The fire marshal, with or without a complaint of any person having an interest in
any adjacent building or property, shall enter and upon any retail, commercial or
industrial building or residential premises with more than three dwelling units within
the town, and it shall be the fire marshal's duty, as outlined in section 18-180 of this article or more often, to enter upon and make or cause to be entered and
made, a thorough examination of all mercantile, manufacturing and public buildings,
together with the premises belonging thereto. Whenever the fire marshal shall find
any building or other structure which, for want of repair, or by reason of age or
dilapidated condition, or for any cause, is especially liable to fire, and which is
so situated as to endanger other buildings or property, or so occupied that fire would
endanger persons or property therein, and whenever the fire marshal shall find an
improper or dangerous arrangement of stoves, ranges, furnaces or other heating appliances
of any kind whatsoever, including chimneys, flues, and pipes with which the same may
be connected, or a dangerous or unlawful storage of explosives, compounds, petroleum,
gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable
and refuse materials, or other conditions which may be dangerous or liable to cause
or promote fire or create conditions dangerous to the firefighter or occupants, the
fire marshal shall by written order direct the same to be removed or remedied, within
five days, and such order shall within five days from the date of such order be complied
with by the owner or occupant of said building or premises. Provided, however, if
said owner or occupant deems himself aggrieved by such order, the fire marshal may,
within five days from the date of such order, appeal to the State of Wisconsin Department
of Commerce, pursuant to Wis. Admin. Code § COMM 14.01(7) specifying in writing the
grounds upon which the appeal is based. The State of Wisconsin Department of Commerce
shall investigate the cause of the complaint and the grounds of the appeal and set
a hearing on the appeal. Unless by its authority the order is revoked after the conduct
of the public hearing, such order shall remain in force and be complied with by said
owner or occupant as originally entered by the fire marshal or as amended or revised
by the department of commerce, such compliance to be within five days of the date
of the action thereon by the department of commerce.
