[HISTORY: Adopted by the Town Board of the Town of Lawrence 4-10-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 130.
Nuisances — See Ch. 189.
Solid waste — See Ch. 254.
The purpose of this chapter is to promote the public health, safety, and welfare and safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Town of Lawrence from the air pollution and fire hazards resulting from solid-fuel-fired heating devices.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Town Board of the Town of Lawrence has the specific authority under § 60.77, Wis. Stats., and the general authority under its village powers pursuant to § 61.34, Wis. Stats., to adopt this chapter. The Town Board of Supervisors is authorized to adopt additional rules and regulations as may be necessary for the management of solid-fuel-fired heating devices and the use thereof and may implement and enforce the same.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
This chapter applies to all outdoor burning and refuse burning within the Town of Lawrence subject to the following:
A. 
This chapter does not apply to grilling or cooking using charcoal, wood, propane, or natural gas in cooking or grilling appliances.
B. 
This chapter does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in § 248-4 of this chapter.
C. 
This chapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
As used in this chapter, the following terms shall have the meanings indicated:
CHIMNEY or STACK
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.
CLEAN DRY WOOD
Natural, untreated dry wood which has not been painted, varnished or coated with a similar material and has not been pressure-treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
FUEL
Fuel shall be only clean dry wood or wood specifically permitted by the manufacturer. The following fuels are strictly prohibited:
A. 
The burning of processed wood products and other nonwood products.
B. 
Petroleum, kerosene and gasoline products.
C. 
Rubber.
D. 
Plastics.
E. 
Garbage.
F. 
Painted, coated, or treated wood.
G. 
Wet wood.
H. 
Any other items not specifically allowed by the manufacturer or this chapter.
REFUSE
Any waste material except clean dry wood.
SOLID-FUEL-FIRED 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.
A. 
If any solid-fuel-fired heating device permitted under this chapter becomes hazardous, harmful, noxious, and offensive or a nuisance to the surrounding neighborhood, the owner or occupant may be required to correct, improve or abate such conditions.
B. 
All solid-fuel-fired 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, as well as the Wisconsin State Statutes and Wisconsin Department of Natural Resources regulations.
C. 
All solid-fuel-fired heating devices shall be installed, operated and maintained in strict conformance with the manufacturer's instructions, the Uniform Dwelling Code (UDC) and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All solid-fuel-fired heating devices shall be installed, operated and maintained pursuant to the following provisions:
A. 
All solid-fuel-fired heating devices are prohibited in Multifamily Residential (R-3), Business (B-1), Limited Industrial (LI), General Industrial (GI), and Planned Development (PD) Zoning Districts and condominium properties.
B. 
The solid-fuel-fired heating device shall not be used to burn any of the prohibited materials listed in the definition of "fuel" in § 248-4 of this chapter.
C. 
The solid-fuel-fired heating device shall be erected on a concrete slab.
D. 
The solid-fuel-fired heating device shall be located at least 300 feet from the nearest human/animal inhabited building which is not on the same property as the solid-fuel-fired heating device.
E. 
The solid-fuel-fired heating device shall be located at least 25 feet from any structure located on the same property as the solid-fuel-fired heating device.
F. 
The 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 500 feet, the chimney shall also extend at least as high above the ground surface as the height of the roofs of all such residences. The Town Board 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 the lower chimney height does not create a nuisance.
G. 
All wood and other combustible materials shall be stored no less than 10 feet from the solid-fuel-fired heating device.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
All existing units shall immediately comply with the Uniform Dwelling Code, manufacturer's specifications and specifications of this chapter and all must comply with all other Building Code requirements within 30 days from the effective date of this chapter. All existing nonconforming devices, upon the complaint of a Town resident, shall be removed, replaced, or modified to meet the requirements of this chapter within 45 days of notification of noncompliance from the Town Building Inspector, Fire Department, or other Town officer or agent.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Any owner may petition the Town Board for a variance from the strict physical requirements of this chapter under § 248-6C, D, E, F and G if compliance would constitute an undue financial or physical hardship in relation to the financial investment made to date and physical reconfiguration necessary for compliance. The Town Board may grant partial or complete variances for units existing at the time of passage of this chapter pertaining to the physical specifications, to accommodate undue financial or physical hardship and to avoid an unconstitutional "taking" of the owner's personal property without compensation.
C. 
Variances will not apply to fuel restrictions under the definition of "fuel" in § 248-4 and § 248-5A, B and C.
No person shall allow, maintain or use a solid-fuel-fired heating device in the Town of Lawrence without first having obtained a permit from the Town Building Inspector. Such permit can be obtained from the Town of Lawrence 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 solid-fuel-fired heating device will be located, constructed, and used in compliance with the requirements of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A permit may be suspended in the event the owner fails to comply with this chapter.
A. 
The Brown County Sheriff's Department, local Police Department, Fire Chief, Town of Lawrence Building Inspector and Town of Lawrence Board of Supervisors are authorized to enforce the provisions of this chapter.
B. 
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 chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
A violation of this chapter 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.
D. 
Any person who shall violate any provisions of this chapter shall, upon due conviction thereof, be subject to a penalty as provided in § 1-3 of this Code. Each violation of this chapter and each day of violation of this chapter shall constitute a separate offense.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Violators shall also be obligated to reimburse the Town for all costs, expenses, and reasonable attorney fees for the successful enforcement of this chapter against such violators.
A. 
The Fire Chief, Fire Inspector, Building Inspector or any agent authorized by the Town of Lawrence Board of Supervisors who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this chapter.
B. 
Special exception. Where the Town finds that extraordinary hardship will occur from the enforcement of this chapter, 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 chapter.
Persons responsible for lighting fires in the Town of Lawrence assume all risks associated with such fire. Compliance with the requirements of this chapter 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.