HomeMy WebLinkAboutOrdinance 1790ORDINANCE NO. 1-190
AN ORDINANCE AMENDING CHAPTER 8.01
OF THE CENTRAL POINT MUNICIPAL CODE
PERTAINING TO SOLID FUEL BURNING DEVICES
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Chapter 8.01 of the Central Point Municipal Code is amended as follows:
Chapter 8.01
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SOLID FUEL BURNING DEVICES
Sections:
8.01.010 Definitions.
8.01.012 Requirements for solid fuel burning device installation.
8.01.014 Solid fuel burning device emission standard.
8.01.020 Operation of solid fuel burning device prohibition.
8.01.030 Exemptions.
8.01.032 Prohibited materials.
8.01.040 Penalty and abatement.
8.01.050 Administrative regulations.
8.01.010 Definitions. For the purpose of this chapter, the following definitions shall
apply:
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~A. "High pollution period" means a period of time commencing three hours after
initial designation as a red or yellow day by the Oregon Department of Environmental Quality
(hereinafter referred to as "DEQ") or the Jackson County Department of Health and Human
Services (hereinafter referred to as "Jackson County") ^r ^*'~°^ °^°^^t~ ^ °^*r'^~~*~~ ~^rr^~~°~
>,., +1,° ~:,~, ^f r°^*~°1 n^:.,*. In the event that more than one consecutive days are designated as
red or yellow, they shall all be considered a part of ~. the same period.
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B. "Opacity" means the degree to which emissions from a solid fuel burning device
reduce the transmission of light and obscure the view of an object in the background. It is
expressed as a percentage representing the extent to which an object viewed through the smoke
is obscured.
B;C. "Oregon certified-stave solid fuel burning device" means a weeclsteu~ solid fuel
burning device certified by DEQ as meeting the emission performance standards specified in
Oregon Administrative Rules OAR
°„°^,^* a^'~, non „^^,~°*^°° ^°~;r:^°*:^^ ^ ^^~°*:^^° 340-034-0045 through 340-034-
0115.
D. "PMio" means airborne particles ranging from .O1 to 10 microns in size, the
breathing of which can be harmful to the human respiratory system.
E. "Red day" means atwenty-four Hour period beginning at seven a.m. when PMio
levels are forecast by DEQ or Jackson County ^~ ^*~^~ °^^r^~~^~ ^^^^^~~ to be 130 /tg/m' and
F. "Residence: means a building containing one or more dwelling units used for
habitation by one or more persons.
G. "Residential woodburning" means utilization of wood in a solid fuel burning device
inside a residence.
F'.H. "Sole source of heat" means one or more solid fuel burning devices which
constitute the only source of heating in a pry residence. No solid fuel burning device or
devices shall be considered to be the sole source of heat if the gsi~aYe residence is equipped with
a permanents installed furnace or heating system utilizing oil, natural gas, electricity or propane.
~r.I. "Solid fuel burning device" means a device designed for solid fuel combustion so
that usable heat is derived for the interior of a building, and includes, without limitation, solid
fuel burning stoves, fireplaces, fireplace inserts or woodstoves of any nature, combination fuel
furnaces or boilers used for space heating which can burn solid fuel, or solid fuel burning
cooking stoves. Solid fuel burning devices do not include barbecue devices, natural gas-fired
artificial fireplace logs, DEQ approved pellet stoves, or stoves of Kachelofens design.
J. "Space heating" means raising the interior temperature of a room.
I.K. "Yellow day" means atwenty-four period beginning at seven a.m. when the PMio
levels are forecast by DEQ or Jackson County ^r ^^^r^~~°a ^^°^^~~ to be 91 Ftg/m' and above but
less than 130 /lg/m3 ~^-._,,; °~~.
8.01.012 Requirements for solid fuel burning device installation. A. The purpose of
this section is to reduce the amount of particulate pollution resulting from woodburning for space
heating.
B. It shall be unlawful for any new or used solid fuel burning device to be installed in
the City of Central Point after the effective date of this ordinance, unless:
1. The device is installed pursuant to CPMC Chapter 15.04, Building Code; and
2. The solid fuel burning device complies with the Oregon DEQ. particulate
emission standards for such devices or is exempt under OAR 340-034-0015; and
3. For all new construction, the structure contains an alternate form of
natural gas, propane, electric
ating requirements, so that do
to meet
to heat the home with other than a solid fuel burnine device.
C. If the conditions set forth in this subsection are not fulfilled no person in possession
of the premises shall cause or permit, and no public agency shall issue anv permit for, the
installation of the device.
8.01.014 Solid fuel burning device emission standard. A. Within the Cit of Central
Point, no person owning or operating a solid fuel burning device shall at an time cause allow
or discharge emissions from such device which are of an opacity greater than fifty percent
5( 0%).
B. The provisions of this subsection shall not appl to emissions during the starting or
refueling of a new fire for a period not to exceed thirty (30) minutes itr an four-hour period.
C._ For the purposes of this section, opacity percentages shall be determined b a
certified observer using the standard visual method listed in 40 CFR 60A, Method 9, or operation
of_equipment approved by Jackson County that is known to produce equivalent or better
accuracy.
8.01.020 Operation of solid fuel burning device prohibition. A. The operation of a
solid fuel burning device during a high pollution period shall be prohibited unless an exemption
has been granted pursuant to Section 8.01.030. A r~u#abl~- presumption of a violation for
which a citation may be issued shall arise if smoke is being discharged through a flue or chimney
°r °^~~ r~m° a~•ri^n after a time period of three hours has elapsed from the time of declaration of
a high pollution period.
B. Notwithstanding subsection A of this section, the operation of an Oregon certified
solid fuel burning device shall be permitted during a hieh pollution period so lone as no visible
emissions of smoke are discharged through a flue or chimney after a time period of three hours
has elapsed from the time of the declaration of the high pollution . The provisions of this
subsection shall not apply to emissions of smoke during the starting or refueling of a fire for a
period not to exceed thirtv (30) minutes in anv four-hour neriod.
B,C. After August 31, 1994, no property owner shall rent or lease a residential unit unless
such unit is equipped with an alternate heat source complying with ORS 91.770. If the landlord
violates this subsection B, the tenant shall not be charged with any violation of subsection A of
this section.
8.01.030 Exemptions. It is permissible for a household to operate a solid fuel burning device
during a high pollution period when the head of that household has previously obtained one of
the following exemptions and possesses a certificate issued by the city granting the exemption:
A. Economic Need. An exemption for an economic need to burn solid fuel for
residential space heating ptrposes may be issued to heads of households who can show that they
meet the eligibility requirements for energy assistance trader the Low-Income Energy Assistance
Program (hereinafter referred to as L.E.A.P.), as administered by ACCESS, Inc. and as
established by the United States Department of Energy. Exemptions under this subsection shall
expire on September 1st of each year.
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G.B. Special~ier~ Need. Upon a showing of special need, as further defined by
administration rule, a temporary exemption may be granted authorizing the burning of a solid
fuel burning device notwithstanding Section 8.01.020 (A). "Special need" shall include, but not
be limited to, occasions when a fiiruace or central heating system is inoperable other than
through the owner or operator's own actions or neglect.
8.01.032
cause or allow anv of the
following materials to be burned in a solid fuel burning device: garbage, treated wood, plastic,
wire insulation, automobile parts, asphalt, petroleum products, petroleum treated material, rubber
products, animal remains, paint, animal or vegetable matter resulting from the handling,
orenaration, cooking, or service of food or anv other material which normally emits dense smoke
or noxious orders.
8.01.040 Penalty and abatement. Any person or persons violating any of the provisions of this
chapter shall upon conviction be punished in accordance with the general penalty ordinance of
the city and shall be subject to appropriate legal proceedings to enjoin or abate any violation or
noncompliance.
8.01.50 Administrative regulations. The City Administrator may prescribe administrative
regulations governing the procedure for granting exemptions.
Passed by the Council and signed by me in authentication of its passage this `7~day
of '(a~avsl , 1998. ~---~
Mayor Rusty McGrath
A--~-Iel't-u
City Representative 1
Approved by me this `ice day of __~~-t > 1998
Mayor Rusty McGrath