Village of Mazomanie, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Mazomanie 6-14-2011 by Ord. No. 2011-3.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 181.
Fire prevention — See Ch. 227.
[1]
Editor's Note: This chapter was originally adopted as Ch. 182, but was renumbered for organizational purposes.

§ 239-1 Purpose.

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 Mazomanie due to the air pollution and fire hazards of outdoor wood pellet burning.

§ 239-2 Applicability.

A. 
This chapter applies to any wood pellet outdoor heating device, equipment or apparatus or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of solid fuel to produce heat or energy used as a component of a heating system providing heat to any interior space or water source. Without limitation because of enumeration, this chapter specifically applies to outdoor pellet stoves or furnaces. 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 habitation.
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.

§ 239-3 Severability.

Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall remain in full force and effect.

§ 239-4 Prohibition.

The installation, placement, or use of an outdoor wood-burning device for the purposes of heating a house, garage, pool, hot tub or other structure as described above, in any zoning district of the Village of Mazomanie, is hereby prohibited.

§ 239-5 Permits for preexisting wood boilers.

A. 
Permits shall be issued by the Village Clerk based on an application form provided by that office and payment of a fee of $50. The permit shall be valid for one year from the date of issue and may be renewed only by the original permit holder. Upon the transfer of the title of a home or other building with an outdoor wood boiler, neither the valid permit nor the right to operate the existing boiler shall be transferred to the new owner.
B. 
Any person who shall violate any provision of this section shall have their permit revoked.
C. 
Boilers for utility or municipal purposed constructed under WDNR air emissions permits and in compliance with air quality standards are exempt from this chapter.

§ 239-6 Violations and penalties.

Any person operating an outdoor wood boiler without a permit upon conviction of such may be subject to a forfeiture of not more than $200. Each day such violation continues shall be considered a separate offense.

§ 239-7 Conflicting ordinances.

Any ordinance or any part thereof which conflicts with this chapter is hereby superseded by this chapter.

§ 239-8 When effective.

This chapter shall become effective upon its adoption and publication/posting in the manner provided for by law.