The purpose of this chapter is to promote the public health,
safety, and welfare and safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the Town of Lawrence from the
air pollution and fire hazards resulting from solid-fuel-fired heating
devices.
The Town Board of the Town of Lawrence has the specific authority
under § 60.77, Wis. Stats., and the general authority under
its village powers pursuant to § 61.34, Wis. Stats., to
adopt this chapter. The Town Board of Supervisors is authorized to
adopt additional rules and regulations as may be necessary for the
management of solid-fuel-fired heating devices and the use thereof
and may implement and enforce the same.
This chapter applies to all outdoor burning and refuse burning
within the Town of Lawrence subject to the following:
A. 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 or animal habitation unless the material being burned includes refuse as defined in §
248-4 of this chapter.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
CHIMNEY or STACK
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.
CLEAN DRY WOOD
Natural, untreated dry wood which has not been painted, varnished
or coated with a similar material and has not been pressure-treated
with preservatives and does not contain resins or glues as in plywood
or other composite wood products.
FUEL
Fuel shall be only clean dry wood or wood specifically permitted
by the manufacturer. The following fuels are strictly prohibited:
A.
The burning of processed wood products and other nonwood products.
B.
Petroleum, kerosene and gasoline products.
F.
Painted, coated, or treated wood.
H.
Any other items not specifically allowed by the manufacturer
or this chapter.
REFUSE
Any waste material except clean dry wood.
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.
All solid-fuel-fired heating devices shall be installed, operated
and maintained pursuant to the following provisions:
A. All solid-fuel-fired heating devices are prohibited in Multifamily
Residential (R-3), Business (B-1), Limited Industrial (LI), General
Industrial (GI), and Planned Development (PD) Zoning Districts and
condominium properties.
B. The solid-fuel-fired heating device shall not be used to burn any of the prohibited materials listed in the definition of "fuel" in §
248-4 of this chapter.
C. The solid-fuel-fired heating device shall be erected on a concrete
slab.
D. The solid-fuel-fired heating device shall be located at least 300
feet from the nearest human/animal inhabited building which is not
on the same property as the solid-fuel-fired heating device.
E. The solid-fuel-fired heating device shall be located at least 25
feet from any structure located on the same property as the solid-fuel-fired
heating device.
F. The 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 500 feet, the chimney shall also extend at least as high above
the ground surface as the height of the roofs of all such residences.
The Town Board 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 the lower chimney height does not create a nuisance.
G. All wood and other combustible materials shall be stored no less
than 10 feet from the solid-fuel-fired heating device.
No person shall allow, maintain or use a solid-fuel-fired heating
device in the Town of Lawrence without first having obtained a permit
from the Town Building Inspector. Such permit can be obtained from
the Town of Lawrence 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 solid-fuel-fired
heating device will be located, constructed, and used in compliance
with the requirements of this chapter.
A permit may be suspended in the event the owner fails to comply
with this chapter.
Persons responsible for lighting fires in the Town of Lawrence
assume all risks associated with such fire. Compliance with the requirements
of this chapter 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.