Chapter 8.30


8.30.010    Purpose and intent.

8.30.020    Abrogation and greater restrictions.

8.30.030    Interpretation.

8.30.040    Severability.

8.30.050    Definitions.

8.30.060    Regulations for solid fuel-fired outdoor heating devices.

8.30.070    Variance.

8.30.010 Purpose and intent.

The purpose of this chapter is to promote the health, safety, and general welfare of the town, and it is the general intent of this chapter to regulate and restrict the use of solid fuel-fired outdoor heating devices within the town limits of the town of Richmond, Walworth County, Wisconsin. [Ord. dated 9/16/2008 § 1; Ord. 2006-001 § 1.]

8.30.020 Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern. [Ord. dated 9/16/2008 § 2; Ord. 2006-001 § 2.]

8.30.030 Interpretation.

In its interpretation and application, the provisions of this chapter shall be liberally construed in favor of the town and shall not be construed to be a limitation or repeal of any other power granted by the statutes. [Ord. dated 9/16/2008 § 3; Ord. 2006-001 § 3.]

8.30.040 Severability.

If any section, clause, provision or other portion of this chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. If any application of this chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in such judgment. [Ord. dated 9/16/2008 § 4; Ord. 2006-001 § 4.]

8.30.050 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Solid fuel-fired outdoor heating device” means 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.

“Stacks or chimneys” means any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel-fired outdoor heating device, especially that part of such structures extending above a roof. [Ord. dated 9/16/2008 § 6; Ord. 2006-001 § 6.]

8.30.060 Regulations for solid fuel-fired outdoor heating devices.

(a) All solid fuel devices are prohibited in R1, R2, R3, R4, R5, R6, R7, R8, A4, A5, B1, B2, B3, B4, B5, B6, C2, C3, M1, and M2 zoning districts without a variance from the town board. They are allowed only in A1 and A2 zoning districts.

(b) All solid fuel devices installed within the town limits are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference together with any amendments or modifications made to them in the future.

(c) All outdoor devices shall be installed, operated and maintained in strict conformance with the manufacturer’s instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer’s instructions are stricter than the regulations promulgated hereunder, in which case the manufacturer’s instructions shall apply.

(d) Substantive Requirements. All outdoor devices shall be installed, operated and maintained pursuant to the following conditions:

(1) Fuel. Fuel shall be only natural untreated wood or wood specifically permitted by the manufacturer. The following fuels are strictly prohibited:

(i) The burning of processed wood products and other non-wood products.

(ii) Kerosene.

(iii) Garbage.

(iv) Painted wood or treated wood.

(v) Any other items not specifically allowed by the manufacturer or this provision.

(2) Chimney Heights and Fuel Device Location.

(i) One hundred feet from nearest side or rear property line.

(ii) One hundred feet from any road.

(iii) Twenty-five feet from any structure.

(iv) Install chimney height to manufacturer’s specifications.

(v) Two feet above the highest eave line of any neighboring residence within 100 feet, but not less than 15 feet high.

(vi) Chimney shall be supported to manufacturer’s specifications.

(vii) Chimney shall have a spark arrester (chimney cap).

(e)(1) Existing Outdoor Solid Fuel Heating Devices. All existing units shall immediately comply with all manufacturer’s specifications and subject to subsection (d)(1) of this section, fuel requirements, within 30 days from the effective amendment date of the ordinance codified in this chapter.

(2) Complaints and Action Regarding Existing Outdoor Solid Fuel Heating Devices. Upon the complaint of a town resident about such a device, the town building inspector shall inspect the existing outdoor solid fuel heating device. If the inspector finds such device to be a human health hazard, or public nuisance as defined by Wisconsin law including Wis. Stats. Chapter 823, the building inspector shall provide written notice via first class U.S. mail to the owner of the parcel that the device shall be either removed, replaced, or modified to meet the requirements of this chapter and remedy the defect causing the public nuisance. If a health hazard is claimed, the building inspector is directed not to act until there is a report provided from a doctor indicating the cause of the problem is the existing outdoor solid fuel heating device. The letter from the building inspector to the owner shall state that the action to be taken (remove, replace, or modify) be completed within 20 days. The building inspector shall notify the complainant of the action taken. If the owner does not remedy the situation, or the complainant desires, the matter shall be referred to the town board for determination if the matter should be referred for prosecution.

(f) Permits.

(1) No person shall allow, maintain or use a new outdoor wood furnace in the town of Richmond without first having obtained a permit from the town board on the forms prescribed by the board. Permit fee per schedule.

(2) Violations. A permit may be suspended in the event the owner fails to comply with this chapter.

(g) Enforcement and Penalties.

(1) The Walworth County sheriff’s department, town of Whitewater and/or village and town of Darien fire department(s), town of Richmond building inspector, and the town of Richmond board of supervisors are authorized to enforce the provisions of this chapter.

(2) The penalty for violation of any portion of this chapter shall be a forfeiture of not less than $25.00 or more than $100.00 per day plus the cost of prosecution, including the cost of prosecution of the nuisance abatement. Penalties are doubled for second and subsequent offenses.

(3) Outdoor wood burning furnace permits may be revoked by the building inspector if the building inspector finds that burning has been conducted in violation of this chapter.

(4) 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. [Ord. dated 9/16/2008 § 7; Ord. 2006-001 § 7.]

8.30.070 Variance.

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 variation will not have the effect of nullifying the intent and purpose of this chapter. [Ord. dated 9/16/2008 § 8; Ord. 2006-001 § 8.]