CHAPTER IV
FIRE DEPARTMENT


4.01 CREATION OF FIRE DEPARTMENT
4.02 BOARD OF POLICE AND FIRE COMMISSION
4.03 BYLAWS
4.04 APPROPRIATIONS
4.05 COMPENSATION
4.06 ORGANIZATION AND MEMBERSHIP
4.07 POWERS AND DUTIES OF CHIEF
4.08 CARE AND PROTECTION OF APPARATUS
4.09 POLICE POWER OF 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)


                                                    

                                                

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