[Adopted 10-9-2006 by Ord. No. 06-12]
As used in this article, the following terms shall have the
meanings indicated:
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.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device, especially
that part of such structure extending above a roof.
If any solid-fuel-fired heating device permitted under this
article becomes hazardous, harmful, noxious, offensive or a nuisance
to the surrounding neighborhood, the owner or occupant may be required
to correct, improve or abate such conditions by such measures in accordance
with Section 3.04(3) of the Waukesha County Zoning Code.
All outdoor devices shall be installed, operated and maintained
pursuant to the following conditions:
A.
Fuel. Fuel shall be only natural, untreated wood or wood specifically
permitted by the manufacturer. The following fuels are strictly prohibited:
(1)
The burning of processed wood products and other nonwood products.
(2)
Petroleum, kerosene and gasoline products.
(3)
Rubber.
(4)
Plastics.
(5)
Garbage and/or trash.
(6)
Leaves.
(7)
Paper products or cardboard.
(8)
Railroad ties.
(9)
Painted wood or treated wood.
(10)
Any other items not specifically allowed by the manufacturer
or this article.
An outdoor solid fuel-fired heating device may be used in the
Town of Genesee only in accordance with the following provisions:
A.
The outdoor solid-fuel-fired heating device shall not be used to burn any of the prohibited materials listed in § 330-11A of this article.
C.
The outdoor solid-fuel-fired heating device shall have a chimney
that extends at least 15 feet above the ground surface. If there are
any residences within 400 feet, the chimney shall also extend at least
as high above the ground surface as the height of the roofs of all
such residences. All stacks shall be equipped with a cap having a
spark arrester.
[Amended 12-10-2007 by Ord. No. 07-4]
D.
The owner of the outdoor solid-fuel-fired heating device shall obtain
a building permit from the Town of Genesee before installing the outdoor
solid-fuel-fired heating device. Such permit can be obtained from
the Town of Genesee Building Inspector upon payment of the fee established
by separate resolution of the Town Board from time to time. The Building
Inspector may issue the permit upon finding that the outdoor solid-fuel-fired
heating device will be located, constructed, and used in compliance
with the requirements of this article.[2]
All existing units shall immediately comply with all manufacturer's
specifications and specifications of this article and all must comply
with all other building code requirements within 90 days from effective
date of this article. All existing nonconforming devices, upon the
complaint of a Town resident or Town official, shall be removed, replaced,
or modified to meet the requirements of this article within 45 days
of notification of noncompliance from the Town Building Inspector,
Fire Department, or other Town officer or agent.
[Amended 2-9-2015 by Ord.
No. 15-1]
No person shall allow, maintain or use an outdoor solid-fuel-fired
heating device in the Town of Genesee without first having obtained
a permit from the Town Building Inspector on the forms prescribed
by such official, except an outdoor solid-fuel-fired heating device
installed prior to the enactment of this article. Permit fee per schedule.
A permit may be suspended in the event the owner fails to comply
with this article.
[Amended 2-9-2015 by Ord.
No. 15-1]
A.
The Waukesha County Sheriff's Department, Fire Chief, Town of
Genesee Building Inspector and Town of Genesee Board of Supervisors
are authorized to enforce the provisions of this article.
B.
Outdoor solid-fuel-fired heating device permits may be revoked by
the Building Inspector if the Building Inspector finds that burning
has been conducted in violation of this article.
C.
A violation of this article is hereby declared to be a public nuisance
which may be enforced through injunction or abatement proceedings
or other applicable remedies as allowed by law, which shall be in
addition to such other penalties and remedies as may apply.
A.
The Fire Chief or any authorized officer, agent, employee or representative
of the Town of Genesee who presents credentials may inspect any property
for the purpose of ascertaining compliance with the provisions of
this article.
B.
Special exception. Where the Town finds that extraordinary hardship
will occur from the enforcement of this article, upon application
to the Town Board, said Town Board may vary the regulations contained
herein to afford substantial justice, provided that such special exception
will not have the effect of nullifying the intent and purpose of this
article.
Persons responsible for lighting fires in the Town of Genesee
assume all risks associated with such fire. Compliance with the requirements
of this article shall not relieve such person from the ultimate responsibility
to ensure that the fire is conducted safely and appropriately with
due regard for the health, safety and welfare of all persons and property
potentially affected by the fire.
[Added 2-9-2015 by Ord.
No. 15-1]
