4800 West 92nd Avenue Westminster, CO 80031

City Government

 

5. Solid Fuel Burning Restrictions

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CHAPTER 5

SOLID FUEL BURNING RESTRICTIONS

8-5-1:  LEGISLATIVE INTENT
8-5-2:  DEFINITIONS
8-5-3:  SOLID FUEL PROHIBITION
8-5-4:  EXEMPTION CRITERIA; PROCEDURE; DURATION
8-5-5:  ENFORCEMENT

8-5-1:  LEGISLATIVE INTENT:  The City Council finds and declares that the health, safety, and welfare of the citizens of Westminster are adversely affected by the degradation of the air quality within the City limits; and further, that solid fuel combustion produces particulate matter and carbon monoxide which is physically harmful, aesthetically unpleasant, and contributes to the degradation of the air quality.  The City Council further declares that it is the responsibility of every person owning or operating a solid fuel-fired heating device to be aware of any declaration of a high pollution day issued by the Colorado Department of Health.  (1742 1999)

8-5-2:  DEFINITIONS:  (1742 1999)

(A) "Barbecue device" means a device that is utilized solely for the purpose of cooking food.

(B)  "High pollution day" means a period of time designated as a high pollution day by the Colorado Department of Health.

(C)  "Operation" means the burning of solid fuel in a solid fuel-firing heating device.

(D)  "Person" means any person or entity who owns or occupies or has legal possession of a structure.

(E)  "Sole source of heat" means one or more solid fuel-fired heating devices which constitute the only source of heat in a structure for the purpose of space heating.  A solid fuel-fired heating device shall be considered to be the sole source of heat when no other means of space heat is in place.  A heating device that is disconnected from its energy source, including, but not limited to, heating oil, natural gas, electricity, or propane, shall be considered to be in place.  When the structure is not receiving the electric or natural gas service necessary for utilizing the heating device, it shall not be considered to be in place.

(F)  "Solid fuel" means a substance which is neither liquid nor gas.

(G)  "Solid fuel-fired heating device" means a device designed for solid fuel combustion located within the interior of a structure and includes without limitation, solid fuel burning stoves, combination fuel furnaces or boilers which burn solid fuel, or any other devices used for the burning of solid fuel.  Solid fuel-fired heating devices do not include barbecue devices.

8-5-3:  SOLID FUEL PROHIBITION:

(A)  It shall be unlawful for any person to have a solid fuel-fired  heating device in operation during a high pollution day.  It shall be an affirmative defense to a charge under this Subsection (A) that a person has obtained an exemption pursuant to Section 8-5-4.  (1742 1999)

(B)  The Municipal Court judge shall take judicial notice of any declaration of a high pollution day issued by the Colorado Department of Health.  (1742 1999)

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(C)  In order to allow a period for the burn down of existing fires, the Code Enforcement Officer shall wait three (3) hours after the commencement of a high pollution day before enforcing the provisions of subsection (A) of this section.  (1742 1999)

8-5-4:  EXEMPTION CRITERIA; PROCEDURE; DURATION:

(A)  A person may apply to the Department of Community Development to obtain a temporary certificate of exemption based on any of the following criteria:  (1742 1999)

1.  Demonstration of economic need.  A person may demonstrate economic need to use a solid fuel-fired heating device by demonstrating that he has been determined to be eligible for energy assistance under the Low Income Energy Assistance Program administered by either Adams or Jefferson County.

2.  Sole source of heat.  To obtain this exemption a person must demonstrate that the solid fuel-fired heating device is the sole source of heat.

3.  Device meets emissions criteria.  To obtain this exemption a person must demonstrate that the solid fuel-fired heating device meets the following criteria:

            (a)  When tested in accordance with the provision of 5CCR 1001-6, Appendix A, Colorado Air Quality Control Commission Regulation Number 4, or by an equivalent test, the device emits particulates at a rate that is less than or equal to six and one-tenth (6.1) grams per hour and emits carbon monoxide at a rate that is less than or equal to seventy-five (75) grams per hour; or

            (b)  When tested in accordance with the provisions of 5CCR 1001-6, Appendix B, Colorado Air Quality Control Commission Regulation Number 4, or by an equivalent test, the device emits particulates at a rate that is less than or equal to four and thirty-two hundredth (4.32) grams per hour and emits carbon monoxide at a rate that is less than or equal to seventy-five (75) grams per hour.

(B)  The Department of Community Development shall establish procedures for the issuance of temporary certificates of exemption.  (1742 1999)

(C)  An exemption obtained under this section shall be effective for one year from the date it is granted.  (1742 1999)

8-5-5:  ENFORCEMENT:  Any person found guilty of a violation of Section 8-5-4 (A) shall be punished by a fine of not less than twenty-five dollars ($25) and not more than three hundred dollars ($300).  (1742 1999)

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