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Ashwaubenon, WI Fire Regulations: Smoke Detectors (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
Village Code ch. 13, Art. 3, Fire Prevention Code
State standard adopted
Wis. Admin. Code ch. SPS 328, by reference
Hardwire order trigger
3 consecutive failed inspections of battery detectors
First-offense penalty
$1 to $5,000 forfeiture plus costs
Repeat offense default
Up to 6 months jail if unpaid
Enforcing officials
Building Inspector and designated Fire Inspector

Summary

The Village of Ashwaubenon adopts the Wisconsin smoke detector and carbon monoxide detector code by reference under its own Fire Prevention Code, and its Fire Inspection Division can order battery-powered detectors that fail three consecutive inspections replaced with hardwired units. Violations carry the Village's general forfeiture penalty of $1 to $5,000 per offense.

The most current edition and any subsequent editions, as amended from time to time, of the following are adopted by reference and made a part hereof, as if fully set forth herein: ... (B) The provisions of the Wisconsin Administrative Code: ... (8) Smoke Detectors and Carbon Monoxide Detectors, Wis. Admin. Code ch. SPS 328. ... (D) Any violation of any provision of the codes enumerated in Section 13-3-1 shall be a violation of this code.

Full Breakdown

Village of Ashwaubenon Code § 13-3-1 adopts, "as amended from time to time," the Wisconsin Administrative Code's smoke detector and carbon monoxide detector standard, ch. SPS 328, as part of the Village's own Fire Prevention Code in Chapter 13, Article 3. That folds the state placement, interconnection and power-source rules directly into local law: § 13-3-1(D) makes any violation of the codes enumerated in that section, including SPS 328, a violation of the Village Code in its own right, not merely a state matter left to a separate citation.

The Village's Fire Inspection Division also has its own enforcement tool for detectors beyond the adopted state standard. Under § 13-2-6, when the code official finds a defective, inoperative or improperly maintained detection or suppression system during three consecutive fire prevention inspections or reinspections, the official may order specific remedies by component. For "one or more battery-operated smoke detectors which have been inoperative during inspections," § 13-2-6(C) authorizes the code official to order the premises "equipped with smoke detectors hardwired into the premises' electrical service," ending reliance on batteries at that property going forward. Responsibility for the adopted codes splits between the Building Inspector, who handles new-construction compliance before an occupancy permit issues, and the Village's designated Fire Inspector, who handles ongoing care-and-maintenance inspections after occupancy, per § 13-3-1(E).

Enforcement runs through the chapter's own penalty clause. Section 13-1-5 ties any Chapter 13 violation to the Village's general penalty in § 1-1-13: a first offense forfeits not less than $1.00 nor more than $5,000.00 plus costs of prosecution, with jail up to 90 days in default of payment; a second offense within one year for the same ordinance draws the same forfeiture range but up to six months in default. Each day a violation continues is charged as a separate offense.

Violations & Fines

First-offense violations, including noncompliance with a § 13-2-6 hardwiring order, forfeit not less than $1.00 nor more than $5,000.00 plus prosecution costs, with jail up to 90 days if the forfeiture goes unpaid. A repeat violation of the same ordinance within one year carries the same forfeiture range but up to six months in default. Each day a violation continues counts as a separate offense under § 1-1-13.

Frequently Asked Questions

Does Ashwaubenon require smoke alarms in every home?
Yes. Village Code § 13-3-1(B)(8) adopts Wisconsin Administrative Code ch. SPS 328, the state smoke detector and carbon monoxide detector standard, "by reference and made a part" of the Village's own Fire Prevention Code, so failing the state placement and power rules is also a village code violation, not just a state one.
What happens if my smoke detector keeps failing inspection?
Under § 13-2-6(C), if a battery-operated smoke detector is found inoperative during three consecutive Village fire inspections or reinspections, the code official may order the property equipped with smoke detectors hardwired into the building's electrical service instead of relying on batteries.
Who enforces the smoke detector rule in Ashwaubenon?
The Building Inspector handles smoke detector compliance for new construction before an occupancy permit issues, while the Village's designated Fire Inspector takes over ongoing care-and-maintenance inspections after occupancy is granted, under § 13-3-1(E) of the Fire Prevention Code.
What is the fine for a smoke detector violation in Ashwaubenon?
A first offense under Chapter 13 forfeits not less than $1.00 nor more than $5,000.00 plus prosecution costs, with jail up to 90 days if unpaid, per § 13-1-5 and the general penalty in § 1-1-13. A second offense within a year can draw up to six months in default.

Sources & Official References

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