8 county-level rules, plus city-specific rules for 3 cities in Waukesha County, Wisconsin.
Verified from official government sources
Rules are set by your city, village or town. In the Town of Waukesha, outside burning is only allowed in an enclosed incinerator located at least 20 feet from any structure, with a metal screen and flammable material cleared 3 feet from its base.
Town of Waukesha Sec. 5-2-8(b)
Such incinerator shall be located at a distance of at least twenty (20) feet from any structure, and shall have all grass and other flammable material cleared away from its base for a distance of three (3) feet from all exterior surfaces of the incinerator.
Wisconsin is restrictive. Under Wis. Stat. 167.10 only sparklers, snakes, small caps and ground-based novelties are exempt; anything that explodes or leaves the ground (firecrackers, rockets, aerials) needs a user's permit from your city, village or town.
Wis. Stat. 167.10(3)(a)
No person may possess or use fireworks without a user's permit from the mayor of the city, president of the village or chairperson of the town in which the possession or use is to occur.
Wisconsin does not impose a wildfire defensible-space clearance mandate like the Western states. There is no countywide brush-clearance ordinance in Waukesha County; the only fire-clearance rule is a 3-foot cleared area around a burning incinerator under local outdoor-fire codes.
Wisconsin DNR rules and your municipality control open burning. You may burn only small amounts of dry leaves, clean untreated wood and unrecyclable paper; garbage, plastic, rubber and treated wood are prohibited. A DNR or local burning permit is often required.
Town of Waukesha Sec. 5-2-8(a)
It shall be unlawful for any person to burn in an outdoor incinerator any garbage, trash, plastic, rubber products, asphalt type materials or any other such related materials which create by such burning a smoke or odor nuisance.
Waukesha County is not in a designated high wildfire-hazard zone. Wisconsin manages wildfire risk through DNR forest-fire protection areas and daily burning restrictions rather than mapped defensible-space zones, and southeastern Wisconsin has no special building or clearance requirements.
Wisconsin state law (Wis. Stat. 101.145) requires a functional smoke detector in the basement, at the head of each stairway, and in or within 6 feet of each sleeping area. Landlords must repair a reported non-working detector within 5 days.
Wis. Stat. 101.145(3)(c)
The owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.
Recreational backyard fires are governed by your municipality. In the Town of Waukesha, outdoor fires must use an approved incinerator or a permit, stay 20 feet from structures, be attended at all times, and never burn in high wind, dry conditions or after dark.
Town of Waukesha Sec. 5-2-8(f)
No burning when wind velocity exceeds 15 MPH or dry conditions exist ... Burning allowed only during daylight hours, completely extinguished at night ... Fire must be attended at all times.
Propane (LP-gas) storage is regulated statewide by Wisconsin SPS 340, which adopts NFPA 58 for container design, siting and clearances. Only the container's owner or an authorized person may fill or refill it. Local zoning and fire codes may add setbacks.
Wis. Admin. Code SPS 340
No person other than the owner of a liquefied petroleum gas container or a person authorized by the owner may fill, refill, evacuate, or use in any other manner the container for any purpose.
3 cities in Waukesha County have their own fire regulations rules. Each link goes to that city's dedicated page with code citations.
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