Chapter 8.01
SOLID FUEL BURNING DEVICES
Sections:
8.01.012 Requirements for solid fuel burning device installation.
8.01.014 Solid fuel burning device emission standard.
8.01.016 Removal of noncertified wood stoves and fireplace inserts.
8.01.020 Operation of solid fuel burning device prohibition.
8.01.032 Prohibited materials.
8.01.040 Penalty and abatement.
8.01.050 Administrative regulations.
8.01.010 Definitions.
For the purpose of this chapter, the following definitions shall 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 (hereinafter referred to as “DEQ”) or the Jackson County department of health and human services (hereinafter referred to as “Jackson County”). In the event that more than one consecutive days are designated as red or yellow, they shall all be considered a part of the same period.
“Noncertified wood stove or fireplace insert” means a residential space heating device that has not been certified by either the State of Oregon Department of Environmental Quality or Federal Environmental Protection Agency as complying with smoke emission standards. “Noncertified wood stove or fireplace insert” does not include (1) devices exempt from certification requirements such as pellet stoves (a wood burning heating appliance which uses wood pellets as its primary source of fuel), (2) cook stoves (an indoor wood burning appliance the design and primary purpose of which is to cook food), (3) antique wood stoves (a wood stove built before 1940 that has an ornate construction and a current market value substantially higher than a common wood stove manufactured in the same time period), and (4) fireplaces.
“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 solid fuel burning device” means a solid fuel burning device certified by DEQ as meeting the emission performance standards specified in Oregon Administrative Rules (OAR) 340-034-0045 through 340-034-0115.
“PM10” means airborne particles ranging from .01 to ten microns in size, the breathing of which can be harmful to the human respiratory system.
“Red day” means a twenty-four-hour period beginning at seven a.m. when PM10 levels are forecast by DEQ or Jackson County to be one hundred thirty µg/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 burning device inside a residence.
“Sale of structure” or “sale of structures” means any transaction whereby the ownership of a structure, or the real property upon which a structure is located, is conveyed by a purchase agreement, inheritance or a transfer of title, for real property.
“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 wood stoves 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.
“Space heating” means raising the interior temperature of a room.
“Yellow day” means a twenty-four-hour period beginning at seven a.m. when the PM10 levels are forecast by DEQ or Jackson County to be ninety-one µg/m3 and above but less than one hundred thirty µg/m3. (Ord. 1897 §1, 2006; Ord. 1790(part), 1998; Ord. 1661 §1(part), 1991; Ord. 1629 §1(part), 1989).
8.01.012 Requirements for solid fuel burning device installation.
A. The purpose of this section is to reduce the amount of particulate pollution resulting from woodburning for space heating.
B. It is unlawful for any new or used solid fuel burning device to be installed in the city after the effective date of the ordinance codified in this chapter, unless:
1. The device is installed pursuant to CPMC Chapter 15.04, Building Code; and
2. The solid fuel burning device complies with the Oregon DEQ particulate emission standards for such devices or is exempt under OAR 340-034-0015; and
3. 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 burning device.
C. If the conditions set forth in this section 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. (Ord. 1790(part), 1998).
8.01.014 Solid fuel burning device emission standard.
A. Within the city, 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 fifty percent.
B. The provisions of this section shall not apply to emissions during the starting or refueling of a new fire for a period not to exceed thirty minutes in any four-hour period.
C. 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 Jackson County that is known to produce equivalent or better accuracy. (Ord. 1790(part), 1998).
8.01.016 Removal of noncertified wood stoves and fireplace inserts.
A. Unless otherwise agreed, the responsibility for removal of noncertified wood stoves or fireplace inserts shall be the responsibility of the seller of the structure(s) which contain the noncertified wood stove(s) or fireplace insert(s).
B. The presence of all wood stoves or fireplace inserts in the structure shall be included as part of the seller’s property disclosure presented to the new owner, as part of the sale or transfer of any real property. The disclosure shall evidence by certificate, whether any wood stoves or fireplace inserts are of a conforming use, and present in the subject property.
C. Unless otherwise agreed, all noncertified wood stoves and fireplace inserts must be removed from the structure upon sale or transfer of a structure containing any noncertified wood stove(s) and fireplace insert(s). If the seller assumes the responsibility of removal, then such removal shall be completed on or before the closing or title transfer of any real estate. Should the buyer or the undersigned owner assume the responsibility of removal, the responsible party shall complete the removal within thirty calendar days after the recordation of title and evidence the removal, as stated herein.
The certificate shall be in substantially the following form:
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WOOD STOVE/FIREPLACE INSERT DISCLOSURE CERTIFICATE |
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The undersigned seller discloses to the undersigned owner the presence of wood stoves or fireplace inserts located at property which has the following address: ________________________________ |
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The wood stoves or fireplace inserts are generally described as: |
The wood stoves or fireplace inserts are: |
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Certified |
Noncertified |
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1. ______________________________________ |
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2. ______________________________________ |
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3. ______________________________________ |
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4. ______________________________________ |
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Seller and the undersigned owner, understand that the City of Central Point’s wood stove/fireplace insert ordinance requires noncertified wood stoves or fireplace inserts to be removed from the subject structures upon sale; and that the seller shall have the responsibility for the removal of the wood stoves or fireplace inserts, unless the seller and the undersigned owner agree in writing, that the undersigned owner shall assume the responsibility to remove the wood stove(s) or fireplace insert(s) pursuant to the local ordinance. |
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The responsibility for removing any noncertified wood stoves or fireplace inserts shall be: |
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_____ Responsibility of the seller |
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_____ Responsibility of the undersigned owner |
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The seller and the undersigned owner also understand, this certificate must be completed and signed by both parties, delivered to the City of Central Point Building Department on or before the closing of any related real estate transaction. Further, all obligations stated herein, survive the close of escrow or transfer of title. |
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Any person who violates the provisions in this Certificate shall be subject to the City’s general penalty. |
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Dated: _______________________ |
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_____________________________________ |
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Seller |
Undersigned Owner |
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D. The disclosure(s) and certificate must be executed by both seller and the undersigned owner on or before the closing of any real estate transfer involving real property, upon which the structure(s) containing the wood stoves or fireplace inserts are involved. Upon the complete execution of the disclosure certificate, a copy must be submitted to the city of Central Point building department by the responsible designee. Delivery of the disclosure certificate is required for any transfer of title, whether the real estate transaction is closed in escrow or closed by the seller and the undersigned owner without a closing escrow.
E. Failure of the seller, or the undersigned owner, to provide a disclosure certificate, required by this section, demonstrating the subsequent removal of a noncertified wood stove(s) or fireplace insert(s) from a structure, required by this section, shall be subject to the city’s general penalty. (Ord. 1897 §2, 2006).
8.01.020 Operation of solid fuel burning device prohibition.
A. 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 presumption of a violation for which a citation may 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 a high pollution period.
B. Notwithstanding subsection A of this section, the operation of an Oregon certified solid fuel burning device shall be permitted during a high pollution period so 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. 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 thirty minutes in any four-hour period.
C. 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 B, the tenant shall not be charged with any violation of subsection A of this section. (Ord. 1790(part), 1998; Ord. 1661 §1(part), 1991; Ord. 1629 §1(part), 1989).
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:
A. 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. Exemptions under this subsection shall expire on September 1st of each year.
B. Special Need. 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(A). “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. (Ord. 1790(part), 1998; Ord. 1732, 1996; Ord. 1661 §1(part), 1991; Ord. 1629 §1(part), 1989).
8.01.032 Prohibited materials.
It is 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. (Ord. 1790(part), 1998).
8.01.040 Penalty 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. (Ord. 1790(part), 1998; Ord. 1661 §1(part), 1991; Ord. 1629 §1(part), 1989).
8.01.050 Administrative regulations.
The city manager may prescribe administrative regulations governing the procedure for granting exemptions. (Ord. 1969 §1(part), 2013; Ord. 1790(part), 1998; Ord. 1661 §1(part), 1991; Ord. 1629 §1(part), 1989).