Chapter 8.30
WOOD BURNING
Sections:
8.30.030 Residential wood smoke restriction.
8.30.040 Residential open burning of yard debris.
8.30.050 Exemptions and prohibitions.
8.30.060 Conformity with the law.
8.30.010 Purpose.
To protect the health, safety and welfare of the citizens of Cornelius. To ensure compliance with the requirements of the Federal Clean Air Act of 1990 and to avoid the negative impacts of failure to comply with the requirements. To reduce nuisances associated with the burning of wood and debris in the city. [Ord. 2016-002 § 1 (Exh. A), 2016.]
8.30.020 Definitions.
The following definitions apply unless inconsistent with the context:
“Air quality forecasting” means the process of using available data including but not limited to local weather conditions, air quality monitoring data, weather forecasts, and atmospheric ventilation forecasts to determine actual or projected ambient concentrations of particulate matter 2.5 (PM 2.5).
“Antique stove” means a wood burning stove that is valued because of its historical significance, roughly 100 years old or older.
“Boiler” means an enclosed device using controlled flame combustion and having the primary purpose of recovering thermal energy in the form of steam or hot water.
“Central, wood-fired furnace” means a device that burns wood to produce heat that warms spaces other than the space where the furnace is located.
“Code enforcement officer” means city code enforcement officer designated by the chief of police.
“Cook stove” means a wood-fired cook stove designed primarily for cooking food.
“DEQ” means the Oregon Department of Environmental Quality.
“Fireplace” means a site-built or factory-built masonry fireplace that is designed to be used with an open combustion chamber and intended to be used primarily for aesthetic enjoyment or as a space heater.
“Green day air quality advisory” means an air quality advisory issued by the Washington County Department of Health and Human Services indicating acceptable monitored and forecasted ambient levels of particulate matter 2.5.
“Low income” means a person or family who demonstrates economic need because their total household income is equal to or less than the low-income guidance established and maintained by the United States Department of Housing and Urban Development.
“Masonry heater” means wood burning device with a large masonry mass that absorbs heat and reradiates it throughout the home.
“µg/m3” means micrograms per cubic meter.
“Nonputrescible waste” means any solid waste that contains no more than trivial amounts of putrescible materials, or minor amounts of putrescible materials contained in such a way that they can easily be separated from the remainder of the load without causing contamination of the load. This category includes construction demolition debris and land-clearing debris; but excludes hazardous waste as defined in ORS 466.005 and source-separated recyclables whether or not sorted into individual material categories by the generator.
“Open burning” means outdoor burning in burn barrels or incinerators, open outdoor fires and any other outdoor burning where combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney.
“Particulate matter 2.5” means particles suspended in the air that are less than 2.5 microns in diameter.
“Pellet stove” means a heating device that uses compressed pellets made from ground, dried wood or other biomass wastes designed for use in pellet stoves as its primary source of fuel.
“Putrescible waste” means solid waste containing organic material that can be rapidly decomposed by microorganisms and which may give rise to foul smelling, offensive products during such decomposition or which is capable of attracting or providing food for birds and potential disease vectors such as rodents and flies.
“Recreational fire” means a small outdoor fire (combustible pile no larger than three feet in diameter and two feet in height), limited to the purposes of cooking or enjoyment, or fires lit in chimneys, patio fireplaces, fire pits, or other similar devices using charcoal, natural gas, propane, manufactured fire logs, or clean dry natural firewood as fuel, and which occurs in designated areas on public lands or on private property. The fire cannot serve as a disposal fire.
“Red day air quality advisory” means an air quality advisory issued by the Washington County Department of Health and Human Services indicating that ambient concentrations of particulate matter 2.5 are forecasted to average 35 µg/m3 for at least 24 hours.
“Residence” means a building used as a home, dwelling or place of abode.
“Residential open burning” means open burning on a single- or multi-family property.
“Sauna” means a small room used as a hot-air or steam bath for cleansing and refreshing the body.
“Solid fuel burning device” means an indoor woodstove, woodstove insert or any other device that burns wood, coal or other nongaseous or nonliquid fuels for aesthetic, space-heating or water-heating purposes in or for a private residence or a commercial establishment and that has a heat output of less than 1,000,000 British thermal units (BTU) per hour. “Solid fuel burning device” does not include:
(1) Fireplaces;
(2) Antique stoves;
(3) Cook stoves;
(4) Pellet stoves;
(5) Masonry heaters;
(6) Central, wood-fired furnaces;
(7) Saunas; and
(8) Boilers providing process heat to a commercial, industrial or institutional establishment.
“Violation” means a transgression of any standard, order or permit or any part thereof, as described in this chapter. Violations include both acts and omissions.
“Yellow day air quality advisory” means an air quality advisory issued by the Washington County Department of Health and Human Services indicating that ambient concentrations of particulate matter 2.5 are forecasted to approach a daily average of 30 µg/m3. [Ord. 2016-002 § 1 (Exh. A), 2016.]
8.30.030 Residential wood smoke restriction.
(A) Air Quality Advisories. The city shall communicate to the public air quality advisories issued by the Washington County Department of Health and Human Services during the winter heating season, November 1st through March 1st.
(B) The city shall caution against the operation of fireplaces and solid fuel burning devices during a yellow day air quality advisory period.
(C) Unless determined to be exempt according to CMC 8.30.050, no person shall operate or allow to be operated a fireplace or solid fuel burning device during a red day air quality advisory. [Ord. 2016-002 § 1 (Exh. A), 2016.]
8.30.040 Residential open burning of yard debris.
(A) No person shall at any time of the year cause or allow to be initiated any open burning of yard debris on single- or multi-family property located within city limits.
(B) In accordance with Oregon Administrative Rules Chapter 340 Division 264, this prohibition does not apply to:
(1) Recreational fires;
(2) Barbecue equipment used in connection with any residence;
(3) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or a hazard to public health or safety, or for instruction of employees in the methods of firefighting, which in the opinion of the public agency is necessary.
(C) Open burning fires otherwise exempt from the requirements of this section are still subject to the requirements and prohibitions of the city fire department and the State Fire Marshal. [Ord. 2016-002 § 1 (Exh. A), 2016.]
8.30.050 Exemptions and prohibitions.
(A) It shall be permissible to operate a solid fuel burning device or fireplace during a red day air quality advisory if one or more of the following circumstances applies to the residence:
(1) Sole Source. The residence relies on one or more solid fuel burning device(s) or fireplace(s) to heat the main living space of the residence. A solid fuel burning device shall not be considered to be the sole source of heat if the residence is equipped with a permanently installed working system such as oil, natural gas, electric, geothermal, solar or propane heating system whether connected or disconnected from its source.
(2) Economic Need. The household qualifies as low income.
(3) Emergency Conditions. Emergency conditions include:
(a) A utility supplier declares energy shortages;
(b) Electric power outages occur;
(c) Interruptions of natural gas service occur;
(d) Temporary (not to exceed 60 days) failure of a residence’s primary heat source; or
(e) Other circumstances when a failure of a residence’s primary heating system presents an immediate need to operate a solid fuel burning device or fireplace for the preservation of health and welfare. [Ord. 2016-002 § 1 (Exh. A), 2016.]
8.30.060 Conformity with the law.
This chapter shall not in any way be a substitute for, nor eliminate in any way, the necessity for conformity with any and all laws or rules of the state or its agencies, nor any ordinances or rules and regulations of the city. [Ord. 2016-002 § 1 (Exh. A), 2016.]