HomeMy WebLinkAboutFire Code Ordinance
Page 1 of 1
Tara Green
..-"...-...-...----.--------
From: Leonard.Herr@deq.idaho.gov
Sent: Monday, March 06, 2006 3:35 PM
To: Tara Green
Cc: MichaeI.Toole@deq.idaho.gov; June.Hues@deq.ldaho.gov; Kelli.Wetzel@deq,idaho.gov
Subject: RE: City of Meridian Fire Code Amendment
Follow Up Flag: Follow up
Flag Status: Green
Tara:
Thanks for letting us know about this. The ordinance looks great, and the language is uniform with other
municipalities in the valley for open burning and woodstoves as they relate to air quality. This will help make
communicating open burning and air quality information to the general public much easier in the future.
Regards,
Leonard
Leonard E Herr
Regional Airshed Coordinator
Idaho Department of Environmental Quality
1445 N Orchard
Boise, ill 83706
208-373-0457
leonard.herr@deg.idaho"gov
--_.."------,--".__._,---,-",,._-----,----
From: Tara Green [mallto:greent@meridiancity.org]
Sent: Monday, March 06, 2006 1:20 PM
To: Kelli Wetzel; Michael Toole
Subject: City of Meridian Fire Code Amendment
Good Afternoon - this ordinance will be on our March 14th City Council Agenda. Please let me
know if you have any comments or recommendations.
Thanks,
Tara
Tara Green
Deputy City Clerk
City of Meridian City Clerk's Office
208-888-4433 Ext. 210
3/9/2006
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE
AN ORDINANCE AMENDING TITLE 5, CHAPTER 2, OF THE MERIDIAN
CITY CODE REGARDING: A SHORT TITLE, A STATEMENT OF PURPOSE,
DEFINITIONS, A PROHIBITION AGAINST OPEN BURNING, EXCEPTIONS
TO SUCH PROHIBITION, BURNING PERMITS, PROVIDING FOR A
PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE;
AMENDING TITLE 5, CHAPTER 3, OF THE MERIDIAN CITY CODE
REGARDING: A SHORT TITLE, A STATEMENT OF PURPOSE,
DEFINITIONS, AIR QUALITY DESIGNATIONS, HEIGHTENED AIR
QUALITY INDEX PROHIBITIONS, BURNING SOLID FUEL OR REFUSE,
APPLICABILITY OF CHAPTER, PROVIDING FOR A PENALTY FOR
VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Title 5, Chapter 2 of the Meridian City Code, regarding open
burning, became outdated upon the promulgation of the Rules for Control of Air
Pollution in Idaho by the Idaho Department of Environmental Quality and the adoption of
the International Fire Code, 2003 edition, in Title 10, Chapter 4 of the Meridian City
Code;
WHEREAS, Title 5, Chapter 3 of the Meridian City Code, regarding clean air,
became outdated upon the promulgation of the Rules for Control of Air Pollution in
Idaho by the Idaho Department of Environmental Quality, the adoption of the
International Fire Code, 2003 edition, in Title 10, Chapter 4 of the Meridian City Code,
and the passage of the Solid Fuel Heating Appliance Ordinance set forth in Title 10,
Chapter 1, Section 6 of the Meridian City Code;
WHEREAS, the City Council of the City of Meridian deems it to be in the best
interest of the health, safety and welfare of its citizens to regulate open burning in a
manner consistent with other applicable City ordinances and the International Fire Code
and the Rules for Control of Air Pollution in Idaho;
WHEREAS, the City Council of the City of Meridian deems it to be in the best
interest of the health, safety and welfare of its citizens to regulate clean air in a manner
consistent with other applicable City ordinances and the International Fire Code and the
Rules for Control of Air Pollution in Idaho;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 1 OF 15
Section 1.
That Title 5, Chapter 2, of the Meridian City Code is amended to
read as follows:
5-2-1: SHORT TITLE:
This Chapter shall be known as the CITY OF MERIDIAN OPEN BURNING
ORDINANCE.
5-2-2: PURPOSE:
The purpose and intent of this Chapter is to eliminate all forms of open bunting oxcept
those for ',',iÜefl altømative means of preE1tieiRg a similar public Benefit do not ø;¡dst. Open
bUi"ning is sought to bø eliminated 50 that air quality afld fire safety goals ean be
achieved. provide additional amendments to the International Fire Code as adopted in
Title 10. Chapter 4. Meridian City Code. as such amendments pertain specifically to open
burning within the City of Meridian.
5-2-3: DEFINITIONS:
For purposes ofthis Chapter, in addition to the definitions set forth in the International
Fire Code as adopted in Title 10, Chapter 4, Meridian City Code the following terms,
phrases, words, and derivations all haye the meanings given herein. The word "shall" is
always mandatory and not merely directory.
AGRICULTURAL BURNING: The open burning of plant life grown on the premises in
the course of any agricultural, forestry or land clearing operation.:. v:hen it eaR bo shown
that 81;100 burning is neee8sary and that no fire hazard will eeøef. Convønience of disposal
is not of itself a valid nocessity for bUfl}iRg. Rales proffi\llgated BY tfle State of Idaho
Department of Health afld v"elfare, at IDAP A R&les sectioR5 16.01.01.600 tflŒtlgh
16.01.01.616 pUi"stlant to the authority granted by Idaho Code chapter 1, titlo 39, and
æapter 52, title 67. Agricultaral burning will Rot be allowed in residential subdivisions
\vhere the sabdivisieRløts are smaller than one and five teflot.fls (1.5) acres.
,\PPROVED INCINERATORS: }illY source eonsisting of a furnaco and all
appurtenances thereto dosigaated for destruotion of refuse by bl:lffiing. "Open
inoinerators" shall mean those BtlIFling containers v¡hich have been approved and certified
by the Idaho Department ofHøalth and \Velfare. "Bl:lffi barrels" and similar devices are
forms of opøn barBing and are not coFlsidered to be approyod inøinerators.
BOARD: The City Coanoil of the City of Meridian.
AIR QUALITY INDEX (AQl): A system used by the Idaho department of environmental
quality to report daily air pollution levels to the public. Monitored air pollution levels are
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 2 OF 15
converted to a uniform scale rangin¡z from 0 to 500 with the pollutant that has the highest
ambient concentration measured in a given area determining the AQI.
CHIEF: Tho dlily appoiRted Fire Chi of for tho City of Meridiafl. "Chief" for the purposes
of this Chapter may alsa moaB any r6fJreseatatiT:e dosigaatoel BY tho Chief to fulfill aflY
fuaction llader this Chapter.
BURN BARREL: A drum. cylinder. or other such container in which residential outdoor
burning may be conducted. The use of a bum barrel is a form of open burning.
BURNING PERMIT: The City of Meridian burning permit issued by the fire chief or his
designee pursuant to this Chapter.
EXTINGUISHED: The absence of any visible flames. smoke or emissions.
FIRE CHIEF: The duly appointed fire chief for the City of Meridian or his designee.
FIRE DISTRICT: Aay ellily eonstimted and aperatiRg fire district within the bounElaries
of the City of Meridian.
IGNITE or IGNITION: To cause a fuel to bum.
ODOR: The sensation resultiRg from stimulation of the hlifRan sense of smell.The
property or quality of a substance that stimulates or is perceived by the sense of smell. the
standards for which shall be iudlZed by the fire chief or his desÜmee on criteria that may
include intensity. duration. frequency. offensiveness. and health risks.
OPEtr BURNING: The barRing of any matter in stIeh a ffi8f1ner that the pro duets of
combustiaR resulting FrOlR tho BlifJ'Jing are emitted directly into the ambient air váthoQ{
passing through a staok, elect or ømmney.
PERMIT: The City of MeriElian bumiRg permit issued purSliæR to this Chapter.
PERMIT HOLDER: Any person issued a city of Meridian burning permit.
PERSON: Any person, corporation, firm, partnership or any Federal, State or local
governmental entity.
RED FLAG WEATHER WARNING: A notification issued by the National Weather
Service that atmospheric conditions exist or may exist which may result in hazardous
burning conditions.
RESIDENTIAL OUTDOOR BURNING: The open burning of rubbish. household waste.
tree leaves. yard trimmings. or gardenin¡z waste at a priyate residential property.
AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 3 OF 15
SMOKE: Small gas borne particles resulting from incomplete combustion, consisting
predominately, but not exclusively, of carbon and other combustible material.
TRADE WASTE: Anv solid. liquid or gaseous material resulting ITom the construction
or demolition of any structure. or the operation of any business. trade or industry. Trade
waste may include. but is not limited to the following materials and their containers
and/or packaf,.,TÏng: wood. sawdust. drywall. cardboard. vinvl. metaL glass. brick. asphalt.
tar. paint. stain. sealant. caulking. bark. chips. shavings. and cull wood.
5-2-4: PROHIBITION AGAINST OPEN BURNING:
Exøøpt liS allmvcd undør scetion 5 2 5 of this øhaptør:
A,þJe persen shall baild, ignite, or maiataÜ'l afty outdeør fire of any kind or oharaøtcr, or
for any purpeses v,tuHsoe"ør.
B.No èfH'ning permit holder shall Ðtiild, ignite, or maintain aft)' outdoør fire øf any kind
or 6Raracter, ef for aa)' fH.trposes whatsøevør, d-1:1ring an air quality alert issued per tho
Møriàian clean air ordinaace, saèjeøt to seetion 5 3 5 of tRis title.
A. Except as allowed under section 5-2-5 of this chapter. any and all open burning shall
be prohibited.
B. The following types of open burning shall be specifically prohibited:
1. Use of burn barrels.
2. Agricultural burning.
3. Residential outdoor burning.
C. Open burning of the following materials shall be specifically prohibited:
1. Chemically-treated wood. includilllz. but not limited to. railroad ties and/or
telephone poles:
2. Combustible materials:
3. Commercial or industrial waste:
4. Dead animals:
5. Garbage:
6. Hazardous materials:
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 4 OF 15
7. Heavy petroleum products:
8. Insulated wire:
9. Mill waste:
10. Oil. grease, and/or asphalt:
11. Paints:
12. Pathogenic waste:
13. Plastics:
14. Rubber:
15. Tar and/or tar paper:
16. Tires:
17. Trade waste, specifically including, but not limited to, the burning thereof at
construction sites:
18. Vehicles.
5-2-5: EXCEPTIONS TO OPEN BURNING PROHIBITION:
Notwithstanding the provisions of section 5-2-4 ofthis chapter and the International Fire
Code as adopted in Title 10. Chapter 4, Meridian Citv Code, the following types of fires
shall be allowed:
A. Fires Allowed With Permit: The following types of fires may be allowed by permit
only:
1. Agrioaltæ'al burning.
2. lniga-tion E!itchos anti [once raws.
3. Fires used f{)r contrel or alleviation of fire hazard or fer ','food eøntrol \.VflØfl no
altoœativo cefttrol metRed exists.
1. Fires used ia tho training of erganizoE! firofiglHing porselllloi.
5. S13eeial fires allowed at tho diseretioR oftho fire emefv¡}:lerein the fire is to be
loea-toE!. Speeia:l tires arc tires Rot falling in-to suÐsoetiÐRs Al tffough /\.1 of this
section.
AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 5 OF 15
1. Open burning of irrigation ditches and fence rows for the purpose of weed controL
except that such fires shall be permitted on¡y between 8:00 a.m. and sunset. Unless
otherwise authorized by permit the following conditions shall apply to open burning
of irrigation ditches and fence rows at all times from ignition of the fire until it is
extinJruished:
a. At least one portable fire extinJruisher with a 4-A minimum rating or other
appropriate extinJruishing agent and a method and/or equipment for aPl'lying such
extinJruishing agent must be available for immediate utilization.
b. The permit holder must attend the fire at all times.
c. The permit holder must be in possession of the permit at all times.
2. Bonfires, so long as the fire chief or his designee has conducted a thorough
inspection thereof prior to ignition. The fire chief or his designee may supervise the
building, ignition, and maintenance of any bonfire. Unless otherwise authorized bv
permit the following conditions shall applv to open burning of bonfires at all times
from ignition of the fire until it is extinJruished:
a. At least one portable fire extinguisher with a 4-A minimum rating or other
al'propriate extinJruishing agent and a method and/or equipment for applying such
extinguishing agent must be available for immeqiate utilization.
b. The permit holder must attend the fire at all times.
c. The permit holder must be in possession of the permit at all times.
RFirøs }Jlo\v6d \J¡Tithout P6ffilit: fires 1:1sod fer tho 13røpaFetion of food aHd campfires,
1:11'1(:16£ control of a rospøasiblø 13ørSOR, shall Rot røEltiiro a 136rmit hocouRdør.
B. Fires used in the training of firefighting personnel by direction ofthe fire chief or his
designee shall not require a permit.
C. Conditions Applicable to All Fires: The followin2: conditions apply to all open burning
fires, including those for which a permit has been issued:
1. Open burning shall be allowed only where the fire is built. ignited, and maintained
in accordance with time, place, and manner restrictions established by law, including,
but not limited to: Meridian City Code Title 10. Chapter 4; the Meridian Clean Air
Ordinance; all applicable provisions of the Idaho Code: and rules and regulations
promulgated pursuant thereto.
2. All open burning, even if a valid permit has been issued or no permit is required, is
prohibited when the air quality index reaches 60 or ~or any poijutant. It is the
AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 6 OF 15
responsibility of the holders of valid permits or anyone wishinlZ to ilZnite a fire for
which no permit is required to determine the level of the air quality index prior to
ignitinlZ any fire. The holder of a valid permit or anv person ilZnitinlZ a fire for which
no permit is required shall determine the level of the air quality index prior to ÜmitinlZ
any fire.
3. Open burninlZ shall be prohibited when a red flail weather warninlZ is in effect or
forecasted for within twelve 02) hours followinlZ ignition or wþ.en atmospheric
conditions or other circumstances present a danlZer to land. property. and/or human
health and safety. The holder of a valid permit or any person ignitinlZ a fire for which
no permit is required shall determine the req flaIl weatþ.er waminlZ status and forecast
prior to ignitinlZ any fire.
4. All fires shall be constantly attended until the fire is completely extinl!Uished.
5-2-6: PERMITS:
A. CoatØflts: ."..11 permits lffilSt eoata:ia the follo'::ing:
1. Name, aaaress, business and heme phone efperm.ittøø.
2. Loeation of propesed 1:H:1rning.
3. Fire distriet vAlero flreposed burning is to ee0U1.
1. Ceaditions under \vhieh bl:1ming is to be allo'Ned. The fire ehief shall develop sl:1eh
eol'lditions as reasenably neeessary te provide fer safe Bumiag. Pre'lideà, hmvever,
that no ÈHHlliag shall be allo'.vea during an air pellutiea alert as defined in seetion 5 3
5 of this title.
5. SigHatl:H'e of issuing offieer.
6. 8ignatui'e ef pønaittee.
B. ."..griel:1lmral Bumiag P8ÐRits: .A~griøultural Èn.imiflg perm.its may be issued fer the
follovlÏag perieds of time: February 15 to May 31 er July 15 te Oøtober 15. ^ pefffiit
isstled for ene time period is not valid fer the otHer time fleriod; However, a per:mit
may be issued eevering botH perieas. Permits for either or Beth burning periods eaR
be issued BY the local fire cHief or Ris døsigHatøà reflresentative.
C. Ditch .\nd FeRce ReV! Bl:ŒH Permits: Ditch al'ld feRee fØ'lI btiffi permits may be isS^ued
allowing bl:ŒHing Bet\VeeR FeÐmary 15 and OetoBef 15.
AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 7 OF 15
A. Application for a permit required by this Chapter shalJ be made to the fire chief in
such form and detail as prescribed by the fire chief Applications for permits shall be
accompanied by such plans as prescribed by the fire code official.
B. Any person denied a burninl! permit may appeal such d~ in writinl! to the Meridian
City Council. Such appeal must be made within thirty (30) days of issuance. The City
Council shall rule on said appeal within fifteen (15) days of receipt.
S 2 7: PERl\fIT PROCEDURES \\'ITHIN FIRE DISTRICTS:
PeFffiits fer fires allewed te bø Èmmød only by fJørmit æ-e 1e be ebtained from the fire
distriet wHerein the fire is te bø leeatød. Preeedures fer iSS1:uHloe of tHis pallnit shall 130
estaBlished by the city col:1B.eil.
5 2 8: }...PPEAL PER1\fIT DENP...L:
Any fJersoH denied a Bl:1fHing permit by the fire chief may ajlf.leal tHat deeisioB. in v:ritiag
to the eity oeuncil. Sl:1(;ïÐ. apfJeal Hltist be made within thiFty (39) days. The city oouaoil
shall role on said af'f'eal ',vithiB. fiftøea (15) days of receipt.
5 2 9: PROHIBITION ACAINST CONT:\l\ON}...NTS:
NetwithstandiB.g the fJrovisions ef aay seotioa ofthis eflapter, no person shall allow,
suffer, Oa\ise or pennit tho Burning of materials v:hieh øæit tmde coB.tamiaants er læ-go
voluæ.es øf smoke, particulates or edors (suoh matørials are garBagø, robber, plastics,
heavy petreleum fJrodl;1ets, dead iHiimals, etc.).
5 2 10: .\l\fENDMENTS:
The city eoufleil may, l=1fIen its ev:a motioFl or l:lpOR roo8mmøadatioFls ofthe fire chiøf,
make ameadmeHts te this ehaptor.
5-2- 7: APPLICABILITY OF CHAPTER:
Nothinl! in this chapter is intended to conflict with. supersede. repeaL or affect any
applicable state or federal laws. rules. and/or relrulations.
5-2-H~: ENFORCEMENT AND PENALTY:
A. Enforcement: The fire chief, and/or his duly al:1thorizod fe¡3røseatativødesÜrnee, and/or
any law enforcement officer in Ada COURty shall have the authority to enforce the
provisions of this chapter.
B. Penalty: Each violation of any regulation hereunder or the provisions of anv permit
issued pursuant hereto shall be a misdemeanor, and for each day said violation shall
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 8 OF 15
continue, shall constitute a separate offense hereunder. Such violation shall be punishable
as provided in section 1-4-1 of this code.
5-2-9: SEVERABILITY:
If any provision or section of this Ordinance shall be held to be invalid by a court of
competent jurisdiction. then such provision or section shall be considered separately and
apart from the remaining provisions or section of this Orqinance. which shall remain in
full force and effect.
Section 2.
That Title 5, Chapter 3, ofthe Meridian City Code is amended to
read as follows:
5-3~2: :\UTBORITY.\ND PURPOSE:
The purpose of this chapter is to protect air quality resources vital to the public health,
safety, and weltàre of Meridian residents and the economic future.:, by 6entrølling
emissieRs frem. selid fuel aDEI reÍÌ:lse bErning. This ch<1f!tør is profFtUlgateà under tho
authority of the Idalio eoflstitlition article 12, seetioFl 2, aHd Idaho Cede sections 50 301
ana 50 302.
5 J 3: :~&PPLICA.RILITY:
This ehapter shall apply to all areas of the oityand those areas annoJeed tø the eity
hereafter.
5-3-4J.: DEFINITIONS:
In addition to the definitions set forth in other applicable state and federal laws and city
ordinances. including. but not limited to. Meridian City Code Title 10 and the codes
incorporated by reference therein. Ffor the purpose of this chapter, the following tenDs,
phrases, words, and derivations all have the meanings given herein. The word "shall" is
always mandatory and not merely directory.
AIR POLLUTION: The preSØf1ee in the ol:1tE1oor atmosflhørø Ðf any eontaminant, or
ool.'ÐØinatiens thereof, in sueh quantity or of sueh natl:J..re ana deration aHd uneer such
ooHèitioHs as v;Ðl-lld Be injuriells tø lRHnan health or T.velfare, to fJlant ør animal life, or to
property, or to iaterf.øre l:mreaSÐf1ably with the enjeymeHt oflife ør property.
AIR QUALITY INDEX (AQI): A system used by the Idaho department of environmental
quality (DEQ) to report daily air pollution levels to the public. Monitored air pollution
levels are converted to a uniform scale ranging from 0 to 500 with the pollutant that has
the highest ambient concentration measured in a given area determining the AQI.
AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 9 OF 15
BUILDING: ..'\ny struøtæ'e, Ehvelling, effiee, industrial plaflt, garage or ham, whether
paelicly er privately owned or aay other "strueMø" as E!efiNød by the b1:1ilding (Jede as
adoptøE! in title 10, chapter 1 of this eede.
BURN DOWN: That period of time follo\ving an air poll1:ltiea alert required for the
cessation of combustion and/or burning. \vithin .!i.solid fuel heating applian(Jes or any
o1:ltàoor fires er b1:lrniNg or inciflØFatien iNeludeà within this ohaptør.
CLE..^...N BURNING APPLIANCE: i\ soliE! fuel heatiRg BfJpliaRce that has been eertified
as clean burning by either the Idaho departmøn-t øf of!vironmental quality er the United
States envirøFlflloNtal proteetion agency and has beoo placed Of! the list of aJ"proved eløan
b1:1rniNg ap13lianøes maintaiaed by tho eity elerk.
ECONOMIC HARDSHIP: Fifty percent (50%) or less of Ada County's median income
as established by the U.S. department of housing and urban development.
FIREPLACE: i\ røsidential solid fuel burRing deviee with an air to fuel ratio øf greater
thaR thirty (30) '.vhieh is a permaflent struetural feaœFe of a building. A fireplaeø is made
up ef a ceflcealed masomj' or metal t:lue aRd a masonry or metal firooO]( eneIosed in
deeorativø æasofH'Y Of other building materials. ^ residential solid fuel burning døviee
whieh is freestanding or whieh is ifl5talløE! inte an øJlÏstiflg "fireplace" opening is not
ifwluE!ed in the definitieB of "fireplace".
HEAT OUTPUT: The British thermal Uflit (Bw)/ho1:lr out131:1t of a solid fuel heatia.g
applianee measared under the testing eriteria as aE!epteE! by tHe AE!a CO1:lfity development
serviees døpartmeflt.
OPEN BURNING: The eeæàt1stion ef any material net containeE! in a heating appliancø
or iBcineFator.
INCINERATOR: Anv device desilmed or operated to reduce tl;1e volume of refuse or
solid waste by burning. Pathological incinerators are exc~uded from this definition.
OPERA TOR: Any person owning solid fuel burning equipment, or who is responsible for
placing fuel into or igniting fuel within a solid fuel heating appliance. burniNg døviøe,
fireplaee, or iRcinøFator.
PAR TICUL}.. TE MATTER: Any gas Berne particløs rest11tiag fFem various air poll1:ltion
BOUrses.
PERMIT HOLDER: Any person issued a city of Meridian burning permit.
PERSON: Any individual, firm, partnership, association, corporation, company,
organization or governmental entity.
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 10 OF 15
REFUSE: All solid waste, garbage, and rubbish, including, but not limited to, cardboard,
plastic, rubber, styrofoam, petroleum products, foodstuff, Christmas trees, yard debris, or
chemically treated wood.
REFUSE ]}ICINERA TOR: .^JiY de~:ioe sesigaed or operates to reduce the yolmlle øf
refuse. NatlMal gas fires pfathelogioal ineinerators are eKoll:1sed.
SOLE SOURCE: One or more solid fuel heating devices which constitute the only source
of heat in a building for the purpose of space heating. No solid fuel heating device(s)
shall be the sole source of heat ifthe building is equipped with a pennanently installed
furnace or heating system designed to heat the building that is connected or unconnected
from its energy source, utilizing oil, natural gas, electricity or propane.
SOLID FUEL: }JlY form of l:1Fltrøated v.'ooà er eoal.
SOLID FUEL REA TING APPLIANCE: An enclosed device designed for solid fuel
combustion. includinll. but not limited to. a wood stove. tflat meets all ofthe fellov:ing
criteria:
f... .'\11 air to fuel a:veraging less thaa thirty five to one (35: 1 );
B. Firehex velume less than h.vønty (20) eubie feet;
C. MinilTRiHl htlrn rate less thaa five (5) kilograms ~er he1tf; and
D. Maxim1.iffi weight efless thaH eigàt huaŒed (gOG) kilegrams.
Explieitly e1lelused are fuœaoes, hoilers, oeok sto':es, and epen fireplaces.
5-3~: AIR QUALITY DETERMINATION DESICNA TIONS :\, ~D ALERT
CRITERI:\:
A. DetemlinatieFl: Air quality within the city of Meridian shall be detennined by
referencing daily areawide pollutant levels, known as the area's air quality index, as
reported by the Idaho department of environmental quality.
]L'\ir Pollution fJert: æ order to flreveat the enisteaeo Elf, or redaoe the docatiea of, air
qaality that is unhealthful, aFl air pollution "alert" will be iH øffeÐt v;heHe':er the Iclaho
øepaft:meat of elTviroflffiental qaality's air qaality iaàex føaehes se':eflty feur (74) or
higher for any pollutant withia Caayen Ceunty, f..da CO\:H'1ty, or Elmere Cmlllty, Idaho,
and stagRatioB conditions are føreoastøà to eontiFæe fer at least t',vonty fOlK (21) heocs.
C.PaHllit Holder And Operator Responsibilities: It is the re~ønsibility ofhurning permit
holders anà operators of solid fuel liøating appliances, fir~laoes, er refuse iaoiner:ators,
to moHitor and be a:ware ef the air ttaality Ìlulex and air stagB.atioB foreeasts and te refrain
from Bl:1ming duriag an air pollatioa alert. Pønnit hoMers anà oflerators may obtaia the
area's daily air ttaality inSel( aad air stagnation forøoast by eontaeting tlie Idaho
d~artffieat of eBvirenmeBtal ttaality.
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 11 OF 15
5-3-5: HEIGHTENED AIR °11MJTY INpEX PßQ!!!IDTIONS:
A. Whenever the Idaho department of environmental qua~ity reports an air quality index
of sevent -four 74 or eater and forecasts air sta ation conditions to continue for at
least twenty-four (24) hours, the fo~lowing additional restrictions and/or prohibitions
shall aPvly:
1. Appliances And Fireplaces: All wood burning, includin&..but not limited to,
burning within a solid fuel heating app~iance or fireplace, shall be prohibited, except
that a person who commenced wood burning prior to the issuance of a report of an air
quality index of seventy-four (74) and a forecast of air stalIDation conditions to
continue for at least twenty-four (24) hours shall have a burn down period of three (3)
hours, after or within which period combustion and/or burning must cease. No
person undertaking a burn down under this exception shall cause or allow wood
burning, unless an exemption has been granted by the fire cI;1ief or his designee.
2. Incinerators: No person shall cause or allow the operation of a solid waste
incinerator. This chapter shall not apply to pathological incinerators.
B. All open burning, even if a valid permit has been issueq or no pennit is required, is
prohibited when the air quality index reaches sixty (60) or higher for any pollutant.
C. Holders of valid burning permits and persons igniting a fire for which no permit is
required, including, but not limited to, operators of solid fuell;1eating appliances, shall
determine the air quality index and air stagnation forecasts prior to igniting such fires,
and shall monitor the air Quality index and air stagnation forecasts throughout burning
and/or use of such appliances. The air quality index and air stagnation forecast may be
detennined by contacting the Idaho department of environmental Quality.
S 3 ,: PUBLIC NOTIFICL'\TION:
"},'heflo':er air poUetion alert 6ønditions are met, løcal print, mdiø, and television ne',';s
media \vill be Ratified. ¡\lillouFl6ements øfthe existence ef ilft air pollation "alert" will be
made by tee ne\vs media d\iring regular} y seheffided Broadeasts and in all øditiøns oftho
offieial flewspaper of Ada CelIDty.
5-3-+.2: BURNING SOLID FUEL OR REFUSE:
A. Solid Fuel Heating Appliances: No person shall cause or allow the burning of any
matter other than wood fuel refuse or eaal te Be b\imød in a solid fuel heating appliance
designed for wood fuel. Such prohibition shall include. but is not limited to, refuse or
coaL
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 12 OF 15
B. Incinerators: No person shall cause or allow an refuse incinerator to be operated
contrary to the design, specifications, aHè-manufacturer's instructions and/or laws
pertaining thereto.
S 3 s: L\IR QUL\LITY L\LERT, L\DI}lTION~\L RESTRICTIONS:
¡\~t the onset and d1:1ring the flendeH6Y of a deelarød air quality "alert", the follm,viag
additienal restrietioHs af'flly:
A.AflpliaR6es ¡\~Fld Firoplaoes: }To person shall eause or allo\v, after a fŒee (3) hol:ff "bum
down", the epørations of a soliè. fuel høatiag appliaRee aT OfleH firØfJlaøe, unless an
ØJ{emptieR has been granted by the eit)' clerk.
B.Inciaerators: No parseR shall cause or allavl the ofJeratien of a solid waste inciaørator.
C. OpeR Eumiag: ÞIo person shall 6ause or allow OpeR buœing af refuse or solid fuel.
5-3-9: EXEMPTIONS:
A. Grant By City Clerk: The city clerk shall grant exemptions from this chapter if it is
determined by the city clerk that:
1. A solid fuel heating appliance is the sole source of heat for the structure in
which it is situated; or
2. Using alternative heating would cause an unreasonable economic hardship.:.t-ef
3. The solid fuel heating aflplian6e is listed by J'"àa Col:ffity develepmønt services
as a dean 1:11:lmiRg aP19liaHøø.
B. Denial Of Exemption; Hearing: Any person denied an exemption under this chapter
shall be provided, at the option of the applicant for the exemption, a hearing before the
mayor and city council.
C. Noneligibility For Exemption: Any building constructed after the effective date hereof
shall not be eligible for an exemption l:ffider sooseotioRs Al aad A2 of this seøtion from
this chapter.
S 3 10: MINIMUl\f STA....l\ '~R\RDS FOR CLEAN BUR.~INC APPLL\...~CE8:
In flO eveHt shall the staadanls fur oleaR bl:1miag solid fuel heating aflplianoes allow a
weigàted ¡p;erage partiol:11ate emission greater tflan:
AFor a He';; deaa buraiag sa lid wel heating aflplianoe wità a miF1:iml:1fR heat output of
less tflan forty thøl:1sanè. (10,900) Etu per hoüf aNd tested flursuant to proeeåtwes
appro'led BY the Buildiag deflartmeat:
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 13 OF 15
1. geVeB al'là five tenths grams (7.5 g) fler Relir for a non6atalytic solid fuel
heatiag aflplianoø.
2. Fol:1f anà ofle teRfu grams (1.1 g) per hol:ir for a catalytic solid fuel heating
appliaflce.
B. Clean burning selid fuel Reatiag appliEtfl6es with a minimHffi heat Ol::1tput of ::~r than
forty theasanà (1 Q,OOQ) Bta par Haur shall not 8J(ceeà an a'leFage flartieulate e . . n
staRdarà equal to the Sl:iffi of eigk.t gt'atRS (8.0 g) per hoar ph,Is t'::o tønths gram (0.2 g) par
hoHr for eaøh ene thousand (l,OOG) Bta per Hour Heat out¡3ut.
C.Fer aft)' oilier sølid fuel heating appliance effieially mcempteà by the efl'lireruneHtal
pretectieR ageRey Horn tHe aèeve reql:lifØfI1eats.
5-3..Jl.7: APPLICABILITY OF CHAPTER:
Nothing in this chapter is intended to aoflfliat v:ith, supersede, repeal, or affeet anyothør
regulations ar ro{Juireæents for tHe installation Elf iRSfJeatien of solià fuel heating
appliaaees, inaluàing, Bat Ret limited te, those regulatiafls aàopted at title 10, ehapter 1 of
this eorle. Furtfler, Bathing in this CHapter is eatitled to conflict with, supersede, repeal, or
affect any other regulatiOfls or røq1:1iremeRts fer the~ b1:1ming, eutdoer fires, and
inciRaratien pemlits, inel1:lding, but Rat liæiteà to, tHose reg1:l1atioHs adoJ3ted at chaptar 2
of tHis titlø. applicable state or federal laws. rules. and/or regulations.
5-3-YS: ENFORCEMENT AND PENALTY:
A.Enforcement: The city of Meridian's fire chief; fire æarsHal or his duly authorized
rØfJreseRtativø or his desÜmee and/or any law enforcement officer in the eity of
Meridian shall have the authority to enforce the provisions of this chapter.
RPenalties: Each violation of any regulation hereunder or the provisions of any permit
issued pursuant hereto shall be a misdemeanor~ and for each day said violation shall
continue, shall constitute a separate offense hereunder. Such violation shall be
punishable as provided in section 1-4-1 of this code.
C.PUf1'Îsftment: gaah ';iolatien is punishable BY imJ3risomnent in a eeunty jail not
exeeediRg six (6) æeflths, or BY a fiRe not exeeeding three l:ændred dollars ($300.00)
or 80th.
5-3-9: SEVERABILITY:
If any provision or section of this Ordinance shall be helq to be invalid by a court of
competent jurisdiction. then such provision or section shall be considered separately and
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 14 OF 15
apart from the remaining provisions or section of tþ.is Ordinance. which shall remain in
full force and effect.
Section 3.
That all ordinances, resolutions, orders, or parts thereof or in
conflict with this ordinance are hereby voided.
Section 4.
That pursuant to the affirmative vote of one-half (1/2) plus one (1)
of the Members of the full Council, the rule requiring two (2) separate readings by title
and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly,
this Ordinance shall be in full force and effect on
,2006.
PASSED by the City Council of the City of Meridian, Idaho, this
day of , 2006.
of
APPROVED by the Mayor of the City of Meridian, Idaho, this
, 2006.
day
APPROVED:
MAYOR
ATTEST:
CITY CLERK
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 15 OF 15
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 06-
PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY
OPEN BURNING AND CLEAN AIR ORDINANCES
An Ordinance ofthe City of Meridian amending Title 5, Chapter 2, of the Meridian City
Code and amending Title 5, Chapter 3, of the Meridian City Code. A full text ofthis
ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho
Avenue, Meridian, Idaho. This Ordinance shall become effective upon passage and
publication.
Mayor and City Council of the City of Meridian
By: William G. Berg, Jr., City Clerk
First Reading: Adopted after first reading by suspension of the
Rule as allowed pursuant to Idaho Code § 50-902: YES NO
Second Reading: Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 06-
The undersigned, William LM. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 06- ofthe City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code § 50-901A(3).
DATED this day of
,2006.
William. LM. Nary, City Attorney
SUMMARY-AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 1 OF I