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Home My WebLink AboutOrdinance-1994-0962 INTRODUCED BY COUNCIL MEMBER BEHM Council Bill No. ~ ORDINANCE NO. 962 Series of 1994 TITLE: AN ORDINANCE AMENDING CHAPTER 9, HEALTH, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY ADDING THERETO AN ARTICLE IV. REGULATION OF THE USE OF CERTAIN WOOD BURNING APPLIANCES DURING HIGH POLLUTION DAYS, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Chapter 9 of the Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto the following Article IV. Regulation on the Use of Certain Wood Burning Appliances During High Pollution Days" as follows: "Article IV. Regulations on the use of certain wood burning appliances during high pollution days. Section 9-41. Definitions. Unless otherwise required by the context, as used in this article IV, Chapter 9, the following phrases shall have the following meanings: 1. "Burn down time" shall mean that period of time not to exceed three hours following the declaration of a high pollution day required for the cessation of combustion within any wood burning stove or wood burning fireplace pursuant to this ordinance. 2. "Exemption Permit" means any symbol adopted by the City Administrator for purposes of notification of exemption from the no burn regulations herein, which may include signs, placards, decals, or other appropriate symbols easily visible from the street side of the property upon which it is installed or placed. 3. "High pollution day" means those periods of time declared by the Colorado Department of Health as provided for in Section 25-7-106.3(1), C.R.S., which grants to the Colorado Department of Health the authority to ". . . declare a high pollution day based on experienced or anticipated excessive levels of carbon monoxide for particulates when air pollution standards are exceeded for particulates. carbon monoxide, or visibility." 4. "Pellet stove" means a wood heater which meets the following criteria: (A) the manufacturer makes no reference to burning cordwood in advertising or other literature, (b) the unit is safety listed for pellet fuel only, (c) the unit's operating and instruction manual must state the use of cordwood is prohibited by federal law, and (d) the unit must be manufactured and sold including a hopper and auger combination as integral parts. Ordinance No. 962 Series of 1994 Page 2 5. "phase III Certified wood stove" means a wood burning stove which meets the emission standards set forth in Section II.A.l. of the Regulations found at 5 CCR 1001-6. 6. "Primary source of heat" shall mean one or more residential wood burning stoves or wood burning fireplaces which provide sole heating demands for the residence. 7. "Woodburning fireplace" means an appliance designed for or capable of burning wood or solid fuel which does not meet the definition of a wood burning stove or is not exempt under the provision of Section II.C. of Regulation No.4 found at 5 CCR 1001-6. 8. "Wood burning stove" means an appliance designed for or capable of burning wood, including a fireplace insert, capable of and intended for domestic space heating or domestic water heating that meets all of the following criteria: (a) An air-to-air fuel ratio in the combustion chamber averaging less than 35-to-l as determined by EPA method 28A as set forth in the Federal Regulations 40 CFR Part 60, Subpart III, Appendix A. (b) A usable firebox volume of less than 20 cubic feet. (c) A minimum burn rate of less than 5 kilograms per hour. (d) A maximum weight of 800 kilograms. 9. "Exemptions" shall mean: (a) An exemption to operate solid fuel devices on high pollution days issued under the following circumstances and upon submission of an application demonstrating eligibility: 1. Sole Source of Heat: Any person who relies on a solid fuel burning device installed prior to the effective date of this Chapter as their sole source of heat shall be eligible for an exemption hereunder. Any person applying for such an exemption must sign a sworn statement that they rely on a solid fuel burning device installed prior to the effective date of this Chapter as their sole source of residential heat. 2. Approved or Exempt Solid Fuel Burning Devices: Any person who operates an approved or exempt solid fuel burning device shall be eligible for an exemption from the prohibition or operation contained in paragraph 1 of this subsection. Persons entitled to an exemption under this Section Ordinance No. 962 Series of 1994 Page 3 shall be issued an exemption permit which must be displayed on the premises to which the exemption applies and be visible from a place of public access on high pollution days. (b) Fireplaces: Fireplaces shall not be eligible for exemption from the provisions of this Section until such time as emissions standards for fireplaces are promulgated by the Colorado Air Quality Commission. Thereafter, only those fireplaces which have been certified by the Colorado Department of Health as having emissions that do not exceed the emissions standards shall be exempt from the provisions of this Section. (c) No fee shall be charged for a "sole source of heat" exemption. (d) An exemption shall remain in effect until: 1. A residence which has a "sole source of heat" exemption installs a permanent heating system using oil, natural gas, electricity or propane; or 2. A visible emission violation is detected for the third time in a single burning season (October through March) at a premise with an exemption permit for an "approved solid fuel burning device"; or 3. More stringent Federal or State laws or regulations are adopted or promulgated. 10. Investigation and Compliance: For the purpose of determining compliance with the provisions of this Chapter city inspectors are hereby authorized to make inspections. If any person refuses or restricts entry and free access to any part of a premises, or refuses inspection or sampling of any device, facility or process where inspection is sought, the inspectors shall seek from the municipal court a search warrant authorizing an inspector to enter the premises and comply with this Section. The court shall have full power, jurisdiction and authority to enforce all orders issued under the provisions of this Section. Section 9-42. Prohibitions of Use of Solid Fuel Burning Device, Wood Burning Stove or Wood Burning Fireplace During a High Pollution Day, except devices specifically exempted from regulation by the Colorado Air Quality Commission or primary sources of heat. No person shall operate a wood burning stove or wood burning fireplace during a high pollution day. A burn-down time of not more than three (3) hours shall be allowed for the burn-down of existing fires prior to the initiation of enforcement action. Ordinance No. 962 Series of 1994 Page 4 Section 9-43. Violation and Penalty. Any person violating the provisions of Section 9-42 hereof shall be guilty of a misdemeanor, and upon conviction or entry of a plea of guilty or nolo contendere thereto shall be subject to a penalty in the form of a fine of not more than $999.00 per violation". Section 2. Severability. If any clause, sentence, paragraph or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this 11 th day of Apri 1 , 1994, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 9 , 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 , this 9th day of May 1994. SIGNED by the Mayor on this 10th day of May , 1994. ~~ DAN WILDE, MAYOR -._)1 , ,/ ~'0,,(dp\~ Wanda Sang, ~ity Clerk APPROVED AS TO FORM BY CITY ATTORNEY K~~JIA~~TTORNEY 1st Publication: Apri 1 19, 1994 2nd Publication: May 17,1994 Wheat Ridge Sentinel Effective Date: June 3, 1994 <pc>ordwoodburning