This chapter provides certain minimum standards, provisions,
and requirements for safe and stable design, methods of construction
and uses of materials in buildings and/or structures erected, constructed,
enlarged, altered, repaired, moved, converted to other uses, or demolished
and regulates the equipment, maintenance, use, and occupancy of all
such buildings and/or structures. Its purpose is to protect and foster
the health, safety, and well-being of persons occupying or using such
buildings and the general public.
New buildings erected in or any building moved within or into
the Village shall conform to all the requirements of this chapter
except as they are specifically exempted in this chapter from part
or all of its provisions. Any alteration, enlargement, or demolition
of an existing building and any installation therein of electrical,
gas, heating, plumbing, or ventilating equipment which affects the
health or safety of the users thereof, or any other persons, is a
new building to the extent of such change. Any existing building shall
be considered a new building for the purposes of this chapter whenever
it is used for dwelling, commercial, or industrial purposes unless
it was being used for such purpose at the time this chapter was enacted.
The provisions of this chapter supplement the laws of the state pertaining
to construction and use and the Village of Richfield Zoning Ordinance
and amendments thereto to the date this chapter was adopted and in
no way supersede or nullify such laws and the Village of Richfield
Zoning Ordinance.
A.
Commercial
Building Code, Chs. SPS 361 to 366 and 375 to 379, Wis. Adm. Code,
their referenced codes and standards, and subsequent revisions are
adopted by reference in this section and made part of this chapter
with respect to those classes of buildings to which such chapters
specifically apply.
B.
The State
Electrical Code, Ch. SPS 316, Wis. Adm. Code, its referenced codes
and standards, and subsequent revisions are adopted by reference in
this section, and made part of this chapter with respect to electrical
provisions to which such chapters specifically apply.
C.
The State
Flammable Liquids Code, Ch. SPS 310, Wis. Adm. Code, its referenced
codes and standards, and subsequent revisions are adopted by reference
in this section and made a part of this chapter with respect to flammable
liquids to which such chapters specifically apply.
D.
The State
Well Drilling Code, Ch. NR 812, Wis. Adm. Code, its referenced codes
and standards, and subsequent revisions are adopted by reference in
this section and made a part of this chapter with respect to drilling
to which such chapters specifically apply.
E.
State Uniform
Dwelling Code, Chs. SPS 320 to 325, their referenced codes and standards,
and subsequent revisions are adopted by reference in this section
and made a part of this chapter with respect to the construction and
inspection of new one-family and two-family dwellings and additions
or modifications to existing one-family and two-family dwellings to
which such chapters specifically apply.
F.
State Plumbing
Code, Ch. 145, Wis. Stats., and the State Plumbing Code, Chs. SPS
381 to 387, Wis. Adm. Code, their referenced codes and standards,
and subsequent revisions are adopted by reference in this section
and made part of this chapter with respect to plumbing codes to which
such chapters specifically apply.
Any future amendments, revisions, and modifications of such
chapters incorporated in this chapter are intended to be made part
of this chapter. A copy of such chapters and amendments thereto shall
be kept in the office of the Building Inspector. The building terms
used in this chapter shall have the same meanings given them by the
State Building Code.
Any violation of such codes or amendments thereto shall constitute
a violation of this chapter, whether the unlawful building alteration,
installation, moving, or construction involved is specifically covered
by other provisions of this chapter or not, and shall render the violator
liable to the penalties contained in this chapter. The Building Inspector
shall enforce the provisions of this chapter.
Each violation of any provision of this Chapter 135 shall be subject to the penalties and remedies described in § 1-3 of this Code. In addition, and not to the exclusion or prejudice of such general penalties, the following additional penalties and remedies apply:
A.
Any building
or structure erected, enlarged, altered, repaired, moved, or any use
hereafter established, in violation of the provisions of this chapter
shall be deemed an unlawful building, structure, or use.
B.
The Building
Inspector shall promptly report all such violations to the Village
Administrator who shall determine whether to notify the Village Attorney.
Once notified, the Village Attorney shall then bring an action to
enjoin the erection, enlargement, alteration, repair, or moving of
such building or structure, or the establishment of such use, or to
cause such building, structure or use to be removed.
C.
In the
event of violation, the fact that a permit was issued shall not constitute
a defense, nor shall any error, oversight or dereliction of duty on
the part of the Building Inspector constitute a defense.
D.
A permit
issued pursuant to this chapter may be revoked by the Building Inspector
if the Building Inspector finds that a violation has occurred.
E.
Compliance
with the provisions of this chapter may also be enforced by injunction
order at the suit of the owner or owners of any real estate within
the jurisdiction of this chapter.
If the Building, Plumbing, or Electrical Inspector shall find
at any time that applicable ordinances, laws, orders, plans, and specifications
are not being complied with, and that the holder of the permit refused
to conform after written warning or instruction has been issued to
him or her, he or she shall revoke the building, electrical, or plumbing
permit by written notice posted at the site of the work. When any
such permit is revoked, it shall be unlawful to do any further work
until the permit is reissued, except such work as the Building, Electrical,
or Plumbing Inspector may order to be done as a condition precedent
to the reissuance of the permit or as he or she may require for the
preservation of human life and safety.
A.
General powers and duties. The Building Inspector shall enforce the
provisions of this chapter and of all other ordinances and the laws
and orders of the state which relate to building construction, plumbing,
and electrical installations and for these purposes may at all reasonable
times enter buildings and premises. He or she may pass upon any questions
arising under the provisions of this chapter relating to buildings,
subject to conditions contained in this chapter. No person shall interfere
with the Inspector while in the performance of the duties prescribed
in this chapter. He or she shall provide the Fire Inspector with a
copy of all applications for building permits for public buildings.
B.
Qualifications.
(1)
The Building Inspector shall have the necessary qualifications required
by the state to supervise the general construction of buildings.
(2)
The Building Inspector shall be certified by the State Department
of Safety and Professional Services to administer and enforce all
the provisions of the State Codes.
C.
Records. The Building Inspector shall keep a record of all applications
for building permits in a computer program. The program shall keep
a record showing the number, tax key identification, description,
and size of all buildings erected, indicating the kind of materials
used, and various details of the building project. He or she shall
keep a record of all inspections made and of all removal and condemnation
of buildings. He or she shall make a monthly computerized report to
the Village Administrator regarding the matters described in this
subsection.
The Washington County Sheriff or other Village officers shall
report at once to the Building Inspector any building which is being
carried on without a permit as required by this chapter.
[Amended 5-17-2012 by Ord. No. 2012-4-1]
A.
Permit required. No building or structure or any part thereof shall
be erected, or ground broken for the same, or enlarged, altered, demolished,
or used within the Village, except as provided in this section, until
a permit shall first have been obtained by the owner, or his or her
authorized agent, from the Building Inspector.[1]
B.
Deposit required. No building permit shall be issued by the Building
Inspector for construction of a primary structure, construction of
an addition to an existing primary structure, or as determined by
the Building Inspector, on any land, until a road bond deposit in
the amount of $2,000 has been paid by the applicant for such building
permit. The deposit shall be paid to the Building Inspector at the
time an application is made for the issuance of the building permit.
The Building Inspector shall promptly turn the road bond over to the
Village Treasurer or designee for depositing.[2]
(1)
Deposit held pending Building Inspector release. The sums deposited
shall be retained by the Village until the Building Inspector provides
written authorization to the Village Treasurer or designee to refund
the deposit, including itemization of any deductions the Village Treasurer
or designee should make to the amount to be refunded to the applicant.
The Building Inspector shall not authorize a refund of monies deposited
until after final grading of the premises has been established and
stabilized, the construction site is cleaned of all building materials
and debris, and all applicable ordinances have been complied with,
to the satisfaction of the Building Inspector.
(2)
Road damage reimbursement. In the event damage is done to Village
roads or to the road ditch adjacent to the property as a result of
construction activities, the deposit shall be used to pay any costs
incurred by the Village to repair such damage. In the event the deposit
is insufficient to cover all costs incurred by the Village, the property
owner shall be liable to the Village for payment of any excess costs.
(3)
Deposit return; forfeiture. The balance of the deposit, after deducting
such expenses incurred by the Village to repair the damage, or alternatively,
the entire deposit in the event no such damage has occurred, shall
be refunded by the Village Treasurer or designee to the applicant
after receipt of written notice from the Building Inspector.
(4)
Time to pay excess costs. The Building Inspector shall give each
property owner billed for payment of any excess costs a period of
time not to exceed 30 days to pay and, thereafter, if that charge
remains unpaid, the Village Treasurer or designee shall automatically
charge the delinquent bill against the current or next tax roll as
a delinquent charge against the property as provided by § 66.0627,
Wis. Stats., and other applicable laws. In the event the statement
rendered to the property owner or the time given for the property
owner to pay is too late in the current year for the charge, when
it becomes delinquent, to be extended on that year's tax roll,
then the delinquent charge shall be extended to the following year's
tax roll.
(5)
Appeal. Any person who wishes to dispute the amount of refund, deposit,
forfeiture, or special charge may contact the Village Treasurer’s
office, in writing, within 15 days of receipt of the action that is
being disputed and request to appear before the Village Board at an
upcoming regular Village Board meeting. Such person may, at that time,
present the matter to the Village Board for resolution, and the Village
Board may take such action regarding the deposit, forfeiture or special
charge as it deems is reasonable and appropriate. Appeal from the
decision of the Village Board shall be by writ of certiorari to the
Washington County Circuit Court.
(6)
Forfeitures to general fund. Any deposit amount forfeited under this subsection shall be transferred by the Village Treasurer or designee to the general fund for the Village. Thereafter, no person shall have any claim with regard to the deposit or any part thereof. No such forfeiture shall be construed to constitute a penalty under Chapter 1, General Provision.
C.
Permit lapses. The building permit shall become void unless operations
are commenced within six months from the date thereof, or if the building
or work authorized by such permit is suspended at any time after work
is commenced, for a period of 60 days. This period of time may be
extended by the Building Inspector if the delay was due to conditions
beyond the control of the applicant.
(1)
Before any work is commenced or recommenced after the permit has
lapsed, a new permit shall be issued at the original fee. In the event
all work is not completed within 18 months from the date of issuance
of the permit, the Building Inspector may elect to issue a continuation
of the existing permit based on the value of the remaining construction
cost if, in the opinion of the Building Inspector, the project is
nearing completion and a completion schedule of not more than six
months is established. If it is evident, in the opinion of the Building
Inspector, that the project is not nearing completion or occupancy,
a new permit application shall be submitted with the current fee.[3]
(2)
If the project or work is suspended for 90 consecutive days, the
Building Inspector may order all materials, ladders, planks, or scaffolding
to be removed from the site. The materials, ladders, planks, or scaffolding
may be restored only after approval from the Building Inspector and
only after there is assurance that the project or work will resume
until completion.
D.
Issuance of occupancy permit. If, upon the Building Inspector making
a final inspection, the Building Inspector determines that a new building,
structure, addition, alteration, item of equipment, or other work
which is the subject of the permit conforms to the requirements of
this Code and all other applicable legal requirements, an occupancy
permit shall be issued, stating the purpose for which the building,
structure, addition, alteration, equipment or other work is to be
used. Until such building, structure, equipment, or work is in compliance
with all of the requirements of this chapter, all other applicable
legal requirements, and the permit with respect to the same and until
any occupancy permit under this subsection is obtained, no occupancy
or use thereof shall be maintained. Commercial, industrial, and multifamily
buildings shall require approval by the Fire Department and Planning
and Zoning Administrator before occupancy is granted by the Building
Inspector.[4]
E.
Application. Applications for a building permit shall be made, in
writing, upon a form furnished by the Building Inspector and shall
state the name and address of the owner of the land and also the owner
of the building, if different, the legal description of the land upon
which the building is to be located, the name and address of the designer,
the use to which such building is to be put, and such other information
as the Building Inspector may require.
F.
Dedicated street required. No building permit shall be issued unless
the property on which the building is proposed to be built abuts a
street that has been dedicated for street purposes.
G.
Compliance with private sewage system required. No building permit
shall be issued until a permit for a private sewage system has been
issued by the county.
I.
Plans. With such application there shall be submitted a complete
set of plans and specifications, including a plot plan showing the
location of the proposed building with respect to adjoining roads,
highways, streets, alleys, lot lines and buildings. Plans for buildings
involving the State Building Code shall bear the stamp of approval
of the State Department of Safety and Professional Services. One plan
shall be submitted which shall remain on file in the office of the
Building Inspector. All plans and specifications shall be signed by
the designer. Plans for all new one- and two-family dwellings shall
comply with the provisions of § SPS 320.09(4), Wis. Stats.
J.
Approval of plans. If the Building Inspector determines that the
building will comply in every respect with all ordinances and orders
of the Village and all applicable laws and orders of the state, he
or she shall issue a building permit which shall state the use to
which such building is to be put, which shall be kept and displayed
at the site of the proposed building. After being approved, the plans
and specifications shall not be altered in any respect which involves
any of the above-mentioned ordinances, laws or orders, or which involves
the safety of the building or the occupants, except with the written
consent of the Building Inspector. In case adequate plans are presented
for part of the building only, the Building Inspector, at his or her
discretion, may issue a permit for that part of the building before
receiving the plans and specifications for the entire building.
K.
Driveway installation required prior to construction. See Chapter 324, Streets and Sidewalks, of this Code.
L.
Waiver of plans. If the Building Inspector finds that the character
of the work is sufficiently described in the application, he or she
may waive the filing of plans for alterations, repairs or moving.
M.
Minor repairs and alterations. The Building Inspector may authorize
minor repairs or alterations which do not change the occupancy area,
structural strength, fire protection, exits, light, or ventilation
of the building without requiring a building permit to be issued.
N.
Inspection of work. The builder shall notify the Building Inspector
when ready, and the Building Inspector shall inspect all buildings
upon the completion of the footing forms, before backfill, again when
ready for framing, and before drywall is applied. After completion,
he or she shall make a final inspection of all new buildings, alterations,
and existing buildings put to new uses. If he or she finds that the
work conforms to the provisions of this chapter, he or she shall issue
a occupancy permit which shall contain the date and the result of
such inspection, a duplicate of which shall be filed in the office
of the Village Clerk. Commercial, industrial, and multifamily buildings
shall require approval by the Fire Department and Planning and Zoning
Administrator before occupancy is granted by the Building Inspector.
A.
Inspections.[1]
(1)
The Building Inspector shall make a final inspection of all new,
altered, or additions to commercial, industrial, institutional, and
manufacturing buildings in the Village. If no violations of this chapter
or any other ordinance are found, the Inspector shall issue a occupancy
permit, stating the purpose for which the building is to be used.
(2)
No commercial, industrial, institutional, or manufacturing building,
nor part thereof, shall be occupied until such certificate has been
issued, nor shall any building be occupied in any manner which conflicts
with the conditions set forth in the occupancy permit.
B.
Use discontinued.[2]
(1)
Whenever any commercial, industrial, institutional, or manufacturing
building or portion thereof is being used or occupied contrary to
the provisions of this Code, the Inspector shall order such use or
occupancy discontinued and the building or portion thereof vacated,
by notice served on any person using or causing such use or occupancy
to be continued and such person shall vacate such commercial, industrial,
institutional, or manufacturing building or portion thereof within
10 days after receipt of the notice to make the commercial, industrial,
institutional, or manufacturing building or portion thereof comply
with the requirements of this Code.
(2)
Any commercial, industrial, institutional, or manufacturing building,
structure, or premises, or portion thereof, hereafter vacated or damaged
by any cause whatsoever so as to jeopardize public safety or health
shall not hereafter be occupied or used under an existing occupancy
permit or without the same until an application has been filed and
a new occupancy permit issued.
C.
Change in use or occupancy. No change of use in the occupancy of
any commercial, industrial, institutional, or manufacturing building,
structure or premises or any part thereof shall be made unless or
until a new occupancy permit or conditional use permit has been issued
by the Building Inspector. "Occupancy" shall mean the owner or tenant
who occupies or is in possession of the commercial, industrial, institutional,
or manufacturing building, structure, or premises. "Use" means the
purpose for which a commercial, industrial, institutional, or manufacturing
building, structure, or premises is used or intended to be used.
D.
Building Inspector shall issue permit. The Building Inspector shall
issue an occupancy permit after an application therefor has been filed
in his office and a fee paid by the owner, his or her agent or tenant
if, after inspection, the Building Inspector finds that such commercial,
industrial, institutional, or manufacturing building, structure, or
premises or any part thereof complies with all regulations of this
Code and all other requirements of the law or ordinance applicable
to the proposed occupancy. Such occupancy permit shall indicate the
use of the building, structure, premises or any part thereof.
E.
Use and occupancy to remain unchanged. The occupancy permit shall
be valid as long as the commercial, industrial, institutional, or
manufacturing building, structure, or premises and the use and occupancy
thereof remain unchanged, subject to provisions relating to conditional
uses.
F.
Not transferable. Any occupancy permit is not transferable and shall
be valid only for the business, building, structure, or premises named
therein.
The purpose of the inspections under this chapter is to improve
the quality of housing in the Village. The inspections and the reports
and findings issued after the inspections are not intended as, nor
are they to be construed as, a guarantee. In order to so advise owners
and other interested persons, a disclaimer shall be included in each
inspection report as follows: "The findings of inspection contained
herein are intended to report conditions of noncompliance with code
standards that are readily apparent at the time of inspection. The
inspection does not involve a detailed examination of the mechanical
systems or the closed structural and nonstructural elements of the
building and premises. No warranty of the operation, use, or durability
of equipment and materials not specifically cited herein is expressed
or implied."
Private garages shall be built in accordance with the general
construction standards established in the State Uniform Dwelling Code.
The setback requirements of the garage are determined by the zoning
district that the property is located in. Whenever a garage is constructed
as part of any building, the ceiling, and the walls or wall separating
the garage from other portions of the building shall be of not less
than forty-five-minute fire-resistive construction as specified in
Ch. SPS 321, Wis. Adm. Code.
All materials, methods of construction, and devices designed
for use in buildings or structures covered by this chapter and not
specifically mentioned in or permitted by this chapter shall not be
so used until approved, in writing, by the State Department of Safety
and Professional Services. Such materials, methods of construction,
and devices, when approved, must be installed or used in strict compliance
with the manufacturer's specifications and any rules or conditions
of use established by the State Department of Safety and Professional
Services. The data, tests, and other evidence necessary to prove the
merits of such material, method of construction, or device shall be
determined by the State Department of Safety and Professional Services.
Whenever the Building Inspector finds any building or part thereof
within the Village to be in his judgment so old, dilapidated or so
out of repair as to be dangerous, unsafe, unsanitary, or otherwise
unfit for human habitation, occupancy or use that it would be unreasonable
to repair the building, he shall notify the Administrator who may
order the owner to raze and remove such building or part thereof or,
if it can be made safe by repairs, to repair and make safe and sanitary
or to raze and remove it at the owner's option. Such order and
proceedings shall be carried out in the manner prescribed for the
razing of buildings in § 66.0413, Wis. Stats. Where the
public safety requires immediate action, the Building Inspector shall
enter upon the premises with such assistance as may be necessary,
and cause the building or structure to be made safe or to be removed,
and the expenses of such work may be recovered by the Village in an
action against the owner or tenant.
The property owner and/or duly appointed agent representing
the owner for any property upon which a new residential dwelling or
nonresidential building is to be constructed shall provide temporary
on-site septic receptacles, i.e., portable toilets, and solid waste
containers, such as dumpsters, for the temporary storage of waste
during building construction and for removal after building construction
has been completed. Such containers shall be installed prior to commencement
of construction, maintained in working condition and capacity throughout
the duration of all construction activities, and be removed from the
property not later than 10 days after the date the Building Inspector
has completed final inspection.
A.
Required.
(1)
The Fire Chief has designated a key lock box system to be implemented
within the Village. The Fire Chief or designee shall have the authority
to require all new or remodeled structures to use the designated system.
(2)
The following structures shall be equipped with a key lock box at
or near the main entrance of the structure or such location approved
by the Fire Chief or designee effective December 1, 2005:
(a)
All commercial and industrial structures.
(b)
Assembly occupancies, churches, schools, and restaurants.
(c)
Any building or facility containing a quantity of hazardous
materials which would require compliance with Title III of SARA (Superfund
Amendment Reauthorization Act).
(d)
Retail shops.
(e)
Day-care and nursing care facilities.
(f)
All multifamily residential structures comprised of four or
more units in which access to the building, common areas, mechanical
rooms, or electrical rooms within the building is denied through locked
doors.
(g)
Any structure with a locked gate at its access drive.
(h)
Any structure deemed necessary by the Fire Chief.
(3)
All newly constructed structures subject to this section shall have
the key lock box installed and operational prior to final inspection
and occupancy.
(4)
The Fire Chief shall designate the type of key lock box system to
be implemented within the Village and shall have the authority to
require all structures to use the designated system.
(5)
The owner or operator of a structure or a business within the structure
required to have a key lock box shall, at all times, keep keys in
the lock box that will allow for access to the following:
(a)
Keys to all locked points of egress, whether on the interior
or exterior of such buildings;
(b)
Keys to all locked mechanical equipment rooms;
(c)
Keys to all locked electrical rooms;
(d)
Keys to all locked elevator controls;
(e)
Keys to all locked fire alarm panels;
(f)
Keys to all locked fire suppression systems; and
(g)
Keys to other areas as required by the Fire Chief.
(6)
The Richfield Volunteer Fire Company will be the only holder of the
key that opens the key lock box.
(7)
Entry keys shall be updated as necessary and will be checked as part
of the fire inspection visits.
A.
CLEAN WOOD
FIRE CHIEF
FIREWOOD
OPEN BURNING
OUTDOOR BURNING
OUTDOOR SOLID-FUEL-FIRED DEVICE
REFUSE
STACK or CHIMNEY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
The Chief of the Village of Richfield Volunteer Fire Company
or other person authorized by the Fire Chief.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines, or brush smaller than three inches in diameter.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney.
Open burning or burning in an outdoor solid-fuel-fired device.
A wood-fired furnace, stove, or boiler that is not located
within a building intended for habitation by humans or domestic animals.
Any waste material except clean wood.
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.
B.
Operational requirements for solid-fuel-fired devices. An outdoor
solid-fuel-fired device shall be operated in a manner not to create
noxious or hazardous smoke, soot, fumes, odors, or air pollution resulting
in a detrimental effect on the occupants of nearby properties or on
the public.
C.
Substantive requirements. Any outdoor solid-fuel-fired device or boiler installed after the effective date of August 1, 2009, shall be installed in accordance with this subsection and Subsection D of this section.
(1)
An outdoor solid-fuel-fired device shall comply with all applicable
standards governing air quality and emissions as may be promulgated
and amended by the United States Environmental Protection Agency and
the Wisconsin Department of Natural Resources.
(2)
An outdoor solid-fuel-fired device shall be certified by a recognized
product testing laboratory such as Underwriters' Laboratories (UL),
Canadian Standards Association (CSA), or Intertek (ETL).
(3)
The outdoor solid-fuel-fired device shall be located not less than
350 feet from the nearest inhabited building which is not on the same
property as the outdoor solid-fuel-fired device.
(4)
The outdoor solid-fuel-fired device shall be located not less than
50 feet from any structures on the same lot as the solid-fuel-fired
device. This distance may be decreased if allowed by the manufacturer's
specifications.
(5)
If there are any residences located within 500 feet of the solid-fuel-fired
device, the chimney of the appliance may need to extend at least as
high above the ground surface as the height of the roofs of all such
residences. The Building Inspector 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 a lower chimney does not create
a nuisance.
(6)
An outdoor solid-fuel-fired device shall be fitted with an electro-mechanical-draft
combustion system.
(7)
An outdoor solid-fuel-fired device shall be fitted with a secondary
heat exchanger, also known as a two-pass heat exchanger.
(8)
All outdoor solid-fuel-fired devices shall be equipped with properly
functioning spark arrestors.
(9)
The owner of a solid-fuel-fired device shall provide a copy of his
or her survey showing the proposed location of the appliance, the
distance to the lot line, and the distance to the nearest neighbor's
residence.
(10)
Outdoor solid-fuel-fired devices are permitted only in the rear
yard, unless approved otherwise by a special permit granted by the
Village Board on a case-by-case basis.
D.
Solid-fuel-fired device provisions. An outdoor solid-fuel-fired device
may be used within the Village only in accordance with the following
provisions:
(1)
The outdoor solid-fuel-fired device shall not be used to burn any
of the prohibited materials listed below:
(2)
Manufacturer operating instructions shall be followed except when
in conflict with this section.
(3)
An outdoor solid-fuel-fired device may only be used from September
15 to May 31.
(4)
The owner of the solid-fuel-fired device shall obtain an HVAC permit
and an electric permit from the Village before installing the furnace/boiler.
Such permits may be obtained from the office of the Village Building
Inspector upon payment of a fee established by a separate resolution
of the Village Board. The Building Inspector may issue the permits
upon finding that the solid-fuel-fired device will be located, constructed
and used in accordance with the requirements of this section.
(5)
If a property owner submits an application to change the zoning designation
of a parcel with an outdoor solid-fuel-fired device to another designation
that does not allow an outdoor solid-fuel-fired device and the Village
Board makes the requested change, the outdoor solid-fuel-fired device
shall cease to operate upon enactment of the ordinance changing the
designation.
E.
Existing outdoor solid-fuel-fired devices. All existing units at
the time of passage of this section which are not in compliance with
the requirements of this section may remain as nonconforming units
until such time as the solid-fuel-fired device is replaced or significantly
repaired, at which time the solid-fuel-fired device will be brought
into compliance with this section.
F.
Permits. No person shall allow, maintain, or use an outdoor solid-fuel-fired
device within the Village without first having obtained a permit from
the Village Building Inspector on the forms prescribed by such official
and paid the permit fee per the fee schedule.
G.
Right of entry and inspection.
(1)
The Building Inspector, Fire Chief, or any authorized officer, agent,
or representative of the Village who presents credentials may inspect
any property for the purpose of ascertaining compliance with the provisions
of this section. 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.
(2)
Special exception. Where the Village finds that extraordinary hardship
will occur from the enforcement of this section, upon application
to the Village Board, said Village 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 section.
H.
Property owner's assumption of all risks. Persons responsible
for lighting fires in the Village of Richfield assume all risks associated
with such fire. Compliance with the requirements of this section 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.[2]
