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Home My WebLink AboutOrdinance 1661ORDINANCE NO. 166]. AN ORDINANCE REGULATING WOODS'tOVES AND OTHER SOLID FUEL BURNING DEVICES FOR ThIE PURPOSE OF REDUC i NG f-IEALTH f-IAZARDS 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 rnatter 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 Cocle of the City of Central Point Chapter 8.01, which is t.o read as follows: Chanter 8.0,E 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) "I~igh pollution period" means a period of time commencing three hours after designation as a red or yellow day by the Jackson County Department of Health and Human Services (hereinafter referred to as "Jackson County") or any other agency or authority approved by the City of 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 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-?_1-115, 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 Jackson County or other approved agency to be 130 ug/m3 and above in the AQMA. 1 - ORDINANCE NO. 1661 (080991) (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 ,Jackson County or approved agency to be 91 ug/m3 and above but less than 130 ug/m3 in the AgMA. 8 01 020 Opei°ation of Solid Fuel Burning 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 may 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, 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 (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 issued by the City granting the exemption. Exemptions granted under this section shall er.pire 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 Department of Energy. (2) Sole Source: An exemption may be issued to tf-ie heads of households who sign a sworn statement declaring their reliance on a solid fuel burning device as the sole source of heat for their residence. Solo source exemptions shall not be issued after August 31, 1994. 2 - ORDINANCE NO. 1661 (080991) (3) Oregon Certified Stoves: An exemption may be issued to the heads of households for the operation of an Or°egon Certified Stove in a residence on a day declared to be a yellow day by Jackson County. The operation of an Oregon certified stove shall be prohibited on a day declared to be a red day by Jackson County or approved agency unless some other exemption applies and has been granted. (4) Special Exemption: 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(1) of this ordinance. "Special need" shall include, but not be limited to, occasions when a furnace or central heating system is inoperable other than through the owner or operator's own actions or neglect. 8 01 040 Pen~Jt 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. 8.01.050 Administrative Regulations. The City Administrator may prescribe administrative regulations governing the procedure for granting exemptions. Section 2. This ordinance shall be referred to the legal voters of the City of Central Point for their acceptance or rejection at the general election to be held November 5, 1991. If passed by the voters, this ordinance shall be in full force and effect upon certification of the election results by the Jackson County Clerk, without further action by this Council. In order to be in effect soon after the woodburning season commences on November 1, 1991, this measure must be on the November 5, 1991 ballot. In order to meet state law timing requirements for measures to be on the November 5, 1991, ballot, it is necessary that the Council's adoption of this ordinance be immediate. An emergency is, therefore, declared to exist, and this ordinance is adopted as of this date of its passage. For the same reasons, the second reading of this ordinance is waived. Passed by the Council a d signed by me in authentication of its passage this /r,"~ day of /~ ___, 1991. ~:~/i'-tee-~_ `'~~ ~.>~,+,; _e.r Mayo ATTEST: ee ~~ ~ ) Designat City Off' er APPROVEp by me this ~ day of ~~~- 1991. --1~=r~G 0 -- Mayor" 3 - ORDINANCE N0. 1661 (pg0991)