waters, or aquifers, or within the City, 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 materials 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.
(B) Containment,Cleanup and Restoration: Any person,firm or corporation in violation of the above
section shall, upon direction of any Fire Department officer, begin immediate actions to contain,
clean up and remove to an approved repository,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 person and
equipment to comply with or to complete the requirements of this section, the Fire Chief or Police
Chief, or designees, 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 City as action imposed by paragraph C
below.
(C) Emergency Services Response: Includes but not limited to:fire service,emergency medical service,
law enforcement. A person, firm or corporation who possesses or controls a hazardous which is
discharged or who causes the discharge of a hazardous substance shall be responsible for
reimbursement to the responding agencies for actual and necessary expenses incurred in carrying
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out their duties under this ordinance. Actual and necessary expenses 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 decontamination,clean up and medical surveillance,and incurred
costs in future medical surveillance of response personnel as required by the responding agencies
medical advisor.
(D) Site Access: Access to any site, public or private, where a prohibited discharge is indicated or
suspected shall be provided to Fire Department officers and staff and to Police Department
personnel for the purpose of evaluating the threat to the public and monitoring containment,clean
up and restoration activities.
(E) 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, his assistant, or the
senior police official on the scene of the emergency may order an evacuation of the area or take
other appropriate steps for a period of time until the person,firm or corporation in violation of this
section can take appropriate action.
(F) Civil Liability: Any person,firm or corporation in violation of this section shall be liable to the City
for any expense incurred by the City or loss or damage sustained by the City by reason of such
violations.
SECTION 13-16 TO ASSIST AND OBEY ORDERS OF FIRE DEPARTMENT OFFICERS
No person shall neglect or refuse to render assistance when lawfully called upon to do so by any Fire
Department officer, the City Manager or any Councilperson, nor shall any person refuse to obey lawful
order given to them to assist in the extinguishment of a fire or to maintain order in the vicinity thereof.
SECTION 13-17 RESISTING OFFICER OR MEMBER OF FIRE DEPARTMENT
No person shall offer arty resistance to any officer or member of the Fire Department when in the
performance of their duty.
SECTION 13-18 DAMAGING FIRE HOSE,APPARATUS, OR EQUIPMENT PROHIBITED
No person shall wantonly or maliciously cut or otherwise injure or damage any hose, equipment or
apparatus belonging to or used by the Fire Department,nor shall drive any vehicle over any unprotected
hose of the Fire Department which may be laid in the streets or any other place,without the consent of an
officer of the Fire Department.
City of Oshkosh Chapter 13—Page 13 Municipal Codes
City of Oshkosh Municipal Codes
Revised 12/14/19
SECTION 13-19 UNAUTHORIZED USE OR OBSTRUCTION OF FIRE HYDRANTS
PROHIBITED
No unauthorized person shall open any fire hydrants,nor shall any person obstruct or interfere with the
use of any fire hydrant,by piles of lumber,building materials,articles of merchandise,waste materials,or
in arty other way or mariner.
SECTION 13-20 PENALTIES
Except as provided below, any person who shall violate any of the provisions of this Chapter or of any
Section thereof,shall upon conviction thereof,be punished by a forfeiture of not less than$75.00 nor more
than$500.00,together with the costs of prosecution,and in default of payment thereof,by imprisonment in
the County Jail for a period not to exceed sixty(60)days. Each day of violation shall constitute a separate
offense.
(A) Notwithstanding the foregoing,any person convicted of violating Section 13-3 shall forfeit not less
than One Hundred Fifty dollars ($150.00) for the first offense and not less than Three Hundred
Dollars($300.00)for the second or subsequent offense within 12 months of conviction,and not more
than Five Hundred Dollars ($500.00), together with the costs of prosecution, and in default of
payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days.
Each day of violation shall constitute a separate and distinct offense.
City of Oshkosh Chapter 13—Page 14 Municipal Codes
Oshkosh
TO: Honorable Mayor & Members of the Common Council
FROM: Mike Stanley, Fire Chief
DATE: November 19, 2019
RE: Repeal and Replace Chapter 13 Fire Prevention Ordinance
BACKGROUND
The Oshkosh Fire Department and the City Attorney's office performed a comprehensive
periodic review of the ordinance. Industry standards, legal updates, best practices, and
comparative analysis with other municipalities were conducted. This ordinance revision
includes recommendations, guidelines, and legislation from the State of Wisconsin, the
National Fire Protection Association, and the International Fire Code.
ANALYSIS
The ordinance repeals and recreates Chapter 13 of the Municipal Code pertaining to Fire
Prevention to clarify provisions, update references to state codes and other fire
regulations, update terminology pertaining to the fire prevention program, clarify
provisions and require permitting for certain outdoor fires, to make provisions for the
city to utilize outside entities for the purposes of gathering inspection records, to require
the installation of lock boxes for new or substantial construction on buildings except for
one and two family dwellings, and removes ordinance references to specific fees which
will be included in the City's fee resolutions as adopted by Council.
Requiring the installation of the lock boxes will allow the fire department to make quick
access to the building and to be able to unlock interior doors. This can potentially prevent
expensive damage to doors and hardware for the building owner. It also does not delay
the actions of the firefighters who may need to make quick interventions to prevent
conditions from worsening. There will be a cost for buildings to install and maintain lock
boxes, but we believe that the benefit will outweigh the cost.
Outdoor burning and recreational fires can cause a significant risk. The International Fire
Code addresses these types of fires in detail. The Oshkosh Fire Department responds to
a large number of reports of uncontrolled burns. Many other communities in our area
have begun requiring a permitting process to ensure that recreational fires such as fire
pits are compliant with the fire code. The City of Oshkosh implementing this process
will help to mitigate this risk and provide for recreational fires that are within the
guidelines set forth by the adopted fire code. The enforcement of recreational fire permits
will be done on a complaint basis, with an emphasis on education to ensure greater
compliance.
Fire prevention agencies are increasingly making use of a regulation to require that fire
inspection records for a given property be maintained by an independent third-party.
This ensures that reliable inspection records are kept, without burdening the local fire
department with the cost to collect and maintain the required inspection data. The city
will authorize one or more firms to maintain these records, and businesses will need to
contract with the authorized firm(s) to make these records available to the city's fire
prevention officials upon request. There will be a minor cost for a business to receive this
service. This transaction will be handled directly between the organization servicing the
fire protection systems and with the identified organization that provides the records
management system.
FISCAL IMPACT
The Oshkosh Fire Department does not anticipate any negative fiscal impact to the City
of Oshkosh secondary to the proposed changes to the Fire Prevention Ordinance.
However, service providers will incur a minor cost associated with the filing of inspection
records.
RECOMMENDATION
The recommendation would be that Common Council approve the repealing and
replacement of Chapter 13 of the City Ordinances relating to fire prevention in order to
best protect the safety and well-being of our residents.
Respectfully Submitted, Approved:
w
y
Mike Stanley Mark Rohloff
Fire Chief City Manager
City of Oshkosh Municipal Codes
Revised I2114/19(14a4}_-S
CHAPTER 13
FIRE PREVENTION AND PROTECTION
13-1 INTENT OF CHAPTER
13-2 ENFORCEMENT BY FIRE CHIEF
13-3 RIGHT OF ENTRY
13-4 FIRE INSPECTION REQUIRED BEFORE OCCUPANCY
13-5 FIRE PREVENTION DIVISION
13-¢2 ADOPTION OF FIRE PREVENTION CODES
13-7 OPEN OUTDOOR FIRES,OUTDOOR FIREPLACES,COOKING FIRES,AND BARBEOUE Formatted:Indent Left. 0",Hanging. 0.5"
GRILLS,KETTLES,AND OUTDOOR HIBACHIS
134 FREQUENCY OF INSPECTIONS
13-9 NON-ROUTINE INSPEC LIONS,PERMITS,AND SERVICES
13-10 THIRD-PARTY INSPECTIONS AND REPORTING SYSTEMS
13-114 SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS
13-124 FALSE ALARMS
13-13 LOCK BOX
13-145 RESERVED(POSTING OF OCCUPANCY LOAD REPEALED)
13-116 PROHIBITED DISCHARGES&REIMBURSEMENT
13-167 TO ASSIST AND OBEY ORDERS OF FIRE DEPARTMENT OFFICERS
13-178 RESISTING OFFICER OR MEMBER OF FIRE DEPARTMENT
13-189 DAMAGING FIRE HOSE OR APPARATUS PROHIBITED
13-198 UNAUTHORIZED USE OR OBSTRUCTION OF FIRE HYDRANTS PROHIBITED
13-2014 PENALTIES
City of Oshkosh Chapter 13—Page 1 Municipal Codes
City of Oshkosh
Municipal Codes
Revised 12114 1911i(24t45
SECTION 13-1 INTENT OF CHAPTER
It is the intention of this Chapter to prescribe regulations consistent with nationally recognized
standard practices for safeguarding,to a reasonable degree,life and property from the hazards of fire
and explosion. These hazards may arise from the storage,handling.and use of hazardous
substances.materials and devices. Hazards may also arise from conditions that are hazardous to life
and property that are related to the use or occupancy of buildings,premises,or property,including
the adequacy of exit systems.
SECTION 13-2 ENFORCEMENT BY FIRE CHIEF
The Fire Chief shaII have the authority to take all lawful measures related to fire protection within
the City of Oshkosh. In particular,the Fire Chief shall have the authority._to enforce the provisions
of this Chapter. The Fire Chief shall have the City and State designation of the"authority having
jurisdiction"as that phrase may be used in all matters concerning this Chapter and related fire
prevention activities. The Fire Chief may appoint a Fire Marshal or other designeh,who will act on
the Chiefs behalf in matters concerning fire_prevention.
SECTION 13-3 RIGHT ORENTRY
(A)For purposes of this Section,an"authorized representative"shall include all members of the Formatted:Numbered+Level 1+Numbering Style.A,E
C, . +Start at:1+Alignment:Left+Aligned at. 0.25"+
Fire Prevention Progr lm and all employees ofthe Fire Department. Indent at. 0.5"
:a:��s�.......<.
Formatted:Indent•Left' 0.5"
(B)The Fire Chief or his/her authorized representative shall have the authority to enter a
Formatted:Numbered+Level•1+Numbering Style.A,E
building,structure,premises,or property at a reasonable time,with or without notice,to C, +Start at.1+Alignment*Left+Aligned at. 0.25"+
perform any lawful inspection or enforcement action,both routine and non-routine,that are Indent at 0.5"
authorized by this Chapter.
Formatted'List Paragraph, No bullets or numbering
(C)When circumstances arise where the Fire Chief or his/her authorized representative has ' Formatted Numbered+Level.1+Numbering Style.A,E
reasonable cause to believe that there exists in anybuildingor upon anypremises any +Start at.1+Alignment:Left+Aligned at. 0.25"+
P I Indent at 0.5"
condition which makes such building,structure,premises.or property unsafe to the public,
to those in or using the building,structure,premises,or property,to to-any other persons,
entity.or class otherwise benefittmg from the protections of this Chapter.then the Fire Chief
or his/her authorized representative may at their discretion enter such building or premises at
all reasonable times to inspect the building or premises or to perform any actions authorized
by this Chapter
• - Formatted:List Paragraph, No bullets or numbering,
(D)If sudi building.structure,premises,or property is occupied.the Fire Chief or authorized • -.r Formatted:Numbered+Level.1+Numbering Style A,E
C, +Start at 1+Alignment:Left+Aligned at' 0.25"+
representative shall first present proper credentials and demand entry.If such building or Indent at' 0.5"
premises is unoccupied.he/she shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or premises and demand entry. If such
entry is refused,the Fire Chief or his/her authorized representative,shall have recourse to
City of Oshkosh Chapter 13—Page 2 Municipal Codes
City of Oshkosh
Municipal Codes
Revised PO.411901/2fill
every remedy provided by law to secure entry. If the owner or occupant denies entry.the Fire
Chief or his/her authorized representative may at their discretion obtain a proper inspection
warrant or seek any other remedy provided by law to secure entry
• ; Formatted:List Paragraph, No bullets or numbering
(E) No property owner.occupant,or any other person having charge,care or control,of any • __ I Formatted:Numbered+Level.1+Numbering Style.A,i?
building,structure,premises,or property shall fail or neglect,after proper request by the Fire c, +Start at 1+Alignment.Left+Aligned at o zs^+
i Indent at 0.5"
Chief or authorized individual is made as provided herein,to promptly permit entry there-iie
by the Fire Chief or his/her authorized representative for the purpose of performing an
inspection or any action authorized by this Chapter.
• Formatted.List Paragraph, No bullets or numbering
SECTION 13-4 FIRE INSPECTION REOUIRED BEFORE OCCUPANCY
No person shall occupy or change the occupancy of a building or structure subject to Wisconsin Commented[LU.]:Subject to?
Administrative Code.SPS Chapters 350-365 in the Wisconsin Commercial Building Code,or the
locally adopted International Fire Code used by or for public assembly.industrial,institutional,
multifamily,office,or mercantile purposes until such building or structure has been inspected by
the Fire Department.
SECTION 13-5 FIRE PREVENTION RAMIN VISION
(A) CREATION •
The Fire Chief shall create and maintain a Fire Prevention ProgramDivissen within the City of
Oshkosh Fire Department.
(B) ORGANIZATION '
(1) The Fire Chief shall appoint a Fire Marshal a-Battalion to supervise the activities and
functions of the Fire Prevention ProgramDivisien In the Fire Chief's absence, the Fire
Marshai shall have the authority to delegate fire prevention activities.
(2) The Fire Chief shall appoint additional members of the Department, as he/she deems
necessary,to perform fire prevention duties.the-funetiens
• ---.___(Formatted:Indent.Left: 0",Arst line' 0"
(C) DEFINITIONS
(l) "Approved,"as used in this Chapter,means approval granted by the Fire Chief or the Fire.---- 1 Formatted:Numbered+Level*1+Numbering Style.1,2
Marshal pursuant to the regulations of this Chapter. l 3 +Start at.1+Alignment:Left+Aligned at. 0.5"+
Indent at: 0.75"
• Formatted:Indent.Left. 0.75",First line* 0"
/2) "Authority having jurisdiction." as used in the Wisconsin Administrative Code or IFC' ._ Formatted:Numbered+Level.1+Numbering Style'1,2
Codes or Standards adopted herein,means the City.the Fire Department,the Fire Chief,or the 3, +Start at 1+Alignment:Left+Aligned at 0 5"+
Fire Marshal or their designee. Indent at 11.75^
•------ Formatted:List Paragraph,Left, No bullets or numbenng,
Tab stops.Not at -1"
City of Oshkosh Chapter 13-Page 3 Municipal Codes
City of Oshkosh Municipal Codes
Revised 12r14iitPi,21718
(3) "Fire Chief,"means the Chief Officer of the Fire Department serving a jurisdiction,or a duly- - I Formatted:Numbered+Level 1+Numbering Style 1,2
authorized representative. 3, . +Start at:1+Alignment Left+Aligned at 0 5"+
Indent at: 0.75"
Formatted:List Paragraph,Left, No bullets or numbering,
(4) "Marshal,"means the Fire Marshal,or their designee,as the person in charge of the Fire' Tab stops.Not at -1"
Prevention Program, which is a Division of the City Fire Department The Fire Protection Formatted:Numbered+Level'1+Numbering Style 1,2
Program is responsible for .fire prevention duties including, but not limited to, code i 3, +Start at.1+Alignment•Left+Aligned at 0 S"+
Indent at: 0.75"
enforcement,conducting tire inspections,public information work,fire investigations,and other
activity which may_have as its purpose the prevention of fire and the reduction of life and
property losses from fire
SECTION 13-62 ADOPTION OF FIRE PREVENTION CODES
(A) This Chapter adopts the State of Wisconsin, Division of Safety, and Professional Services
Administrative Codes(DSPS),the Wisconsin Enrolled Building Code,the National Fire Protection
Association (NFPA)incorporated standards and the International Fire Code 2015(IFC)shall be
adopted in place of DSPS Chapter 314,Subchapter I,Section 314.001(21.
(B) The following rules and regulations together with any future additions,deletions or supplements
thereto,are herewith incorporated as part of this.Chapter and shall be enforced with the same force
and effect as though set forth in full herein. Providing, however, that where such rules and
regulations are less stringent than other provisions found in this Code,the provisions of this Code
shall apply
(1) (a) International Fire Code(IFC)2015 Chapter 1,Scope and Administration,Sections:
Section 101:SCOPE AND GENERAL REQUIREMENTS
Section 102:APPLICABILITY
Section 104 GENERAL AUTHORITY AND RESPONSIBILITIES
Section 106:INSPECTIONS
Section 107:MAINTENANCE
Section.110•UNSAFE BUILDINGS
Section 111:STOP WORK ORDER
Section 112:SERVICE UTILITIES
(b) International Fire Code(IFC)2015 Chapters 2-6745
(c) International Fire Code(IFC)2015—Appendix B,C,&D
(d)The Geographic limits referred to in certain sections of the 2015 International Fire Code
are hereby established as follows
Section 5501.0 The storage of flammable cryogenic fluids in stationary containers is
prohibited on properties zoned residential or within one thousand (1,000) feet of a
City of Oshkosh Chapter 13—Page 4 Municipal Codes
City of Oshkosh Muruapal Codes
Revised 1 i14/1901.211?5
property line of property zoned residential area-unless allowed by the Fire Chief or
his/her designee
Section 5704 2 9 6 1 The storage of Class I and Class II liquids in above-ground tanks
outside of buildings is prohibited on properties zoned residential or within one
thousand (1,000) feet of a property line of property zoned residential area-unless
allowed by the Fire Chief or his/her designee.
Section 5706.2 4 4 The storage of Class I and Class II liquids in above-ground tanks is
prohibited on properties zoned residential or within one thousand (1,000)feet of a
property line of property zoned residential area-unless allowed by the Fire Chief or
his/her designee
(2) Wisconsin Administrative Codes
Flammable and Combustible Liquids Code,ATCP 93,Wis Admin Code
Fire Prevention Code,SPS 314,Wis.Admen Code
Smoke Detectors and Carbon Monoxide Detectors,SPS 328
(3) Wisconsin Administrative Codes
Flammable and Combustible Liquids Code,ATCP 93>Wis Admin Code
Fire Prevention Code,SPS 314,Wis.Admin.Code
Smoke Detectors and Carbon Monoxide Detectors,SPS 328
(C)(-B) Section 167.10 of the Wisconsin Statutes pertaining to Regulation of Fireworks,together with any
future additions,deletions or supplements thereto,is herewith incorporated as part of this Chapter
and shall be enforced with,the same force and effect as though set forth in full herein. Providing,
however,that where such rules and regulations are less stringent than other provisions found in
this Code,the provisions of this Code shall apply
(1) Notwithstanding any provision of this Code to the contrary,no person may sell,possess or
use fireworks,as that term is defined by Section 167 10(1)of the Wisconsin Statutes as may
be amended from tune to time,within the City;except that the use of fireworks may be
allowed by appropriate permit issued by the fire chief.
(D)(EF Pursuant to International Fire Code(WC)2015 Chapter 3,Section 307 Open Burning,Recreational
Fires and Portable Outdoor Fireplaces which is hereby adopted,there z:hereby established a Natural
his/her designee TL.e/l L 1 rtre Department-shall adopt-an-efficial-pehey-defininn these ar as
where-precciibec4 bit�tti_ will-be.allowed-m-t e City of-0shkesk-and-establishing the procedures to
of Oshkosh. Natural Prairie Prc;;crib::d Burning shall only be conducted :.n aecordanee with a
per tt el by h n-e;h Fire Department. Any burning without a permit or any burning not
in accordance-with-the tore s-rearper-rmit issued-1v-the-0i iihe h-hi'tre-E- part lent-shall-bearviel-atieii
ef-this-ord-iitancc The-Fee for a Natural-Prairie P-rc:;cribed-Burntt --l3er-m and any--sees
City of Oshkosh Chapter 13—Page 5 Municipal Codes
City of Oshkosh Municipal Codes
Revised 12i'1411991/2i118
Council
THE FOLLOWING SECTION,SECTION 13-7 SHALL VE AN EFFECTIVE DATE OF APRIL 1,2020,
SECTION 13-7 OPEN OUTDOOR FIRES, OUTDOOR FIREPLACES, COOKING FIRES AND. Formatted Indent Left' Cl",Hanging 1 5"
BARBEOUE GRILLS,KETTLES,AND OUTDOOR ACHIS
IA)Except as stated in paragraph(B1 below,no open outclour'fires,including fires confined within' Formatted:Numbered+Level•1+Numbering Style A,E
C,.. +Start at 1+Alignment:Left+Aligned at. 0.25"+
outdoor fire daces and outdoor cooking fires El shall be starte'(by any person unless a permit is first Indent at: 0.5"
obtained from the Frre Department No hermit shill be granted for open burn no-for multifamily Formatted:Not Highlight
occupancies without separate private yards for each tenant, nor without the property owner's
permission,nor m a public nght-of-way,.alley,or other public thoroughfare
•--- Formatted:Indent:Left 0.5"
(13)Fires fueled by natural gas,propane,or charcoal in commercially manufactured appliances are not- --' Formatted:Numbered+Level.1+Numbering Style.A,e
C, , +Start at:1+Alignment:Left+Aligned at' 0.25"+
ib'erl ct to permitting,by the Fire Department but remain subject to any other permitting or indent at 0.5"
regulations that may be required by a local,state;or federal government entity, This paragraph is
mt tded to apply to gas or pro pane ells or fire tables,.chargoal grills,or similar appliances after
review and approval by the Fire Marshal,
• .Formatted:Indent.Left: 0.5"
(C)The Fire Department may charge a fee for this permit. Fees shall be approved by the Common Formatted:Numbered+Level 1+Numbering Style A,e
C, , +Start at:1+Alignment:Left+Aligned at. 0.25"+
Council and may from time to time he modified by resolution.A fee schedule shall be made indent at: 0.5"
available to the public in a format that is reasonably accessible.
•------f Formatted:List Paragraph,Left, No bullets or numbering
(QLThhe Fire Chief or designee shall be authorized to create rules,regulationsiuidelines,and criteria- Formatted:Numbered+Level.1+Numbering Style.A,e
C, +Start at 1+Alignment.Left+Aligned at 0.25"+
that are required to be met before permits will be issued for any activity covered by this Section. I Indent at 0 5"
Such rules,regulations, guidelines,and criteria shall be available for public review on the City's
websitc:or social media,or on paper,or in any other format that the Fire Chief or their designee
believes-iszeasonably accessible to the public.
SECTION 13 82.2 FREQUENCY OF INSPECTIONS
The Chief of the Fire Department shall be responsible for having all public buildings and places of
employment within the territory of the Fire Department inspected 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.The inspections shall be conducted at least once per calendar
year,provided that the interval between those inspections does not exceed fifteen(15)months.
SECTION 13-92:3 NON-ROUTINE INSPECTIONS,PERMITS,AND SERVICES
(A) The City shall charge a fee for non-routine inspections,permits and services.
City of Oshkosh Chapter 13—Page 6 Municipal Codes
City of Oshkosh Municipal Codes
Revised I2 14,1984{2445
(B) The list of non-routine inspections,permits,and services,along with the fees charged for such
services referred to m this section and other sections of this article shall be established by the
governing-bodyCity Council and may from time to time be modified by resolution. A schedule of
the fees established by the governing body shall be available for review in the administering
authority office,Oshkosh Fire Department,101 Court Street,Oshkosh,Wisconsin.
SECTION 13-10 THIRD PARTY INSPECTIONS AND REPORTING SYSTEMS
•
(A)INSPECTIONS AND MAINTENANCE REQUIRED ,;;;
(1) The owner of the property where any device,equipment,alarm,system,and any other
feature is required for compliance of the_provisions of this Chapter or is otherwise
installed on the property shall cause maintenance,testing,and inspections of all such
devices,equipment,alarms,systems,and features in accordance with this Chapter and
applicable referenced standards and specified intervals. If following inspection and
testing,any device,equipment,alarm system,and any other feature does not meet
manufacturer's specifications or fails to perform as intended,then it shall be repaired or
replaced on accordance with subsection(E).below.
(2) Maintenance,testing,and inspections shall include,without limitation,the following.
Fire Protection Measure Fire Code NFPA
a.Automatic Fire Sprinkler System 901.6.1&901.6.2 25
b Commercial Hood Cleaning 609.3.3 96
c.Commercial Kitchen Flood System 901.6.1&9016 2 Sr 17A
9041162
d Emergency Generator 604.4 110&111
e.Fire Alarm System �_. 90161&901.6.2 72
f.Fire Doors 703 4 80
g.Fire Pumps 913 5 25
h Foam System(including 5 yr test) 901.6.1 Sr 901.6.2 25
i.Private Hydrant System 507.5 2&507 5 3 25
1.Smoke Control System 909 20 90&92B
k.Special Suppression System 901 6 1&901.6.2 12&12A&
750&2001
1.Spray Booth 901 61&901 6 2 33
in.Standpipe(including 5 yr 901.6.1&901.6,2 25
hydrostatic test)
(31 Testing of all backflow prevention assemblies installed and maintained per NFPA-25 Formatted:Not Highlight
(B) QUALIFICATIONS OF INSPECTORS
City of Oshkosh Chapter 13—Page 7 Municipal Codes
City of Oshkosh Muniapai Codes
Revised 12ii4fi9dliz-hill
Only qualified personnel shall make inspections or perform testing required by the current
edition of State of Wisconsin Fire Prevent-ion Code and the adopted provisions of technical
codes Qualified personnel shall include,but not limited to:
(1) Personnel who are factory-trained and certified for the type and brand of device.
equipment,alarm.system,or feature being inspected or tested
(2) Personnel who are certified by a nationally recognized certification organization
approved by the City
(3) Personnel who are registered,licensed or 3 d by the State of Wisconsin or
the City of Oshkosh to perform the require 6 =`chons and testing:
f4) Personnel of the Fire Department
(C)REPORTING OF INSPECTIONS AND TES
The City may retain a third-party person or entity to gather inspections records,to act as a
repository for inspection and testing records("design ated'electronic reporting system")in the r Commented[1L2]:End parenthesis?
same manner as the City otherwise would act consistent with the Citv's airs 'ty to require the
submission of inspection and testinzrecords Records of all installations,unspections,tests,and
maintenance required by this Chanter shall be,_provided electronically to the City's designated
electronic reporting system. Completed records shall be submitted no later than fifteen(151
days following the applicable installation,inspection,test,and maintenance The submitted
report shall contain all information reouirecl by the City's designated electronic reporting
sv stem. The third-party person oi entity may directly charge the,owner of property for.these `.Commented[Puna]:i deleted the fee language as requested_
However,I believe the ordinance should have language that require
services a reasonable fee for these servicescwiiii_the amount to be approved periodically by the they pay a fee to the vendor,or authorizes the vendor to charge a
Common Council through an appropriate Resolution. This fee shall be,paid lly the property reasonable fee,or something like thac
owner in the same manner as would be required it the City was performing these services itself. Commented[SM4]:Is a period Resolutions a thing?Idon't
know what that means,but wanted to make sure the sentence was
(D)RETENTION OF RECORDS accurate.
Records of any device,equipment,alarm,and system inspections,tests,and maintenance
required by the current editions of the Wisconsin Fire Prevention Code and the adopted
provisions of technical codes shall be mamtamed on the premises for a minimum of three(3)
years following the date of any inspection,test,and maintenance,and shall be copied to the fire
department and its contractors pursuant to either the provisions of the Municipal Code or upon
the request of the Fire Chief or their designee.
(E) REPAIRS
ri: r°° any device,equipment,alarm,system,or any other feature fails its inspection or
operational test,repairs shall be made immediately If repairs cannot he made immediately,
the Fire Department shall be notified in case Fire Watch procedures need to be implemented
The property owner shall make all necessary repairs to make the item fully operational.
Defective parts must be replaced with manufacturer approved parts If repair is not
possible,the item must be replaced with devices,equipment,alarms,systems,and features,
City of Oshkosh Chapter 13—Page 8 Municipal Codes
City of Oshkosh Municipal Codes
Revised 12 14'19i4/21;1i
in accordance with all applicable Codes and applicable referenced standards. Completed
records shall be submitted no later than fifteen(15)days following the applicable
maintenance,repair,or replacement The submitted report shall contain all information
required by the Cities designated electronic reporting system
(2) Additional inspections and testing may be required at the repaired or replaced device,
equipment,alarm,system,or other feature upon the request of the Fire Chief or their
designee
SECTION 13-113 SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS
(A) All rental dwelling units,vacant or occupied,shall be provided with working,approved,listed,and
labeled smoke detectors and carbon monoxide detectors Smoke detectors and carbon monoxide
detectors shall be installed in accordance with the appropriate Department of Safety and
Professional Services(DSPS)code that governs the dwelling building,and in accordance with the
manufacturer's instructions.
(B) The owner of the building shall be solely responsible for the installation and maintenance of the
smoke detectors,to include battery replacement as required.
(C) The tenant shall be responsible for informing the owner in writing of any smoke detector
malfunction,to include the need for a new battery.
(D) The owner shall immediately upon receipt of this written notice from the tenant,repair/replace the
smoke detector or replace the battery as needed.
(E) The owner nor the tenant shall remove or disconnect the battery from a smoke detector at any time
except for battery replacement.
(F) The owner shall install new batteries in all smoke detectors at the beginning of a new lease or new
tenancy and shall install new batteries annually.
(G) The owner shall furnish to the tenant at the beginning of a new lease or new tenancy,written notice
of the responsibilities of the tenant and the obligations of the owner regarding smoke detectors,
their batteries and their maintenance
SECTION 13-124 FALSE ALARMS
(A) The uacr of any owner of a building containing a private alarm system which,upon activation,
elicits a response from the City of Oshkosh Fire Department shall be subject to the following
answering fee schedule for each false alarm in the calendar year A false alarm shall be defined as
an alarm which was discharged falsely, accidentally, through mechanical failure,malfunction,
City of Oshkosh Chapter 13—Page 9 Municipal Codes
City of Oshkosh Municipal Codes
Revised i2i14ii904a4t1£
improper installation,lack of maintenance,or by negligence of the owner or lessee of the alarm
system or of his and/or her employees or agents
(B) FEE SCHEDULE
There is hereby imposed a fee for each fire department response to any false alarm. The owner of
the property shall be subject to certain fees,which shall be approved periodically by the Common
Council through an appropriate Resolution the lee ash^' '�, lsclo --TMr,e fcc module-fer-each
preeitses-sh..l be.• ". l, l d
Formatted:Indent•Left 0 5",Tab stops:Not at 0 5"+
4.25"
(1) ttr,,t and,�ccond talLe alarms Nip C'hargo
(2) third and fourth false alarms V35.00 Formatted:Indent:Left 0_5",First line. 0"
(3) fif—tenh-thru tenth false 550.0E
(1) eleventh and.subsequent talc,c alarms 5100.00
(C) EXCLUSION
False alarms shall not include.
(1) Alarms that occur during electrical storms,tornadoes,blizzards,or other natural disaster or
Acts of God.
(2) Disruption of the telephone circuits beyond the control of the alarm company and/or the
alarm user.
(3) Electrical power or disruption or failure not caused by the user.
(4) Alarms caused by failure of equipment at the Winnebago County communications center(9-
1-1).
This fee shall be imposed whether the Fire Department received the alarm by direct connection or
through an intermediary,such as an answering service or modified central station. It=the ire Chief
(D) The alarm user shall provide the Fire Department with the names and telephone numbers of at least
two persons who can be reached at any time,day or night,who are authorized to respond to an
emergency signal transmitted by the automatic alarm system or device,and who are trained in the
operation and functioning of the alarm system,and who can open the premise wherein the alarm
system is installed. It shall be a violation of this section if any of these persons cannot be contacted,
or if they refuse to cooperate with and respond at the request of Fire Department officials,they
and/or the alarm user may be subject to a forfeiture under the penalty section of this ordinance.
(E) No alarm system designed to transmit emergency messages directly to the Fire Dejtiu•tr lent;to 9-1-1
or through an intermediary service shall be tested or demonstrated without first notifying the Fire
Department and the Fire Dispatcher prior to the start of such test or demonstration.
City of Oshkosh Chapter 13—Page 10 Municipal Codes
City of Oshkosh Municipal Codes
Revised t2141190 348
(F) It shall be unlawful for any person to give or cause to be given a false alarm,or to pull the lever of
any signal box,except in the case of fire,or tamper,meddle or interfere in any way with said boxes,
or any of the wires,or supports thereof connected with any part of the fire alarm system,or to make
any connection or communication therewith so as to interrupt or interfere with the proper working
of said system or injure,break or destroy machinery or fixtures connected with said system.
(G) LIABILITY
The City of Oshkosh shall be under no duty or obhgation to a subscriber or to any other person
concerning any provisions of this ordinance,including but not limited to any defects in an alarm
system or any delays in transmission,or response to any alarm
(H) Those subject to fees for false alarms shall be notified, in writing, of such fees by the City of
Oshkosh Failure to pay the fee within 30 days of invoice shall be grounds to subject the user to the
penalties contained within Section I In addition to any other methods provided by law,false alarm
fees under Section B above shall be allocated to the property served as a special charge under
Section 66.60(16)of the Wisconsin Statutes
(I) Any person may appeal issuance of an invoice to the Fire Chief. The appeals all be filed with the
City Clerk upon a form provided by the City Clerk's Office The appeal shall be in writing and
specify the reason for the appeal. The Fire Chief shall determine whether to sustain or revoke the
invoice in whole or in part and shall notify the appellant of this decision in writing within 15 days of
receipt of the appeal.
Q) Any person feeling aggrieved by a decision of the Fire Chief may appeal such decision to the City
Council within 15 days of the written notification made by the Fire Chief. The date of the written
notice shall be the date of mailing or the date of personal service of the notice.The appeal shall be
filed with the City Clerk upon a form provided by the City Clerk's office.The appeal shall be in
writing and specify the reason for the appeal.The City Council may reverse or affirm wholly or in
part,or may modify the decision of the Fire Chief. The vote of the majority of the members of the
City Council present shall be necessary to reverse or modify the decision of the Fire Chief
SECTION 13-13 LOCK BOX
(A) In the course of responding to fire or related emergencies and other calls,the Fire Department in
many cases faces barriers to entering buildings or spaces within buildings so that they are able to address
the subject of the call. In those circumstances in which lock boxes are not available.the Fire Department
must break through harriers. Breaking through barriers for the purpose of performing its duties in many
cases results in property damage in addition to damage caused by the emergency. It is the
policy of the City to protect property and minimize damage to buildings and structures experiencing fire
emergencies or other distress It is the public policy of the City to therefore require that lock boxes with
keys be available to assist the Fire Department with its statutory duties and to minimize damage to
property.
City of Oshkosh Chapter 13—Page 11 Municipal Codes
City of Oshkosh Municipal Codes
Revised 1b/14/1941/2l/!
(B) Every newly constructed building,except one and two-unit family dwellings,and any existing
building without a lock box but is subject to any addition to the building,except one and two-unit family
dwellings,shall be equipped with a lock box consistent with the specifications set torth in Subsection(D),
below
IC) When access to or within a structure or an area is unduly difficult because of secured openings or
where immediate access is necessary for life—savings or firefighting purposes,the Fire Chief or his/her
designee may require a lock box to be installed consistent with the specifications set forth in Subsection(C)r
below.
ID) The lock box shall be a type approved by the Fire Department and shall contain keys to gain
necessary access as required by the Fire Department The rock box shall be installed by the property owner
at a location approved by the Fire Department. The lock'box shall be ma tailed within an appropriate time,
as determined by the Fire Chief or his/her designee;,
SECTION 13-145 RESERVED(POSTING OF OCCUPANCY LOAD-repealed 8/12/08)
SECTION 13-136 PROHIBITED DISCHARGES&REIMBURSEMENT
(A) Prohibited Discharges: No person,firm 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 onto
the ground,surface waters,subsurface waters,or aquifers,or within the City,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 matenals at or above
Nuclear Regulatory Restriction Ievels,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
(B) Containment,Cleanup and Restoration: Any person,firm or corporation in violation of the above
section shall,upon direction of any Fire Department officer,begin immediate actions to contain,
clean up and remove to an approved repository,the offending matenal(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 person and
equipment to comply with or to complete the requirements of this section,the Fire Chief or Police
Chief,or designees,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 City as action imposed by paragraph C
below
(C) Emergency Services Response Includes but not limited to•fire service,emergency medical service,
law enforcement A person,firm or corporation who possesses or controls a hazardous which is
discharged or who causes the discharge of a hazardous substance shall be responsible for
reimbursement to the responding agencies for actual and necessary expenses incurred in carrying
out their duties under this ordinance Actual and necessary expenses may include but not be
City of Oshkosh Chapter 13—Page 12 Municipal Codes
City of Oshkosh Municipal Codes
Revised 12:1.4 j(44/2li-s
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 decontamination,clean up and medical surveillance,and incurred
costs in future medical surveillance of response personnel as required by the responding agencies
medical advisor
(D) Site Access. Access to any site,public or private,where a prohibited discharge is indicated or
suspected shall be provided to Fire Department officers and staff and to Police Department
personnel for the purpose of evaluating the threat to the public and monitoring containment,dean
up and restoration activities.
(E) 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,his assistant,or the
senior police official on the scene of the emergency may order an evacuation of the area or take
other appropriate steps for a period of time until the person,firm or corporation in violation of this
section can take appropriate action.
(F) Civil Liability: Any person,firm or corporation in violation of this section shall be liable to the City
for any expense incurred by the City or loss or damage sustained by the City by reason of such
violations
SECTION 13-167 TO ASSIST AND OBEY ORDERS OF FIRE DEPARTMENT OFFICERS
No person shall neglect or refuse to render assistance when lawfully called upon to do so by any Fire
Department officer,the City Manager or any Counalperson,nor shall any person refuse to obey lawful
order given to them to assist in the extinguishment of a fire or to maintain order in the vicinity thereof.
SECTION 13-17S RESISTING OFFICER OR MEMBER OF FIRE DEPARTMENT
No person shall offer any resistance to any officer or member of the Fire Department when in the
performance of their duty
SECTION 13-189 DAMAGING FIRE HOSE,OR-APPARATUS,OR EQUIPMENT PROHIBITED
No person shall wantonly or maliciously cut or otherwise injure or damage any hose, equipment or
apparatus belonging to or used by the Fire Department,nor shall drive any vehicle over any unprotected
hose of the Fire Department which may be laid in the streets or any other place,without the consent of an
officer of the Fire Department.
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City of Oshkosh Municipal Codes
Revised 1'_'/14(1901/21/18
SECTION 13-1910 UNAUTHORIZED USE OR OBSTRUCTION OF FIRE HYDRANTS
PROHIBITED
No unauthonzed person shall open any fire hydrants,nor shall any person obstruct or interfere with the
use of any fire hydrant,by piles of lumber,building materials,articles of merchandise,waste materials,or
in any other way or manner
SECTION 13-2011.1 PENALTIES
Except as provided below,any person who shall violate any of the provisions of this Chapter or of any
Section thereof,shall upon conviction thereof,be punished by a forfeiture of not less than$75.00 nor more
than$500.00,together with the costs of prosecution,and in default of payment thereof,by imprisonment in
the County Jail for a period not to exceed sixty(60)days. Each day of violation shall constitute a separate
offense
(A) Notwithstanding the foregoing,any person convicted of violating Section 13-3 shall forfeit not less
than One Hundred Fifty dollars($150 00)for the first offense and not less than Three Hundred Dollars
($300 00)for the second or subsequent offense within 12 months of conviction,and not more than Five
Hundred Dollars($500 00),together with the costs of prosecution,and in default of payment thereof,by
imprisonment in the County Jail for a period not to exceed sixty(60)days Each day of violation shall
constitute a separate and distinct offense.
City of Oshkosh Chapter 13—Page 14 Municipal Codes