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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2019 - ITEMS RELATING TO OUTDOOR RESIDENTIAL WOOD BURNINGAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY March 5, 2019 City Council STAFF Cassie Archuleta, Senior Environmental Planner Jody Hurst, Legal SUBJECT Items Relating to Outdoor Residential Wood Burning. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 042, 2019, Amending Chapter 20 of the Code of the City of Fort Collins Pertaining to Nuisances. B. First Reading of Ordinance No. 043, 2019, Appropriating Prior Year Reserves in the General Fund to Increase Staffing for Outdoor Residential Wood Burning Program Support. The purpose of this item is to modify the current air pollution nuisance Code provision to make it more enforceable for smoke impacts from outdoor residential wood fires. Changes proposed include decriminalization, a midnight curfew and a property line setback for outdoor wood burning. Additionally, resources in the form of an 0.25 FTE increase, are being requested to support education, outreach and compliance with the code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Over the years, concerns have sometimes been reported to the City or Poudre Fire Authority related to the health and/or nuisance impacts from wood fires in residential neighborhoods. In May 2017, Council identified backyard fire pits as a priority issue, prompting efforts to explore policy options to mitigate potential smoke impacts on air quality and public health as well as improve neighborhood livability. Wood smoke is considered an air pollutant as it is made up of gases and particles, which can cause health concerns. For a healthy adult, concerns for short term exposure to high particle pollution levels can include effects such as eye irritation, sore throat, wheezing and coughing. For more sensitive individuals, including children, the elderly, and those with existing heart or lung conditions, concerns can be more serious, including trouble breathing and/or exacerbation of existing conditions such as asthma and Chronic Obstructive Pulmonary Disease (COPD). Activities to date and previous Council guidance have included: • May 2017 o Identified as a Council priority • October 2017 o Council adopted a 2018 budget revision offer to support work on this topic Agenda Item 16 Item # 16 Page 2 • February 2018 Work Session o Staff presented, and Council supported, a research and public engagement plan (Attachment 1) • May - September 2018 o Staff proceeded with policy research and public engagement • October 2018 o Staff presented policy options and Council provided direction to propose a policy option that only prohibited residential wood fires with negative impacts (rather than a full ban) • January 2019 o Staff presented a policy option that would prohibit residential wood fires unless permitted, where permit conditions required that smoke could not have negative impacts on neighbors o Council requested staff to instead pursue updates to existing air pollution nuisance prohibitions to better enable enforcement for residential wood smoke concerns Air Pollution Nuisance Code In 1987, the City adopted an air pollution nuisance Code provision that prohibited public nuisances from pollutants such as smoke, odors, etc. (Municipal Code, Sec. 20-1, air pollution nuisances prohibited). Some practical limitations in enforcing this Code provision are: • Residential wood fires are otherwise legal, and there has not been a clear implementation and enforcement plan to address wood smoke impacts from these types of fires as a public nuisance • Enforcement of the Code would require collection of evidence demonstrating impacts to the public, as required for proof of a public nuisance • A violation would be considered a criminal offense, which would mean a high burden of proof, and a criminal record for any violations of this Code At the January 22, 2019 Work Session, Council requested that staff explore modifying the current air pollution nuisance Code provision to make it more enforceable for smoke concerns from outdoor wood burning fires in residential areas. Modifications proposed for consideration include: • Decriminalizing violations o This will make the offense civil rather than criminal, which staff considers more appropriate for this type of violation and will reduce the burden of proof required to demonstrate a violation. • Prohibiting outdoor wood fires between midnight and 7:00 am o Council had expressed interest in establishing a curfew, and midnight was suggested • Establishing a setback distance of 15 ft from a property line o International Fire Code already prohibits fires within 15 feet of a structure or combustible material (including a wooden fence) for fire safety reasons o This will add a similar setback for property lines, which will be enforceable by City Code Compliance Officers Additional Environmental Outreach and Compliance Support The ability to enforce air pollution nuisance Code requirements for residential wood smoke concerns will, in part, be dependent on resources available to provide education and outreach, investigate complaints, and otherwise substantiate public nuisance violations. In support of this, staff is proposing additional resources (10 hours per week of staff time, or 0.25 FTE) to focus on: • Increased promotion of awareness of health impacts of wood smoke • Increased awareness of, and access to, resources to file complaints • Establishing a robust air quality complaint intake system, to assist environmental compliance staff in gathering evidence regarding complaints Agenda Item 16 Item # 16 Page 3 • Case-by-case investigative efforts, including information collection in the field, that could support issuance of a citation for a public nuisance violation These additional resources will be leveraged by converting an existing 0.75 FTE Environmental Services Department, Air Quality support position to a full time (1.0 FTE) position. The increased capacity will be in line with the existing job functions for this position, which include: • Environmental compliance support for the implementation and support of Fugitive Dust regulations • Administration of a Memorandum of Understanding (MOU) with Martin-Marietta Materials • Support for development and administration of air quality outreach and incentive programs (such as electric lawn and garden equipment rebates) Additionally, the increased education and outreach support regarding wood smoke will be leveraged as an opportunity to provide improved public health messaging about the impacts of wildland fire smoke, which is of increasing concern for climate adaptation efforts. Incentives During Work Session discussions, Council expressed interest in exploring implementation of a new incentive program to discourage wood burning and encourage lower smoke alternatives such as gas-fueled fires pits. Staff proposes developing an incentive program to be considered as a 2020 budget revision offer. Considerations include: • The 2019-2020 budget did not include a $30K/year budget that has previously been used to support indoor air quality incentives, including a zero-interest loan option for replacing indoor wood fireplaces with gas or electric alternatives. Staff proposes that a new incentive program would focus on both indoor and outdoor wood burning. • Some have expressed concern about the City promoting use of gas-fueled appliances, as the City adopted a carbon neutral climate goal. Staff will explore options that focus on reducing wood burning without necessarily promoting gas burning (e.g., rebates to recycle or remove a wood burning appliance). Program Evaluation Following the first year of implementation, staff proposes to evaluate effectiveness and limitations of the new program. Evaluation would include a summary of: • Number of residential wood smoke complaints • Specific concerns (e.g., health, nuisance, safety) • Any incident related health outcomes (e.g., exacerbation of pre-existing conditions, increased medication use, emergency department visits) • Distance to property lines (for evaluation of potential changes in setback distances) • Complaints at Short Term Rentals (STRs) (for evaluation of potential limitations at STRs) • Ability to address complaints with voluntary compliance • Any code violations and enforcement action taken Next Steps If Code changes and resources are adopted, staff proposes beginning implementation in time for the 2019 outdoor fire season (approximately June-September). Staff will also: • Provide quarterly updates to Council • Submit a proposal for an incentive program to be considered as a 2020 Budget Revision Offer • Evaluate the program after the first season of implementation and return to Council in 2020 with an evaluation of effectiveness and recommendations Agenda Item 16 Item # 16 Page 4 CITY FINANCIAL IMPACTS Adoption of requested resources would require $18,638 per year in ongoing cost for Personnel and Benefit expenses for the 0.25 FTE position increase. The pro-rated amount for 2019 to be appropriated from General Fund Reserves is $13,409 to cover the expenses for April through December. BOARD / COMMISSION RECOMMENDATION The Natural Resources Advisory Board (NRAB) discussed this item on February 20, 2019, and the Air Quality Advisory Board (AQAB) discussed this item on February 25, 2019. Recommendation statements provided by the Boards are listed below. • The NRAB supports the modifications to the Air Pollution Nuisance Code including decriminalization, the 15 ft setback (or greater), but recommends an earlier curfew (e.g., consistent with the noise ordinance) during the summer to accommodate use of whole house fans. The NRAB also recommends consideration of shorter setbacks for lower smoke solid-fuel appliance options, such as smokeless fire pits. A ban on high pollution advisory days is also strongly recommended, especially during wildfire smoke events. The additional resources for education, outreach and enforcement are also supported. • The AQAB recommends Council adopt the proposed Air Pollution Nuisance Code changes, contingent on the adoption of resources to collect more data, as these changes may not be adequate to address the issue. Additional resources supported should include monitored particulate levels, assessment of impacts (health and nuisance), and number of people affected, with a goal of considering a stronger approach after a year review. Bans on high pollution advisory days are also recommended. One dissenting opinion was that just the decriminalization of the code adequately addresses the issue. PUBLIC OUTREACH Feedback from stakeholders and the broader community regarding impacts and perceptions related to neighborhood sources of wood smoke was gathered through the following outreach activities: • Presentations to Air Quality Advisory Board, Natural Resources Advisory Board and SuperBoard meetings • A scientifically valid survey, which included invitations to 3,000 households. 522 responses were received • Discussion at the Spring Community Issues Forum, facilitated by CSU’s Center for Public Deliberation, attended by 55 community members • Promotion of OurCity public engagement platform through Social media, Coloradoan interviews and the Nextdoor website • Emails directly to staff and Council • Individual phone calls and emails to discuss questions and concerns as necessary. In addition to broad community outreach, feedback from stakeholders was gathered through the following outreach activities: • Quarterly working group meetings, including staff from the Environmental Services Department, Community Development and Neighborhood Services and Poudre Fire Authority • Collaboration with CSU’s Political Science Department • Interview with UCHealth pulmonologist, Dr. Eric Stevens • Correspondence with the Health District of Larimer County • Correspondence with Larimer County Public Health and Environment staff ATTACHMENTS 1. Public Engagement Plan (PDF) 2. Work Session Summary Memos (PDF) 3. Powerpoint presentation (PDF) PUBLIC ENGAGEMENT SUMMARY 2/1/2018 PROJECT TITLE: OUTDOOR RESIDENTIAL WOOD BURNING OVERALL PUBLIC INVOLVEMENT LEVEL: Collaborate with key stakeholders to develop new program or policy recommendations based on community feedback. BOTTOM LINE QUESTION: What program or policy options does the community support to reduce air quality concerns and nuisance complaints related outdoor residential wood burning? KEY STAKEHOLDERS:  Residents who actively participate in residential wood burning activities  Residents living in close proximity to frequent or infrequent residential wood burning activity  Residents sensitive to air quality impacts (e.g., children, the elderly and people with respiratory issues)  Poudre Fire Authority (currently respond to safety concerns related to indoor and outdoor fires)  CDNS staff (currently provide neighborhood outreach regarding residential wood burning concerns)  Environmental Services staff (currently support air quality improvement initiatives)  Larimer County Health Department  Home builders (who install built‐in outdoor wood burning fireplaces)  Businesses that sell outdoor wood burning appliances and/or firewood  General public WORKING GROUP:  Lucinda Smith, Environmental Services, Director  Cassie Archuleta, Environmental Services, Air Quality Program Manager  Jenna Channel, Environmental Services, Associate Environmental Planner  Eric Keselburg, Neighborhood Services, Compliance Supervisor  Jonathan Nagel, Neighborhood Services, Environmental Compliance Inspector  Justin Moinester, Assistant Fire Marshal – Investigative Services TIMELINE: Phase 1: Data Collection and Research Timeframe: January – May 2018 Key Messages: What is the extent and frequency of the problem, and what type of program and policies options are available to address the problem? Tools and Techniques:  Assemble information and data related to current policies and programs, and complaint history.  Collaboration with CSU Political Science Department to assemble a suite of policies, programs and motivations from other communities.  Statistically valid survey to characterize behaviors and perceptions around wood burning. ATTACHMENT 1 PHASE 2: Public Engagement and Policy Deliberations Timeframe: April – August 2018 Key Messages: What program and policy options are supported by the impacted sensitive population, and the broader community? Tools and Techniques:  Working group meetings (quarterly)  Expert Panel (e.g., air quality, health, social science and policy experts); filmed for Cable 14  Community Issues Forum, in collaboration with CSU’s Center for Public Deliberation  Boards and Commissions meetings (Air Quality Advisory Board, Natural Resources Advisory Board, Larimer County Environmental and Science Advisory Board, and SuperBoard meeting)  “Our City” online electronic forum  Meetings conducted by “Neighborhood Connections” neighborhood facilitators  Website updates (www.fcgov.com/airquality/wood-smoke.php)  Social media (e.g., Facebook, Twitter, Nextdoor)  Utility bill mailer (City News)  Press releases PHASE 3: Develop Recommendations Timeframe: August – December 2018 Key Messages: What policies and programs are recommended for Council consideration? Tools and Techniques:  Working group meetings (quarterly)  Triple Bottom Line screening analysis  Boards and Commissions meetings (Air Quality Advisory Board, Natural Resources Advisory Board)  Council work session ATTACHMENT 2 1 Outdoor Residential Wood Burning 3-5-2019 ATTACHMENT 3 Staff Recommendations • Modifications to Air Pollution Nuisance Code to support implementation for outdoor residential wood burning • Additional environmental compliance resources to support implementation and enforcement 2 STRATEGIC ALIGNMENT Neighborhood Livability • 1.6 Quality of Life Environmental Health • 4.4 Air Quality BUDGET • ESD 2017-18 Ongoing Offer • 2018 revision: $20K Why We Are Here 3 COUNCIL PRIORITY Air Quality • Residential Wood Fires Project Goal 4 • Develop recommendations regarding options to better protect human health and reduce nuisance from outdoor wood smoke Project Goal Feb 2018 • Work Session #1 • Public Engagement Plan Mar – Sep 2018 • Public Engagement Oct 2018 • Work Session #2 • Type of regulatory option Jan 2019 • Work Session #3 • Proposed regulatory mechanism Mar 2019 • Regular Meeting • Consideration of code changes and resources Findings • Smoke and particle pollution • Nuisance and/or health concerns • Sensitive populations • Smoke can travel • Recreational amenity 5 Council Work Session Council Work Session Feedback • Modify current Air Pollution Nuisance Code to make it more enforceable for smoke impacts from woodburning fires Municipal Code Sec. 20-1: Air Pollution Nuisances Prohibited • Smoke, ashes, dust, etc.; which • Endanger the health, comfort, safety or welfare of the public; or • Interfere with the comfortable enjoyment of property 6 Proposed Updates Air Pollution Nuisance Code Limitations • Criminal offense • Requires proof of public nuisance Proposed Updates • Decriminalize • Add operational requirements • Midnight curfew • 15 foot property line setback 7 • Focus on egregious offenders • Limit first responder resources Implementation and Enforcement Goals Staff Resources 8 Environmental Compliance Education and Outreach • Information about potential health concerns • Resources for neighborhood conversations • How to file a complaint • Lower smoke burning strategies Implementation and Enforcement • Complaint logs • Warning letters • Site investigations • Citations • Additional 0.25 FTE •Supplement and leverage existing 0.75 FTE •$18K/year (ongoing) Air Quality Compliance Support Smoke Concern •Access resources •Talk to neighbor? •Reach a compromise? First Complaint •Outreach letter •Recommendations Additional Complaints •Notice of Violation •Incident investigation •Citation Complaint and Response Process 9 • Location known? • Timely response • Sufficient evidence Challenges Program Evaluation and Next Steps 10 2019 - Collect Data • Number of Complaints • Nature of Complaint • Short Term Rentals? • Property line distance • Voluntary compliance • Warnings, citations 2020 – Evaluation and Recommendations • Limitations for Short Term Rentals • Increase property line distance • High pollution advisory days • Permit program? Incentives 11 Outdoor and indoor wood burning • Remove/recycle wood burning appliance • Incentivize alternative? Timing • Consider for 2020 Budget Revision Offer 2019 Timeline 12 MAR APR MAY JUN JUL AUG SEP OCT NOV DEC COUNCIL ADOPTION OUTREACH CAMPAIGN DATA COLLECTION AND EFORCEMENT 2020 BUDGET REVISION OFFER (INCENTIVES) PROGRAM EVALUATION Also will include: Quarterly memo updates to Council Board Feedback 13 AQAB NRAB Code Changes Support Support Additional Resources Support Support Other considerations • Air Quality Advisory Day Ban • Particulate monitoring • Air Quality Advisory Day Ban • Greater setback • Earlier curfew Staff Recommendations • Modifications to Air Pollution Nuisance Code to support implementation for outdoor residential wood burning • Additional environmental compliance resources to support implementation and enforcement 14 -1- ORDINANCE NO. 042, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO NUISANCES WHEREAS, on December 1, 1987, the City Council adopted Ordinance No. 180, 1987, amending the City Code to include as a public nuisance certain types of air pollutants; and WHEREAS, since the adoption of those Code provisions, as scientific knowledge has grown and citizen concerns have changed, subsequent City Councils have amended the Code to regulate different types of public nuisances with regard to air pollution; and WHEREAS, in recent years, concerns have been reported to City Staff regarding nuisance impacts from wood fires in residential neighborhoods; and WHEREAS, in May 2017, Council identified backyard fire pits as a priority issue, prompting efforts to explore policy options to help mitigate potential smoke impacts on air quality and public health, as well as improve neighborhood livability; and WHEREAS, wood smoke is considered an air pollutant because it is made up of gases and particles, both of which can cause health concerns; and WHEREAS, on December 19, 2006, City Council adopted Ordinance No. 198, 2006, which decriminalized certain provisions of the Code, including several provisions of Chapter 20, related to public nuisances, and designated many offenses against property as civil infractions; and WHEREAS, on further review of Chapter 20, City staff believes violations of the air pollution nuisance Code should be civil rather than criminal in nature; and WHEREAS, City staff believes adding requirements to the air pollution nuisance provision of the Code would help mitigate nuisance effects of wood burning in neighborhoods; and WHEREAS, the Council finds and determines that the adoption of this Ordinance is in the best interest of the City and necessary for the public’s health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 20-1 of the Code of the City of Fort Collins is hereby amended as follows: -2- Sec. 20-1. Air pollution nuisances prohibited. … (e) No person shall cause or allow the burning of solid fuel outdoors between the hours of 12:00 a.m. and 7:00 a.m. (f) No person shall cause or allow the burning of solid fuel less than fifteen feet from any abutting property line. (g) The provisions of 20-1(e) and 20-1(f) shall not apply to any of the following: (1) Solid fuel-burning appliances specifically designed and used exclusively for outdoor noncommercial cooking of food for human consumption, such as barbecue grills and smokers; or (2) Fires, where written approval has been granted by the Fire Code Official. (h) Any person who violates any provision of Subsection 20-1 commits a civil infraction and is subject to the penalty provisions of Subsection 1-15(f). Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2019, and to be presented for final passage on the 19th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 043, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO INCREASE STAFFING FOR OUTDOOR RESIDENTIAL WOOD BURNING PROGRAM SUPPORT WHEREAS, on December 1, 1987, the City Council adopted Ordinance No. 180, 1987, amending the City Code to include as a public nuisance certain types of air pollutants; and WHEREAS, since the adoption of those Code provisions, as scientific knowledge has grown and citizen concerns have changed, subsequent City Councils have amended the Code to regulate different types of public nuisances with regard to air pollution; and WHEREAS, in recent years, concerns have been reported to City Staff regarding nuisance impacts from wood fires in residential neighborhoods; and WHEREAS, in May 2017, Council identified backyard fire pits as a priority issue, prompting efforts to explore policy options to help mitigate potential smoke impacts on air quality and public health, as well as improve neighborhood livability; and WHEREAS, wood smoke is considered an air pollutant because it is made up of gases and particles, both of which can cause health concerns; and WHEREAS, on December 19, 2006, City Council adopted Ordinance No. 198, 2006, which decriminalized certain provisions of the Code, including several provisions of Chapter 20, related to public nuisances, and designated many offenses against property as civil infractions; and WHEREAS, on further review of Chapter 20, City staff believes violations of the air pollution nuisance Code should be civil rather than criminal in nature; and WHEREAS, City staff believes adding requirements to the air pollution nuisance provision of the Code would help mitigate nuisance effects of wood burning in neighborhoods; and WHEREAS, enforcing these Code provisions will take additional staff time, as most of the wood burning does not happen during the general business hours of the City; and WHEREAS, this appropriation benefits the public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of mitigating air pollutant impacts to the citizens of Fort Collins; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and -2- WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of THIRTEEN THOUSAND FOUR HUNDRED NINE DOLLARS ($13,409) for expenditure in the General Fund for the Outdoor Residential Wood Burning Program. Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2019, and to be presented for final passage on the 19th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk