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Chapter 13 - Fire Prevention 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DETECTORS AND CARBON MONOXIDE DETECTORS 13-12 FALSE ALARMS 13-13 LOCK BOX 13-14 RESERVED (POSTING OF OCCUPANCY LOAD REPEALED) 13-15 PROHIBITED DISCHARGES & REIMBURSEMENT 13-16 TO ASSIST AND OBEY ORDERS OF FIRE DEPARTMENT OFFICERS 13-17 RESISTING OFFICER OR MEMBER OF FIRE DEPARTMENT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 OBSTRUCTION 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 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 refused, the Fire Chief or his/her authorized representative, shall have recourse to every remedy City of Oshkosh Chapter 13 – Page 2 Municipal Codes City of Oshkosh Municipal Codes Revised 12/14/19 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. (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. City of Oshkosh Chapter 13 – Page 3 Municipal Codes City of Oshkosh Municipal Codes Revised 12/14/19 (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 (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 Municipal Codes Revised 12/14/19 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 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 City of Oshkosh Chapter 13 – Page 5 Municipal Codes City of Oshkosh Municipal Codes Revised 12/14/19 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. (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. City of Oshkosh Chapter 13 – Page 6 Municipal Codes City of Oshkosh Municipal Codes Revised 12/14/19 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 l. 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. (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 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 City of Oshkosh Chapter 13 – Page 7 Municipal Codes City of Oshkosh Municipal Codes Revised 12/14/19 (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 City of Oshkosh Municipal Codes 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 testing 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 City of Oshkosh Municipal Codes 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 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 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 12/14/19 (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 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. (J) 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. (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 City of Oshkosh Chapter 13 – Page 11 Municipal Codes City of Oshkosh Municipal Codes Revised 12/14/19 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 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 City of Oshkosh Chapter 13 – Page 12 Municipal Codes City of Oshkosh Municipal Codes Revised 12/14/19 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 any 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. SECTION 13-19 UNAUTHORIZED USE OR OBSTRUCTION OF FIRE HYDRANTS PROHIBITED City of Oshkosh Chapter 13 – Page 13 Municipal Codes City of Oshkosh Municipal Codes Revised 12/14/19 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 any other way or manner. 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