[3-3-2009; 2-17-2016; 2016 Code]
This chapter is intended to promote the public health, safety
and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the city due to the air pollution
and fire hazards associated with open burning, outdoor burning and
refuse burning.
[3-3-2009; 2-17-2016; 2016 Code]
This chapter does not apply to the following:
(A)Â
Outdoor grilling or cooking using charcoal, wood, propane or natural
gas in cooking or grilling appliances upon any lot on which the principal
structure is a one or two family dwelling.
(B)Â
Burning in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation unless the material
being burned includes refuse.
(C)Â
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device that is intended for heating, construction or maintenance
activities.
[3-3-2009; 2-17-2016; 2016 Code]
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
[3-3-2009; 2-17-2016; 2016 Code]
In this chapter:
Means a small outdoor fire intended for recreation or cooking,
not including a fire intended for disposal of Refuse.
Means a flue that carries off exhaust from an outdoor wood
fired furnace firebox or burn chamber.
Means natural wood which has not been painted, varnished
or coated with a similar material, has not been pressure treated with
preservatives and does not contain resins or glues as in plywood or
other composite wood products.
Means printed material containing personal identification
or financial information that the owner wishes to destroy.
Means the Wisconsin Department of Natural Resources.
Means an EPA OWHH (outdoor wood-fired hydronic heater program)
phase 1 program administered by the United States environmental protection
agency.
Means an outdoor wood-fired hydronic heater that has been
EPA OWHH phase 1 program qualified, the model has met the EPA OWHH
phase 1
Means the chief of the Monroe fire department, or such other
person as he or she shall designate.
Means emission level and has the proper qualifying label
and hangtag.
Means an outdoor wood-fired furnace that is first installed,
established or constructed after the effective date of this chapter.
Means kindling or maintaining a fire where the products of
combustion are emitted directly into the ambient air without passing
through a stack or a chimney.
Means open burning or burning in an outdoor wood-fired furnace.
Means use of a natural gas, LP gas, charcoal or hibachi grill
or other similar device for cooking where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
Means any equipment, device, application or apparatus, or
any part thereof, which is installed, affixed or situated outdoors
for the primary purpose of combustion of fuel to produce heat or energy
used as a component of a heating system providing heat for any interior
space or water source. An outdoor wood-fired furnace may also be referred
to as an outdoor wood boiler or outdoor wood-fired hydronic heater.
Means any waste material, except clean wood, including, but
not limited to, food wastes, food wraps, packaging, animal carcasses,
paint or painted materials, furniture, composite shingles, construction
or demolition debris or other household or business wastes.
[3-3-2009; 2-17-2016; 2016 Code]
Except as expressly authorized by this chapter, outdoor burning
is prohibited within the city.
[3-3-2009; 2-17-2016; 2016 Code]
(A)Â
The following materials may not be burned in an open fire, incinerator,
outdoor wood-fired furnace, burn barrel, furnace, stove or any other
indoor or outdoor incineration or heating device without a permit
issued by the city authorizing such burning:
(1)Â
Refuse, except used oil burned in a heating device for energy
recovery, subject to the restrictions in Chapter NR 590, Wisconsin
administrative code.
(2)Â
Asphalt and products containing asphalt.
(3)Â
Treated or painted wood including, but not limited to, plywood,
composite wood products or other wood products that are painted, varnished
or treated with preservatives.
(4)Â
Any plastic material including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
(5)Â
Rubber including tires and synthetic rubber-like products.
(B)Â
No permit may be issued under this section unless the person requesting
such permit produces written approval thereof by the fire chief, and
only such burning as has been authorized in such written approval
shall be authorized by such permit.
[3-3-2009; 2-17-2016; 2016 Code]
Except as expressly allowed in this section, Open Burning of
leaves, weeds, brush, stumps, clean wood, trees and other vegetative
debris is prohibited.
(A)Â
Except for barbecue, gas and charcoal grills, no open burning shall
be undertaken during periods when the fire chief has issued a burning
ban applicable to the area.
(B)Â
Campfires and small outdoor bonfires for cooking, ceremonies or recreation
are allowed, if the fire is confined by an Underwriters Laboratories,
Inc. approved control device. Bonfires are allowed only if approved
by, or under guidelines of, the fire chief.
(C)Â
Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance
of a right-of-way is allowed if approved by the fire chief and if
such burning complies with all other requirements of this chapter.
(D)Â
In emergency situations, such as natural disasters, burning that
would otherwise be prohibited is allowed if specifically approved
by the fire chief.
(E)Â
Open burning under this section shall be conducted only pursuant
to a permit issued under this chapter.
(F)Â
Open burning under this section shall only be conducted at a location
that is at least 50 feet from the nearest building which is not on
the same property.
(G)Â
Except for campfires and permitted bonfires, open burning shall only
be conducted during daylight hours.
(H)Â
Open Burning shall be constantly attended and supervised by a competent
person of at least 18 years of age until the fire is extinguished
and is cold. The person shall have readily available for use such
fire extinguishing equipment as may be necessary for the total control
of the fire.
(I)Â
No materials may be burned upon any street, curb, gutter or sidewalk
or on the ice of a lake, pond, stream or other body of water.
(J)Â
Except for outdoor grilling, no burning shall be undertaken within
20 feet from any combustible material, combustible wall or partition,
or exterior building wall penetration, including, without limitation,
windows, doors and heating and cooling ducts, unless authorized by
the fire chief.
(K)Â
Outdoor grilling shall not be undertaken on any balcony, under any
overhanging portion of a structure, or within 10 feet of a structure.
(L)Â
No open burning may be conducted on days when the DNR has declared
an ozone action day applicable to the city.
[3-3-2009; 2-17-2016; 2016 Code]
An outdoor wood-fired furnace may not be installed and used
in the city except as provided by this section:
(A)Â
No person shall construct, install, establish, operate or maintain
an outdoor wood-fired furnace in a way other than in compliance with
the applicable sections of this chapter.
(B)Â
No person shall operate an outdoor wood-fired furnace unless such
operation conforms to the manufacturer's instructions regarding
such operation and the requirements of this chapter.
(C)Â
Each new outdoor wood-fired furnace shall be constructed, established,
installed, operated and maintained in conformance with the manufacturer's
instructions and the requirements of this chapter. In the event of
a conflict between the requirements of this chapter and the manufacturer's
instructions, the stricter requirement shall apply.
(D)Â
The owner of a new outdoor wood-fired furnace shall produce the manufacturer's
owner's manual or installation instructions to the fire chief
or his or her designee to review before installation.
(E)Â
Each new outdoor wood-fired furnace shall be laboratory tested and
listed to appropriate safety standards such as UL, CAN/CSA, ANSI or
other applicable safety standards.
(F)Â
An outdoor wood-fired furnace shall not be located closer than 50
feet from the nearest building which is not on the same property as
the outdoor wood-fired furnace.
(G)Â
Each outdoor wood-fired furnace shall have a chimney that extends
at least 15 feet above the ground surface. If there are any residences
within 100 feet of the outdoor wood-fired furnace, the chimney shall
also extend at least as high above the ground surface as the height
of the roofs of all such residences. The building inspector may approve
a lesser height on a case by case basis if necessary to comply with
manufacturer's recommendations and if the smoke from the lower
chimney height does not create a nuisance for neighbors.
(H)Â
If an outdoor wood-fired furnace creates a nuisance, then the owner
of such outdoor wood-fired furnace shall abate such nuisance by:
(1)Â
Relocating the outdoor wood-fired furnace;
(2)Â
Extending the chimney;
(3)Â
Both relocating the outdoor wood-fired furnace and extending
its chimney; or
(4)Â
Ceasing all operations of the outdoor wood-fired furnace until
reasonable steps can be taken to ensure that the outdoor wood-fired
furnace will not be a nuisance.
(I)Â
Outdoor wood-fired furnaces shall be constructed, established, installed,
operated and maintained as follows:
(1)Â
Fuel burned in an outdoor wood-fired furnace shall be only clean
wood, wood pellets, corn products, biomass pellets or other fuels
specifically permitted by the manufacturer's instructions such
as fuel oil, natural gas or propane backup.
(2)Â
Use of the following fuels in an outdoor wood-fired furnace
is prohibited:
A)Â
Rubbish or garbage including, but not limited to, food wastes,
food packaging and food wraps.
B)Â
Plastic materials including, but not limited to, nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
C)Â
Rubber, including tires or other synthetic rubber-like products.
D)Â
Newspaper, cardboard, or any paper with ink or dye products.
E)Â
Any other items not specifically allowed by this chapter.
(3)Â
New outdoor wood-fired furnaces, other than EPA OWHH phase 1
program qualified models, shall be located on the property as follows:
[3-3-2009; 2-17-2016; 2016 Code]
Notwithstanding contrary provisions of this chapter, the Monroe
fire department is hereby authorized to burn a standing building if
necessary for firefighting practice and if the practice burn complies
with state regulations applicable to such practice burn.
[3-3-2009; 2-17-2016; 2016 Code]
Notwithstanding any contrary provision of this chapter, paper
and cardboard products may be used as a starter fuel for a fire that
is allowed under this chapter.
[3-3-2009; 2-17-2016; 2016 Code]
Except as expressly allowed in this section, no person shall
start or maintain any open burning without a burning permit issued
by the fire chief.
(A)Â
An outdoor campfire does not require a permit, if the fire complies
with all applicable provisions of this chapter.
(B)Â
Any person responsible for burning leaves, brush, clean wood or other
vegetative debris shall obtain a burning permit before starting the
fire.
(C)Â
When weather conditions warrant, the fire chief may declare a burning
moratorium on all open burning and suspend previously issued burning
permits for open burning.
(D)Â
A burning permit issued under this section shall require compliance
with all applicable provisions of this chapter and any additional
special restrictions considered necessary to protect public health
and safety.
(E)Â
Any violation of the conditions of a burning permit shall be considered
a violation of this chapter. Any violation of this chapter or the
burning permit shall void the permit.
[3-3-2009; 2-17-2016; 2016 Code]
A person who ignites open burning, or maintains or intentionally
allows open burning to continue, under circumstances where such person
could extinguish open burning, shall be responsible for all fire suppression
costs and any other liability resulting from damage caused by the
fire.
[3-3-2009; 2-17-2016; 2016 Code]
The fire chief or any authorized officer, agent, employee or
representative of the city, may inspect any property to enforce, or
determine compliance with, the provisions of this chapter.
[3-3-2009; 2-17-2016; 2016 Code]
(A)Â
Enforcement. The fire chief, building inspector and any sworn police
officer are authorized to enforce this chapter.
(B)Â
Penalties.
(1)Â
A person who violates any provision of this chapter shall be
subject to a Class 4 forfeiture for the first violation.
(2)Â
A person who violates any provision of this chapter shall be
subject to a Class 3 forfeiture upon conviction for the second violation
of this chapter within a 12 month period.
(3)Â
A person who violates any provision of this chapter shall be
subject to a Class 2 forfeiture upon conviction for the third or subsequent
violation of this chapter within a 12 month period.
(4)Â
In addition to payment of the forfeiture, a person who violates
any provision of this chapter shall pay to the city the reasonable
cost incurred by the city for prosecution of such violation.
