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4.01 CREATION OF FIRE DEPARTMENT 4.10 FIRE INSPECTOR: DUTIES 4.11 FEE FOR SERVICES 4.12 MUTUAL AID 4.13 PENALTIES 4.01 CREATION OF FIRE DEPARTMENT. There is hereby established and created within the Village of Big Bend, a municipal Fire Department, which shall be known as the Big Bend Volunteer Fire Department. The Duty of the fire fighting emergency medical services and the prevention of fires in the Village Corporate Limits is delegated to such Department. Its organization and internal regulation shall be governed by the provisions of this chapter. 4.02 BOARD OF POLICE AND FIRE COMMISSIONERS. The Board of Police and Fire Commissioners created under Section 3.015 shall have the duties as set forth in Section 62.13, WI Stats., excluding the optional powers set forth in Section 62.13(6), WI Stats. 4.03 BYLAWS. The Big Bend Volunteer Fire Department shall recommend bylaws for the control, management and government and for the regulation of business and proceeding of the Department to the Board of Police and Fire Commissioners for review and approval. Said bylaws shall be reviewed by the Village Board at regular five (5) year intervals. 4.04 APPROPRIATIONS. The Village Board shall appropriate funds to provide for operation and for such apparatus and equipment for the use of Fire Department as it may deem expedient and necessary to maintain efficiency and properly protect life and property from fire. 4.05 COMPENSATION. The officers and members of the Fire Department shall receive such compensation from the Village as may from time to time be fixed by the Village Board by resolution. 4.06 ORGANIZATION AND MEMBERSHIP. 1. COMPOSITION. The Fire Department shall consist of the following officers: a. One (1) chief b. One (1) assistant or deputy chief c. Three (3) captains (EMS, Fire, Training) d. Three (3) lieutenants (EMS, Fire, Training) e. One (1) clerk f. As many drivers, firefighters and emergency medical technicians who live or normally work within the Village and vicinity as may be appointed by the Chief and approved by the Chief and approved by the Board of Police and Fire Commissioners; provided, at no time shall the Department consist of less then twenty-two (22) nor more then fifty (50) active members.
2. FILLING VACANCY IN OFFICE OF CHIEF. Upon creation of a vacancy of the office of Chief, the ranking officer shall perform the duties of the Chief until such vacancy has been filled by the Police and Fire Commission. 3. APPLICATION FOR MEMBERSHIP. Any person desiring to be a member of the Fire Department may file with the Chief an application in such form as the Police and Fire Commission may require. Each applicant, who must be a least 18 years of age, shall also file a certificate of physical fitness from such physician as the Chief may designate. The name of any applicant approved by the Chief shall be presented to the Police and Fire Commission for confirmation. 4. RETIREMENT. Upon retirement, active members hall become honorary members. 5. RESIGNATIONS. All resignations from the Department shall take the same course as applications for and appointments to membership. 6. APPEALS FROM EXPLUSION OR DEMONTION. Any member or officer of the Department who has been expelled or demoted for any offense or neglect of duty or insubordination may appear before the Police and Fire Commission and state why such penalty should not be confirmed. The Police and Fire Commission may order the Chief to reinstate the member or officer, pursuant to Section 62.13(5), WI. Stats. 4.07 POWERS AND DUTIES OF THE CHIEF. 1. The Chief shall have general supervision of the Department, subject to this chapter and the bylaws of the Department and shall be responsible for the general efficiency of the Depart met. 2. The Chief or designee shall preside at all meetings of the Department, call special meetings, preserve order, decide all points of order that may arise, and enforce and rigid observance of this chapter and the bylaws. 3. The Chief or designee shall be present at all fires, have complete command of and entire responsibility for all fire fighting operations, plan the control of the same, direct the action of the companies when they arrive at a fire, observe that every company does its duty, grant leaves of absence at a fire when he may deem it proper and see that the fire apparatus is kept in proper condition at all times. 4. The Chief may suspend any officer or member of the Department for neglect or refusal to perform these departmental duties, such suspension to be subject to an appeal to the Police and Fire Commission. 5. Each year upon the direction of the Personnel/Finance Committee the Chief shall file with the Village Clerk a detailed estimate of the appropriations needed for the conduct of the Department for the ensuing fiscal year, including a fixed asset inventory and five- year capital equipment plan. 6. The Chief shall submit a written monthly report to the Village Board to include the number of fire and EMS calls occurring for the month, the total number of active members in the Department and resignations and expulsions for the Department. He shall also report upon the drill and training program of the Department, together with other pertinent information, including recommendations of such improvements as he deems proper and necessary for the operation of the Department. 7. The Chief shall enforce all fire ordinances of the Village and State of Wisconsin. 8. The Chief shall keep a fire record book of every fire to which any company was called and shall enter in such book the locality of fire, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, equipment used, estimated time fire was extinguished, number of personnel responding and mutual aid. 9. The Chief shall keep an inventory of all apparatus and equipment of the Big Bend Fire Department. 10. The Chief shall perform such other duties as are incumbent on the commanding officer of the Big Bend Fire Department. 4.08 CARE AND PROTECTION OF APPRATUS. 1. The Chief shall have control of all apparatus used by the Department and shall be responsible for its proper maintenance. Emergency repairs may be authorized by the Chief. 2. No apparatus shall be used for any purpose except for fire fighting, or in training therefore, except after the Chief has given his approval on such use. With approval of the Chief such apparatus may be used for emergency purposes other than fire fighting within the fire protection area. 3. No person shall willfully injure in any manner any hose, hydrant, or fire apparatus belonging to the Village, and no vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, private driveway or other place, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command. 4.09 POLICE POWER OF DEPARTMENT. 1. The Chief and assistants or officers in command at any fire are hereby vested with full and complete police authority at fires. 2. The Fire Chief may prescribe certain limits in the vicinity of any fire within which no persons, except firefights and police officers and those admitted by order of any officer of the Department, shall be permitted to come. The Chief may 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 property necessary to prevent the further spread of the fire. He may 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 fire. 3. Firefighters may enter Adjacent Property. Any firefighter while acting under the direction of the Fire Chief or other officer in command may enter upon the premises adjacent to or in the vicinity of any building or other property then on fire for the purpose of extinguishing such fire, and if any person shall hinder, resist or obstruct any firefighter in the discharge of his duty as is hereinbefore provided, the person so offending shall be deemed guilty of resisting firefights in discharge of their duty. 4. Duties of Bystanders to Assist. Every person who shall be present at a fire shall be subject to the orders of the Fire Chief or officer in command and may be required to render assistance. 4.10 FIRE INSPECTOR: DUTIES. 1. The Chief of the Fire Department shall hold the office of Fire Inspector, with power to appoint one or more deputy fire inspectors, who shall perform the same duties and have the same powers as the Fire Inspector. 2. The Fire Inspectors shall inspect twice a year all buildings, premises and thoroughfares within fire limits of the Village and other areas assigned to the Dire Department, and shall inspect semi-annually all buildings, premises and public thoroughfares within the Village limits and other assigned fire protection area for the purpose of noting and causing to be corrected any conditions liable to cause fire. The Inspector shall also investigate in accordance with the regulations of the State Department of Commerce for the Storage and handling of explosives and inflammable liquids within the fire protection area. The Fire Inspectors shall perform such other duties as required by the State Department of Commerce. 3. Whenever in the Village any inspecton by the Fire Chief or his deputies reveals a fire hazard, the Chief or his deputies shall serve a notice in writing upon the owner of the property giving said owner a reasonable time in which to correct the hazard. If the property owner believes that time allowed is unreasonable, he may appeal to the Village Board. If the fire hazard is not corredted within the time allowed, it shall be deemed a nuisance. If the violation involves the removal or correction of a hazard, the cost of such removal shall be recovered in an action by the Village against the owner of the property. 4. The Chief shall keep a written record card of each property inspected which shall conform to the requirements of the State Department of Commerce and shall make the quarterly report of inspections required by the State Department of Commerce. 5. No person shall deny the Chief or his deputies' free access to any property within the Village at any reasonable time for the purpose of making fire inspections. No person shall hinder or obstruct the Fire Inspector in the performance of his duty or refuse to observe any lawful direction given by him. 4.11 FEE FOR SERVICES. 1. The Village Board hereby established a fee for the provision of the floowing listed services by the Village Fire Department and by agents and contractors of the Village. This fee shall be assessed to to the responsible individual, corporation, utility, company, governmental body, and/or property owner for whom the service was rendered, as determined by the Fire Chief. The fee shall be established from time to time by resolution of the Village Board in an amount designed to cover the actual cost of the services performed, which shall include the actual amounts billed to the Village by contractors and agents called to the incident. a. Ambulance and Rescue Services. This shall include but not be limited to technical rescue services, such as trench rescue, confined space rescue, emergency building shoring, and high angle rescue, along with ordinary ambulance and rescue services. b. Motor Vehicle Fire Calls on Highways or in Village. This shall include but not be limited to fire, spills, extraction or unusual or extensive emergency incident operations. c. Hazardous Material Incidents. d. Fire Protection Systems Permit Fees. e. Fire inspection services for unsprinklered public, commercial and industrial buildings, unsprinklered and partial sprinklered multi-family residential buildings, and unsprinklered multi-family residential buildings with no common area. f. Uncorrected Violations. This shall include but not be limited to reinspection of property. 2. Fire inspection services and uncorrected violation fees shall constitute a special charge against the property under Section 66.0627, Wi Stats., and shall be invoiced to property owners in July of each year or as determined by the Village Clerk. 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 $25.00 per parcel. All proceedings related to the collection of real estate taxes shall apply. 3. The Village Clerk-Treasurer is authorized and directed to collect such fees based on information provided by the Fire Department. 4.12 MUTUAL AID. The Village Board may enter into agreements with any other towns, villages, or cities for mutual aid in the event of an emergency or disaster in any of their respective service areas. The agreements may include provisions for the movement of employees and equipment in and between the service areas of the participating municipalities for the purpose of rendering aid.
4.13 PENALTIES. 1. Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in the code. (Ord. 2010-13; 11-7-10) |