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WOOD BURNING
Sections:
8.12.010 Definitions.
8.12.020 Installation.
8.12.030 Woodburning-Prohibition.
8.12.040 Exemption.
8.12.050 Inspections.
8.12.010 Definitions.
The following words and phrases have the following meanings unless the context
clearly indicates otherwise:
"Barbeque devices" means devices that are utilized solely for the
purpose of cooking food.
"Fireplace" means a hearth, fire chamber or similarly prepared place
and a chimney.
"Fireplace insert" means any woodburning device designed to be installed
in an existing fireplace which meets the Phase III wood stove standard, as such
term is defined in this section.
"High pollution day" means a period of time designated as a high pollution
day by the Colorado Department of Health.
"Phase III wood stove" means any woodburning device that meets the
most stringent standards adopted by the Air Quality Control Commission pursuant
to Section 25-7-106.3(1), C.R.S., or any nonaffected woodburning device that
is approved by the Commission.
"Sole source of heat" means one or more solid fuel burning devices
which constitute the only source of heating in a private residence. No solid
fuel burning device or devices shall be considered to be the sole source of
heat if the private 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 or wood
stoves of any nature, solid fuel burning cooking stoves, combination fuel furnaces
or boilers which burn solid fuel, or any other device used for the burning of
solid combustible material. Solid fuel burning devices do not include barbeque
devices or natural gas-fired fireplace logs. (Ord. O-92-61 § 1 (part),
1992).
8.12.020 Installation.
On or after January 1, 1993, any new or remodeled fireplace to be installed
shall be one of the following:
A. A gas appliance;
B. An electric device; or
C. A fireplace or fireplace insert that meets the most stringent emissions standards
for wood stoves established by the Air Quality Control Commission, or any other
clean burning device that is approved by the Air Quality Control Commission.
(Ord. O-92-61 § 1 (part), 1992).
8.12.030 Woodburning-Prohibition.
A. It is unlawful for any person to operate a solid fuel burning device during
a high pollution day unless an exemption has been granted pursuant to Section
8.12.040. It is the duty of all persons owning or operating a solid fuel burning
device to be aware of any declaration of a high pollution day by the Colorado
Department of Health.
B. At the time of the declaration of a high pollution day, the City Manager
shall allow three hours for the burndown of existing fires in solid fuel burning
devices prior to the initiation of enforcement. (Ord. O-92-61 § 1 (part),
1992).
8.12.040 Exemption.
A. It is an affirmative defense to a charge of burning on a high pollution day
that a person:
1. Was utilizing an appliance listed in Section 8.12.020; or
2. Has been granted a temporary exemption.
B. The city manager may grant such exemptions according to the following standards:
1. A person shall demonstrate economic need by providing proof of eligibility
for energy assistance according to economic guidelines established by the United
States Office of Management and Budget under the Low-income Energy Assistance
Program (L.E.A.P.), as administered by Jefferson County.
2. A person applying for an exemption must provide a sworn statement that he
relies on a solid fuel burning device installed prior to December 1, 1986, as
the sole source of heat.
C. An exemption granted under this section shall be valid for one year from
the date it is granted. (Ord. O-94-16 § 20, 1994; Ord. O-92-61 § 1
(part), 1992).
8.12.050 Inspections.
For the purpose of determining compliance with the provisions of this chapter,
city inspectors are authorized to make inspections of all air contamination
sources, including solid fuel burning devices which are being operated on high
pollution days, but only consistent with the constitutional rights of the owner
or occupant of the premises. If any person refuses or restricts entry and free
access to a city inspector to any part of a premise, or refuses to allow an
inspection, the inspectors shall seek from the municipal court of the City of
Lakewood a search warrant authorizing an inspector to enter the premises and
conduct an inspection. (Ord. O-94-16 § 21, 1994; Ord. O-92-61 § 1
(part), 1992).
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