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Village of Richfield, WI
Washington County
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Table of Contents
Table of Contents
This chapter provides certain minimum standards, provisions, and requirements for safe and stable design, methods of construction and uses of materials in buildings and/or structures erected, constructed, enlarged, altered, repaired, moved, converted to other uses, or demolished and regulates the equipment, maintenance, use, and occupancy of all such buildings and/or structures. Its purpose is to protect and foster the health, safety, and well-being of persons occupying or using such buildings and the general public.
New buildings erected in or any building moved within or into the Village shall conform to all the requirements of this chapter except as they are specifically exempted in this chapter from part or all of its provisions. Any alteration, enlargement, or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing, or ventilating equipment which affects the health or safety of the users thereof, or any other persons, is a new building to the extent of such change. Any existing building shall be considered a new building for the purposes of this chapter whenever it is used for dwelling, commercial, or industrial purposes unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws of the state pertaining to construction and use and the Village of Richfield Zoning Ordinance and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and the Village of Richfield Zoning Ordinance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Commercial Building Code, Chs. SPS 361 to 366 and 375 to 379, Wis. Adm. Code, their referenced codes and standards, and subsequent revisions are adopted by reference in this section and made part of this chapter with respect to those classes of buildings to which such chapters specifically apply.
B. 
The State Electrical Code, Ch. SPS 316, Wis. Adm. Code, its referenced codes and standards, and subsequent revisions are adopted by reference in this section, and made part of this chapter with respect to electrical provisions to which such chapters specifically apply.
C. 
The State Flammable Liquids Code, Ch. SPS 310, Wis. Adm. Code, its referenced codes and standards, and subsequent revisions are adopted by reference in this section and made a part of this chapter with respect to flammable liquids to which such chapters specifically apply.
D. 
The State Well Drilling Code, Ch. NR 812, Wis. Adm. Code, its referenced codes and standards, and subsequent revisions are adopted by reference in this section and made a part of this chapter with respect to drilling to which such chapters specifically apply.
E. 
State Uniform Dwelling Code, Chs. SPS 320 to 325, their referenced codes and standards, and subsequent revisions are adopted by reference in this section and made a part of this chapter with respect to the construction and inspection of new one-family and two-family dwellings and additions or modifications to existing one-family and two-family dwellings to which such chapters specifically apply.
F. 
State Plumbing Code, Ch. 145, Wis. Stats., and the State Plumbing Code, Chs. SPS 381 to 387, Wis. Adm. Code, their referenced codes and standards, and subsequent revisions are adopted by reference in this section and made part of this chapter with respect to plumbing codes to which such chapters specifically apply.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any future amendments, revisions, and modifications of such chapters incorporated in this chapter are intended to be made part of this chapter. A copy of such chapters and amendments thereto shall be kept in the office of the Building Inspector. The building terms used in this chapter shall have the same meanings given them by the State Building Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any violation of such codes or amendments thereto shall constitute a violation of this chapter, whether the unlawful building alteration, installation, moving, or construction involved is specifically covered by other provisions of this chapter or not, and shall render the violator liable to the penalties contained in this chapter. The Building Inspector shall enforce the provisions of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Each violation of any provision of this Chapter 135 shall be subject to the penalties and remedies described in § 1-3 of this Code. In addition, and not to the exclusion or prejudice of such general penalties, the following additional penalties and remedies apply:
A. 
Any building or structure erected, enlarged, altered, repaired, moved, or any use hereafter established, in violation of the provisions of this chapter shall be deemed an unlawful building, structure, or use.
B. 
The Building Inspector shall promptly report all such violations to the Village Administrator who shall determine whether to notify the Village Attorney. Once notified, the Village Attorney shall then bring an action to enjoin the erection, enlargement, alteration, repair, or moving of such building or structure, or the establishment of such use, or to cause such building, structure or use to be removed.
C. 
In the event of violation, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense.
D. 
A permit issued pursuant to this chapter may be revoked by the Building Inspector if the Building Inspector finds that a violation has occurred.
E. 
Compliance with the provisions of this chapter may also be enforced by injunction order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
If the Building, Plumbing, or Electrical Inspector shall find at any time that applicable ordinances, laws, orders, plans, and specifications are not being complied with, and that the holder of the permit refused to conform after written warning or instruction has been issued to him or her, he or she shall revoke the building, electrical, or plumbing permit by written notice posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work until the permit is reissued, except such work as the Building, Electrical, or Plumbing Inspector may order to be done as a condition precedent to the reissuance of the permit or as he or she may require for the preservation of human life and safety.
A. 
General powers and duties. The Building Inspector shall enforce the provisions of this chapter and of all other ordinances and the laws and orders of the state which relate to building construction, plumbing, and electrical installations and for these purposes may at all reasonable times enter buildings and premises. He or she may pass upon any questions arising under the provisions of this chapter relating to buildings, subject to conditions contained in this chapter. No person shall interfere with the Inspector while in the performance of the duties prescribed in this chapter. He or she shall provide the Fire Inspector with a copy of all applications for building permits for public buildings.
B. 
Qualifications.
(1) 
The Building Inspector shall have the necessary qualifications required by the state to supervise the general construction of buildings.
(2) 
The Building Inspector shall be certified by the State Department of Safety and Professional Services to administer and enforce all the provisions of the State Codes.
C. 
Records. The Building Inspector shall keep a record of all applications for building permits in a computer program. The program shall keep a record showing the number, tax key identification, description, and size of all buildings erected, indicating the kind of materials used, and various details of the building project. He or she shall keep a record of all inspections made and of all removal and condemnation of buildings. He or she shall make a monthly computerized report to the Village Administrator regarding the matters described in this subsection.
D. 
Appeals. Any person feeling himself aggrieved by any order or ruling of the Building Inspector may within 20 days thereafter appeal from such order or ruling to the Board of Appeals. Such an appeal is to be in writing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Washington County Sheriff or other Village officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.
[Amended 5-17-2012 by Ord. No. 2012-4-1]
A. 
Permit required. No building or structure or any part thereof shall be erected, or ground broken for the same, or enlarged, altered, demolished, or used within the Village, except as provided in this section, until a permit shall first have been obtained by the owner, or his or her authorized agent, from the Building Inspector.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Deposit required. No building permit shall be issued by the Building Inspector for construction of a primary structure, construction of an addition to an existing primary structure, or as determined by the Building Inspector, on any land, until a road bond deposit in the amount of $2,000 has been paid by the applicant for such building permit. The deposit shall be paid to the Building Inspector at the time an application is made for the issuance of the building permit. The Building Inspector shall promptly turn the road bond over to the Village Treasurer or designee for depositing.[2]
(1) 
Deposit held pending Building Inspector release. The sums deposited shall be retained by the Village until the Building Inspector provides written authorization to the Village Treasurer or designee to refund the deposit, including itemization of any deductions the Village Treasurer or designee should make to the amount to be refunded to the applicant. The Building Inspector shall not authorize a refund of monies deposited until after final grading of the premises has been established and stabilized, the construction site is cleaned of all building materials and debris, and all applicable ordinances have been complied with, to the satisfaction of the Building Inspector.
(2) 
Road damage reimbursement. In the event damage is done to Village roads or to the road ditch adjacent to the property as a result of construction activities, the deposit shall be used to pay any costs incurred by the Village to repair such damage. In the event the deposit is insufficient to cover all costs incurred by the Village, the property owner shall be liable to the Village for payment of any excess costs.
(3) 
Deposit return; forfeiture. The balance of the deposit, after deducting such expenses incurred by the Village to repair the damage, or alternatively, the entire deposit in the event no such damage has occurred, shall be refunded by the Village Treasurer or designee to the applicant after receipt of written notice from the Building Inspector.
(4) 
Time to pay excess costs. The Building Inspector shall give each property owner billed for payment of any excess costs a period of time not to exceed 30 days to pay and, thereafter, if that charge remains unpaid, the Village Treasurer or designee shall automatically charge the delinquent bill against the current or next tax roll as a delinquent charge against the property as provided by § 66.0627, Wis. Stats., and other applicable laws. In the event the statement rendered to the property owner or the time given for the property owner to pay is too late in the current year for the charge, when it becomes delinquent, to be extended on that year's tax roll, then the delinquent charge shall be extended to the following year's tax roll.
(5) 
Appeal. Any person who wishes to dispute the amount of refund, deposit, forfeiture, or special charge may contact the Village Treasurer’s office, in writing, within 15 days of receipt of the action that is being disputed and request to appear before the Village Board at an upcoming regular Village Board meeting. Such person may, at that time, present the matter to the Village Board for resolution, and the Village Board may take such action regarding the deposit, forfeiture or special charge as it deems is reasonable and appropriate. Appeal from the decision of the Village Board shall be by writ of certiorari to the Washington County Circuit Court.
(6) 
Forfeitures to general fund. Any deposit amount forfeited under this subsection shall be transferred by the Village Treasurer or designee to the general fund for the Village. Thereafter, no person shall have any claim with regard to the deposit or any part thereof. No such forfeiture shall be construed to constitute a penalty under Chapter 1, General Provision.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Permit lapses. The building permit shall become void unless operations are commenced within six months from the date thereof, or if the building or work authorized by such permit is suspended at any time after work is commenced, for a period of 60 days. This period of time may be extended by the Building Inspector if the delay was due to conditions beyond the control of the applicant.
(1) 
Before any work is commenced or recommenced after the permit has lapsed, a new permit shall be issued at the original fee. In the event all work is not completed within 18 months from the date of issuance of the permit, the Building Inspector may elect to issue a continuation of the existing permit based on the value of the remaining construction cost if, in the opinion of the Building Inspector, the project is nearing completion and a completion schedule of not more than six months is established. If it is evident, in the opinion of the Building Inspector, that the project is not nearing completion or occupancy, a new permit application shall be submitted with the current fee.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
If the project or work is suspended for 90 consecutive days, the Building Inspector may order all materials, ladders, planks, or scaffolding to be removed from the site. The materials, ladders, planks, or scaffolding may be restored only after approval from the Building Inspector and only after there is assurance that the project or work will resume until completion.
D. 
Issuance of occupancy permit. If, upon the Building Inspector making a final inspection, the Building Inspector determines that a new building, structure, addition, alteration, item of equipment, or other work which is the subject of the permit conforms to the requirements of this Code and all other applicable legal requirements, an occupancy permit shall be issued, stating the purpose for which the building, structure, addition, alteration, equipment or other work is to be used. Until such building, structure, equipment, or work is in compliance with all of the requirements of this chapter, all other applicable legal requirements, and the permit with respect to the same and until any occupancy permit under this subsection is obtained, no occupancy or use thereof shall be maintained. Commercial, industrial, and multifamily buildings shall require approval by the Fire Department and Planning and Zoning Administrator before occupancy is granted by the Building Inspector.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Application. Applications for a building permit shall be made, in writing, upon a form furnished by the Building Inspector and shall state the name and address of the owner of the land and also the owner of the building, if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which such building is to be put, and such other information as the Building Inspector may require.
F. 
Dedicated street required. No building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes.
G. 
Compliance with private sewage system required. No building permit shall be issued until a permit for a private sewage system has been issued by the county.
H. 
Holding tanks. Holding tanks for new residential purposes shall be prohibited on all building sites created after December 31, 1976.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
Plans. With such application there shall be submitted a complete set of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining roads, highways, streets, alleys, lot lines and buildings. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Safety and Professional Services. One plan shall be submitted which shall remain on file in the office of the Building Inspector. All plans and specifications shall be signed by the designer. Plans for all new one- and two-family dwellings shall comply with the provisions of § SPS 320.09(4), Wis. Stats.
J. 
Approval of plans. If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the state, he or she shall issue a building permit which shall state the use to which such building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders, or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector. In case adequate plans are presented for part of the building only, the Building Inspector, at his or her discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.
K. 
Driveway installation required prior to construction. See Chapter 324, Streets and Sidewalks, of this Code.
L. 
Waiver of plans. If the Building Inspector finds that the character of the work is sufficiently described in the application, he or she may waive the filing of plans for alterations, repairs or moving.
M. 
Minor repairs and alterations. The Building Inspector may authorize minor repairs or alterations which do not change the occupancy area, structural strength, fire protection, exits, light, or ventilation of the building without requiring a building permit to be issued.
N. 
Inspection of work. The builder shall notify the Building Inspector when ready, and the Building Inspector shall inspect all buildings upon the completion of the footing forms, before backfill, again when ready for framing, and before drywall is applied. After completion, he or she shall make a final inspection of all new buildings, alterations, and existing buildings put to new uses. If he or she finds that the work conforms to the provisions of this chapter, he or she shall issue a occupancy permit which shall contain the date and the result of such inspection, a duplicate of which shall be filed in the office of the Village Clerk. Commercial, industrial, and multifamily buildings shall require approval by the Fire Department and Planning and Zoning Administrator before occupancy is granted by the Building Inspector.
A. 
Inspections.[1]
(1) 
The Building Inspector shall make a final inspection of all new, altered, or additions to commercial, industrial, institutional, and manufacturing buildings in the Village. If no violations of this chapter or any other ordinance are found, the Inspector shall issue a occupancy permit, stating the purpose for which the building is to be used.
(2) 
No commercial, industrial, institutional, or manufacturing building, nor part thereof, shall be occupied until such certificate has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the occupancy permit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Use discontinued.[2]
(1) 
Whenever any commercial, industrial, institutional, or manufacturing building or portion thereof is being used or occupied contrary to the provisions of this Code, the Inspector shall order such use or occupancy discontinued and the building or portion thereof vacated, by notice served on any person using or causing such use or occupancy to be continued and such person shall vacate such commercial, industrial, institutional, or manufacturing building or portion thereof within 10 days after receipt of the notice to make the commercial, industrial, institutional, or manufacturing building or portion thereof comply with the requirements of this Code.
(2) 
Any commercial, industrial, institutional, or manufacturing building, structure, or premises, or portion thereof, hereafter vacated or damaged by any cause whatsoever so as to jeopardize public safety or health shall not hereafter be occupied or used under an existing occupancy permit or without the same until an application has been filed and a new occupancy permit issued.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Change in use or occupancy. No change of use in the occupancy of any commercial, industrial, institutional, or manufacturing building, structure or premises or any part thereof shall be made unless or until a new occupancy permit or conditional use permit has been issued by the Building Inspector. "Occupancy" shall mean the owner or tenant who occupies or is in possession of the commercial, industrial, institutional, or manufacturing building, structure, or premises. "Use" means the purpose for which a commercial, industrial, institutional, or manufacturing building, structure, or premises is used or intended to be used.
D. 
Building Inspector shall issue permit. The Building Inspector shall issue an occupancy permit after an application therefor has been filed in his office and a fee paid by the owner, his or her agent or tenant if, after inspection, the Building Inspector finds that such commercial, industrial, institutional, or manufacturing building, structure, or premises or any part thereof complies with all regulations of this Code and all other requirements of the law or ordinance applicable to the proposed occupancy. Such occupancy permit shall indicate the use of the building, structure, premises or any part thereof.
E. 
Use and occupancy to remain unchanged. The occupancy permit shall be valid as long as the commercial, industrial, institutional, or manufacturing building, structure, or premises and the use and occupancy thereof remain unchanged, subject to provisions relating to conditional uses.
F. 
Not transferable. Any occupancy permit is not transferable and shall be valid only for the business, building, structure, or premises named therein.
The purpose of the inspections under this chapter is to improve the quality of housing in the Village. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. In order to so advise owners and other interested persons, a disclaimer shall be included in each inspection report as follows: "The findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use, or durability of equipment and materials not specifically cited herein is expressed or implied."
Private garages shall be built in accordance with the general construction standards established in the State Uniform Dwelling Code. The setback requirements of the garage are determined by the zoning district that the property is located in. Whenever a garage is constructed as part of any building, the ceiling, and the walls or wall separating the garage from other portions of the building shall be of not less than forty-five-minute fire-resistive construction as specified in Ch. SPS 321, Wis. Adm. Code.
All materials, methods of construction, and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved, in writing, by the State Department of Safety and Professional Services. Such materials, methods of construction, and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the State Department of Safety and Professional Services. The data, tests, and other evidence necessary to prove the merits of such material, method of construction, or device shall be determined by the State Department of Safety and Professional Services.
Whenever the Building Inspector finds any building or part thereof within the Village to be in his judgment so old, dilapidated or so out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation, occupancy or use that it would be unreasonable to repair the building, he shall notify the Administrator who may order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove it at the owner's option. Such order and proceedings shall be carried out in the manner prescribed for the razing of buildings in § 66.0413, Wis. Stats. Where the public safety requires immediate action, the Building Inspector shall enter upon the premises with such assistance as may be necessary, and cause the building or structure to be made safe or to be removed, and the expenses of such work may be recovered by the Village in an action against the owner or tenant.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The property owner and/or duly appointed agent representing the owner for any property upon which a new residential dwelling or nonresidential building is to be constructed shall provide temporary on-site septic receptacles, i.e., portable toilets, and solid waste containers, such as dumpsters, for the temporary storage of waste during building construction and for removal after building construction has been completed. Such containers shall be installed prior to commencement of construction, maintained in working condition and capacity throughout the duration of all construction activities, and be removed from the property not later than 10 days after the date the Building Inspector has completed final inspection.
A. 
Permit required. No sign except those signs excepted in Chapter 309, Signs, of this Code shall be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered until a sign permit is obtained from the Building Inspector.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Additional requirements. All signs shall conform to the provisions of Chapter 309.
A. 
Required.
(1) 
The Fire Chief has designated a key lock box system to be implemented within the Village. The Fire Chief or designee shall have the authority to require all new or remodeled structures to use the designated system.
(2) 
The following structures shall be equipped with a key lock box at or near the main entrance of the structure or such location approved by the Fire Chief or designee effective December 1, 2005:
(a) 
All commercial and industrial structures.
(b) 
Assembly occupancies, churches, schools, and restaurants.
(c) 
Any building or facility containing a quantity of hazardous materials which would require compliance with Title III of SARA (Superfund Amendment Reauthorization Act).
(d) 
Retail shops.
(e) 
Day-care and nursing care facilities.
(f) 
All multifamily residential structures comprised of four or more units in which access to the building, common areas, mechanical rooms, or electrical rooms within the building is denied through locked doors.
(g) 
Any structure with a locked gate at its access drive.
(h) 
Any structure deemed necessary by the Fire Chief.
(3) 
All newly constructed structures subject to this section shall have the key lock box installed and operational prior to final inspection and occupancy.
(4) 
The Fire Chief shall designate the type of key lock box system to be implemented within the Village and shall have the authority to require all structures to use the designated system.
(5) 
The owner or operator of a structure or a business within the structure required to have a key lock box shall, at all times, keep keys in the lock box that will allow for access to the following:
(a) 
Keys to all locked points of egress, whether on the interior or exterior of such buildings;
(b) 
Keys to all locked mechanical equipment rooms;
(c) 
Keys to all locked electrical rooms;
(d) 
Keys to all locked elevator controls;
(e) 
Keys to all locked fire alarm panels;
(f) 
Keys to all locked fire suppression systems; and
(g) 
Keys to other areas as required by the Fire Chief.
(6) 
The Richfield Volunteer Fire Company will be the only holder of the key that opens the key lock box.
(7) 
Entry keys shall be updated as necessary and will be checked as part of the fire inspection visits.
B. 
Exceptions.
(1) 
An exception to the requirements shall exist for buildings that are staffed 24 hours per day by either a front desk person or a caretaker.
(2) 
Where a required key lock box structure has multiple buildings on the property, only the main building would be required to have a key lock box, provided that:
(a) 
Outbuildings are within 300 feet of the main building entrance.
(b) 
Keys for outbuildings would be in the main building lock box.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CLEAN WOOD
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.
FIRE CHIEF
The Chief of the Village of Richfield Volunteer Fire Company or other person authorized by the Fire Chief.
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, vines, or brush smaller than three inches in diameter.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or chimney.
OUTDOOR BURNING
Open burning or burning in an outdoor solid-fuel-fired device.
OUTDOOR SOLID-FUEL-FIRED DEVICE
A wood-fired furnace, stove, or boiler that is not located within a building intended for habitation by humans or domestic animals.
REFUSE
Any waste material except clean wood.
STACK or CHIMNEY
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.
B. 
Operational requirements for solid-fuel-fired devices. An outdoor solid-fuel-fired device shall be operated in a manner not to create noxious or hazardous smoke, soot, fumes, odors, or air pollution resulting in a detrimental effect on the occupants of nearby properties or on the public.
C. 
Substantive requirements. Any outdoor solid-fuel-fired device or boiler installed after the effective date of August 1, 2009, shall be installed in accordance with this subsection and Subsection D of this section.
(1) 
An outdoor solid-fuel-fired device shall comply with all applicable standards governing air quality and emissions as may be promulgated and amended by the United States Environmental Protection Agency and the Wisconsin Department of Natural Resources.
(2) 
An outdoor solid-fuel-fired device shall be certified by a recognized product testing laboratory such as Underwriters' Laboratories (UL), Canadian Standards Association (CSA), or Intertek (ETL).
(3) 
The outdoor solid-fuel-fired device shall be located not less than 350 feet from the nearest inhabited building which is not on the same property as the outdoor solid-fuel-fired device.
(4) 
The outdoor solid-fuel-fired device shall be located not less than 50 feet from any structures on the same lot as the solid-fuel-fired device. This distance may be decreased if allowed by the manufacturer's specifications.
(5) 
If there are any residences located within 500 feet of the solid-fuel-fired device, the chimney of the appliance may need to 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 the manufacturer's recommendations and if the smoke from a lower chimney does not create a nuisance.
(6) 
An outdoor solid-fuel-fired device shall be fitted with an electro-mechanical-draft combustion system.
(7) 
An outdoor solid-fuel-fired device shall be fitted with a secondary heat exchanger, also known as a two-pass heat exchanger.
(8) 
All outdoor solid-fuel-fired devices shall be equipped with properly functioning spark arrestors.
(9) 
The owner of a solid-fuel-fired device shall provide a copy of his or her survey showing the proposed location of the appliance, the distance to the lot line, and the distance to the nearest neighbor's residence.
(10) 
Outdoor solid-fuel-fired devices are permitted only in the rear yard, unless approved otherwise by a special permit granted by the Village Board on a case-by-case basis.
D. 
Solid-fuel-fired device provisions. An outdoor solid-fuel-fired device may be used within the Village only in accordance with the following provisions:
(1) 
The outdoor solid-fuel-fired device shall not be used to burn any of the prohibited materials listed below:
(a) 
The burning of processed wood products and other non-wood products.
(b) 
Petroleum, kerosene, and gasoline products.
(c) 
Rubber.
(d) 
Plastics.
(e) 
Garbage.
(f) 
Painted or treated wood.
(g) 
Any other items not specifically recommended by the manufacturer.
(2) 
Manufacturer operating instructions shall be followed except when in conflict with this section.
(3) 
An outdoor solid-fuel-fired device may only be used from September 15 to May 31.
(4) 
The owner of the solid-fuel-fired device shall obtain an HVAC permit and an electric permit from the Village before installing the furnace/boiler. Such permits may be obtained from the office of the Village Building Inspector upon payment of a fee established by a separate resolution of the Village Board. The Building Inspector may issue the permits upon finding that the solid-fuel-fired device will be located, constructed and used in accordance with the requirements of this section.
(5) 
If a property owner submits an application to change the zoning designation of a parcel with an outdoor solid-fuel-fired device to another designation that does not allow an outdoor solid-fuel-fired device and the Village Board makes the requested change, the outdoor solid-fuel-fired device shall cease to operate upon enactment of the ordinance changing the designation.
E. 
Existing outdoor solid-fuel-fired devices. All existing units at the time of passage of this section which are not in compliance with the requirements of this section may remain as nonconforming units until such time as the solid-fuel-fired device is replaced or significantly repaired, at which time the solid-fuel-fired device will be brought into compliance with this section.
F. 
Permits. No person shall allow, maintain, or use an outdoor solid-fuel-fired device within the Village without first having obtained a permit from the Village Building Inspector on the forms prescribed by such official and paid the permit fee per the fee schedule.
G. 
Right of entry and inspection.
(1) 
The Building Inspector, Fire Chief, or any authorized officer, agent, or representative of the Village who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. Note: If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with § 66.0119, Wis. Stats.
(2) 
Special exception. Where the Village finds that extraordinary hardship will occur from the enforcement of this section, upon application to the Village Board, said Village 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 section.
H. 
Property owner's assumption of all risks. Persons responsible for lighting fires in the Village of Richfield assume all risks associated with such fire. Compliance with the requirements of this section 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.[2]
[2]
Editor's Note: Original § 14.02 of the prior Code, Dwellings, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).