As used in this chapter, 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 structures extending above a roof.
Notwithstanding the provisions of this chapter, if any solid fuel device
permitted under this chapter 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 § 3.04(4) of the Waukesha County Zoning Code.
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.
(6) Painted wood or treated wood.
(7) Any other items not specifically allowed by the manufacturer
or this chapter.
An outdoor wood-fired furnace may be used in the Town of Vernon only
in accordance with the following provisions:
A. The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in §
174-3 of this chapter.
B. The outdoor wood-fired furnace shall be located at least
300 feet from the nearest inhabited building which is not on the same property
as the outdoor wood-fired furnace.
C. The outdoor furnace 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 Fire Chief
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.
D. The owner of the outdoor wood-fired furnace shall obtain
a building permit from the Town of Vernon before installing the outdoor wood-fired
furnace. Such permit can be obtained from the Town of Vernon 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 wood-fired furnace will be located, constructed, and used
in compliance with the requirements of this chapter.
All existing units shall immediately comply with all the manufacturer's
specifications and specifications of this chapter and all must comply with
all other Building Code requirements within 30 days from effective date of
this chapter. All existing nonconforming devices, upon the complaint of a
Town resident, shall be removed, replaced, or modified to meet the requirements
of this chapter within 45 days of notification of noncompliance from the Town
Building Inspector, Fire Department, or other Town officer or agent.
A permit may be suspended in the event the owner fails to comply with
this chapter.
The Fire Chief or any authorized officer, agent, employee or representative
of the Town of Vernon who presents credentials may inspect any property for
the purpose of ascertaining compliance with the provisions of this chapter.
Where the Town 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 special exception will not have the effect of nullifying
the intent and purpose of this chapter.
Persons responsible for lighting fires in the Town of Vernon 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.