Town of Winneconne, WI Outdoor Heating Devices

Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This chapter is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town.

§ 226-2 Definitions.

Whenever any of the following terms are used in this chapter, such terms shall be deemed and construed to have the meaning ascribed to them as follows:

SOLID-FUEL-FIRED OUTDOOR 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.

STACKS or CHIMNEYS

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.

§ 226-3 Regulations.

All solid-fuel-fired outdoor heating devices shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and regulations and all other applicable local, state and federal standards.

All solid-fuel-fired outdoor heating devices shall be provided with written documentation from the manufacturer that the device meets the EPA emission criteria identified in 40 CFR 60.532(b)(2).

All solid-fuel-fired outdoor heating devices shall, in addition, be operated and maintained as follows:

(1)

Fuel shall be only natural untreated wood, or other solid fuel specifically permitted by the manufacturer such as corn or other pellets specifically designed for the solid fuel-fired outdoor heating device.

(2)

The following fuels are prohibited:

(a)

Processed wood products and any nonwood products.

(b)

Petroleum in any form.

Rubber.

Plastic.

Garbage.

Painted wood or treated wood.

(g)

Any other items not specifically allowed by the manufacturer.

Solid-fuel-fired outdoor heating devices shall be located only on properties zoned A-1 or A-2.

Chimney heights and device location shall be as follows:

(1)

Minimum chimney height of 15 feet.

(2)

Twenty-five feet from the nearest side or rear property line.

(3)

One hundred feet from any road.

(4)

Two feet above the highest eve line of any building within 200 feet of the device on an adjacent property.

(5)

All chimneys greater than 15 feet in height above the ground shall be provided with documentation from the manufacturer specifying that the solid fuel-fired outdoor heating device will function with this increased chimney height and how the chimney shall be supported.

The owner of the solid-fuel-fired outdoor heating device shall obtain a HVAC permit from the Town of Winneconne before installing a solid-fuel-fired outdoor heating device.

All solid-fuel-fired outdoor heating devices must be installed in accordance with all Town codes and manufacturer's guidelines.

Prior to use, all solid-fuel-fired outdoor heating devices must be inspected and approved by the Building Inspector.

§ 226-4 Nuisances.

Should any solid-fuel-fired outdoor heating device permitted under this chapter become hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, as determined by the Building Inspector, Fire Chief, and/or the County Health Department, then the owner shall correct, improve or abate the nuisance using whatever means are necessary in accordance with this section. If the nuisance cannot be abated, then operation of the device shall be discontinued until a solution to the nuisance can be found.

§ 226-5 Existing and nonconforming devices.

All existing units shall immediately comply with all manufacturers' specifications and are subject to § 226-3C within 30 days from the effective date of this chapter.

All existing nonconforming devices, upon the complaint of a Town resident, shall be investigated by the Town Building Inspector who will submit a report of his/her findings to the Town Board. The Town Board shall make the final determination as to whether the device shall be allowed, removed, replaced or modified to meet the requirements of this chapter. If the determination is made that the device must be removed, replaced or modified, the owner shall have 45 days from notification to rectify the situation as specified by the Town Board. This notification shall be delivered by the Town Building Inspector, Town Police Department or other Town officer or agent.

§ 226-6 Exceptions.

Where the Town of Winneconne 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 exception will not have the effect of nullifying the intent and purpose of this chapter.

§ 226-7 Violations and penalties.

Any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4 of the Code.