[HISTORY: Adopted by the Town Board of the Town of Vernon 10-6-2005 by Ord. No. 2005-02 (Ch. 24 of the Town Code). Amendments noted where applicable.]
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:
Fuel. Fuel shall be only natural, untreated wood or wood specifically permitted by the manufacturer. The following fuels are strictly prohibited:
An outdoor wood-fired furnace may be used in the Town of Vernon only in accordance with the following provisions:
The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in § 174-3 of this chapter.
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.
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.
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 Waukesha County Sheriff's Department, Fire Chief, Town of Vernon Building Inspector and Town of Vernon Board of Supervisors are authorized to enforce the provisions of this chapter.
Outdoor wood-fired furnace permits may be revoked by the Building Inspector if the Building Inspector finds that burning has been conducted in violation of this chapter.
A violation of this chapter 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.
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.