[HISTORY: Adopted by the Village Board of the Village of Hollandale 2-1-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Building regulations — See Ch. 125.
Fires and fire prevention — See Ch. 179.
Nuisances — See Ch. 256.
Zoning — See Ch. 375.
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 Village of Hollandale due to the air pollution from outdoor wood-fired furnaces and other solid-fuel-fired devices.
This chapter applies to all outdoor wood-fired furnaces and other solid-fuel-fired devices within the Village of Hollandale.
As used in this chapter, the following terms shall have the meanings indicated:
CLEAN WOOD
Natural dry 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.
OUTDOOR WOOD-FIRED FURNACE
A wood furnace, stove or boiler that is not located within a building intended for habitation by humans.
REFUSE
Any waste material except clean wood.
SOLID-FUEL-FIRED HEATING DEVICE
A device designed for solid fuel combustion so that usable heat is derived for the interior of a building and includes solid-fuel-fired stoves, fireplaces, solid-fuel-fired cooking stoves, and combination fuel furnaces or boilers which burn solid fuel, including outdoor wood-fired furnaces.
A. 
The outdoor wood-fired furnace shall be installed and used only in parcels of sufficient size to meet distance requirements to neighboring buildings or building sites, except that an outdoor wood-burning furnace may be installed in an area zoned agricultural.
B. 
The outdoor wood-fired furnace shall be located at least 250 feet from any residence which is not on the same property as the outdoor wood-fired furnace.
C. 
If there is a residence within 250 feet of the wood-fired furnace which is not on the same property, then the outdoor wood-fired furnace shall have an attached permanent stack extending higher than the roof ridge line of the structure being served.
D. 
An existing outdoor wood-fired furnace that has been installed prior to this chapter going into effect is exempt from the distance requirement.
E. 
The outdoor wood-fired furnace shall comply with all applicable laws, including but not limited to Village ordinances that prohibit creating a human health hazard or a public nuisance.
F. 
Only clean wood may be used in the furnace.
G. 
The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in § 195-5.
H. 
The owner of the outdoor wood-fired furnace shall obtain a permit from the Village of Hollandale before installation and pay a permit fee as determined by the Village Board.
Unless specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned:
A. 
Rubbish or garbage, 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.
B. 
Waste oil or other oily wastes, except used oil burned in a heating device for energy recovery subject to the restrictions in Chapter NR 679, Wisconsin Administrative Code.
C. 
Asphalt and products containing asphalt.
D. 
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.
E. 
Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
F. 
Rubber, including tires and synthetic rubberlike products.
G. 
Newspaper, corrugated cardboard, container board, office paper and other similar paper products, except as provided below:
(1) 
Paper and cardboard may be used as a starter fuel.
(2) 
Small quantities of confidential papers from a residence may be burned if necessary to prevent the theft of financial records, identification or other confidential information. However, confidential papers from a commercial enterprise shall be shredded or destroyed in a manner other than burning.
A. 
When required. A permit shall be obtained from the Village of Hollandale to install a wood-fired furnace or change the structure or location of an existing wood-fired furnace.
B. 
Application. An application for a wood-fired furnace permit shall be made to the Village of Hollandale upon forms furnished by the Village that shall include, for the purpose for enforcement of these regulations, the following data:
(1) 
Name and address of applicant and property owner;
(2) 
Legal description of the property; and
(3) 
A sketch of the dimensions of the property, including location of buildings and the wood-fired furnace relative to the lot lines and distances from residences on adjacent properties.
C. 
Fee. All permits applied for under this section shall include an application fee that shall be determined from time to time by the Village Board.
D. 
Application process.
(1) 
Upon receipt by the Village, the application shall be referred to the Village Building Inspector;
(2) 
The Village shall issue a permit under this section for wood-fired furnaces that meets the standards established by this chapter.
E. 
Validity of permit. The permit shall be valid for two years from the date of issue. Installation of the wood-fired furnace shall be completed during that time or the applicant shall reapply for a permit.
Other solid-fuel-fired devices shall abide by § 195-4F regarding material to be burned and § 195-5, Materials that may not be burned. The stack must be higher than the roof ridge of the structure being served or the highest roof ridge on the served property, whichever is higher.
An officer, agent, employee or representative of the Village of Hollandale who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this chapter. 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.
The lawful use of a nonconforming outdoor wood-fired furnace existing at the time of the adoption or amendment of this chapter may be continued although such furnace does not conform to the provisions of this chapter. However, the use of a nonconforming outdoor wood-fired furnace shall not be a public nuisance or cause a human health hazard prohibited by § 256-3, Public nuisances affecting health, of the Code of the Village of Hollandale.
A structure may be constructed for the purpose of housing the outdoor wood burner upon proper application of a building permit.
A. 
The Village Board is authorized to enforce the provisions of this chapter.
B. 
Any person who violates any provision of this chapter shall be subject to a penalty as provided in § 1-3 of the Code of the Village of Hollandale.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).