Acceptable burning includes outdoor cooking that is not dangerous to people or property and burning in furnaces, fireplaces, stoves, and other devices for that use.

The burning of dry combustible material and non-offensive yard waste is accepted from September 16th through June 14th each year as long as there is supervision by a person 18 years or older, not burning any closer than 25 feet from building or structures and 50 feet from any lake or stream and away from any highway. There must also be water or another device to put out the fire.

No, but you are ultimately responsible for any nuisance or illegal burning and could be subject to a citation.

If it is a controlled burn, yes. Contact the Fire Chief @ (262) 728-3780.

ORDINANCE NO. 374

AN ORDINANCE AMENDING SECTIONS 9.11 AND 5.01 OF THE MUNICIPAL CODE OF THE TOWN OF DELAVAN RELATING TO BURNING RESTRICTIONS AND FIRE CODES

The Town Board of the Town of Delavan, Walworth County, Wisconsin, does hereby ordain as follows:

SECTION 1.     Purpose.  The purpose of this ordinance is to amend Sections 9.11 and 5.01 of the Municipal Code of the Town of Delavan relating to burning restrictions and fire codes.

SECTION 2.     Section 9.11 amended.  Section 9.11 of the Municipal Code of the Town of Delavan is hereby amended to provide as follows:

9.11 BURNING REGULATED

1) PURPOSE

(a) This section is intended to promote the health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the Town of Delavan, Walworth County, Wisconsin, by reducing air pollution and fire hazards of open burning, outdoor burning and refuse burning.

2) APPLICABILITY

(a) This section applies to all outdoor and refuse burning within the Town of Delavan, except:

1. Except as expressly provided herein, the general burning restrictions of this section do not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
2. This section does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined herein.

iii. This section does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

3) DEFINITIONS

(a) “CAMPFIRE” or “BONFIRE” means an outdoor fire intended for recreation or cooking, not a fire intended for disposal of waste wood or refuse, not to exceed a 4’ fire ring or fire pit, nor more than 2’ high.

(b) “CLEAN WOOD” means natural 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 glue as in plywood or other composite wood products.

(c) “FIRE CHIEF” means the Chief of the Town of Delavan Fire Department or other person authorized by the Fire Chief to act in the Fire Chief’s place.

(d) “OUTDOOR BURNING” means open burning or burning in an outdoor wood furnace.

(e) “OPEN BURNING” means setting or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney for an enclosed fire.

(f) “OUTDOOR WOOD FURNACE” means a wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.

(g) “Patio” means an outdoor space for dining or recreation that adjoins a residence is often paved.

(h) “REFUSE” means any waste material except clean wood.

4) GENERAL PROHIBITION

(a) Open burning, outdoor burning and refuse burning are prohibited in the Town of Delavan unless the burning is specifically permitted by this section.

5) MATERIALS THAT MAY NOT BE BURNED

(a) Unless specific written approval has been obtained from the Department of Natural Resources, the following material may not be burned in an open fire, incinerator, burn barrel, furnace stove, or any other indoor or outdoor incineration or heating device:

1. Rubbish or garbage including but not limited to food wastes, food wraps, food packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business waste.
2. Waste oil or other oily waste except used oil burned in a heating device for energy recovery, subject to the restrictions in Ch. NR 679, Wisconsin Administrative Code.

iii. Asphalt and products containing asphalt.

1. Treated or painted wood including, but not limited to plywood, composite wood products or wood products that are painted, varnished or treated with preservatives.
2. Any plastic material including, but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, films, and containers.
3. Rubber, including tires and synthetic, rubber-like products.

vii. Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with the Town of Delavan recycling ordinance, except as provided or otherwise allowed.

6) OPEN BURNING

(a) Open burning of leaves, weeds, brush, stumps, clean wood and other vegetative debris is prohibited except in accordance with all of the following provisions:

1. All allowed open burning shall be conducted in a safe manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields.
2. Open burning shall be conducted in conformance with all local and state fire protection regulations.

iii. Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when the Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban applicable to the area.

1. Open burning of weeds or brush on agricultural lands is allowed if conducted in accordance with applicable provisions of this ordinance
2. Fires set for forest or wildlife habitat management are allowed if conducted in accordance with other applicable provisions of this ordinance.
3. Outdoor campfires and small bonfires for cooking, ceremonies or recreation are allowed provided that the fire is confined by a control device or structure such as a fire ring or fire pit.

vii. Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights-of-way is allowed if approved by the Fire Chief and if in accordance with other provisions of this section.

viii. Burning in emergency situations such as natural disasters is allowed if approved by the Department of Natural Resources.

1. Except for campfires, open burning under this section shall only be conducted at a location at least fifty (50’) feet from the nearest building that is owned by a person other than the person maintaining the fire or by the owner of the real property on which the fire is burning.
2. Except for campfires and permitted bonfires, open burning shall only be conducted from the hours of 7:00 a.m. until 8:00 p.m., from September 15 through June 15.
3. Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary to extinguish the fire.

xii. No materials may be burned upon any street, curb, gutter or sidewalk, ditch or on the ice of any lake, pond or stream located in the Town of Delavan.

xiii. There shall be no burning within one-hundred (100’) feet of a body of water or lake.

xiv. Burning is not allowed with twenty-five (25) feet of any building.

1. Grills for cooking are not allowed on any patio or deck above the ground floor except that electric grills may be so used on patios or decks for one or two family dwellings equipped with a suitable fire extinguisher.

xvi. Except for barbecue, gas and charcoal grills, no burning shall be undertaken within twenty-five (25’) feet from any combustible material, combustible wall or portion, exterior window opening, exit access or exit unless authorized by the Fire Chief.

7) BURN BARRELS

(a) A burn barrel may be used in the Town of Delavan only in accordance with all of the following:

1. Only branches and small amounts of yard debris may be burned in a burn barrel.
2. The burn barrel shall not be used to burn any of the prohibited materials listed in Subsection 5)of this section 9.11 and may only be used in accordance with Subsection 6) of this section 9.11.

iii. The burn barrel shall be located at least fifty (50’) feet from a neighboring property owner’s building.

1. The burn barrel shall have vent holes above the ash line for combustion air.
2. The burn barrel shall not serve a business.
3. Use of burn barrels shall be permitted year round.

8) FIRE DEPARTMENT PRACTICE BURNS

(a) An existing building may be burned only by the Town of Delavan Fire Department and only if the Fire Chief determines that the burning is necessary for practice and instruction of firefighters or testing of firefighting equipment.

(b) Asphalt shingles and asphalt or plastic siding shall be removed prior to the practice burn unless the Fire Chief determines that they are necessary for the fire practice burn.

(c) All other material prohibited by Subsection (d) of this section shall be removed prior to the practice burn.

(e) All demolition notification shall be submitted to the Department of Natural Resources and all asbestos removed prior to the practice burn.

(f) All ash shall be disposed of in an approved landfill or at an alternative location approved by the Department of Natural Resources.

9) EXEMPTION FOR BURNING CERTAIN PAPERS

(a) Notwithstanding Subsection (5)(g) of this section, paper and cardboard products may be used as a starter fuel for a fire that is allowed under this section.

(b) Small quantities of confidential papers from a residence may be burned if necessary to prevent the theft of financial records, identification or other confidential information.

(c) Confidential papers from a commercial enterprise shall be shredded and destroyed in a manner other than burning.

(d) A fire set for burning a small quantity of confidential papers shall comply with the provisions herein.

10) FIRE CHIEF AUTHORITY

(a) The Fire Chief may declare a moratorium on open burning when the Fire Chief determines that it is warranted by burning conditions.

(b) The Fire Chief may authorize variances from the provisions of this section 9.11 on a case by case basis.

11) LIABILITY

(a) A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire

12) RIGHT OF ENTRY AND INSPECTION

(a) The Fire Chief or any authorized officer of the Town of Delavan Fire Department who presents proper credentials may inspect any property for purposes of ascertaining compliance with the provision of this section.

13) ENFORCEMENT AND PENALTIES

(a) The Fire Chief, the Town Chairperson, or their designee, are authorized to enforce the provision of this section.

(b) The penalty for violation of any portion of this section shall be forfeiture under Section 25.04 of the Town of Delavan Municipal Code plus the cost of prosecution. Penalties shall be doubled for second and subsequent offenses.

SECTION 3.     Section 5.01 amended.  Section 5.01 of the Municipal Code of the Town of Delavan is hereby amended to provide as follows:

Adoption of Code.   NFPA 1, Fire Code — 2012, subject to the modifications specified in chapter SPS 314 of the Wisconsin Administrative Code, as amended from time to time, is hereby adopted and  incorporated herein by reference.

SECTION 4.   Severability. Each section, subsection, paragraph, sentence, clause, phrase, and provision of the foregoing Ordinance is and the same is hereby declared to be severable and if any portion or provision thereof is duly determined to be invalid for any reason, such determination shall not invalidate any other portion or provision thereof.

SECTION 5.     Effective Date. This Ordinance shall take effect and be enforced from and after its passage and posting as required by law.

Adopted by the Town Board of the Town of Delavan, Walworth County, Wisconsin this 16th day of October, 2018.

TOWN OF DELAVAN

WALWORTH COUNTY, WISCONSIN

By: __________________________________

Ryan Simons, Town Chairman

Attest:_______________________________

Dixie Bernsteen, Town Clerk