Chapter 21.28
PM2.5 AIR QUALITY CONTROL PROGRAM

Sections:

21.28.010    Definitions.

21.28.020    Borough listed appliances.

21.28.030    Prohibited acts.

21.28.040    Enhanced voluntary removal, replacement and repair program.

21.28.050    Forecasting exceedances and restrictions in the air quality control zone during an alert.

21.28.060    No other adequate source of heat determination.

21.28.010 Definitions.

In this chapter, the following definitions apply:

Air quality control zone” means the area of the borough currently contained in the EPA designated nonattainment area, which uses the nonattainment area southern, western and eastern boundaries as modified by their respective intersection with the following northern boundary described as: beginning at the intersection of Isberg Road with Chena Ridge Road on the western boundary of the EPA designated nonattainment area, then following Chena Ridge Road back to Chena Pump Road and continuing north on the Parks Highway to Sheep Creek Road, then Sheep Creek Road to Miller Hill Road, then north on Miller Hill Road, then east on Yankovich, then north from Yankovich Road along the east boundary of the Large Animal Research Station to a point just north of its intersection with Nottingham Drive and follows the ridge crest across Nottingham Estates to approximately the point where Swallow Drive intersects Dalton Trail to north on Dalton Trail to the crest of the Farmer’s Loop Ridge, then follow the geographic crest of Farmer’s Loop Ridge to its intersection with the New Steese Highway, then southeast on Bennett Road, and along Steele Creek Road to the intersection of Chena Hot Springs Road, and Chena Hot Springs Road to the eastern boundary of the EPA designated nonattainment area.

Air quality index(AQI) is an index for reporting daily air quality, which indicates how polluted the air currently is or how polluted it is forecast to become. The higher the AQI value, the greater the level of air pollution and the greater the health concern. AQI is divided into six categories with correspondingly higher levels of health concern as outlined in the table below:    

AQI
(Air Quality Index)

AQI Category

Cautionary Statement

Health Statement

0 – 50

Good

None

None

51 – 100

Moderate

Unusually sensitive people should consider reducing prolonged or heavy exertion.

None

101 – 150

Unhealthy for Sensitive Groups

People with respiratory or heart disease, the elderly, and children should limit prolonged exertion.

Increasing likelihood of respiratory symptoms in sensitive individuals, aggravation of heart or lung disease and premature mortality in persons with cardiopulmonary disease and the elderly.

151 – 200

Unhealthy

People with respiratory or heart disease, the elderly, and children should avoid prolonged exertion; everyone else should limit prolonged exertion.

Increased aggravation of heart or lung disease and premature mortality in persons with cardiopulmonary disease and the elderly; increased respiratory effects in general population.

201 – 300

Very Unhealthy

People with respiratory or heart disease, the elderly, and children should avoid outdoor activity; everyone else should avoid prolonged exertion.

Significant aggravation of the heart or lung disease and premature mortality in persons with cardiopulmonary disease and the elderly; significant increase in respiratory effects in the general population.

301 – 500

Hazardous

Everyone should avoid any outdoor exertion; people with respiratory or heart disease, the elderly and children should remain indoors.

Significant aggravation of heart or lung disease and premature mortality in persons with cardiopulmonary disease and the elderly; significant increase in respiratory effects in the general population.

Alert” means a notice issued by the division when the division determines, using available data or modeling, that PM2.5 concentration levels have reached or are forecasted to reach 25 µg/m³ or higher for at least 12 consecutive hours.

Appliance” means a device or apparatus that is manufactured and designed to utilize energy and which does not require a stationary source air quality permit from the state of Alaska under 18 AAC 50.

Clean wood” means natural wood that has not been painted, varnished, or coated with a similar material, has not been treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products.

Commence” means (1) begin, or cause to begin, actual on-site construction or (2) enter into binding agreements or contractual obligations to begin construction, which cannot be canceled or modified without substantial loss to the owner.

Construction and demolition debris” means a conglomeration of materials from construction, repair, remodeling or demolition of buildings and structures containing any prohibited fuels.

Cook stove” means a wood burning appliance that is designed primarily for cooking food and that has the following characteristics:

1. An oven, with a volume of 0.028 cubic meters (one cubic foot) or greater, and an oven rack;

2. A device for measuring oven temperatures;

3. A flame path that is routed around the oven;

4. A shaker grate;

5. An ash pan;

6. An ash clean-out door below the oven; and

7. The absence of a fan or heat channels to dissipate heat from the device.

Division” means the Fairbanks North Star Borough air quality division.

Emergency power system” is an independent source of electrical power that supports important electrical systems on loss of normal power supply. An emergency power system may include a

standby generator, batteries, and other apparatus. Emergency power systems are installed to protect life and property from the consequences of loss of normal electric power supply.

EPA” means the United States Environmental Protection Agency.

EPA certified” means that the solid fuel burning appliance meets emission performance standards when tested by an accredited independent laboratory and is labeled according to procedures specified by the EPA in 40 CFR Part 60 Subpart AAA or QQQQ.

Fireplace” means an assembly consisting of a hearth and open fire chamber of noncombustible factory-built or masonry materials and provided with a chimney, for use with solid fuels, which cannot be operated with an air to fuel ratio of less than 35 to one.

Fireplace insert” means a solid fuel burning appliance similar in function and performance to a freestanding wood burning stove, which is made from cast iron or steel designed to be installed in an existing masonry or prefabricated fireplace.

Forecastmeans a description of the current dispersion conditions described as good, fair, or poor and including the expected PM2.5 NowCast AQI categorized as good, moderate, unhealthy for sensitive groups, unhealthy, very unhealthy, or hazardous.

Heating appliances” means, but is not limited to: wood, coal, or pellet fired hydronic heaters, stoves, and furnaces; oil or gas fired boilers and furnaces; and masonry heaters, pellet stoves, cook stoves, and fireplaces.

Hydronic” means having to do with a system moving heat from one location to another by means of the circulation of a heat transfer liquid through piping or tubing.

Hydronic heater” means a fuel burning appliance designed to (1) burn wood or other solid fuels and (2) heat building space and/or domestic hot water via the distribution, typically through pipes, of a fluid heated in the appliance.

Interested persons” means those individuals who timely apply to participate in a matter and demonstrate that they possess a specific property interest that may be significantly affected by the proposed action in a way different than that of the general public.

Masonry heater” means a wood burning appliance that complies with the guidelines of ASTM E1602-08, Standard Guide for Construction of Masonry Heaters, and:

1. Is designed and intended for operation only in a closed combustion chamber configuration; and

2. Has enough thermal storage capacity to maintain no less than 50.0 percent of the maximum masonry-mass temperature for at least four hours after the maximum masonry-mass temperature has been reached; and

3. The masonry heater design and installation has been confirmed and documented by a qualified person or entity approved by the borough.

New construction” means construction of entirely new structures designed for heated occupancy and any structural alteration that adds heated square footage to an existing structure whether or not the structure was previously occupied.

Nonattainment area” is the area depicted on the map attached to the ordinance codified in this chapter and is further defined as follows:

Township Range Delineated Boundary for the Fairbanks Nonattainment Area

MTRS F001N001 – All Sections, MTRS F001N001E – Sections 2-11, 14-23, 26-34, MTRS F001N002 – Sections 1-5, 8-17, 20-29, 32-36, MTRS F001S001E – Sections 1, 3-30, 32-36, MTRS F001S001W – Sections 1-30, MTRS F001S002E – Sections 6-8, 17-20, 29-36, MTRS F001S002W – Sections 1-5, 8-17, 20-29, 32-33, MTRS F001S003E – Sections 31-32, MTRS F002N001E – Sections 31-35, MTRS F002N001 – Sections 28, 31-36, MTRS F002N002 – Sections 32-33, 36, MTRS F002S001E – Sections 1-2, MTRS F002S002E – Sections 1-17, 21-24, MTRS F002S003E – Sections 5-8, 18.

NowCastmeans a weighted average of hourly air monitoring data used by the EPA for real-time reporting of the AQI for PM.

Opacitymeans the reduction in transmitted light through a column of smoke as measured by an observer certified in using EPA Reference Method 9 as defined by federal law or EPA approved Alternative Method 82 which is defined as American Society for Testing and Materials (ASTM) D 7520-09.

Particulate matter” or “PM” means total particulate matter including PM10 and PM2.5 (condensable and noncondensable fraction) and is a complex airborne mixture of extremely small particles and liquid droplets that are made up of a number of components, including acids, organic chemicals, metals, soil, or dust.

Pellet fuel burning appliance” or “pellet stove” means a closed combustion, vented pellet burning appliance with automatic components creating an active air flow system, sold with the hopper and auger combination as integral parts, and designed, warranted, safety listed, and advertised by the manufacturer specifically to be fueled by pellets of sawdust, wood products and other biomass materials while prohibiting the use of cordwood.

PM2.5” means particulate matter comprised of particles that have diameters of two and one-half microns or less.

Proper wood storage” means specific and dedicated space to store clean wood in such a manner that the clean wood is not in contact with soil, the top of the clean wood is adequately protected from precipitation, and with airflow available to the clean wood.

Sale” means the transfer of ownership or control.

Solid fuel burning appliance(SFBA) means any appliance designed to produce heat by burning nongaseous and nonliquid fuels. This definition includes, but is not limited to:

1. Wood stoves;

2. Coal stoves;

3. Wood-fired hydronic heaters;

4. Wood-fired furnaces;

5. Coal-fired hydronic heaters;

6. Coal-fired furnaces;

7. Fireplace inserts;

8. Pellet fuel burning appliances;

9. Masonry heaters;

10. Cook stoves; and

11. Fireplaces.

Waste oil burning appliance” means an appliance that burns used or waste oil. (Ord. 2017-64 § 2, 2017; Ord. 2017-44 § 2, 2017; Ord. 2017-18 § 2, 2017; Ord. 2015-01 § 2, 2015; Ord. 2013-35 § 3, 2013; Ord. 2013-06 § 2, 2013; Ord. 2011-32 § 2, 2011; Ord. 2011-12 § 2, 2011; Ord. 2011-03 § 2, 2011; amended by citizen initiative 10/28/10; Ord. 2010-28 § 2, 2010. 2004 Code § 8.21.010.)

21.28.020 Borough listed appliances.

A solid fuel burning appliance shall be listed by the borough if:

A. The solid fuel burning appliance is EPA certified as meeting the federal emissions rate of 2.5 grams of PM2.5 per hour or less, or, for hydronic heaters, is EPA certified and has an emission rating of 0.10 pounds per million BTU or less; or

B. The solid fuel burning appliance is a masonry heater, cook stove, or fireplace; or

C. The solid fuel burning appliance is tested, including by use of a handheld or other portable device, by an accredited independent laboratory, or other qualified person or entity approved by the borough, establishing that it meets the emissions rate of 2.5 grams per hour or less. (Ord. 2017-18 § 3, 2017; Ord. 2015-73 § 2, 2016; Ord. 2015-01 § 3, 2015; Ord. 2012-61 § 2, 2012. 2004 Code § 8.21.020.)

21.28.030 Prohibited acts.

A. Installation of Certain Solid Fuel Burning Appliances in the Nonattainment Area. Within the nonattainment area no person shall install or allow the installation of a solid fuel burning appliance unless it is listed by the borough as qualifying under this chapter and the installation complies with all other requirements imposed in this chapter. It is a separate violation to fail to remove a solid fuel burning appliance installed in violation of this chapter.

B. No person who has been convicted of or pled no contest to two or more violations of this chapter involving visible emissions or emissions crossing property lines shall, in the air quality control zone, operate, use or keep installed a hydronic heater unless the hydronic heater is:

1. Borough listed or was listed at the time of installation,

2. A closed combustion system with automatic components that feed solid fuel, including wood pellets, into a firebox where the combustion is enhanced by an active airflow system, or

3. Connected to a thermal mass system that is certified by the contractor or installer as sufficient to allow the hydronic heater to burn at maximum capacity minimizing on/off cycling. The division may require an owner to provide documentation supporting the certification.

This prohibition shall be effective 90 days after the second conviction or entry of a no contest plea.

C. Visible Emissions Standard in the Air Quality Control Zone.

1. Standard. No person shall cause, permit, or allow particulate emissions from a nonmobile source in the air quality control zone to create opacity greater than 20 percent for a period or periods aggregating more than 10 minutes in any hour except during the first 40 minutes after the initial firing when the opacity limit shall be less than 50 percent.

2. Procedures and Enforcement. When ambient weather and light conditions permit, methods and procedures specified by the EPA in 40 CFR 60 Appendix A Reference Method 9 (Visual determination of the Opacity of Emissions From Stationary Sources), or an alternative technology that replaces Method 9, when the technology is available and the choice is feasible, upon request of the person being investigated, shall be used to determine compliance with this section. Smoke visible from a chimney, flue or exhaust duct in excess of the opacity standard for a period in excess of 30 minutes shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning appliance.

D. PM2.5 Emissions Crossing Property Lines. No person shall cause or permit particulate emissions from a nonmobile source to impact the resident(s) of a neighboring property through the creation of an emissions plume that:

1. Crosses a property line;

2. Is observable using EPA Method 22 (40 CFR 60 Appendix A); and

3. Is 25 µg/m3 greater than the surrounding immediate vicinity background PM2.5 level using methods defined by the borough division of air quality. For purposes of this subsection, the surrounding “immediate vicinity” means land within an area measured 1,200 feet in all directions from the boundaries of the emitting property.

E. Requirements for Installation of Solid Fuel Burning Appliances in New Construction.

1. For all new construction that commences on or after January 1, 2018, and is located within the air quality control zone the following will apply:

a. Installation of a solid fuel burning appliance is prohibited unless a permit has been issued by the division. A permit must be obtained for any solid fuel burning appliance installed in new construction prior to installation of the appliance.

b. Application. The permit application will require the owner(s) to certify they will meet the following requirements:

i. The proposed solid fuel burning appliance meets all federal, state, and borough air quality regulations;

ii. The proposed solid fuel burning appliance meets the requirements of this chapter;

iii. The proposed solid fuel burning appliance is properly sized for the structure in the opinion of a borough listed vendor/installer;

iv. The proposed solid fuel burning appliance will be installed by a borough listed vendor/installer attesting to proper installation of the device based on the manufacturer’s installation manual;

v. Proper wood storage will be available; and

vi. Training will be provided to the occupants on proper wood burning techniques.

c. Permit. An installation permit will be issued upon receipt of an application meeting the requirements of subsection (E)(1)(b) of this section and payment of any required fee. Within 24 months of issuance, the owner must verify with supporting documentation that the requirements of subsection (E)(1)(b) of this section have been completed, upon which an operating permit will be issued. If verification has not been submitted or approved within 24 months the permit application will automatically expire.

d. After a public hearing, and prior to installation of the solid fuel burning appliance, the air pollution control commission may grant a variance to any requirement of this subsection. In determining whether to grant a variance the commission shall consider any alternate proposal that the applicant submits, the location of the appliance, impact on surrounding neighborhood of the requested variance, emission levels of the appliance, and any other relevant conditions that indicate the operation of the appliance at that location or the requirement that is being varied will not result in a nuisance or health hazard. Interested persons may testify and submit other admissible evidence for the commission’s consideration.

F. Borough-Wide Installation Requirements for Hydronic Heaters.

1. Setback. Unless permitted by a variance, or if replacing an existing hydronic heater with a listed appliance, no person shall install or allow the installation of a hydronic heater located less than:

a. Three hundred thirty feet from the closest property line; or

b. Six hundred sixty feet from a school, clinic, hospital, or senior housing unit.

2. Any hydronic heater installed in violation of this section shall be immediately remedied or made inoperable and removed as soon as practicable; however, in no case shall the time of removal be longer than 180 days after notice from the division of a violation.

3. Variance. After a public hearing, the commission shall determine whether a person may receive a variance from the installation requirements of this subsection allowing them to install a hydronic heater. In determining whether to grant the variance, the commission shall consider the proposed location of the appliance, impact on surrounding neighborhood, emission levels of the appliance, terrain, meteorological conditions, and other relevant conditions that may render the operation of the appliance at that location a nuisance or a health hazard. Interested persons may testify and submit other admissible evidence for the commission’s consideration.

G. Prohibited Fuels. No person shall burn in the borough any fuel, except coal in an appliance designed to use coal, which is not listed in the manufacturer’s owner’s manual as an acceptable fuel for that device or any of the following items in a solid fuel burning appliance:

1. Any wood that does not meet the definition of clean wood or has more than 20 percent moisture content;

2. Garbage;

3. Tires;

4. Materials containing plastic or rubber;

5. Waste petroleum products;

6. Paints and paint thinners;

7. Chemicals;

8. Glossy or colored papers;

9. Construction and demolition debris;

10. Plywood;

11. Particleboard;

12. Saltwater driftwood;

13. Manure;

14. Animal carcasses;

15. Asphalt products;

16. Flooring products.

H. Sales or Leasing of Solid Fuel Burning Appliances.

1. No person shall sell or lease an unlisted solid fuel burning appliance or barrel stove kit in the borough unless the buyer signs an affidavit, on a form prescribed by the borough, attesting that the appliance will not be installed or used in the air quality control zone. This section does not apply to appliances or stoves that transfer pursuant to a sale of property;

2. No person shall commercially sell or offer for sale or lease a solid fuel burning appliance in the borough unless the commercial seller or dealer provides the prospective buyer or lessee, prior to any sales or lease agreement, with a written notice, prepared or approved by the division, that includes, but is not limited to, the following:

a. The fuel restrictions imposed in this chapter;

b. Proper installation, property location, operation, and maintenance of the appliance;

c. An advisory statement noting that operation of solid fuel burning appliances may not be appropriate in some areas due to terrain, meteorological conditions, or other relevant conditions that render the operation of the appliance a public nuisance or health hazard even though it is otherwise legally installed and operated;

3. The written notice required in this section shall be signed and dated by the prospective buyer or lessee prior to purchase or lease to indicate receipt of the notification requirements of this section;

4. The commercial dealer or seller shall mail or otherwise provide a copy of the notice and any required affidavit to the division within 30 days of the sale. All commercial dealers or sellers shall also include with the notice documentation showing whether the appliance sold or leased meets the borough’s emissions standard.

I. Nuisance. No person within the Fairbanks North Star Borough shall cause or allow particulate emissions from a nonmobile source that are injurious to human life or to property or that unreasonably interfere with the comfortable enjoyment of life or property. No person within the Fairbanks North Star Borough shall operate a solid fuel or waste oil burning appliance in a manner so as to create a public or private nuisance. A violation of a provision of this chapter is hereby declared to be a nuisance.

J. Other Laws. Nothing in this section precludes other local jurisdictions from having more restrictive codes.

K. Penalties. Upon first conviction of an offense in this chapter, the penalty(ies)/fine(s) set forth in FNSBC Title 1 regarding violations of the PM2.5 air quality control program may be satisfied by completion within 60 days of a borough-approved class covering PM2.5 health concerns, nonattainment, importance of dry wood and proper operation of solid fuel burning appliances. The borough may on its own initiative file notice of satisfaction of attendance requirements with the court, or the defendant may file a certificate of completion with the court within the applicable time frame. (Ord. 2017-64 §§ 3, 4, 2017; Ord. 2017-44 § 3, 2017; Ord. 2017-18 § 4, 2017; Ord. 2016-21 § 2, 2016; Ord. 2015-73 §§ 3 – 5, 2016; Ord. 2015-29 § 2, 2015; Ord. 2015-01 § 4, 2015; reenactment by petition failed 10/14; Ord. 2013-06 § 3, 2013; added by initiative petition passed 10/2/12. 2004 Code § 8.21.025.)

21.28.040 Enhanced voluntary removal, replacement and repair program.

The Fairbanks North Star Borough shall, to the extent funds are available and appropriated by the assembly, offer an enhanced removal, replacement and repair program to help offset the costs of removing, replacing or repairing a solid fuel burning appliance (SFBA) or fireplace. This program shall be subject to the following eligibility requirements, conditions, and criteria:

A. General Requirements.

1. Application. An application approved by the division and signed by all property owner(s) must be submitted along with any documentation required by the division. Applications for either the removal of a solid fuel burning appliance (SFBA), or replacement of a SFBA with an emergency power system, or an appliance designed to use natural gas, propane, or home heating oil shall include a signed recordable document restricting future installations of SFBAs and requiring appropriate notice to purchasers in the seller’s disclosure statement. Applicants must fully comply with the division’s inspection process which shall verify the existence of a qualifying SFBA.

2. Priority Ranking. Applications may be prioritized and may be limited by the division in its discretion based on geographical location, the overall air quality benefit and the type of SFBA or fireplace being removed, replaced or repaired.

3. Eligibility. The program is limited to properties within the air quality control zone boundary in which a qualifying SFBA or fireplace is installed. If an application is approved for the program, the applicant will be given up to 90 days to meet all of the requirements. Applicants must have no delinquent property tax or penalty or interest owing at the time of application and at completion of the program requirements.

4. Additional Requirements. In addition to the general requirements set forth in this section, applicants must also meet the following requirements:

a. Fully comply with the inspection process required by the division that shall ensure that the existence of the qualifying appliance to be removed, replaced or repaired is properly documented.

b. Removal of appliance.

c. Delivery of appliance to an authorized decommission station.

d. Certificate of destruction delivered to the division, if applicable.

e. Final installation of a qualified appliance visually verified.

f. The qualified appliance must be properly installed by a borough listed vendor/installer attesting to proper installation of the device based on manufacturer’s installation manual, compliance with any building code requirements, and that the device is properly sized for the building in question.

g. The applicant will be required to demonstrate proper wood storage.

h. The applicant will be required to complete training with the vendor, ensuring that they understand how their particular device operates, including education on proper wood burning techniques.

i. All aspects of this section may be performed by borough-approved personnel or a borough-approved vendor.

5. Payments. Applicants will be eligible for reimbursements or, at the option of the applicant, payment may be made directly to a borough-approved vendor. Reimbursements and payments shall be available as follows:

a. Replacement of a hydronic heater:

i. With either an EPA certified wood or pellet stove with an emission rate less than or equal to two grams of PM2.5 per hour, or an EPA phase II certified pellet burning hydronic heater with an emission rate equal to or less than 0.1 pounds per million BTU, or an emergency power system, up to $10,000 for purchase and installation.

ii. With an appliance designed to use home heating oil (excluding waste or used oil) or a masonry heater (including parts, labor and any costs associated with upgrading the chimney to the extent required by the manufacturer of the appliance for proper installation), up to $12,000 for purchase and installation of the appliance.

iii. With an appliance designed to use natural gas, propane, hot water district heat, or electricity, up to $14,000 for purchase and installation of the appliance.

b. Replacement of a non-borough-listed SFBA:

i. With either an EPA certified wood stove, or fireplace insert that has an emission rate less than or equal to two grams of PM2.5 per hour, or in the case of an EPA certified wood stove, PM2.5 emissions must be reduced by 50 percent and emit two grams of PM2.5 per hour or less, up to $4,000 for purchase and installation of the appliance.

ii. With an EPA certified pellet stove that has an emission rate less than or equal to two grams of PM2.5 per hour, up to $5,000 for purchase and installation of the appliance.

iii. With an appliance designed to use home heating oil (excluding waste oil), hot water district heat, electricity, or a masonry heater (including parts, labor and any costs associated with upgrading the chimney to the extent required by the manufacturer of the appliance for proper installation), or an emergency power system, up to $6,000 for the purchase and installation.

iv. With an appliance designed to use natural gas or propane, up to $10,000 per purchase and installation of the appliance. Multiple non-borough-listed solid fuel burning appliances or fireplaces, or combinations thereof, may be replaced with a single heating device that meets the requirements above, except for those that are fired by solid fuels. Payment will be based on the number of devices removed, up to a maximum of three, and may not exceed the replacement cost.

c. Removal of a SFBA (limited to a one-time participation in this program per property).

i. Removal of a hydronic heater through a one-time payment of $5,000.

ii. Removal of other SFBAs through a one-time payment of $2,000.

d. Repair Program.

i. The repair program will pay for the:

(A) Replacement of a wood stove’s catalytic converter that has exceeded its life span through the one-time payment of up to $750.00.

(B) Replacement of any emissions-reducing component of an EPA certified wood stove up to the maximum amount of $750.00.

ii. In addition to the general requirements set forth in this section, applicants must fully comply with any inspection process required by the division, which may be performed by a borough-approved vendor. (Ord. 2017-44 § 4, 2017; Ord. 2017-18 § 5, 2017; Ord. 2015-73 §§ 6 – 8, 2016; Ord. 2015-18 § 2, 2015; Ord. 2014-10 § 3, 2014. 2004 Code § 8.21.035.)

21.28.050 Forecasting exceedances and restrictions in the air quality control zone during an alert.

A. During the winter months of October through March, the borough shall issue a daily PM2.5 forecast by 4:30 p.m. When the PM2.5 concentration reaches the onset level for an alert and is expected to remain at that level for 12 hours or more, an alert will be declared. An alert may apply to the air quality control zone as a whole, or to one or more sub-areas designated by the division. Once an alert is declared, PM2.5 control measures set forth in this section shall be implemented and continued until the alert is canceled. There are two levels of alerts: Stage 1 and Stage 2. The obligations imposed in this subsection do not require, absent specific funding for that purpose, any actions to be taken outside of the borough’s normal business days and hours of operation. These restrictions shall not apply during a power failure. When an alert is in effect, outdoor burning is prohibited, including nonpermitted incinerators and burn barrels. This outdoor burning prohibition does not include recreational fires such as bonfires, campfires, or ceremonial fires and the use of fire pits.

B. The division will notify local media to ensure the declared alert is broadcast. The division shall also use social media and methods of direct communication such as text messages as feasible. Information within the notification will contain the PM2.5 forecast, stage level for areas, and actions required to reduce sources of PM2.5. The obligations imposed in this subsection do not require, absent specific funding for that purpose, any actions to be taken outside of the borough’s normal business days and hours of operation.

C. Stage 1: Restrictions in the Air Quality Control Zone during an Alert.

1. A Stage 1 air alert is implemented when concentrations exceed or are forecasted to exceed 25 µg/m3.

2. No fuel source may be added to the combustion chamber of a firebox of any solid fuel burning appliance or waste oil burning appliance. Residents should rely instead on their home’s alternate, cleaner source of heat (such as a furnace, boiler or electric baseboard heaters) until the Stage 1 air alert is canceled.

3. If a building owner or other person with a property or managerial interest in the building has an approved “no other adequate source of heat” designation, the building owner is exempted from complying with the Stage 1 air alert restrictions for that building.

4. If a building owner or other person with a property or managerial interest in the building has an approved Stage 1 waiver the building owner is exempted from complying with the Stage 1 air alert restrictions for that building. A Stage 1 waiver will be granted if the person with property or managerial interest verifies that the SFBA being operated during a Stage 1 air alert is a borough listed appliance. A Stage 1 waiver may be obtained by completing an application on a form developed by the division, that includes the following information:

a. Documentation of approved appliance must be submitted, including pictures, make and model.

b. Documentation of the applicant’s ability to properly store wood.

c. Documentation the applicant has taken a class or training in proper wood burning techniques.

D. Stage 2: Required Restrictions in the Air Quality Control Zone during an Alert.

1. A Stage 2 air alert is implemented when concentrations exceed or are forecasted to exceed 35 µg/m3.

2. No fuel source may be added to the combustion chamber or firebox of any solid fuel burning appliance or waste oil burning appliance. Residents should rely instead on their home’s alternate, cleaner source of heat (such as a furnace, boiler or electric baseboard heaters) until the Stage 2 air alert is canceled.

3. If a building owner or other person with a property or managerial interest in the building has an approved “no other adequate source of heat” designation the building owner is exempted from complying with the Stage 2 air alert restrictions for that building. (Ord. 2017-44 § 5, 2017; Ord. 2017-18 § 6, 2017; Ord. 2015-29 § 3, 2015; Ord. 2015-01 § 5, 2015; Ord. 2010-28 § 2, 2010. 2004 Code § 8.21.040.)

21.28.060 No other adequate source of heat determination.

A. A building owner or other person with a property or managerial interest in a building located within the air quality control zone may obtain a “no other adequate source of heat” determination from the division if:

1. The SFBA being used to heat the structure is a borough listed appliance;

2. The building owner(s) or other person with a property or managerial interest in the building applies with the division on a form developed by the division, including the following:

a. Documentation of approved appliance must be submitted, including pictures, make, model, and serial number.

b. Documentation of the applicant’s ability to properly store wood.

c. Documentation the applicant has taken a class or training in proper wood burning techniques;

3. The building owner(s) or other person with a property or managerial interest in the building files an affidavit with the application that the subject structure must be heated and the structure has no adequate heating source without using a solid fuel burning appliance or that economic hardships require the applicant’s use of a solid fuel burning appliance or complying with a restriction would result in damage to property including damage to the appliance itself and its heating system components. If economic hardship is the reason the applicant has no other adequate source of heat, validating documentation is required. Validating documentation may be established by showing approval for assistance from a list of agencies or programs that provide economic assistance (e.g., programs based on HHS poverty guidelines, unemployment insurance, nutrition assistance) to be made available by the division;

4. The building was constructed on or before December 31, 2016.

B. There shall be no fee for applying for or obtaining a determination.

C. It shall be a violation to submit a false affidavit for a “no other adequate source of heat” determination.

D. If the “no other adequate source of heat” appliance does not meet the standards set in this chapter, the division shall provide the applicant with information concerning the borough’s voluntary removal, replacement and repair program.

E. Applications denied by the division may be appealed to the air pollution control commission within 30 days of the decision.

F. An applicant that has been denied a “no alternative source of heat determination” by the division because the appliance does not meet the criteria of this section may apply to the air pollution control commission for a variance within 10 days of this decision. A temporary “no alternative source of heat” determination shall be granted pending the decision of the commission. In determining whether to grant a variance, the commission shall consider the location of the appliance, impact on surrounding neighborhood, emission levels of the appliance, the financial investment and ability of the applicant to replace the appliance and any other relevant conditions that indicate the operation of the appliance at that location is not a nuisance or health hazard. Interested persons may testify and submit other admissible evidence for the commission’s consideration. If the commission denies a variance, the “no alternative source of heat” determination shall expire 60 days from the date of denial. (Ord. 2017-64 § 5, 2017; Ord. 2017-44 § 6, 2017; Ord. 2017-18 § 7, 2017; Ord. 2016-40 § 107, 2016; Ord. 2016-37 § 2, 2016; Ord. 2015-01 § 7, 2015. 2004 Code § 8.21.043.)