2009 Feb. 3: WI Madison: Outdoor Wood Boiler ban & Open Burning regulations

 

2009 Feb. 3: WI Madison: City Ordinance: Outdoor Wood Boilers (OWBs) prohibited

 

7.55 OUTDOOR WOOD BOILERS PROHIBITED. (Health/Building Inspection)

(1) Definition: “Outdoor wood boiler” as used in this section means any self-contained stove

designed for the combustion of solid fuel and connected to a home or other building through

underground piping. Outdoor wood boilers are also called wood-fired furnaces, wood-fired

stoves, and outdoor furnaces.

(2) No person shall install, use, or maintain any outdoor wood boiler within the City of Madison.

(3) Pre-existing Outdoor Wood Boilers. Any person with an outdoor wood boiler installed and

operating prior to the effective date of this Ordinance, may apply for a permit to continue to

operate the boiler under the following conditions:

a. All outdoor wood boilers shall be operated in accordance with the manufacturer’s

directions, except as otherwise provided herein.

b. No industrial waste, rubber, plastic, used motor oil, toxic chemicals, hazardous waste,

yard waste, painted or chemically treated wood, processed wood products, household

garbage, cardboard, waste paper or animal waste shall be burned in the outdoor wood

boiler.

c. Outdoor wood boilers shall not be operated between April 1 and October 15.

d. Outdoor wood boilers shall not be operated in a manner that produces excessive smoke,

dust, or odors.

e. Outdoor wood boilers shall meet all applicable state and federal emission standards.

f. Upon the transfer of title of a home or other building with an outdoor wood boiler,

neither the valid permit nor the right to operate the existing boiler shall be transferred to

the new owner.

(4) Permits for Pre-Existing Wood Boilers. The permit shall be issued by the City Clerk based on an

application form provided by that office and payment of a $50 fee. The permit shall be valid for

one year from the date of issue and may be renewed only by the original permit holder.

(5) Any person who shall violate any provision of Section (3) shall have their permit revoked.

(6) Boilers for utility, municipal, industrial and research purposes constructed under WDNR air

emissions permits and in compliance with air quality standards are exempt from this ordinance.

(7) Any person operating an outdoor wood boiler without a permit upon conviction of such may be

subject to a forfeiture of not more than two hundred ($200) dollars. Each day such violation

continues shall be considered a separate offense.

(Sec. 7.55 Cr. by ORD-09-00029, 2-19-09)

7.56 – 7.59 RESERVED FOR FUTURE USE.

Sec. 7.60 PUBLIC HEALTH

Rev. 3/15/09 7 – 44

7.60 PENALTY.

Any person violating any of the provisions of this chapter for which a penalty is not already provided

herein shall be punished by a forfeiture of not less than ten dollars ($10) nor more than two hundred

dollars ($200) for each offense.

(Renumbered by Ord. 4654, 8-2-74)

 

2010 Jan. 14: WI Madison: Air Pollution Control (Open burning) revised on 12-15-08

 

Sec. 7.45 PUBLIC HEALTH

Rev. 12/15/08 7 – 34

7.45 AIR POLLUTION CONTROL.

(1) The purpose of this subsection is to prohibit or strictly control the burning of materials in the City

of Madison because of the air and water pollution which results from such burning. It is felt that

only by completely prohibiting the outside burning of rubbish, leaves and other combustibles, can

this unnecessary pollution be abated.

(2) No person, firm or corporation shall build or burn any bonfire or burn in the open any wood,

grass, trash, rubbish or other material or permit the same to be done within the City of Madison

upon any public street, court or alley, or upon any premises, except upon application for and

issuance of a time specific permit therefore by the Department of Public Health and the Madison

Fire Department, provided that this subdivision shall not apply to the burning of wood in interior

fireplaces nor to the burning of charcoal or similar substances outdoors for noncommercial

cooking when such burning is done without danger of spread of fire. (Am. by Ord. 7899, 12-29-

82)

(3) The use of outdoor portable incinerators, drums, barrels or other containers or outdoor or inside

fireplace for the burning of leaves, trash, garbage or refuse is hereby prohibited, except upon

application for and issuance of a time specific permit by the Department of Public Health and the

Madison Fire Department. (Am. by Ord. 7899, 12-29-82)

(4) Any burning permitted under Subsections (2) or (3) shall be done in a safe and nuisance free

manner in accordance with Madison Fire Department rules and regulations at times, locations and

in a manner specified by the Madison Fire Department.

(5) Copies of all burning permits issued shall be immediately forwarded to the Chief of Police and

Director of Public Works, who with the Director of Public Health and the Fire Department Chief

will examine semiannually all permits issued during the previous period and establish future

permit issuing policies.

(6) Burning permits may be canceled by the issuing authorities, the Department of Public Health and

the Fire Department, by written notice to the permit holder of the reasons for the cancellation.

(Am. by Ord. 7899, 12-29-82)


(2) No person shall install, use, or maintain any outdoor wood boiler within the City of Madison.

(3) Pre-existing Outdoor Wood Boilers. Any person with an outdoor wood boiler installed and

operating prior to the effective date of this Ordinance, may apply for a permit to continue to

operate the boiler under the following conditions:

a. All outdoor wood boilers shall be operated in accordance with the manufacturer’s

directions, except as otherwise provided herein.

b. No industrial waste, rubber, plastic, used motor oil, toxic chemicals, hazardous waste,

yard waste, painted or chemically treated wood, processed wood products, household

garbage, cardboard, waste paper or animal waste shall be burned in the outdoor wood

boiler.

c. Outdoor wood boilers shall not be operated between April 1 and October 15.

d. Outdoor wood boilers shall not be operated in a manner that produces excessive smoke,

dust, or odors.

e. Outdoor wood boilers shall meet all applicable state and federal emission standards.

f. Upon the transfer of title of a home or other building with an outdoor wood boiler,

neither the valid permit nor the right to operate the existing boiler shall be transferred to

the new owner.

(4) Permits for Pre-Existing Wood Boilers. The permit shall be issued by the City Clerk based on an

application form provided by that office and payment of a $50 fee. The permit shall be valid for

one year from the date of issue and may be renewed only by the original permit holder.

(5) Any person who shall violate any provision of Section (3) shall have their permit revoked.

(6) Boilers for utility, municipal, industrial and research purposes constructed under WDNR air

emissions permits and in compliance with air quality standards are exempt from this ordinance.

(7) Any person operating an outdoor wood boiler without a permit upon conviction of such may be

subject to a forfeiture of not more than two hundred ($200) dollars. Each day such violation

continues shall be considered a separate offense.

(Sec. 7.55 Cr. by ORD-09-00029, 2-19-09)

7.56 – 7.59 RESERVED FOR FUTURE USE.

Sec. 7.60 PUBLIC HEALTH

Rev. 3/15/09 7 – 44

7.60 PENALTY.

Any person violating any of the provisions of this chapter for which a penalty is not already provided

herein shall be punished by a forfeiture of not less than ten dollars ($10) nor more than two hundred

dollars ($200) for each offense.

(Renumbered by Ord. 4654, 8-2-74)


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