CHAPTER 3.
AIR POLLUTION

Sections:

5-3.01    Emissions: Measurement

5-3.02    Emissions: Smoke: Limitations

5-3.03    Emissions: Soot, Coal Dust, and Cinders: Limitations

5-3.04    Steam Boilers, Locomotives and Furnaces: Certificates

5-3.05    Steam Boilers and Furnaces: Specifications

5-3.06    Steam Boilers and Furnaces: Maintenance

5-3.07    Building Inspector: Enforcement Duties

5-3.08    Exceptions

5-3.09    Violations: Responsibility

5-3.01 Emissions: Measurement.

For the purpose of regulating the discharge of smoke from smokestacks, chimneys, flues, or other structures or appliances from which smoke is discharged, and for the purpose of determining by a comparison the degree of the darkness of smoke so discharged, a color scale for the measurement thereof is hereby adopted as follows: One thickness of gray glass of sufficient density to cut off sixty percent (60%) of the light from a flame having a lighting power of sixteen (16) candles shall be taken as the basis of such scale, and four (4) thicknesses of such glass shall be known and designated as “No. 1 Scale.”

(Sec. 1, Ord. 227, thereafter codified in Sec. 23.1, E.T.C.)

5-3.02 Emissions: Smoke: Limitations.

It shall be unlawful for any person to cause, permit, or allow black, gray, yellow, or any other smoke of a greater degree of darkness than No. 1 Scale, as set forth in Section 5-3.01 of this chapter, to issue or be discharged from any smokestack, chimney, flue, or other structure or appliance used for the discharge of smoke, or from which smoke is discharged, for a period of more than, or for periods aggregating more than ten (10) minutes in any one (1) hour of the day or night. The discharge of such dense smoke for a period of more than, or for periods aggregating more than, ten (10) minutes in any hour of the day or night shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(Sec. 2, Ord. 227, thereafter codified in Sec. 23.2, E.T.C., as amended by Ord. 81-06, eff. November 19, 1981)

5-3.03 Emissions: Soot, Coal Dust, and Cinders: Limitations.

The emission of soot, coal dust, or cinders from any smokestack, chimney, flue, or other structure or appliance used for the discharge of smoke, or from which smoke is discharged, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(Sec. 3, Ord. 227, thereafter codified in Sec. 23.3, E.T.C., as amended by Ord. 81-06, eff. November 19, 1981)

5-3.04 Steam Boilers, Locomotives and Furnaces: Certificates.

Before any person shall construct, set in place, maintain, or alter any steam boiler, locomotive, or furnace, such person shall make a written application at the office of the Building Inspector for a certificate for such purpose. Such application shall set forth the style and dimensions of such boiler or furnace, together with the height and size of the stack or chimney, and the methods or device proposed to be adopted for preventing the discharge therefrom of any dense smoke, as set forth in Section 5-3.02 of this chapter, or the emission therefrom of any soot, coal dust, or cinders, as set forth in Section 5-3.03 of this chapter. Any person who proceeds in such construction, erection, or alteration without such certificate shall be deemed guilty of a violation of the provisions of this chapter.

(Sec. 6, Ord. 227, thereafter codified in Sec. 23.6, E.T.C., as amended by Ord. 81-06, eff. November 19, 1981)

5-3.05 Steam Boilers and Furnaces: Specifications.

Every steam boiler or other furnace used within the City in which bituminous coal, distillate, crude oil, or so-called “carbon briquettes” are burned as fuel shall be so constructed or altered or have attached thereto such efficient preventives as shall prevent the production and emission or discharge therefrom of dense smoke, as set forth in Section 5-3.02 of this chapter, or of soot, coal dust, or cinders, as set forth in Section 5-3.03 of this chapter. It shall be unlawful for any person, being the owner or lessee or having the charge or control of any such steam boiler or other furnace, to use or permit the use of such steam boiler or furnace which shall not be so constructed or, if already constructed, which shall not be so altered or shall not have attached thereto such efficient smoke preventives in good and efficient order and operation.

(Sec. 8, Ord. 227, thereafter codified in Sec. 23.8, E.T.C.)

5-3.06 Steam Boilers and Furnaces: Maintenance.

Every person having charge of igniting, feeding, stoking, or attending to any steam boiler or other furnace, or any smoke preventive attached thereto, shall so ignite, stoke, feed, or attend such boiler or furnace fire, and shall keep such furnace and smoke preventives attached thereto in good and efficient order, so that dense smoke, as set forth in Section 5-3.02 of this chapter, shall not be produced or discharged therefrom and so that soot, coal dust, or cinders, as set forth in Section 5-3.03 of this chapter, shall not be emitted therefrom.

(Sec. 9, Ord. 227, thereafter codified in Sec. 23.9, E.T.C.)

5-3.07 Building Inspector: Enforcement Duties.

The Building Inspector, in the course of his duties as an employee of the City, shall have authority to:

(a)    Supervise and require all steam boilers or other furnaces, either stationary or locomotive, to be so constructed, or, if already constructed, to be so altered or have attached thereto such efficient smoke preventives, as to comply with the provisions of Section 5-3.02 of this chapter;

(b)    Supervise the igniting, stoking, feeding, and attending of such steam boiler or other furnace fires and, in the performance of such duties, to enter any steam boiler, engine room, or building not occupied exclusively as a private residence;

(c)    Personally inspect all stacks, chimneys, and other appliances for the escape of smoke and make complaints against persons violating the provisions of this chapter; and

(d)    Enter at all reasonable times any and all premises from which dense smoke, as set forth in Section 5-3.02 of this chapter, is discharged or from which soot, coal dust, or cinders, as set forth in Section 5-3.03 of this chapter, are emitted, or where any such boiler, furnace, or engine is located for the purpose of making an examination as to the cause of the discharge of such dense smoke, or the emission of such soot, coal dust, or cinders, and for the purpose of ascertaining the kind and character of fuel used, the manner of using such fuel, and any other fact showing compliance with, or violations of the provisions of, this chapter. Such officer, whenever requested by the Council so to do, shall make a detailed report to the Council of any such examination, showing all facts ascertained thereby.

(Secs. 4, 5 and 10, Ord. 227, thereafter codified in Secs. 23.4, 23.5 and 23.10, E.T.C.)

5-3.08 Exceptions.

The provisions of this chapter shall not apply to buildings used exclusively for private residences.

(Secs. 2 and 3, Ord. 227, thereafter codified in Secs. 23.2 and 23.3, E.T.C.)

5-3.09 Violations: Responsibility.

The owner, agent, lessee, occupant, or, in the event such owner, agent, lessee, or occupant is a corporation, the president, general manager, and superintendent of such corporation, as well as such corporation itself, of any building or structure of any description which shall emit or discharge from the smokestack, chimney, or flue thereof dense smoke, as set forth in Section 5-3.02 of this chapter, or soot, coal dust, or cinders, as set forth in Section 5-3.02 of this chapter, and the person having charge shall severally be punishable as set forth in Chapter 2 of Title 1 of this Code.

(Sec. 7, Ord. 227, thereafter codified in Sec. 23.7, E.T.C., as amended by Ord. 81-06, eff. November 19, 1981)