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HomeMy WebLinkAboutOrdinance 1629ORDINANCE N0. 1629 AN ORDINANCE REGULATING WOODSTOVES AND OTHER SOLID FUEL BURNING DEVICES FOR THE PURPOSE OF REDUCING HEALTH HAZARDS WHEREAS, the health, safety and welfare of the citizens of Central Point are adversely affected by the degradation of the air quality, and WHEREAS, wood combustion and the use of other solid fuels for space heating produces particulate matter which is physically harmful, aesthetically unpleasant, and contributes to the degradation of the air quality, now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. There is hereby added to the Municipal Code of the City of Central Point Chapter 8.01, which is to read as follows: Chapter 8.01 WOODSTOVES AND SOLID FUEL BURNING DEVICES 8.01.010 Definitions. For purposes of this chapter, the following definitions shall apply: (1) "Alternative heat source" means a heat source other than a solid fuel burning device. (2) "High pollution period" means a period of time commencing three hours after designation as a red or yellow day by the Oregon Department of Environmental Quality (hereinafter referred to as DEQ) or any other agency or authority approved by the City o£ Central Point. In the event that consecutive days are designated as red or yellow, they shall be considered a part of a single period. (3) "Medford-Ashland Air Quality Maintenance Area" means that part of the county specifically identified by DEQ as an air quality maintenance area that is one of several areas in the State wherein air quality has deteriorated due to unhealthful ORDINANCE NO. 1629 _ 1 (WOODSTOVE.ORD - 112189) levels of pollutants in the air. A map and written description of the Medford-Ashland Air Quality Maintenance Area (hereinafter referred to as AQMA) shall be maintained on file with the office of the City Administrator and shall be available for public inspection upon request. (4) "Oregon certified stove" means a woodstove certified by DEQ as meeting the emission performance standards specified in Oregon Administrative Rules 340-21-115, but does not include woodstoves that are exempt from DEQ woodstove certification program regulations. (5) "Red day" means a 24 hour period beginning at 7:00 a.m. when PM10 levels are forecast by the DEQ or other approved agency to be 130 ug/m3 and above in the AQMA. (6) "Sole source of heat" means one or more solid fuel burning devices which constitute the only source of heating in a private residence. No solid fuel burning devices shall be considered to be the sole source of heat if the private residence is equipped with a permanent installed furnace or heating system utilizing oil, natural gas, electricity or propane. (7) "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, 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. (8) "Yellow day" means a 24 hour period beginning at 7:00 a.m. when the PM10 levels are forecast by the DEQ or approved agency to be 91 ug/m3 and above but less than 130 ug/m3 in the AQMA. 8.01.020 Operation of Solid Fuel Burnin Device Prohibition. (1) 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 rebuttable presumption of a violation for which a citation shall be issued shall arise if smoke is being discharged through a flue or chimney at any time during a high pollution period. (2) After August 31, 1992, 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 (2), the tenant shall not be charged with any violation of subsection (1). 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 ORDINANCE N0. 1629 _ 2 (WOODSTOVE.ORD - 112189) issued by the City granting the exemption. Exemptions granted under this section shall expire on September 1 of each year: (1) Economic Need: An exemption for an economic need to burn solid fuel for residential space heating purposes may be issued to heads of households who can show that they meet the eligibility requirements for energy assistance under 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 Depart- ment of Energy. (2) Sole Source: An exemption may be issued to the heads of households who sign a sworn statement declaring their reliance on a solid fuel burning de- vice as the sole source of heat for their residence. Sole source exemptions shall not be issued after August 31, 1992 unless the residence is approved for installation of an alternative heating source through the Sackson County Wood Smoke Abatement CLEAR program guidelines. (3) Oregon Certified Stoves: An exemption may be issued to the heads of households for the operation of an Oregon Certified Stove in a residence on a day declared to be a yellow day by the DEQ. The operation of an Oregon certified stove shall be prohibited on a day declared to be a red day by the DEQ or ap- proved agency unless some other exemption applies and has been granted. 8.01.040 Penalty and Abatement. Any person or persons violating any of the provisions of this chapter shall upon conviction be punished in accor- dance with the general penalty ordinance of the City and shall be subject to appropriate legal proceedings to enjoin or abate any violation or noncompliance. 8.01.050 Administrative Re ulations. The City Administrator may pre- scribe administrative regulations governing the procedure for granting exemptions. Section 2. This ordinance being necessary for the immediate preserva- tion of the public peace, health, and safety of the City, based upon the fact that extreme air stagnation conditions have resulted in health advisories and immediate reduction of woodsmoke is necessary and desirable to reduce health hazard to the citizens of the City of Central Point, an emergency is hereby de- clared to exist and this ordinance shall be in full force and effect immediately upon its passage. Passed by the Council and signed by me in authentication of its passage this 21st day of December AT~TEQSy'T~:,{ ~ry{p _~V(~L1 VVO`-~ Designated C'ty Officer APPROVED by me this 21st day of____ D m er 1989 _--- Mayor ORDINANCE N0. 1629 - 3 (WOODSTOVE.ORD - 112189)