06-1221 City Code Open Burning/Clean Air
CITY OF MERIDIAN ORDINANCE NO.
P6-/72-(
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
PENAL TY 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 PENAL TY 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 ofthe 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burning, became outdated upon the promulgation of the Rules for Control of Air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 ofthe 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became outdated upon the promulgation of the Rules for Control of Air Pollution in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 ofthe 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 burning exøept
those fer which alternative means of produeing a similM publie booefit do not exist. Open
burning is sought to be eliminated sa that air quality and fire safety goals ean be
achieved. provide additional amendments to the International Fire Code as adopted in
Title 10. Chapter 4. Meridian Citv Code. as such amendments pertain specificallv to open
burning within the Citv of Meridian.
5-2-3: DEFINITIONS:
For purposes of this 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 have 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.:. when it can be shown
that sueklmming is neeessM)' anà t.flat no fire hazMd will oøøaf. Convonienoe of disposal
is not of itself a valid necessity for burning. Ru,les praITælgatod by the State of Idaho
Departmønt of Health aRd \VolfMø, at IDAP A Rules soetions 16.01.01.600 through
16.01.01.616 pursuant to the authority grantøà by Idaho Code chapter 1, title 39, and
chapter 52, title 67. Agrioulrnral 19l:tflTi.flg will not be allavvød ifl residential subdivisiofls
where tho subdivision lots Me smaUor than one and five tenths (1.5) aeres.
APPROVED INCrNERf~TORS: .^.ny søurøe consisting of a f'tm:taoo and all
appurtORaROOS thereto designated far destruction ofreÍÌlse BY bl:1i1ling. "Opon
ineinerators" shall mean those Burning eontainørs '.vhiek have boon approved afld eortifiød
by the Idafla Department of HeaUh fH'ld\VelfMe. "Bum baffols" B:fld similar dovices acre
forms øf opoo burning aBd are not oonsidered to Be 8flflrOvød incineratørs.
BO,'\RD: The City Couneil of the City øfMoridian.
AIR QUALITY INDEX (AQl): A system used bv the Idaho department of environmental
quality to report dailv 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 ranging from 0 to 500 with the pollutant that has the highest
ambient concentration measured in a given area determining the AQI.
CHIEF: Tho duly appointeE! Firo Chief for tho City of Moridian. "Chief' f{)r tho Pl:HfIOSOS
of tæs Chaptor may also mean any reprosomativo desigaatød by tho Chief to fulfill B:flY
fufletion ooder tæs Chaptør.
BURN BARREL: A drum. cylinder. or other such container in which residential outdoor
burning may be conducted. The use of a burn barrel is a form of open burning.
BURNING PERMIT: The Citv of Meridian burning pennit 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 dulv appointed fire chief for the Citv of Meridian or his designee.
FIRE DISTRICT: Any duly eonstituteà and oporaÜng fire district within tho booodarios
of tho City of Meridian.
IGNITE or IGNITION: To cause a fuel to burn.
ODOR: Tho sol'lsatiofl resl:llting Ham stiffi1:l1atiøfl of tho l:mæan sensa of small. The
propertv or Qualitv of a substance that stimulates or is perceived by the sense of smell, the
standards for which shall be iudged bv the fire chief or his designee on criteria that mav
include intensity. duration. frequency. offensiveness. and health risks.
OPEN BURNING: Tho bumil'lg of any matter in such a maooer that the pro duets of
eomÐustion resulting Kem tho bumiag are omitted diroetly iato the ambient air \vithom
passing thmugfl a stack, Ekiet or chimaey.
PERMIT: The City of MoridÜæ b&ming pennit issued pursuant to this Chapter.
PERMIT HOLDER: Any person issued a citv 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 mav result in hazardous
burning conditions.
RESIDENTIAL OUTDOOR BURNING: The open burning of rubbish. household waste.
tree leaves. vard trimmings. or gardening waste at a private 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 from the construction
or demolition of anv structure. or the operation of anv business. trade or industry. Trade
waste mav include. but is not limited to the following materials and their containers
and/or packaging: wood. sawdust. drywall. cardboard. yinvl. metal. glass. brick. asphalt.
tar. paint. stain. sealant, caulking. bark. chips, shavings. and cull wood.
5-2-4: PROHIBITION AGAINST OPEN BURNING:
Exeopt as allowed under seetiofl 5 2 5 of this chapter:
.^...Þ¡e parson shall Build, ignite, er mainta:ifl any outdøer fire of any kind or ebaraetor, or
for any purposes whatsoever.
B.No burning permit holder shall build, ignite, or maintain B:flY eutdoor firo of any kind
or eB:ai'aoter, or fur Ray purposes v:hatsooyor, d&riflg an air €):Qality alort issued par the
Meridian eloan air mdinanøo, s\ièjeot to soctiofl 5 3 5 oftkis title.
A. Except as allowed under section 5-2-5 ofthis chapter. any and all open burning shall
be prohibited.
B. The following types of open burning shall be sþecifically prohibited:
1. Use of burn barrels.
2. Agricultural burning.
3. Residential outdoor burning.
C. Open burning ofthe following materials shall be specifically prohibited:
I. Chemically-treated wood. including. 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;
II. 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 of this 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. ,^..grieultural burning.
2. Irrigatiøn ditehøs !Hid [Moe rov:s.
3. Fires used for control or alleviation of fire hazRf"d aT for wood control v:hen no
a:lt0fflative control method e]lÌsts.
1. Fires used ifl the training of ergamzed firefiglitiRg pørSOlll'lol.
5. Spoeial fires &llowed at tho disocotiøfl of tho fire ehief ',',4J.eroin tho fire is to be
loøatød. Spacial fires are fires not falling into subsoctions ,\ 1 t-àrough}~ 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 only 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
extinguished:
a. At least one portable fire extinguisher with a 4-A minimum rating or other
appropriate extinguishing agent and a method and/or equipment for applving such
extinguishing 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
insþection thereof prior to ignition. The fire chief or his designee may supervise the
building. ignition. and maintenance of any bonfire. Unless otherwise authorized by
permit. the following conditions shall apply to open burning of bonfires at all times
from ignition of the fire until it is extinguished:
a. At least one portable fire extinguisher with a 4-A minimum rating or other
appropriate extinguishing agent and a method and/or equipment for applving such
extinguishing 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.
B.Firos .\llowod \Vitheut Ponnit: Fires used for the preparation of f{)od and øampfires,
under eentrol of Ii responsible parsen, shall not require a permit hofØlllldor.
B. Fires used in the training of firefighting personneLbv direction of the fire chief or his
desÌlmee shall not require a permit.
C. Conditions Applicable to All Fires: The following conditions applv to all open burning
fires. including those for which a permit has been issued:
I. Open burning shall be allowed onlv 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 Citv 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 qualitv index reaches 60 or higher for anv pollutant. It is t1]s
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 6 OF 15
responsibility of the holders of valid permits or anvone wishing to ignite a fire for
which no permit is required to determine the level of the air quality index Prior to
igniting anv fire. The holder of a valid permit or anv person igniting a fire for which
no permit is required shall determine the level of the air qualitv index prior to igniting
any fire.
3. Open burning shall be prohibited when a red flag weather warning is in effect or
forecasted for within twelve (12) hours following ignition or when atmospheric
conditions or other circumstances present a danger to land. property. and/or human
health and safetv. The holder of a valid permit or anv person igniting a fire for which
no permit is required shall determine the red flag weather warning status and forecast
prior to igniting anv fire.
4. All fires shall be constantlv attended until the fire is comþletely extinguished.
5-2-6: PERMITS:
A. cøatoots: All fJermits ml:1st oontaiR tho follo\ving:
1. Name, address, Ènisinoss aBd homo fJflono offJermittee.
2. Loeation of proposed 1:mrning.
3. Fire district where propøseEl burning is to ooetif.
4. ConditieBs lHlder v:hieh burniRg is to be allowed. Tho fire chief shall de1.'elop sl:1oh
conditions as reasonaBly noeessaf'Y to provide for safe bæning. Provided, howe':or,
that no barning shall bE) allO\\'od Eltiring an air pollutieB alert as dE)tined in seotion 5 3
5 ef this title.
5. Sigaarnro ofissaing officer.
6. Signatl:a"e øf pormitteø.
B. Agriooltl:tfal Burning Pormits: L\grioaltural Burning peœlits may be issued for the
following perieds of time: Fobmary 15 to May 31 or 11:11)' 15 to Oetobor 15. A permit
issued for one time poned is Rot valid fer the otfler time fJeried; ho\ve':er, a permit
may bo issued eo\'eriRg beth periods. PeJffi1its fer either or both bocning periods ean
bo iss1:1ed by tho leoal fire el:tief or his designated representative.
C. Ditch AaEl FoReo Rew Bum Permits: Ditch and fenee TO':.' blMR fJeræits may be issued
allowing Bl:1fH:Ìng bet\veoo Fobruary 15 and Oetobor 15.
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 7 OF 15
A. Application for a permit required bv this Chapter shall be made to the fire chief in
such form and detail as prescribed bv the fire chief. Applications for permits shall be
accompanied bv such plans as prescribed bv the fire code official.
B. Anv person denied a burning permit mav appeal such denial in writing to the Meridian
Citv Council. Such appeal must be made within thirtv (30) davs of issuance. The Citv
Council shall rule on said appeal within fifteen (15) davs of receipt.
S 2 7: PERMIT PROCEDURES "'ITHIN FIRE DISTRICTS:
Permits for fires allmved to be bUfFled only by permit are to be obtained from the fire
distriet wherein the fire is tØ be located. PrøeeGures fer issuBnee of this pormit shall be
established by the eity council.
S 2 8: L\PPK'\L PERl\UT DENL\L:
Any person denied a burning permit by the fire ehief may ~peal that decision in writing
to the eity council. SUefl appeal must be made within thirty (30) days. The eityeeooeil
shall nlle on Said appeal withiH fifteen (15) days of reeeipt.
S 2 9: PROHIBITION L'\C}~INST CONT}ù\UNANTS:
Notwithstanding the provisioNs ef any seetion of this ehaptor, He person shall allmv,
suffer, eause ør permit the Burning øf materials \vhieh ØFflit toxie øøntæninants or large
vølumes of smeke, partiel:11ates or oders (such matorials Ri'e garbage, rubber, plastics,
hea-v)' pøtrolel:1FR pro duets, dead animals, etc.).
S 2 10: Al\fENDl\fENTS:
The city eøuneil may, upon its awn motioH ør upon røeøHHRoodations of the fire chief,
make ænenàœonts to this ehapter.
5-2- 7: APPLICABILITY OF CHAPTER:
Nothing in this chapter is intended to conflict with. supersede. repeal. or affect anv
applicable state or federal laws. rules. and/or regulations.
5-2-ll~: ENFORCEMENT AND PENALTY:
A. Enforcement: The fire chief, and/or his duly autherizød represontativedesignee, and/or
any law enforcement officer in Ada Coæty 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 anv provision or section of this Ordinance shall be held to be invalid bv a court of
competent iurisdiction. then such provision or section shall be considered separately and
apart from the remaining provisions or section of this Ordinance. which shall remain in
full force and effect.
Section 2.
That Title 5, Chapter 3, of the Meridian City Code is amended to
read as follows:
5-3-2: ,'\UTDORITY AND PURPOSE:
The purpose of this chapter is to protect air quality resources vital to the public health,
safety, and welfare of Meridian residents and the economic future.:. by oolltrolling
omissions from solid fuel and refuse Ðuming. This œaptør is promtllgatod under tho
authority ofthe Idafie oonstiMiøa article 12, section 2, aFld Idaho Code seotions 50 301
and 50 302.
5 3 3: APPLICABILITY:
This øhaptør shaH apply to all areas of the eity aFld those areas iH'J'lexøà to tho city
horeafter.
5-3-4J.: DEFINITIONS:
In addition to the definitions set forth in other applicable state and federal laws and citv
ordinances. including. but not limited to. Meridian Citv Code Title 10 and the codes
incorporated by reference therein. Ffor the purpose of this chapter, the following terms,
phrases, words, and derivations all have the meanings given herein. The word "shall" is
always mandatory and not merely directory.
,\IR POLLUTION: The ¡3reseFlee iFl the outàoor atmeBfJhere of any oefltarninant, or
øombinations tàereof, iFl sueR quantity or of sueh nature afld duration and lmder sueh
conditions as '-,¡auld bo injurious to human health or welfare, te plant or B:flimallif.ø, or to
proflerty, or to intørføre ul1ioasonB:Bly \vith the enjeymOflt oflife or 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 AQL
AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 9 OF 15
BUILDING: Any strueRife, dwelliRg, offiee, industrial plant, garage or barn, whether
publicly or privately o\vned or aa)' ether "strueture" as defiacd BY the building code as
adofltød in title 10, øaapter 1 of this eode.
BURN DOWN: That period oftime follev:ing an air pollutiøN aJort required for the
cessation of combustion and/or burning. within !!..solid fuel heating appliances or any
outdoor tires or burning or iaeiNeration iReluded vátl:1iB this ehapter.
CLEAN BURNING .'\PPLIANcE: /\. solid mol heatiag applianee that has been certified
as clcRfl Burning by either the Idahø departmoot of envirømnental ttliality or the United
States environmental proteetioa ageacy and has been plaeed on the list of approved clean
buming appliances maintained by the city 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.
FIREPL^..CE: A residential solid fuel B1iming de'¡ir~e '.vitll an air to fuel ratio of greater
than thirty (30) whieh is a peræanent struetural feature ef a building. A fireplace is made
up of a eoneealed masomy or metal flue and a masomy or metal firebox oflclosed in
deeerative masonry or other buddiag materials. A residential solid fuel b1:H1ling deviee
which is freestanding er whieh is iastalled into an existing "firefllaoe" opening is not
ine1uded ia tl:1e definition ef "fireplace".
HEAT OUTPUT: The British. thormal unit (Rtu)/holH ol:ÑfJut of a solid fuel heating
appliance measl:H"ed 1:1Rder the testiNg eritoria as adepted by the Ada Co&nty devolopmoot
serviees departmoot.
OPEN BURNING: The comè1istion of any material not GeNtaified in a heatiag appliance
or iacinerator.
INCINERATOR: Anv device designed or operated to reduce the volume of refuse or
solid waste bv burning. Pathological incinerators are excluded from this definition.
OPERATOR: Any person owning solid fuel burning equipment, or who is responsible for
placing fuel into or igniting fuel within a solid fuel heating appliance.burniag device,
fire)91aee, or inoiaerator.
P.-\RTICULATE M.'\TTER: Aay gas borne partieles resultiRg from ';ariøus air pollutioa
SOlHees.
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 ]}¡cINERA TOR: Any deviee designed or efJerated tø reduce the vohlfl1o of
refuse. Natural gas fired p£atholegioal ineiaerators æ-e excluded.
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 permanently 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: Any IDflR ofuntreateà \vood or ooal.
SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel
combustion. including. but not limited to. a wood stove. that meets all of the follo'.viag
criteria:
/\.. L^Jl air tø fuel a':eraging less theR thirty five tØ one (35:1);
B. Firebox vøl1ffile less thaR twooty (29) eubie feet;
c. Minil1Rlffi b1;Hll rate less thaR Rve (5) kilo£fæns per høl:tf; and
D. Ma,cÏffil:HR weight of less thlifl eight hundred (800) kilø£fams.
Explioi1;ly excluded are furnaees, Bailers, cook stoves, and of!øn firoplaees.
5-3~: AIR QUALITY DETERMINATION DESICNfATIONS L'\...~D L\LERT
CRITERIA:
.^~. DetefffiiRation: 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.
RAir PollutioR Alert: In order tø prevent the eRist6f1oe of, ør reck-1oe the duration of, air
quality that is unhealthful, an air pellution "alert" will he in effeet whønever the Idaho
departmoot ef environm:efltal quality's air quality iadex reaehes søventy four (71) or
higher for any J?ellutant ':¡ithia caR)'an County, L^1da County, ør Elmore County, Idaho,
and sta£Ration eonditieRs are forecasted te continue fer at least twenty {aUf (21) hours.
C.PefFflit Holder L'\nd Operator Responsibilities: It is the responsibility of burning permit
holders and eperators of solid fuel heating applianoes, firefJlaeøs, or refuse ineiaørators,
to monitor and Be a'lIare of the air quality indø][ aad air stagFlation forecasts and to refrain
from huming during an air pollutieR alert. Permit halders and operators may obtain thø
area's daily air quality indo"~ and air stagnation foreeast by oontaeting the Idaho
department of enviFonrnental quality.
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 11 OF 15
5-3-5: HEIGHTENED AIR OUALI1XlNDEX ~TIONS:
A. Whenever the Idaho department of environmental Qualitv reports an air Quality index
of seventv-four (74) or greater and forecasts air stagnation conditions to continue for at
least twentv-four (24) hours. the following additional restrictions and/or prohibitions
shall apply:
I. Appliances And Fireplaces: All wood burning. including. but not limited to.
burning within a solid fuel heating appliance 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 seventv-four (74) and a forecast of air stagnation conditions to
continue for at least twentv-four (24) hours shall have a burn down period ofthree (3)
hours. after or within which period combustion and/or burning must cease. No
person undertaking a bum down under this exception shall cause or allow wood
burning. unless an exemption has been granted bv the fire chief or his designee.
2. Incinerators: No person shall cause or allow the operation of a solid waste
incinerator. This chapter shall not applv to pathological incinerators.
B. All open burning. even if a valid permit has been issued or no permit is required, is
prohibited when the air quality index reaches sixtv (60) or higher for anv pollutant.
C. Holders of valid burnim! permits and persons igniting a fire for which no permit is
required. including. but not limited to. operators of solid fuel heating appliances. shall
determine the air Qualitv index and air stagnation forecasts prior to igniting such fires.
and shall monitor the air Qualitv index and air stagnation forecasts throughout burning
and/or use of such appliances. The air Quality index and air stagnation forecast mav be
determined bv contacting the Idaho department of environmental Quality.
5 3 {¡: PUBLIC NOTIFICATION:
'hnooe\'Of air pollmiofl alert conditions are met, loeal J3rint, radio, and television news
media will be notified. f~aRo&noemonts efthe œÜstØRee of an air pellution "alort" ',vill be
made by the aø',vs media dæiag røg1:l1arly sefieEkiled broaàeasts and in all editions of the
offioial aev:spaper of }~da Cot1aty.
5-3-+~: 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 eoal to be b1::1ffied 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, tæè-manufacturer's instructions and/or laws
pertaining thereto.
§ J 8: AIR QU<Á-LITY ALERT, }..DDITIONAL RESTRICTIONS:
At the onset aREi during the pendency ef a declared air q1:lality "alert", the following
additional restrictions aflply:
A.Af1f1liaflees And Fireplaces: }Ie person shall cause or allow, after a three (3) hour "burn
dowa", tfle operatiofls of a solid fuel heating aflfllittflee or eflen fireplace, unless an
QJeemptiofl has beeR granted by the eity elerk.
B.Ifleiflerators: tIe person shall 6atlS6 or allo\v the operatiefl of a solid waste incinerater.
COpen Burning: No person shalleause or allo',v opon burning ofrøfuse 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-et'
3. The solid fuel heatiflg applianee is listeEi by f..da cO1:1ftty development sørvioes
as a oleaR burning appliaRee.
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 under subsections <ALl B:fld f~2 of this section from
this chapter.
5 3 19: l\'IINIl\fUM ST<A_NDARDS FOR CLK~~ BUR:l\JINC }..PPLL\NCES:
In ne event shall the stB:fldarEis for dean burning solid fuel heating applianees allow a
\\'eigàted average particulate emissiofl greater than:
<AL.For a Hew clean burniag selid fuel heating aflpliance with a mifl1IT'Rilll heM output of
less tflafl forty thousaad (40,000) Btu per høæ- and tested pmsl:1aflt to proeedures
appro'.'ed by the building department:
AMENDMENTS To OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 13 OF 15
I. Se':en and five tenths grams (7.5 g) per hour fer a noHeMalytie solid fuel
heæiRg applÙmee.
2. Feur and ORe tooth grællS (4.1 g) per haur fer a øMalytio solid fuel heating
applianoe.
B.Cle&R burning solid fuel hoMing af1plianees with a miniHRlm heat ouÍflut of greater than
forty tfleusand (49,000) 8m per hour shall not exceed an average partieulate emission
standard equal to the sum ef eight gratRS (8.0 g) per hetif plus t\ve tenths £fttm (0.2 g) per
hour f.or each one thousaflà (1,000) Bm per holM heat el:1tput.
C.For any other selid fuel heating appliance offieially enempted by the ooviroœnootal
protøetieR ageney :ffeæ the aBeve requireFB.Øflts.
5-3..Jl.7: APPLICABILITY OF CHAPTER:
Nothing in this chapter is intended te eonflict '.vith, sUflersede, repeal, or affeet any other
regalatiofls or reE}uiroments for the iastallMion or inspeotioR ef solid fuel heatiHg
appliances, inoll:1àing, but flat limited tEl, those regulMions adapted at title 10, chapter 1 of
this eede. Further, nothing in this ehaJ3ter is entitleà to conflict with, supersede, repeal, or
affect any other regulMions er requirements for the~ b1::H.liing, outdoor fires, and
incmeration pønnits, including, But not limited to, these regulatiens adopted M chapter 2
ofthis title. applicable state or federal laws. rules. and/or regulations.
5-3-H8: ENFORCEMENT AND PENALTY:
A.Enforcement: The city of Meridian's fire chief; fire marshal or his duly authorized
representative or his designee and/or any law enforcement officer in tho city of
Meridian shall have the authority to enforce the provisions ofthis 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.P&nishmeFtt: Such ':iølation is punishable by imf1risoHmoo-t ia a eounty jail not
exceeding six (6) montHs, or by a fine Ret exeeediRg three fl.uadred dollars ($300.00)
or both.
5-3-9: SEVERABILITY:
If any provision or section ofthis Ordinance shall be held to be invalid by a court of
competent jurisdiction. then such provision or section shall be considered separatelv and
AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 140F 15
apart from the remaining provisions or section ofthis 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 (112) 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
1Jpr-/ I / S;~ , 2006.
PASSED by the City Council of the City of Meridian, Idaho, this / .&/ ~
day of 111M c;Á- , 2006.
I ftrf:- day
APPROVED by the Mayor of the City of Meridian, Idaho, this
m 4ÆcJu , 2006.
of
APPROVED:
ATTEST:
AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES
PAGE 15 OF 15
0—
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 06- Z !
PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY
OPEN BURNING AND CLEAN AIR ORDINANCES
An Ordinance of the 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 of this
ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho
Avenue, Meridian, Idaho. This Ordinance shal l,4ec% Effective upon passage and
publication.
91L,
Mayor and City Council of the Cityof MEridi n
By: William G. Berg, Jr., City Clerk
First Reading: .3 '/ 4 — Ai', Adopt j ac 3� suspension of the
Rule as allowed pursuant to Idaho Code § .' - NO
Second Reading: — Third We"Ad" �—
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 06- 12 Z /
The undersigned, William L.M. 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- 1 of the 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 -7 day of 2006.
9' William. L.M. Nary ity Attorney
SUMMARY -AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 1 OF I