HomeMy WebLinkAboutOrdinance No. 19815ORDINANCE NO. 19$15
AN ORDINANCE CONCERNING THE USE OF SOLID FUEL SPACE
HEATING DEVICES DURING AIR POLLUTION EPISODES; AMEND-
ING SECTIONS 6.250, 6.255, AND 6,990 OF THE EUGENE
CODE, 1911; ADDING ANEW SECTION 6.992 TO THAT CODE;
REPEALING SECTION 6.270 OF THAT CODE; AND DECLARING
AN EMERGENCY.
The City Cauncil of the City of Eugene finds that:
A. In recognition of the adverse effects the degradation of air quality
has on the health, safety and welfare of the citizens of Eugene, Ordinance
No. 19131 was adopted by the Cauncil and approved by the Mayor an November 5,
1990 restricting the use of solid fuel space heating devices during air pol-
lution episodes through the addition of Sections fi.250 to 6.210 to the Eugene
Code, 1911.
B. Subsequently thereto Lane County and the City of Springfield adopted
simi 1 ar provisions restricting the use of sot i d fuel heating devices . The
regulations adapted by lane County and the City of Springfield did, however,
contain an exempti an for pellet stoves not present i n the provisions adopted
by Ordinance No. 19131.
C. Section 2 of Ordi Hance No. 19131 required that the City Manager pre-
sent the Counci 1 with a report that would enable the review of the of f ect i ve-
ness of the provisions adopted therein prior to the first Caunci 1 meeting i n
November, 1991. That report has been reviewed, and the Council finds it
would be i n the best interests of the residents of the City and ensure un i -
form regulation of solid fuel space heating devices throughout the Eugene-
Spri ngf i el d Metropolitan Area to amend the provisions previously adopted by
the City of Eugene to provide an exemption far pellet stoves.
Now, therefore,
Ordinance - 1
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 6.250 of the Eugene Cade, 1911, is amended by adding
"Pellet stove's in alphabetical order therein, to provide:
6.250 Solid Fuel S ace Heatin Devices - Definitions. As used in sections
fi.255 to fi.210, the following wards and phrases mean:
Pellet stove. An enclosed solid fuel space heating device
designed and operated to burn manufactured solid fuel and having
an air-to-fuel ratio greater than 35-to-~ as determined by the
federal test method described in 40 CFR Part fio,534.
Section 2. Section 6.255 of the Eugene Cade, 1911, is amended to pro-
vide:
6.255 Solid Fuel S ace Heatin Devices - Prohibitions.
~1} No person in charge of property during a Stage I Red Advisory
shat l operate or allow to be operated a sol i d fuel space heating device which
emits visible emissions into the air outside of the building housing the
device, unless the person has been granted an exemption to use the device b
y
the city manager.
~2} No person in charge of property during a Stage II Red Advisory
shall operate or allow to be operated a sol id fuel space heating device
unless :
~ a} The person has been granted an exemption to use the de-
vice by the city manager; or
~ b} The person i s operating a pei 1 et stove which emits no
visible emissions into the air outside Of the building housing
the device.
Section 3 . Section 6, 210 of the Eugene Code, 1911, i s repealed .
Section 4. Subsection ~2} of Section fi.990 of the Eugene Code, 1971,
i s amended to provide:
fi.990 Penalties - S ecific.
~2} Violation of section fi.255 is punishable by a minimum fine
of $50.00 to a maximum fine of $500,OO for each day that the violation
exists. This penalty is cumulative and in addition to any other remedy
ava~ 1 abl a to the c~ ty.
Ordinance - 2
Section 5. Anew section fi.992 is hereby added to the Eugene Code,
1911, to provide:
6.992 Penalties - General. violation of any other section in this chap-
ter is punishable by fine not to exceed $200.00,
Section fi. The City Recorder, at the request of, or with the concur-
rence of the City Attorney, i s authorized to administratively correct any
reference errors contained herein, or in other provisions of the Eugene Code,
1911, to the provisions added, amended or repealed herein .
Section 1. That the matters cvntai ned herein concern the public health,
welfare and safety and therefore, an emergency i s hereby declared to exist,
and this ordinance shall become effective immediately upon its passage by
the City Council and approval by the Mayor, rentention by the Mayor far mare
than ten days, or readoption aver a mayoral veto by two-thirds of all members
of the City Council.
Passed by the City Council th i s
2nd day of December, 1991
r
City Recorder
Approved by the Mayor this
2nd day of December, 1991
yor
ordinance - 3