Loading...
HomeMy WebLinkAboutORD 1779Bill No. 9 ORDINANCE NO. 1779 AN ORDINANCE ENACTING A NEW TITLE 7, CHAPTER 6, CALDWELL CITY CODE TO PROVIDE FOR SOLID FUEL HEATING APPLIANCE PERMITS; PROVIDING DUE PROCESS FOR DENIAL OF PERMIT OR EXEMPTION; PROVIDING FOR MINIMUM STANDARDS FOR CLEAN BURNING APPLIANCES; PROVIDING FOR A SOLID FUEL HEATING APPLIANCE APPEALS AND ADVISORY BOARD; PROVIDING FOR A PENALTY FOR NONCOMPLIANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: SECTION 1. That a new Title 7, Chapter 6, Caldwell City Code, be, and the same is hereby enacted to read as follows: 7 -6 -1: SOLID FUEL HEATING APPLIANCE PERMITS: A. It shall be unlawful for any person in the City of Caldwell to install a solid fuel heating appliance in any new or existing structure until first procuring from the Fire Department a solid fuel heating appliance per- mit. B. It shall be unlawful on or after July 1, 1988, for any person in the City of Caldwell to: offer to sell, or sell, for installation - -in any new or existing structure, or to install or J)e installed in any new or existing structure, a solid fuel heating ap- pliance which has not been certified as clean burning by the Oregon Department of Environmental Quality (DEQ). 7 -6 -2: DENIAL OF PERMIT OR EXEMPTION: Upon a showing of sufficient cause to believe that grounds exist for denial of a permit, or exemption from the rules and regulations of the Fire De- partment as provided for in the chapter, the Fire Marshal or designee may deny said permit or exemption by: A. Notifying the applicant by certified mail, personal service, or substituted service of the grounds. for said denial and of the applicants opportunity to appeal said denial to the Solid Fuel Heating Appliance Appeals and Advisory Board. B. Failure of a person to actually receive a notice sent or served, shall not invalidate the denial. C. The applicant, upon receiving notice of the denial, may appeal said denial by making application for a hearing before the Solid Fuel Heating Appliance Appeals and Advisory Board within ten (10) working days of receipt of above notice. me r•_ 7 -6 -3: DENIAL HEARING AND DETERMINATION BY BOARD: The hearing shall be before the Solid Fuel Heating Appliance Appeals and Advisory Board. At such hearing the applicant may present evidence, call witnesses and be represented by Counsel. Within ten (10) working days after the date of the hearing, the Solid Fuel Appliance Appeals and Advisory Board shall either: A. Approve the denial by the Fire Marshal or designee. B. Allow the issuance of the permit or exemption with modifications or conditions as the Board may impose, such modifications or conditions to be reasonably related to the use of the permit or exemption. 7 -6 -4: APPEAL OF DECISION OF BOARD: The decision of the Board on a denial shall be final and conclusive. Appeal from a decision of the Board must be made to the District Court for Canyon County. 7 -6 -5: MINIMUM STANDARDS FOR CLEAN BURNING APPLIANCES: A. In no event shall the standards for clean burning solid fuel heating appliances, as adopted by rule and regula- tion by the Fire Department allow a weighted average particulate emission greater than: 1. For a new clean burning solid fuel heating appliances with a heat output of less than 40,000 Btu /hr, from and after July 1, 1988 until December 31, 1988, when tested pursuant to procedures approved by the Fire Department: a. 15 grams per hour for a non - catalytic solid fuel heating appliance b- 6 grams per hour for a catalytic- equipped solid fuel heating appliance. 2. For a new clean burning solid fuel heating appliance with a minimum heat output of less than 40,000 Btu /hr, after January 1, 1989, when tested pursuant to pro- cedures approved by the Fire Department: a. 9 grams per hour for a non - catalytic solid fuel heating appliance. -2- • f b.- 4 grams per hour for a catalytic- equipped solid fuel heating appliance. 3. Clean burning solid fuel heating appliances with a minimum heat output of greater than 40,000 Btu per hour, after January 1, 1989 shall not exceed an average particulate emission standard equal to the sum of 8.0 grams per hour plus 0.2 grams per hour for each thousand Btu per hour heat output. 4. All clean burning solid fuel appliances shall be installed to meet or exceed manufactures listed requirements. 5.• Any person denied a clean burning solid fuel heating appliance permit shall have a right to a hearing pursuant to this Chapter. B. The Fire Department shall maintain a list of appliances certified to be clean burning by the Oregon Department of Environmental Quality. 7 -6 -6: SOLID FUEL HEATING APPLIANCE APPEALS AND ADVISORY BOARD CREATED: There is hereby created a Solid Fuel Heating Appliance-Appeals and. Advisory Board for the purpose of hearing and deciding all appeals from a denial by the Fire Marshal of designee of a solid fuel heating appliance permit as is required by this Chapter. The Solid Fuel Heating Appliance Appeals and Advisory Board shall consit of three (3) members appointed by the Mayor with the advice and consent of the Council. The members of the first Board shall be appointed to serve as follows: One member for a period of one year, one member for two (2) years, and one member for three (3)years. Thereafter, the Mayor shall appoint each year, one member to take the place of the retiring member on said Board and said appointment shall be for a period of three (3) years. In the event, however, that any member of the board shall resign or, through death or disability, cease to be a member of said Board, the Mayor shall appoint a successor, with the Councils approval, to finish out the unexpired term. 7 -6 -7 QUALIFICATIONS: All persons appointed to membership on the Solid Fuel Heating Appliance Appeals and Advisory Board shall be duly qualified voters in the City; provided, -3- A however, one such appointed member may reside outside the City and does not have to be a qualified voter in the City. fi=6 -8: ORGANIZATION: The Board shall be appointed and meet when required to hear appeals from denails of solid fuel heating appliance permits as provided in this Chapter. The Board shall organize within ten (10) days following its appoint- ment, and at its first meeting, elect one of its members as Chairman, the Chairman shall then appoint one as Vice chairman, and one as Secretary; all officers shall hold office during the pleasure of the board. The Secretary shall be required to keep an accurate record of all proceedings of the Board. The Board shall report to the Council all its proceedings, transactions, and recommendations upon request. 7 -6 -9: POWERS AND DUTIES: The Solid Fuel Heating Appliance Appeals and Advisory Board shall hear and decide all appeals from a denial by the Fire Marshal or designee of a solid fuel heating appliance permit as required by this Chapter. The Solid Fuel Heating Appliance Appeals and Advisory Board shall recommend to the Fire Marshal, Inspection and enforce- ment criteria associated with this chapter. The Board as it deems necessary may adjust the solid fuel heating appliance permit fee as set by the Caldwell Fire Departments Fire Marshal. 7 -6 -10: INCENTIVE PROGRAM FOR THE INSTALLATION OF CLEAN BURNING SOLID FUEL HEATING APPLIANCES: The City of Caldwell shall endeavor to provide funding from outside the City of Caldwell's taxes for the installation of solid fuel heating appliances consistent with the emissions standards provided for solid fuel heating appliances in structures. Such in- centive program shall provide low interest loans, or other inducements, to eligible persons, for the installation of solid fuel heating appliances in existing residential and/ or commercial units. 7 -6 -11: PENALTY: The violation of any of the provisions of this Chapter, or the failure or omission to perform any duty imposed by the provisions of this Chapter is hereby declared unlawful and punishable as a misdemeanor. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO THIS 18th DAY OF April 1988. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO THIS 18th DAY OF April 1988. APPROVED: MAYOR ATTEST:_ CITY C ERR -4-