Town of St. Joseph, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of St. Joseph 3-2-2006 by Ord. No. 2006-1. Amendments noted where applicable.]
GENERAL REFERENCES

Outdoor burning — See Ch. 84.

§ 162-1
Definitions. 

§ 162-2
Distance restrictions; emission standards; installation and maintenance; homemade devices prohibited. 

§ 162-3
Fuel; chimney heights; location. 

§ 162-4
Inspection. 

§ 162-4.1
Violations and penalties; removal of devices. 

§ 162-5
Permits and variances. 

§ 162-6
Severability. 

§ 162-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid-fuel-fired outdoor heating device, especially that part of such structures extending above a roof.
SOLID-FUEL-FIRED OUTDOOR HEATING DEVICE
Any equipment, device 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.

§ 162-2 Distance restrictions; emission standards; installation and maintenance; homemade devices prohibited.

[Amended 11-5-2009 by Ord. No. 2009-3]
A. 

All solid-fuel-fired outdoor heating devices shall be located at least 100 feet from the nearest building which is not on the same property as the property on which the device is located.

B. 

All solid-fuel-fired outdoor heating devices installed within the Town limits are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference, together with any amendments or modifications made to them in the future.

C. 

All solid-fuel-fired outdoor heating devices shall be installed, operated and maintained in strict conformance with the manufacturer’s instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.

D. 

The owner of the solid-fuel-fired outdoor heating device shall produce the manufacturer’s instructions for all devices that do not conform to requirements of this chapter.

E. 

No homemade solid-fuel-fired outdoor heating devices will be allowed in the Town of St. Joseph.

F. 

Devices shall have self-contained weatherproofing or other weather protection acceptable to the Department of Commerce.

G. 

Devices shall be designed, constructed and operated at atmospheric pressure and be vented to prevent a positive pressure condition on the fluid.

H. 

Devices must be enclosed by fencing or other barriers to prevent access or tampering by unauthorized persons.

I. 

Devices must be provided with means to prevent freezing of water supply and return lines.

J. 

Devices must be installed with piping materials and fittings suitable for temperatures of the distribution system.

§ 162-3 Fuel; chimney heights; location.

All outdoor devices shall be installed, operated and maintained pursuant to the following conditions:

A. 

Fuel must be accepted and approved by the manufacturer. The following fuels are strictly prohibited:

[Amended 11-5-2009 by Ord. No. 2009-3]

(1) 

Processed wood products and other nonwood products not permitted by the manufacturer.

(2) 

Kerosene.

(3) 

Garbage.

(4) 

Painted or treated wood.

(5) 

Tires.

(6) 

Any other items not specifically allowed by the manufacturer or this provision.

B. 

Chimney heights and device location:

(1) 

Twenty-five feet from nearest side or rear property line.

(2) 

Within property setbacks per Town and county.

(3) 

Twenty-five feet from any structure on the property.

[Amended 11-5-2009 by Ord. No. 2009-3]

(4) 

Chimney heights per manufacturer.

(5) 

Height and location of device is at homeowner’s risk.

§ 162-4 Inspection.

[Added 11-5-2009 by Ord. No. 2009-3
Editor's Note: This ordinance also redesignated former § 162-4, Violations and penalties; removal of devices, as § 162-4.1.
]
A. 

Solid-fuel-fired heating appliances installed for commercial use shall be inspected in accordance and for compliance with Comm 41, and its successors, before the appliance is placed in operation.

B. 

Fees for inspection shall be set by the Town.

§ 162-4.1 Violations and penalties; removal of devices.

A. 

Any person who constructs, erects, operates, replaces or modifies any solid-fuel-fired outdoor heating device that does not meet the requirements of this chapter shall forfeit $25 per day for each day the noncomplying unit remains on the premises.

B. 

Illegally constructed or erected solid-fuel-fired outdoor heating devices shall be removed at the cost of the owner within 30 days of the first citation.

§ 162-5 Permits and variances.

[Added 11-5-2009 by Ord. No. 2009-3]
A. 

Permit issued if application in order. It shall be the duty of the Building Inspector/Zoning Administrator, upon the filing of an application for a permit, to examine such plans, specifications and other data and the premises upon which it is proposed to erect the solid-fuel-fired heating device. If it shall appear that the proposed structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the Town of St. Joseph, the permit shall then be issued. If the work authorized under a permit has not been completed within six months after the date of issuance, the permit shall be null and void.

B. 

Variances: In order to provide additional flexibility in the enforcement of this chapter and to alleviate hardship and injustice, the Town Board may, upon application, grant a variance from the terms of this chapter. The Town Board shall make a finding of fact that an undue hardship or injustice would exist if a variance were not granted and, therefore, may grant such variations based upon consideration of the following:

(1) 

That particular physical surroundings, shape or topographical conditions of the specific parcel of land involved exist so that strict adherence to the standards of this chapter would not allow a solid-fuel-fired heating device.

(2) 

That the condition involved is unique to the particular parcel of land involved.

(3) 

That the alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the parcel.

(4) 

That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood.

§ 162-6 Severability.

[Added 11-5-2009 by Ord. No. 2009-3]

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid, the remainder of this chapter shall not be affected thereby.