Fire Regulations in De Pere, WI: What Residents Actually Need to Know

If you live in De Pere or are thinking about moving there, fire regulations are one of those things you probably won't think about until they affect you directly. De Pere has 3 specific rules on the books covering different aspects of fire regulations, and some of them might surprise you.

Fire Pits & Backyard Fires

De Pere exempts backyard campfires and fire pits at single-family and two-family homes from its open burning ban under City Code § 58-9(b), so long as the fire sits at least 15 feet from any building and stays within a two-foot diameter. An adult 18 or older must attend the fire at all times, and only unprocessed wood may be burned.

Key details: Setback from structures: At least 15 feet from any building. Fire pit size: Max 2-foot diameter, 2 feet tall. Attendant required: Adult 18 or older at all times. Allowed fuel: Naturally occurring, unprocessed wood only. Renter requirement: Written permission from the property owner.

Recreational fires that violate any of the ten conditions in section 58-9(b), such as burning trash, leaving a fire unattended, or ignoring a neighbor's nuisance-smoke complaint, fall back under the general open-burning prohibition and the chapter 58 penalty at section 58-10, which ties enforcement to the citywide penalties provision in section 1-11. The person who started or maintained a noncompliant fire is also billed directly for any fire department response the fire triggers.

Outdoor Burning

De Pere bans all open burning within city limits under Code § 58-9(a), except for the narrow exemptions the section itself carves out for recreational fires, approved cooking grills, and fire department training burns. The fire chief can also declare a citywide burning ban during high fire-danger conditions and prohibit even exempted fires.

Key details: Default rule: All open burning prohibited citywide. Recreational fire exemption: Single- and two-family homes, ten conditions. Emergency authority: Fire chief may impose additional burn ban. Ban trigger: Environmental conditions creating serious fire threat. Training exemption: Approved live fire training only.

Open burning outside the section's exemptions, or burning during a fire chief's emergency ban, is enforced under the chapter 58 penalty at section 58-10, which applies the citywide forfeiture schedule set out in section 1-11. Fire department personnel responding to an illegal burn can also bill the responsible party for the cost of the service call.

This is one of the stricter rules in De Pere's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Smoke Detectors

De Pere folds the state's smoke and carbon monoxide detector rules straight into its own building code. Sec. 54-3(a)(1)h adopts Wis. Admin. Code ch. SPS 328 by reference, and Sec. 54-3(c) extends it to new construction, additions, alterations, and even pre-1980 homes, garages and accessory buildings when they are worked on.

Key details: Adopted standard: Wis. Admin. Code ch. SPS 328. Adopting section: De Pere Code § 54-3(a)(1)h. Applies to: New builds, additions, alterations, pre-1980 homes. Also covers: Detached garages and accessory buildings. Enforced by: City building inspector at permit inspections.

Chapter 54 attaches no detector-specific fine, so a violation of the adopted SPS 328 standard falls under the Code's general forfeiture in Sec. 1-11(a): not less than $1.00 nor more than $2,000.00 for each offense, rising to $10.00-$2,000.00 for a repeat offense under Sec. 1-11(b). Because compliance is checked at rough and final inspection under Sec. 54-3(d), a missing or defective detector can also hold up the certificate of occupancy required by Sec. 54-3(f)(9) before the dwelling may be used.

The Bottom Line

De Pere's fire regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming De Pere is broadly strict or permissive.

All of the above reflects De Pere's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.