HomeMy WebLinkAbout2822 Woodheating/AMC 9.24ORDINANCE NO. ¢:~ C:~
AN ORDINANCE AMENDING ASHLAND MUNICIPAL
CODE (AMC) CHAPTER 9.24 AND AMC SECTION
10.30.010 BY INCORPORATING THE PROVISIONS OF
THE MODEL WOODHEATING ORDINANCE AND
REPEALING ORDINANCE NO. 2555
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.24 of the Ashland Municipal Code is amended to read as
follows:
Chapter 9.24
WOODSTOVE CURTAILMENT AND OPACITY LIMITATIONS
Sections:
9.24.010
9.24.020
9.24.030
9.24.040
9.24.050
9.24.060
Definitions.
Requirements for Solid Fuel Heating Device Installation.
Solid Fuel Burning Device Emission Standard.
Restriction of Woodburning and Emissions on High Pollution Days.
Prohibited Materials.
Penalty.
9.24.010 Definitions. For the purposes of this Chapter, the following definitions
apply:
"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 (further referred to in this chapter as DEQ) or the
Jackson County Department of Health and Human Services. In the event
more than one consecutive days are designated as red or yellow, they
shall all be considered a part of the same period.
"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.
"Oregon certified stove" means a solid fuel burning device certified by
DEQ as meeting the emission performance standards specified in Oregon
Administrative Rules 340-34-045 through 340-34-115.
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"PM~0" means airborne particles ranging from .01 to 10 microns in size,
the breathing of which can be harmful to the human respiratory system.
"Red day" means a 24-hour period beginning at 7 a.m. when PM~o levels
are forecast by the DEQ or the Jackson County Department of Health and
Human services to be 130/¢g/m3 and above.
"Residence" means a building containing one or more dwelling units used
for habitation by one or more persons.
"Residential Woodburning" means utilization of wood in a solid fuel
heating device inside a residence.
"Sole source of heat" means one or more solid fuel burning devices which
constitute the only source of heating in a residence. No solid fuel burning
device or devices shall be considered to be the sole source of heat if the
residence is equipped with a permanently installed furnace or heating
system utilizing oil, natural gas, electricity, or propane.
"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 Kachelofens.
J. "Space Heating" means raising the interior temperature of a room.
"Yellow day" means a 24-hour period beginning at 7 a.m. when the PM,°
levels are forecast by the DEQ or the Jackson County Department of
Health and Human Services to be 91 /~g/m3 and above but less than 130
/~g/m3.
9.24.020. Requirements for Solid Fuel Heatinq Device Installation. The purpose of this
section is to reduce the amount of particulate pollution resulting from woodburning for
space heating.
It shall be unlawful for any new or used solid fuel heating device to be
installed in the City of Ashland after the effective date of this Ordinance,
unless:
The device is installed pursuant to the City Building Code and
regulations of the Department of Planning and Development; and
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The solid fuel heating device complies with the Oregon Department
of Environmental Quality Particulate Emission standards for
certified woodstoves; and
For all new construction, the structure contains an alternate form of
space heating, including natural gas, propane, electric, oil, solar, or
kerosene, sufficient to meet necessary space heating
requirements, so that during episodes of high pollution levels, the
occupant will be able to heat the home with other than a solid fuel
heating device.
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 any permit for, the installation of the device.
9.24.030. Solid Fuel Burning Device Emission Standard.
Within the City of Ashland, no person owning or operating a solid fuel
burning device shall at any time cause, allow, or discharge emissions from
such device which are of an opacity greater than 40 percent.
The provisions of this subsection shall not apply to emissions during the
starting or refueling of a new fire for a period not to exceed 30 minutes in
any four-hour period.
For the purposes of this section opacity percentages shall be determined
by a certified observer using the standard visual method listed in 40 CFR
60A, Method 9, or operation of equipment approved by the Jackson
County Department of Health and Human Services that is known to
produce equivalent or better accuracy.
9.24.040. Restriction of Woodburning and Emissions on High Pollution Days.
A. Operation of Solid Fuel Burning Device Prohibition.
The operation of a solid fuel burning device within the City of
Ashland during a high pollution period shall be prohibited unless an
exemption has been granted pursuant to section 9.24.040.B. A
presumption of a violation for which a citation shall be issued shall
arise if smoke is being discharged through a flue or chimney after a
time period of three hours has elapsed from the time of declaration
of the high pollution period.
Notwithstanding section 9.24.040.A.1, the operation of an Oregon
certified stove shall be permitted during a high pollution period so
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long 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 period. 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
30 minutes in any four-hour period.
After June 30, 2000, no property owner within the City of Ashland
shall rent or lease a residential unit that is not equipped with a
secondary source of heat other than a solid fuel burning device,
unless the landlord has a valid exemption under section
9.24.040.B.2. Should a violation of this section occur it shall be
attributable to the property owner and not to the tenant or lessee.
Exemptions. It is permissible for a household to operate a solid fuel
burning device within the City of Ashland during a high pollution period
when the head of that household has obtained one of the following
exemptions. Exemptions granted under this section shall expire on
September 1 of each year.
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 their eligibility for energy assistance
under the Federal Department of Energy Low-income Energy
Assistance Program, as administered by ACCESS Inc. or other
approved entity.
Sole Source: An exemption may be issued to the heads of
households who sign a statement declaring their reliance on a solid
fuel burning device as the sole source of heat for their residence.
Sole source exemptions shall not be issued after June 30, 2000,
unless the residence is approved for installation of an alternative
heating source through a woodstove replacement program
guidelines or in the absence of such a program when the head of
the household can show that the family income is less than 80% of
the median income level for the Medford metropolitan area as
established by the Federal Department of Housing and Urban
Development.
Special Need: Upon a showing of special need, as determined by
the city administrator or designee, a temporary exemption may be
granted authorizing the burning of a solid fuel burning device
notwithstanding section 9.24.040.A. 1. "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.
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9.24.050. Prohibited Materials. It shall be unlawful for a person to cause or allow any 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, preparation, cooking, or service of food or any other
material which normally emits dense smoke or noxious odors.
9.24.060 Penalty. Any person violating or causing the violation of any of the
provisions of this Chapter shall be punishable as prescribed in Section 1.08.020 of
the Ashland Municipal Code. (Passed by voters November 6, 1990; wording from
Resolution. 90-44, Sept., 1990)
SECTION 2. Section 10.30.010 is amended to read:
10.30.010 Outdoor Burning Restricted.
No person shall start or maintain any outdoor fire except as authorized
in this chapter.
No person in charge shall cause or knowingly allow any outdoor fire to
be started or maintained on any part of such premises, except as
authorized in this chapter.
Except for religious fires, any outdoor fire authorized in this chapter
shall only be used to burn woody debris such as limbs or branches. No
person shall start or maintain any outdoor fire authorized in this chapter
in a barrel.
No person shall start or maintain any campfire except as provided in
this chapter. It is an affirmative defense to a prosecution of any charge
under this subsection that the campfire was authorized by the person in
charge.
SECTION 3. Ordinance No. 2555 is repealed.
(Note: Ordinance No. 2555 was adopted on February 8, 1990, but was not made a
part of any specified chapter or section of the Ashland Municipal Code.)
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the ~ day of ~¢z¢6¢¢...¢~ , 1998,
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and duly PASSED and ADOPTED this //'~
Barbara Christensen, City Recorder
SIGNED and APPROVED this
Rev~Wed as to form:
day of ~ ,1998.
day of ~ ,1998.
il Ch<~airperson
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