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Home My WebLink About1992 Ordinance No. 031e "' BY AIJTiiORrl'Y ORDINANCENO. 3/ SERIES OF ¾9M 11"/-Z... COUNCIL Blll. NO . 25 INIRODUCED BY COUNCIL MEMBER HATIIAWAY AN ORDINANCE A.\1ENDING 1111.E 6 . CHAPTER l . OF 11-IE ENGLEWOOD MUNICIPAL CODE 1985. BY ADDING A NEW SECTION 11 RE!ATING TO A BAN ON WOOD BURNING ON HIGH PO!LUTION DAYS . , WHEREAS , the health. safety and welfare of the citizens of Englewood are a dversely affected by poor air quallty wtthln the city llmlts: and WHEREAS. 1t ls necessary for the Denver Metropolitan area to make n,asonnble effo rts to attain the standards established ln the Federal Clean Alr Act or lose federal highway fu nds: and WHEREAS , resldenUal wood combu stion produces particulate matter and cnrbon monoxide that con!I!butes to the deterioration of air quallty which ts phys ically harmful and aesthetically unpleasant: NOW. 1HEREFORE. BE IT ORDAINED BY11-IE CITY COUNCIL OF 11-IE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: ~-nue 6, Chapter l Englewood Municipal Code 1985. ts hen,by amended by addlng a new Section 11 to read as follows : 6-1-11: WOOD BURNING ANO SOI.ID FUEL-FIRED HEATING DEVICES A. DEFINmOl'IS . AS USED IN nns SECTION nm :FOLLOWING TERMS SHALL HAVE 11-IE MEANINGS AS INDICATED : BARBECUE DEVICES DEVICES TIIAT ARE tmLIZED SOL.ELY FOR nlE PURPOSE COLORADO PHASE m AND EPA PHASE II OF COOKING FOOD. EMI !i SIONS STANDARDS EMISSIONS WHICH CONTAIN NOT MORE TIIAN EIGHT (8) GRAMS PER HOUR OF PARTIC UIA'IBS AND NOT MORE THAN ONE HUNDRED ( 100) GRAMS PER H(JUR OF CARBON MONOXIDE . fflGH POLLtmON DAY THAT PERIOD OF TIME DEC!ARED TO BE A HIGH POLUJilON DAY BY11-IE COLORADO DEPARIMENT OF HEAL11-I. PERSON AN INDMD UAL. PJ\RTIIIERSHIP, CORPORATION, COMPANY OR OTHER ASSOCIATION . SOLE SOURCE OF HEAT ONE ( 1) OR MORE RESIDENTIAL SOLID FlJEl,.FIRED HEATh'IG DEVICES WHICH CONS'ITIVI'E n1E ONLY SOURCE OF HEAT IN A PRNATE RESIDENCE FOR nm PURPOSE OF SPACE HEATING. A RESIDENTIAL SOLID FUE L-FIRED HEATING DEVICE OR DEVICES SHAIL BE CONSIDERED TO BE TiiE SOLE SOURCE OF HEAT IF THE PRNATE RESIDENC E IS EQUIPPED WITH A PERMANEl\71.Y INSTALLED FURNACE OR HEATING SYSTDt, DESIGNED TO HEAT11-IE RESIDENCE. BUT IS SOLID FUEL SOLID nJEL.FIRED BEATING DEVICE DISCONNEcn:D FROM ITS ENERGY SOURCE . E.G. HEATING Oil.. NATURAL GAS, E LECTRIC ITY OR PROPANE . ANY COMBUSTIBLE SUBSTANCE OR MATERIAL , IN CLUDING Bllf Nar LIMm:D TO WOOD , COAL AND PAPER. SO TiiAT USABLE HEAT IS DERIVED FOR THE INIERIOR OF A Bun.DING . A DEVICE DESIGNED FOR SOUD FUEL COMBlJSnON SO TI-iAT USABLE HEAT IS DERIVED FOR TiiE INTERIOR OF A BUll.DING, AND INCLUDES SOUD FUEL-FIRED SI'OVES, FIREPLACES. SOUD FUEL-FIRED COOKING STOVES AND COMBINATION FUEL FURNACES OR BOll.ERS WHICH BURN SOI.JD FUEL. SOUD FUEL-FIRED HEATING DEVICES DO NITT INCLUDE BARBECUE DEVICES OR NATURAL GAS FIRED OR FIREPLACE LOGS. B. HIGH POLLtn'ION PROBIBmON. I. AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON MAY OPERATE A SOI.JD FUEL-FIRED HEATING DEVICE DURING A HJGH POLLl11'10N DAY UNLESS AN EXEMPl10N HAS BEEN GRANTED PURSUANT TO SECTION (Cl BELOW. IT SHALL BE TiiE DUtY OF ALL PERSONS OWNING OR OPERATING A SOUD FUEL-FIRED DEVICE TO BE AWARE OF ANY DECIARATION OF A HIGH POLLUTION DAY BY THE COLORADO DE ,\Rl'MENT OF HEALTH . 2 AT 1 HE TIME OF 1lfE D ECLARATION OF A HIGH POLLUTION DAY, TiiE CrtY MANAGER SHALL ALLOW THREE (31 HOURS FOR THE BURN DOWN OF EXISl'ING FIRES IN SOUD FUEL-BURNING DEVICES PRIOR TO THE 11'TI1ATION OF ENFORCEMENT. C. ED:MPTJ0NS. I. A PERSON WHO HAS AN ECONO~UC NEED TO BURN SOUD FUEL FOR RESIDENTIAL SPAC .:' HEATING PURPOSES OR WHO RELIES ON A SOLID FUEL-FIRED HEATINr: DEVICE AS HIS OR HER SOLE SOURCE OF HEAT MAY APPLY FORA '!EMPORARY EXEMPTION FROM SECTION B OFTHIS ORDINANCE. (a) A PERSON MAY DEMONSTRATE ECONOMIC NEED BY CEITT1FY!NG HIS OR HER EUGIBll.rtY FOR ENERGY ASSISTANCE ACC ORD IN G TO ECONOMIC GUIDELINES ESTABLISHELJ BY THE UNITED STATES OFF1 CE OF MANAGEMENr AND BUDGT.T UNDER THE LOW-INCOME ENERGY ASSISTANCE PROGRAM (L.1,.AP.), AS ADM IN!STERED BY ARAPAHOE C OUNTY. (b) A PERSON MAY DEMO NSTRATi: TiiAT HE OR SHE RELIES ON A SOLID FUEL-FIRE OR SO LAR HEATll\'G DEVICE AS HIS OR HER SOLE SOURCE OF HEAT BY S IG NING A SWO l<N STATEME NT TO THAT EFFECT. 2 . A PERSON IS E.'<EMPT FROM SECTION B OF THI S O RDINANC E TO BURN A SOLID FUEL-FIRE HEATING DEVIC E PROVID ED TI-!AT DEVICE HAS BEE N CERnFIED TO MEET COLO RAD O P HAS E Ill EM ISSl!1N STANDARDS OR EPA PHASE II STANDARD S FOR WOODS'!OVES AND FI REPLACE INS ERTS . -2· ~ e 3 . AN EXEMPTION OBTAINED UNDER nns SECTION ~HALL BE EFFE CTIVE FOR lWELVE ( 12) MOl'miS FROM TiiE DATE IT IS GRANTED . D. DEFENSE. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE OF BURNING ON A HIGH POLLlJTIOI\ DAY UNDER SECTION B ABOVE. n!AT A POWER OUTAGE . INTERRUPI'IOI\ OF NAruRAL GAS SUPPLY, OR TEMPORARY EQUIPMENT FAILURE EXISTI:D AT nIE TIME AND LOCATION OF THE VIOLATION . WHICH DID NOT RESULT FROM ANY ACTION OF nIE PERSON CHARGED WTI1i 1liE VIOLATION . E. INSPECTIONS. FOR THE PURPOSE OF DETERMINING COMPLIANCE WITH 1l!E PROVI SIO NS OF TiiIS CHAPTER. TiiE Cl'IY MANAGER. THROUGH AUTiiORIZED REP RESE NTATIVES, IS H EREBY AUTiiORIZED TO MAKE INSPECTIONS OF SOLID FUEL-FIRED HEATIN G DEVICES WHICH ARE BEING OPERATED ON HIGH POI.LlJTION DAYS . IF ANY PERSON REFUSES OR RES'mlCTS El'rl'RY AND FREE ACCESS TO ANY PART OF A PREMISE, OR REFUSES INSPECTION OR SAMPLING OF ANY DEVICE . FACIUIY OR PROCESS WHERE INSPECTION IS · SOUGHT. TiiE Cl'IY MANAGER. THRO UGH AUTiiORIZED REPRESENTATIVES . SHALL SEEK FROM TiiE MUNICIPAL COURI" A WARRANT FOR INSPECTION. nIE COl.JRf SHALL HAVE F ULL POWER. JURISDICTIO N. AND AUTiiORITY TO E NFORCE ALL ORDERS ISSUED UNDER THE PROVISIO NS OF nns CHAPTER. F . ENFORCEMENT. I. ANY PERSON VIOLATING ANY PROVISION OF TiiIS SECTION SHALL BE P UNI SHED BYTu"E PENALTIES SET FORrH IN 1Tl1..E I, CHAPTER 4 OF THE E NG U:WOOD MUNICIPAL CODE. 2. nIE MUNICIPAL COURr JUDGE SHALL TAKE JUDICIAL NOTI CE OF ANY DECLARATIO N OF A HIGH POI.LlJTION DAY ISSUED BY THE COLORADO DEPARTMENT OF HEALTII . Introduced. rea d In full , and passed on first reading on the 6th day of July 1992. Published as a BW for an Ordinance on the 9th day of July. 1992. Rea d by title and passed on final r eading on the 20th day· of July, 199 2. Published by titl e as Ordin ance No . J..L Se ri es of 1992, on th e 23 rd day of July 1992 . ,.// .. <!zt _:_l:L, ~ Patricia H . Crow, City .:le,k I, Patri cia H. Crow, City Clerk of the City of Engl ewoo d, Colorado, hereby certify that the above and fo regoing is a tr,Ae copy of the Orci inance passed on fi n al reading and pub lished by title as Ordinar.:e No . :ii_, Series of 1992 . -3- Date July 6, 1992 INl11ATED BY STAFF SOURCE COUNCll. COMMUNJCA ON A&endaltem 11 a Subject Woodburning Ban on High Pollution Days Department of Community Development D&:a C . Glazier, Environmental/Neighborhood Sen Ices Adm1n1strator ISSUE/ ACTION PROPOSED A Staff recommends the adoption of 11. '1 Ordinance banning the use of woodbumtng Wunlts on Htgh Pollution Days as dect.,,red by the Colorado Department of Health. The ban would exempt EPA Phase II or Co.orado Phase lII ccrtlfled, pellet and gas burning unlts . Homes that have conv-::nttonal woodbumtng untts as their sole source of heat or are registered as a participant In the Low Energy Asststance Program would also be exempt from the ban. PREVIOUS COUNCIL ACTION City Council passed Resolution #13 serie s of 1987 that encouraged voluntary r es trlctions of wood burning on hlgh pollHtlon days. STAFF ANALYSIS Thls Ordinance will provide for Englewood's participation In solutions that will help Im prove lo cal air qua!Jty. Addi tionally. this Ordinance will be appUed to the Denver Metro Ar ea State Implementation Plan (SIP) for which credits will be received . These cr edits will help m ee t attalnment of National Ambient Air Q11a!J ty Standards thus . reduce the risk of sanctions that rnJght be appUed by the Environmental Protection Agency . \\ 1th this rdlnanc~. Englewood would be one of 17 munlctpa!Jties or counties out of - a t otal of 33 In the Denver Metro Ar ea Air Shed that b,an the use of co n ve ntional \\'Oo dburn.tng unJts on high pollution days . The r em ainder h ave either voluntary bans. or n o ban and thus , fall under the State 'ban on the ut111z ation of woodburntng uruts on high pollution d ays. BACKGROUND The metro area Is faced with three serious air quality problems : carbon monoxide - (COJ, particulate matter (PM-10), and the ''brown cloud ." Wood burning Is responsible for I 0% of CO and 25 to 45% of the brown cloud. In 1987, Englewood City Council passed a resolution that encouraged voluntary restriction of woodburning on high pollution days. However, there are homes that continue to burn despite the resolution and the State ban that restricts burning on high pollution days. The purpose of this ordinance Is to further llmlt the us~ of conventional woodburning units except In the case where residents register with the City that they rely on woodburntng as the sole source of heat or are Low Income Energy Assistance participants . The Ordinance would exclude EPA Phase II, Colorado Phase III, pellet, and gas burning units . Neighborhood Serv'.ces would supply the enforcement of this proposed Ordinance. Enforcement would be an on-call basis durtng the high pollution season (Nov •m ber I • Aprtl 30). Durtng the '92 -'93 season, emphasis would be placed on the education of the general public and violators by distribution of an Informational flyer. FINANCIAL Printing of the educational flyer would be less that 8500. We estimate overtime costs to cover complaints on the week-ends to be approximately 81,000 • 81,500 durtng A the pollution season. •