Chapter 8.20
WOODHEATING REGULATIONS
Sections:
8.20.020 Requirements for solid fuel heating device installation.
8.20.030 Solid fuel burning device emission standard.
8.20.040 Restriction of woodburning and emissions on high pollution days.
8.20.050 Prohibited materials.
8.20.010 Definitions.
As used in this chapter:
"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. In the event more than one consecutive days are designated as red or yellow, they shall all be considered a part of the same period.
"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 stove" means a solid fuel device certified by DEQ as meeting the emission performance standards specified in Oregon Administrative Rules 340-34-045 through 340-34-115.
"PM10" means airborne particles ranging from .01 to 10 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 the DEQ or the Jackson County Department of Health and Human services to be 130 ?g/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 heating device inside a residence.
"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 woodstoves 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 Kachelofens.
"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 the DEQ or the Jackson County Department of Health and Human Services to be 91 ?g/m3 and above but less than 130 ?g/m3.
(Ord. 794 § 1, 1998)
8.20.020 Requirements for solid fuel heating device installation.
The purpose of this section is to reduce the amount of particulate pollution resulting from woodburning for space heating.
A. It shall be unlawful for any new or used solid fuel heating device to be installed in the city of Phoenix after the effective date of the ordinance codified in this chapter, unless:
1. The device is installed pursuant to the city building code and regulations of the department of planning and development; and
2. The solid fuel heating device complies with the Oregon Department of Environmental Quality Particulate Emission standards for certified woodstoves; 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 with other than a solid fuel heating device.
B. If the conditions set forth in this subsection 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. 794 § 2, 1998)
8.20.030 Solid fuel burning device emission standard.
A. Within the city of Phoenix, 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 subsection 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 the Jackson County department of health and human services that is known to produce equivalent or better accuracy.
(Ord. 794 § 3, 1998)
8.20.040 Restriction of woodburning and emissions on high pollution days.
A. Operation of Solid Fuel Burning Device Prohibition.
1. The operation of a solid fuel burning device within the city of Phoenix during a high pollution period shall be prohibited unless an exemption has been granted pursuant to subsection B of this section. A presumption of a violation for which a citation shall 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 the high pollution period.
2. Notwithstanding subsection (A)(1) 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 period. 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.
3. After two years from the effective date of this ordinance, no property owner within the city of Phoenix shall rent or lease a residential unit that is not equipped with a secondary source of heat other than a solid fuel burning device, unless the landlord has a valid exemption under subsection (B)(2) of this chapter. Should a violation of this section occur it shall be attributable to the property owner and not the tenant or lessee.
B. Exemptions. It is permissible for a household to operate a solid fuel burning device within the city of Phoenix during a high pollution period when the head of that household has obtained one of the following exemptions. Exemptions granted under this section shall expire on September 1st of each year.
1. 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 their eligibility for energy assistance under the Federal Department of Energy Low-Income Energy Assistance Program (hereinafter referred to as L.I.E.A.P.), as administered by ACCESS Inc. or its successor.
2. Sole Source. An exemption may be issued to the heads of households who sign a statement declaring their reliance on a solid fuel burning device as the sole source of heat for their residence. Sole source exemptions shall not be issued after two years from the effective date of this ordinance, unless the residence is approved for installation of an alternative heating source through the Jackson County Housing Authority woodstove replacement program guidelines or in the absence of such a program when the head of household can show that the family income is less than eighty percent of the median income level for the Medford metropolitan area as established by the Federal Department of Housing and Urban Development (HUD). Households that qualify for an exemption based on economic need, as defined in this chapter, may continue to rely on a solid fuel burning device as the sole source of heat for the residence beyond two years from the effective date of the ordinance codified by this chapter.
3. Special Need. Upon a showing of special need, as further defined by administrative rule, a temporary exemption may be granted authorizing the burning of a solid fuel burning device notwithstanding subsection (A)(1) of this section. "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. 794 § 4, 1998)
8.20.050 Prohibited materials.
It shall be 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. 794 § 5, 1998)
2-2009)