Wisconsin Statutes
Wis. Stat. § 213.05 (2026)
Organization of town fire companies
✓ current as of July 2026
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213.05213.05 Organization of town fire companies. Any number of persons, not less than 15, not residing in any city or village may organize a fire company as a nonstock corporation under ch. 181 for the protection of life and property. A corporation organized under this section shall have all of the powers of a corporation, including the powers respecting real estate necessary or proper to accomplish the purposes prescribed by the company’s articles of organization, and shall be governed by all of the provisions of the statutes applicable to fire companies and nonstock corporations.
213.05 Cross-referenceCross-reference: See s. 102.07 (7) for provision as to worker’s compensation liability.
213.05 AnnotationVolunteer fire department organized as nonprofit corporations under s. 213.05 are not subject to the open meeting law. 66 Atty. Gen 113.
213.05 AnnotationWhether a private sector fire department may be transformed into a public department upon reaching a certain level of governmental involvement is discussed. 80 Atty. Gen. 61.
Notes of Decisions
Cited in 5
cases, 1952–2009 · leading case: Mellenthin v. Berger, 2003 WI App 126 (Wis. Ct. App. 2003).
Mellenthin v. Berger, 2003 WI App 126 (Wis. Ct. App. 2003). “3 The Mellenthins attempt to explain why towns fulfill the definition of "persons" such that Wis. Stat. § 213.05 could have been utilized to create Durand Rural.”
Allenton Volunteer Fire Dep't v. Soo Line R.R., 372 F. Supp. 422 (E.D. Wis. 1974). “The plaintiff contends that § 213.05 of the statutes grants fire companies all the powers of a corporation and, therefore, that the plaintiff has the power to engage in the services for which it was organized and to charge for those services.”
Selzler v. Dresser, Osceola, Garfield Fire Dep't, 415 N.W.2d 546 (Wis. Ct. App. 1987). “60 do not enjoy the $25,000 limitation that is applied to volunteer fire departments organized under ch.”
Town of Clayton v. Cardinal Const. Co., Inc., 2009 WI App 54 (Wis. Ct. App. 2009). “See Wis. Stat. § 213.05 . 6 Nor does the legislative history specific to Wis.”
Rudolph Volunteer Fire Dep't v. Town of Rudolph, 50 N.W.2d 915 (Wis. 1952). “Sec. 213.05, Stats., provides that a certain number of persons may organize a firé company as a corporation in the manner prescribed in ch.”
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