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Village of Hobart, WI
Brown County
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[HISTORY: Adopted by the Village Board of the Village of Hobart 1-16-2018 by Ord. No. 2018-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 207.
Zoning — See Ch. 295.
[1]
Editor’s Note: This ordinance also repealed former Chapter 177, Furnaces, Outdoor, adopted as § 3.95 of the 2000 Code.
As used in this chapter, the following terms shall have the meanings indicated:
DETACHED HEATING DEVICE
Any equipment, device or apparatus, or any part thereof, which is not installed within the primary or principal structure, whether installed indoors or 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.
SEASONED NATURAL WOOD
Wood cut from trees which has been split, stacked, and allowed to dry for a minimum of six months.
STACKS or CHIMNEYS
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor solid-fuel-fired heating device; especially that part of such structures extending above a roof.
WOOD BOILER
Any self-contained heating plant, equipment, device or apparatus designed for the combustion of solid fuel employing the transfer of heat through hydronic methods. Wood boilers are also called wood-fired furnaces, wood-fired stoves, and outdoor furnaces.
A. 
Wood boilers are prohibited in all zoning districts, except in A-1 and A-2 Zoning Districts.
B. 
All detached 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 more strict than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply.
C. 
All detached heating devices installed within the Village limits are required to meet the following regulatory standards:
(1) 
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.
(2) 
Testing and listing: All devices shall be listed by a testing agency acceptable to the Village of Hobart.
D. 
Substantive requirements. All detached heating devices and wood boilers shall be installed, operated and maintained pursuant to the following conditions:
(1) 
Fuel. Only fuels specifically permitted, identified, or recommended by the manufacturer shall be used, except that the following fuels are strictly prohibited:
(a) 
Industrial waste, rubber, plastic, toxic chemicals, hazardous waste, yard waste, painted or chemically treated wood, processed wood products (except for wood pellets manufactured for use in heating devices), household garbage, cardboard, waste paper, or animal waste.
(b) 
Kerosene.
(c) 
Corn, corn cobs (except in A-1 and A-2 Zoning Districts).
(d) 
Any other items not specifically allowed by the heating device manufacturer or this section.
(2) 
Wood boiler location and chimney requirements shall be as follows:
(a) 
Twenty-five feet from nearest side or rear property line.
(b) 
One hundred feet from any road.
(c) 
Twenty-five feet from any structure.
(d) 
Fifteen feet minimum chimney height.
(e) 
Chimneys shall be a minimum of two feet above the highest eave line of any building within 100 feet.
(f) 
Chimneys shall be supported to withstand winds up to 90 miles per hour.
E. 
Existing detached heating devices. All existing legally permitted and installed units shall immediately comply with all manufacturer's specifications and be subject to Subsection D(1), Fuel, within 30 days from the effective date of this chapter. All existing nonconforming devices, upon the complaint of a Village resident, shall be removed, replaced, or modified to meet the requirements of this chapter within 45 days of notification of noncompliance from the Village Zoning Administrator/Building Inspector, Police Department, or other Village officer or agent.
F. 
Permits.
(1) 
No person shall allow, maintain or use a detached heating device in the Village of Hobart without first having obtained a permit from the Village Zoning Administrator/Building Inspector on the forms prescribed by such official. Permit fee per schedule.
(2) 
Violations. A permit may be suspended in the event the owner fails to comply with this chapter.
(3) 
Penalty. Any person who constructs, erects, or fails to remove, replace, or modify any detached heating device that does not meet the requirements of this chapter shall be subject to the penalty provided in § 1-3A.
Where the Village finds that extraordinary hardship will occur from the enforcement of this chapter, upon application to the Village Board, said Village Board may vary the regulations contained herein to afford substantial justice, provided that such variation will not have the effect of nullifying the intent and purpose of this chapter.