This article 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 Town of Buchanan (from threats)
due to the air pollution and fire hazards of open burning, outdoor
burning and refuse burning.
This article applies to all outdoor burning and refuse burning
within the Town of Buchanan.
A. This article does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B. This article 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 §
290-9 of this article.
C. This article 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 article, the following terms shall have the
meanings indicated:
CAMPFIRE
A small outdoor fire intended for recreation or cooking not
including a fire intended for disposal of waste wood or refuse.
CLEAN WOOD
Natural 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.
FIRE CHIEF
The Chief of Buchanan Fire and Rescue or other person authorized
by the Fire Chief.
MAINTENANCE FIRE
A fire that is conducted as a means of disposing of excess
leaves, brush, clean wood and other vegetative debris from agricultural
property, nursery property, site preparation, spring/fall yard cleanup
or cleanup after a natural disaster. Maintenance fires are allowed
on residential and agriculturally zoned properties. Maintenance fires
for industrial or commercially zoned properties are not permitted.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney.
REFUSE
Any waste material except clean wood.
Open burning, outdoor burning and refuse burning are prohibited
in the Town of Buchanan unless the burning is specifically permitted
by this article.
Unless a specific written approval has been obtained from the
Department of Natural Resources, the following materials may not be
burned in an open fire, incinerator, burn barrel, furnace, stove or
any other indoor or outdoor incineration or heating device. The Town
of Buchanan will not issue a permit for burning any of the following
materials without air pollution control devices and a written copy
of an approval by the Department of Natural Resources:
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 Ch. NR 590,
Wis. Adm. 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 rubber-like products.
G. Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with Chapter
450, Solid Waste, of the Code of the Town of Buchanan.
A burn barrel may be used in the Town of Buchanan only in accordance
with the following provisions:
A. The burn barrel shall not be used to burn any of the prohibited materials listed in §
290-11 of this article and may only be used in accordance with the provisions of §
290-12 of this article.
B. The burn barrel shall be located at least 100 feet from the nearest
building that is not on the same property as the burn barrel.
C. The burn barrel shall have vent holes above the ash line for combustion
air and shall be covered with a heavy wire screen.
D. The burn barrel shall not serve a commercial or industrial enterprise.
E. The owner of the burn barrel shall obtain an annual permit from the Town in accordance with §
290-15 of this article.
Notwithstanding §§
290-10 and
290-11 of this article, Buchanan Fire and Rescue may burn a standing building if necessary for fire-fighting practice and if the practice burn complies with the requirements of the Department of Natural Resources.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire-suppression costs and any other liability resulting from
damage caused by the fire.
The Fire Chief or any authorized officer, agent, employee or
representative of the Town of Buchanan who presents credentials may
inspect any property for the purpose of ascertaining compliance with
the provisions of this article. (Note: 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.)