Chapter 18.08
WOOD BURNING
Sections:
18.08.030 Burning on high pollution day prohibited.
18.08.040 Exemption for sole heat source.
18.08.050 Sole-source-of-heat exemption not applicable when.
18.08.060 Enforcement Inspections.
18.08.070 Violation—Penalties.
18.08.010 Purpose.
This chapter is enacted to protect, preserve and promote the health, safety and welfare of the citizens of the city through the reduction, prevention and control of air pollution. It is the intent of this chapter to establish and provide for the enforcement of wood burning restrictions which will assure that ambient air be adequately pure and free from smoke, contamination, pollutants or synergistic agents injurious to humans, plant life, animal life or property, or which interfere with the comfortable enjoyment of life or property or the conduct of business. (Ord. 1988-2 § 1 (part): prior code § 14 1/2-20)
18.08.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter and all regulations adopted under this chapter:
“Barbecue devices” means devices that are utilized solely for the purpose of cooking food.
“High pollution day” means that period of time declared to be a high pollution day by the state Department of Health.
“Person” means an individual, partnership, corporation, company or other association.
“Sole source of heat” means one or more residential solid-fuel-fired heating devices which constitute the only source of heat in a private residence for the purposes of space heating. No residential solid fuel-fired heating device or devices shall be considered to be the sole source of heat if the private residence is equipped with a permanently installed furnace or heating system, designated to heat the residence connected or disconnected from its energy source, utilizing oil, natural gas, electricity or propane.
“Solid-fuel-fired heating device” means a device designated for solid fuel combustion so that usable heat is derived for the interior of a building, and includes solid-fuel-fired stoves, fireplaces, solid fuel-fired cooking stoves, and combination fuel furnaces or boilers which bum solid fuel. Solid fuel-fired heating devices do not include barbecue devices or natural-gas-fired fireplace logs. (Ord. 1988-2 § 1 (part): prior code § 14 1/2-21)
18.08.030 Burning on high pollution day prohibited.
A. After the effective date of the ordinance codified in this chapter, no person may operate a solidfuel-fired heating device during a high pollution day unless an exemption has been granted pursuant to Section 18.08.040 of this chapter. It shall be the duty of all persons owning or operating a solid fuel-fired device to be aware of any declaration of a high pollution day by the Colorado Department of Health.
B. At the time of the declaration of a high pollution day, the city manager shall allow three (3) hours for the bumdown of existing fires in solid fuel burning devices prior to the initiation of enforcement. (Ord. 1988-2 § 1 (part): prior code § 14 1/2-22)
18.08.040 Exemption for sole heat source.
A. A person who relies on a solid-fuel-fired heating device as his sole source of heat may apply to the City Manager or his designee for a temporary exemption from Section 18.08.030 of this chapter.
B. A person applying for an exemption must sign a sworn statement that he relies on a solid-fuel-fired heating device as his sole source of heat.
C. An exemption obtained under this section shall be effective for twelve (12) months from the date it is granted. (Ord. 1988-2 § 1 (part): prior code § 14 1/2-23)
18.08.050 Sole-source-of-heat exemption not applicable when.
It is unlawful for a solid-fuel-fired heating device to be the sole source of heat in any nonowner-occupied dwelling unit. Any violation of Section 18.08.030 by the tenant of such a dwelling unit shall be considered a violation by the owner of the dwelling unit if a solid-fuel-fired heating device is the tenant’s sole source of heat. In such a case, the owner, and not the tenant, shall be liable for any penalty imposed. (Ord. 1988-2 § 1 (part): prior code § 14 1/2-24)
18.08.060 Enforcement Inspections.
For the purpose of determining compliance with the provisions of this chapter, the City Manager, through authorized representatives, is authorized to make inspections of solid-fuel-fired heating devices which are being operated on high pollution days. If any person refuses or restricts entry and free access to any part of a premise, or refuses inspection or sampling of any device, facility or process where inspection is sought, the City Manager, through authorized representatives, shall seek from the Municipal Court a warrant for inspection and order that such person refusing inspection be required to permit an inspection at a reasonable time, without interference, restriction or obstruction. The Court shall have full power, jurisdiction and authority to enforce all orders issued under the provisions of this chapter. (Ord. 1988-2 § 1 (part): prior code § 14 1/2-25)
18.08.070 Violation—Penalties.
Any person violating any provision of this chapter shall be punished by the penalties set forth in Section 1.16.010 of this code. (Ord. 1988-2 § 1 (part): prior code § 14 1/2-26)