[Adopted 10-9-2006 by Ord. No. 06-12]
As used in this article, the following terms shall have the meanings indicated:
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.
STACK or CHIMNEY
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.
If any solid-fuel-fired heating device permitted under this article becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, the owner or occupant may be required to correct, improve or abate such conditions by such measures in accordance with Section 3.04(3) of the Waukesha County Zoning Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All outdoor devices shall be installed, operated and maintained pursuant to the following conditions:
A. 
Fuel. Fuel shall be only natural, untreated wood or wood specifically permitted by the manufacturer. The following fuels are strictly prohibited:
(1) 
The burning of processed wood products and other nonwood products.
(2) 
Petroleum, kerosene and gasoline products.
(3) 
Rubber.
(4) 
Plastics.
(5) 
Garbage and/or trash.
(6) 
Leaves.
(7) 
Paper products or cardboard.
(8) 
Railroad ties.
(9) 
Painted wood or treated wood.
(10) 
Any other items not specifically allowed by the manufacturer or this article.
An outdoor solid fuel-fired heating device may be used in the Town of Genesee only in accordance with the following provisions:
A. 
The outdoor solid-fuel-fired heating device shall not be used to burn any of the prohibited materials listed in § 330-11A of this article.
B. 
The outdoor solid-fuel-fired heating device shall be located at least 200 feet from the nearest inhabited building which is not on the same property as the outdoor solid-fuel-fired heating device.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
The outdoor 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 400 feet, the chimney shall also extend at least as high above the ground surface as the height of the roofs of all such residences. All stacks shall be equipped with a cap having a spark arrester.
[Amended 12-10-2007 by Ord. No. 07-4]
D. 
The owner of the outdoor solid-fuel-fired heating device shall obtain a building permit from the Town of Genesee before installing the outdoor solid-fuel-fired heating device. Such permit can be obtained from the Town of Genesee 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 outdoor solid-fuel-fired heating device will be located, constructed, and used in compliance with the requirements of this article.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All existing units shall immediately comply with all manufacturer's specifications and specifications of this article and all must comply with all other building code requirements within 90 days from effective date of this article. All existing nonconforming devices, upon the complaint of a Town resident or Town official, shall be removed, replaced, or modified to meet the requirements of this article within 45 days of notification of noncompliance from the Town Building Inspector, Fire Department, or other Town officer or agent.
[Amended 2-9-2015 by Ord. No. 15-1]
No person shall allow, maintain or use an outdoor solid-fuel-fired heating device in the Town of Genesee without first having obtained a permit from the Town Building Inspector on the forms prescribed by such official, except an outdoor solid-fuel-fired heating device installed prior to the enactment of this article. Permit fee per schedule.
[Amended 2-9-2015 by Ord. No. 15-1]
A. 
The Waukesha County Sheriff's Department, Fire Chief, Town of Genesee Building Inspector and Town of Genesee Board of Supervisors are authorized to enforce the provisions of this article.
B. 
Outdoor 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 article.
C. 
A violation of this article 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.
A. 
The Fire Chief or any authorized officer, agent, employee or representative of the Town of Genesee who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this article.
B. 
Special exception. Where the Town finds that extraordinary hardship will occur from the enforcement of this article, 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 article.
Persons responsible for lighting fires in the Town of Genesee assume all risks associated with such fire. Compliance with the requirements of this article 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.
[Added 2-9-2015 by Ord. No. 15-1]
In addition to, and not to the exclusion or prejudice of, the specific penalties provided in this article, each violation of any provision of this article shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.