“OUTDOOR WOOD-FIRED
FURNACES”
Section 1. Section 11.54 of this Code is created to read:
11.54 OUTDOOR WOOD-FIRED FURNACES.
(1) PURPOSE. This ordinance is intended to promote the
public health, safety and welfare and to safeguard the health, comfort, living
conditions, safety and welfare of the citizens of
(2) APPLICABILITY. This ordinance applies to all outdoor
wood-fired furnaces within
(3) DEFINITIONS.
(a) “Clean Wood” means natural dry 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.
(b) “Outdoor Wood-fired Furnace” means a wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
(c) “Refuse” means any waste material except clean wood.
(4) INSTALLATION AND USE OF OUTDOOR WOOD-FIRED FURNACES.
(a) The outdoor wood-fired furnace shall be installed and used only in parcels of sufficient size to meet distance requirements to neighboring buildings or building sites.
(b) The outdoor wood-fired furnace shall be located at least 200 feet from any residence which is not on the same property as the outdoor wood-fired furnace.
(c) If there is a residence within 200 feet to 500 feet of the wood-fired furnace which is not on the same property, then the outdoor wood-fired furnace shall have an attached permanent stack extending higher than the roof line of the structure being served.
(d) The outdoor wood-fired furnace shall comply with all applicable laws including, but not limited to county ordinances that prohibit creating a human health hazard or a public nuisance.
(e) Only clean wood may be used in the furnace.
(f) The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in section 11.54(5) except paper and cardboard.
(g) The
owner of the outdoor wood-fired furnace shall obtain a permit from the La
Crosse County Health Department before installation and pay a permit fee as
determined by the
(5) MATERIALS THAT MAY NOT BE BURNED. Unless specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned:
(a) Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
(b) Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Chapter NR 590, Wisconsin Administrative Code.
(c) Asphalt and products containing asphalt.
(d) Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
(e) Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(f) Rubber including tires and synthetic rubber-like products.
(6) Outdoor Wood-fired Furnace Permit
(a) When required. A permit shall be obtained from the La Crosse County Health Department to install a wood-fired furnace or change the structure or location of an existing wood-fired furnace.
(b) Application. An application for a wood-fired furnace permit shall be made to the Health Department upon forms furnished by the County that shall include, for the purpose for enforcement of these regulations, the following data:
1. Name and address of applicant and property owner;
2. Legal description of the property; and,
3. A sketch of the dimensions of the property, including location of buildings and the wood-fired furnace relative to the lot lines and distances form residences on adjacent properties.
(c) Fee. All permits applied for under this
section shall include an application fee that shall be determined from time to
time by the
(d) Application Process.
1. Upon receipt by the Department, the application shall be referred to Environmental Health for review and consideration of approval;
2. Applicants shall be notified in writing of the decision on their application within 7 business days of receipt of the completed application; and,
3. The Department shall issue an permit under this section for wood-fired furnaces that meets the standards established by s. 11.54.
(e) Validity of Permit. The permit shall be valid for 2 years from the date of issue. Installation of the wood-fired furnace shall be completed during that time or the applicant shall re-apply for a permit.
(7) RIGHT OF ENTRY AND INSPECTION. An officer, agent, employee or representative of the La Crosse County Health Department who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance. 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 section 66.0119, Wis. Stats.
(8) EXISTING
NONCONFORMING OUTDOOR WOOD-FIRED FURNACES.
The lawful use of a nonconforming outdoor wood-fired furnace existing at
the time of the adoption or amendment of this ordinance may be continued
although such furnace does not conform to the provisions of this
ordinance. However, the use of a
nonconforming outdoor wood-fired furnace shall not be a public nuisance or
cause a human health hazard prohibited by sections 10.01, 10.02, or 11.29 of
the General Code of
(9) ENFORCEMENT AND PENALTIES.
(a) The Health Department staff is authorized to enforce the provisions of this ordinance.
(b) The penalty for violation of any portion of this ordinance shall be a forfeiture of not less than $25 or more than $250 plus cost of prosecution. Penalties are doubled for second and subsequent offenses.