58-136 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the administrator of the building and safety engineering division.

Air contaminant means any smoke, soot, fly ash, dust, cinder, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste particulates, and any solid, liquid or gaseous matter in the atmosphere which when in sufficient quantities is capable of injuring human, plant or animal life or depriving the enjoyment thereof.

Air pollution means the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be, injurious to human health or welfare, to animal or plant life, or to property, or would unreasonably interfere with the enjoyment of life or property throughout the city or such portion affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.

Atmosphere means the air that envelopes or surrounds the earth.

Chimney or stack means a chimney, stack, conduit, duct, vent, flue or opening of any kind whatsoever arranged to conduct any products to the atmosphere.

Combustible materials and fuels means any substance which will readily burn and shall include those substances which, although generally considered noncombustible, are or may be included in the mass of the combustible material burned or to be burned.

Dense smoke means smoke of a shade or the equivalent opacity of the shade designated as no. 1 on the Ringelmann Chart or greater.

Economic poisons means those chemicals used as insecticide, rodenticides, fungicides, herbicides, nematocides or defoliants.

Emission means the emission of air contaminants into the atmosphere.

Fuel-burning equipment means any furnace, boiler, water heater, device, mechanism, stoker, burner, stack, oven, stove, kiln, still, or other apparatus, or a group or collection of such units in the process of fuel-burning for the generation of heat or power. Refuse-burning equipment shall be considered incinerators and not as fuel-burning equipment under this definition. Ovens, stoves or ranges used exclusively for domestic cooking purposes are not included in this definition.

Incinerator means any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance, including but not limited to refuse, rubbish, garbage, debris, scrap or facilities for cremating human or animal remains.

Odor means a property of a substance which affects the sense of smell.

Open burning means any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.

Open-pit incinerator means a device consisting of a pit (into which the material to be burned is placed), nozzles, pipes, and other appurtenances designed and arranged in a manner to deliver additional air and/or auxiliary fuel to, or near, the zone of combustion so that theoretically complete combustion is accomplished or approached.

Particulate matter means discrete particles of liquid (except uncombined water) or solid matter, or both, which may or may not be suspended in air.

Refuse means garbage, rubbish, trade waste, leaves, salvageable material, agricultural waste and other wastes.

Ringelmann Chart means the chart for grading the appearance, density, shade or opacity of smoke, as published with instructions for use by the United States Bureau of Mines, in Information Circular 7718, dated August, 1955.

Salvage operations means any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to metals, chemicals, shipping containers or drums.

Smoke means small gas-borne or airborne particles resulting from combustion operations and consisting of carbon, ash and other matter that is present in sufficient quantity to be observable.

Source means any physical arrangement or structure which may emit air contaminants. Such term includes, but is not limited to, stacks, chimneys, building openings, open fires, vehicles, processes, equipment, structures and premises.

(Code 1985, § 19-2)

Cross reference—Definitions generally, § 1-2.

58-137 Findings and declaration of policy.

It is hereby declared that pollution of the atmosphere by smoke, cinders, soot, fly ash, gases, fumes, vapors, odors, dust and other contaminants is a menace to the health, welfare and comfort of the residents of the city and a cause of substantial damage to property. For the purpose of controlling and reducing atmospheric pollution, it is hereby declared to be the policy of the city to minimize air pollution and prohibit excessive emission of such pollution; to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion which are a source or potential source of air pollution, and in furtherance of this purpose to cooperate and coordinate these efforts with the state air pollution control commission.

(Code 1985, § 19-3)

State law reference—Power of the state air pollution commission, MCL 331.556, MSA 14.58.

58-138 Prohibition of air pollution.

No person or owner of property, and no person having possession or control of property, shall cause, suffer, allow or permit to be emitted into the open air substances in such quantities as will result in air pollution. The provisions of this section shall not apply to the use of economic poisons.

(Code 1985, § 19-4)

58-139 Emission of dense smoke prohibited.

No person shall cause or permit the emission of dense smoke from any source whatever except as specifically permitted under this article.

(Code 1985, § 19-5)

58-140 Nuisance declared.

The emission of air contaminants in violation of this article is declared to be a public nuisance and may be abated by the administrator as provided by law.

(Code 1985, § 19-6)

58-141 Abatement procedure.

(a)    In addition to any penalties, upon determination by the administrator that a violation of this article has occurred and that the person in violation has not furnished satisfactory proof that corrective measures have been or are being taken to abate the nuisance, the administrator shall give written notice to the person in violation to abate the nuisance.

(b)    The notice provided for in subsection (a) shall specify the section which is being violated and a reasonable time within which to abate the nuisance.

(c)    If at the end of the time allowed in the notice provided for in subsection (a) the violation has not been corrected, the administrator shall abate the nuisance as provided by law.

(Code 1985, § 19-7)

58-142 Emergency abatement.

When a violation of this article creates a hazardous or dangerous condition capable of immediately harming life or property, the administrator may summarily abate the nuisance immediately and without notice.

(Code 1985, § 19-8)

58-143 Inspections and right of entry.

(a)    All buildings and premises subject to this article are subject to inspection from time to time by the administrator or his designee.

(b)    All rooms and areas in the building shall be available and accessible for inspection, which shall be made during usual business hours if the premises are used for nonresidential purposes; provided, however, that inspections may be made at other times if:

(1)    The premises are not available during the usual business hours for inspection;

(2)    There is reason to believe that violations are occurring on the premises which can only be apprehended and proved by inspection during other than the prescribed hours; or

(3)    There is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.

(c)    Emergency inspections may be authorized without warrant if the administrator or his designee has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall take place only where the time required to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition. Emergency inspections may also be authorized in times of air pollution emergencies as provided by law.

(d)    Where the administrator or his designee is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this article and subject to the penalties under this article.

(Code 1985, § 19-9)

Decisional law reference—Inspection of private residences, Camara v. Municipal Court of San Francisco, 387 U.S. 523(1967); commercial buildings, See v. City of Seattle, 387 U.S. 541(1967); emergency inspections, Patrick v. State, 227 A.2d 486(1967).

58-144 Search warrant or access warrant.

(a)    The administrator or his designee may, upon affidavit, apply to the judge of competent jurisdiction for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this article may exist on the premises, including one or more of the following:

(1)    That the premises require inspection according to the cycle established by the administrator or his designee for periodic inspections of premises of the type involved;

(2)    That observation of external conditions (for example, smoke, ash, soot, odors) of the premises and its public areas has resulted in the belief that violations of this article exist; or

(3)    Circumstances such as age and design of fuel-burning equipment and/or system, types of incinerator, particular use of premises or other factor which renders systematic inspections of such buildings necessary in the interest of public health and safety.

(b)    If the judge of competent jurisdiction is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.

(Code 1985, § 19-10)

58-145 Smoke emissions from fuel-burning equipment; exceptions.

(a)    No person shall cause, suffer, allow or permit smoke from any fuel-burning equipment, the shade or appearance of which is darker than no. 1 of the Ringelmann Chart, to be emitted into the open air.

(b)    The provisions of this section shall not apply to smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than no. 2 of the Ringelmann Chart, for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.

(Code 1985, § 19-11)

58-146 Incinerator regulations.

(a)    No person shall cause, suffer, allow or permit smoke from any incinerator, the shade or appearance of which is darker than no. 1 of the Ringelmann Chart, to be emitted into the open air; or emissions of such opacity within a stack or chimney, or, exclusive of water vapor, of such opacity leaving a stack or chimney to a degree greater than the emission designated as no. 1 of the Ringelmann Chart.

(b)    The provisions of subsection (a) shall not apply:

(1)    To smoke emitted during the building of a new fire, the shade or appearance of which is not darker than no. 2 of the Ringelmann Chart, for a period of no longer than three consecutive minutes; or

(2)    To emissions of such opacity within a stack or chimney or, exclusive of water vapor, of such opacity leaving a stack or chimney to a degree which is not greater than the emissions designated as no. 2 of the Ringelmann Chart, for a period of no longer than three consecutive minutes.

(c)    No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any incinerator which are individually large enough to be visible while suspended in the atmosphere.

(d)    No person shall construct, install, use or cause to be used any incinerator which will result in odors being detectible by the sense of smell in any area of human use or occupancy.

(e)    No person shall operate, and no owner or operator of any building in the city shall permit the operation of, an incinerator prior to 7:00 a.m. or after 5:00 p.m. of any day, and all operation shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of material in a safe manner from the fire box to a noncombustible container; provided, that by special permit, the administrator or his designee may, because of exceptional circumstances, permit different hours of operation under such conditions as he deems necessary for the health, safety and welfare of the public or of persons in the vicinity.

(Code 1985, § 19-12)

58-147 Open burning prohibited; exceptions.

No person shall cause or permit an open burning in any public or private place outside any building; provided that open burning may be conducted if no public nuisance is or will be created, as follows:

(1)    Fires purposely set for the instruction and training of firefighting personnel when authorized by the fire chief.

(2)    Fires set for the elimination of fire hazards or hazardous material where there is no other practical or lawful method of disposal, and such burning is authorized by the fire chief and the administrator.

(3)    Campfires and other fires used solely for recreational or ceremonial purposes, or for outdoor noncommercial preparation of food.

(4)    Fires purposely set for the management of forest or game in accordance with practices recommended by the state and the United States Forest Service and which are authorized by the fire chief.

(5)    The burning of combustible material in an open pit incinerator which is designed and operated for the control of smoke and particulate matter.

(6)    The burning of hydrocarbons by atmospheric flares when no other means of disposal is practical.

(7)    Such burning may be conducted if specifically permitted by state law.

(Code 1985, § 19-13)

58-148 Construction of article.

This article is to be liberally construed to effectuate the purposes described in this article. Nothing in this article is to be construed as repealing or abridging the emergency powers of any agency of government except to the extent expressly set forth in this article.

(Code 1985, § 19-14)

58-149 Enforcement appearance tickets; issuance.

In addition to the usual means of enforcement of the ordinances of the city, any police officer, any member of the fire prevention bureau, or any other person designated by the administrator duly employed by the city shall be authorized to issue and serve appearance tickets charging violations of this article.

(Code 1985, § 19-15)

58-15058-200 Reserved.


State law reference—General power of municipalities to enact air pollution ordinances, MCL 336.34, MSA 14.58(24).