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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/14/2019 - OUTDOOR RESIDENTIAL WOOD BURNINGDATE: STAFF: May 14, 2019 Cassie Archuleta, Senior Environmental Planner Jeff Mihelich, Deputy City Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Outdoor Residential Wood Burning. EXECUTIVE SUMMARY The purpose of this item is to provide an update regarding public outreach, implementation and enforcement related to new rules adopted for outdoor residential wood burning. Staff will also seek direction regarding next steps for 24-hour complaint response options that include evenings and weekends. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council want to pursue one of these options for 24-hour enforcement? • Option #1: Leverage existing Non-Emergency responder resources. • Option #2: Develop a new Code Compliance program to support after-hours enforcement. BACKGROUND / DISCUSSION On March 19, 2019, Council unanimously adopted modifications to Air Pollution Nuisance Code (Section 20-1) intended to make the Code more enforceable for smoke impacts from residential wood fires. Addressing smoke impacts from wood fires in residential neighborhoods was identified as a Council priority at the May 2017 Council retreat, and budget revision funds were allocated for staff to conduct policy research and facilitate public engagement and deliberation efforts in 2018. Some key findings included: • Wood smoke contributes to particle pollution and breathing wood smoke can be a nuisance and a health concern. At special risk are sensitive populations such as people with heart and lung disease, children and older adults. • Smoke from wood fires may travel from one property to another and potentially impact indoor air environments. • The ability to have an outdoor wood fire at home for recreational or aesthetic purposes is a desirable amenity for some. Code modifications and updates included decriminalization of the Air Pollution Nuisance Code, a 10 pm curfew for wood burning, and a 15-foot property line setback for wood burning fire pits and fireplaces. These new restrictions do not apply to gas-fueled fires, BBQs or smokers. These changes were intended as a compromise solution that did not ban residential wood fires, but better addressed fires that negatively impact neighbors. Regulations and Requirements Residential wood burning is regulated under Fire Code and Municipal Code with different requirements, including: • International Fire Code, as adopted by the City of Fort Collins: o Open burning, or fires larger than 3 feet wide by 2 feet high, require a permit o Outdoor fire pits and fireplaces at multi-family dwellings must be gas- or liquid- fueled o Outdoor solid-burning fire pits must: May 14, 2019 Page 2 ▪ Use approved solid-fuel (e.g., clean, dry wood) ▪ Be located at least 15 feet from combustible material (e.g., wood decks and fences) ▪ Be continuously attended until the fire is extinguished • Buildings and Building Regulation Code, Section 5-110 o Solid-fuel burning appliances (indoor and outdoor) require a permit for installation, portable fire pits or fireplaces do not • NEW: Requirements in City Code, Section 20-1 (as adopted March 19, 2019): o Outdoor solid-fuel burning must be conducted at least 15 feet from an adjacent property line o Outdoor solid-fuel burning fires must be extinguished by 10pm Implementation In addition to the Code changes, Council allocated new resources for the City’s Environmental Services Department (10 hrs/week staff time) to provide outreach, and support compliance with outdoor wood burning regulations. Enforcement is planned to be complaint based, with the following progressive elements of general education through potential enforcement action: 1. Increase outreach, including: • Fire Safety and Nuisance printed materials, developed in collaboration with Poudre Fire Authority (PFA) • An Air Quality Index (AQI) awareness campaign, which will include awareness of Air Quality Alert days, and recommendations for pollution prevention actions such as avoiding wood burning fires 2. Provide materials to better prompt and facilitate neighbor-to-neighbor interactions, including: • Development of tools and facilitation of events to assist with neighborhood conversations about wood burning and impacts • Promotion of existing, free, neighborhood mediation resources (www.fcgov.com/neighborhoodservices/mediation) 3. Promote awareness of preferred avenues to submit a complaint and prompt a response, including: • Submitting a nuisance complaint online through Access Fort Collins, or by dialing the Nuisance Hotline at 970-416-2200. o An updated Access Fort Collins complaint system is being developed to support collection of details, including the address, type of concern, and any other relevant information. o For more immediate health or safety concerns, complainants would be encouraged to call the PFA Non-Emergency line at 970-221-6540 while the incident is taking place 4. First Complaint - Educational Letters • When an initial nuisance complaint is received by City staff, an educational letter will be mailed to the property 5. Additional Complaints • Collection of Evidence o If an additional complaint is received for another instance of the same code violation, staff will collect and review evidence and determine if a violation could be sustained. Evidence could consist of: ▪ Admission by responsible party, witness testimony/evidence, and City staff observation ▪ Complainant provided photo or log of sight, sounds, duration and odors (staff is developing guidance for this type of data collection) ▪ Site visits and staff observation, which would either be passive (observations from the public right of way), or with permission from source property owner/s. • Notice of Violation o A first substantiated offense would consist of a Notice of Violation (NOV) with an opportunity to correct o Additional offenses may lead to citations and associated penalties May 14, 2019 Page 3 24-hour Code Compliance Response Because these types of fires generally occur during evening and weekend hours, Council expressed interest in exploring an option for dedicated after-hours Code Compliance response, avoiding use of PFA or Police resources. Current resources do not include after-hours Code Compliance staff support but do leverage the 24- hour Non-Emergency PFA and Police response line (970-221-6540). Some considerations for response options are listed below: Option #1: Leverage existing Non-Emergency responder resources (RECOMMENDED) Since adoption of the new Code requirements, staff has worked with PFA to further develop an active fire response plan that leverages existing 24-hour Non-Emergency response resources and adds no additional cost. In this scenario, for smoke concerns from an active fire at any time of day (including evenings and weekends): • Existing Non-Emergency response will be promoted as the preferred complaint intake for an active fire (24- hour response). • City staff will route these to PFA if a call is received during an active fire. • PFA would investigate potential health and safety concerns on-site, and route nuisance concerns to Code Compliance staff. Advantages • No added direct cost because both PFA and Police already have personnel on duty. • Would leverage existing Non-Emergency response line, which already receives most of the smoke complaint calls. • Information collected on-site by PFA (and any information collected from the complainant) could be used to issue a nuisance citation, which are typically mailed. Concerns • Increased outreach may result in larger volume of complaints. Over first season of implementation, staff would assess increase in calls, and potential impact on response resources. • A fire official could not issue Municipal Code violations, but could address Fire Code, provide outreach regarding nuisance concerns, and provide information to Code Compliance personnel to support a potential citation. Option #2: Develop a new Code Compliance program to support after-hours enforcement Council requested further discussion regarding an after-hours Code Compliance response, especially for egregious smoke concerns that might occur during evenings and on weekends. Since adoption, staff has further discussed options for after-hours response with the PFA and does not recommend development of a new after- hours Code Compliance program. Instead, staff recommends that PFA (preferably through the Non-Emergency response line) continue to respond to requests related to smoke from an active fire, at any time of day (Option #1). If Council would like staff to develop a proposal for after-hours Code Compliance enforcement response, staff has explored what implementation might look like: • Code compliance staff would be made available on-call to provide outreach, and potentially visit sites during active fires to investigate complaints. • Would include compensating existing staff on a rotating on-call basis, or hiring of additional staff specific to this role. May 14, 2019 Page 4 • Based on existing safety protocols, site visits would require co-response after dark with either Police Services or a private security company. • Costs would include on-call pay for Code Compliance staff, and compensation for a co-response from a security company (estimated at ~$70K/year). Advantages • For immediate response to an active fire, this would enable observation by Code Compliance officer on site. Alternately, after-hours evidence could be collected by Non-Emergency responders or complainants. Concerns • Smoke concern calls would likely still come through the Non-Emergency number, even if an alternate after- hours Code Compliance response line is advertised. • Would be a new type of role for Code Compliance staff and would require modifications to the current scope of responsibilities. • Currently, only one Code Compliance staff person lives within City limits, creating a response time of at least 30 minutes. NEXT STEPS Staff is seeking direction regarding next steps for the following 24-hour response options: • Option #1: Leverage existing Non-Emergency responder resources for after-hours on-site response. Following the first season of pilot implementation, staff would return to Council with a better understanding of the scope of complaints, and recommendations to consider for future phases, potentially including consideration of dedicated on-call resources. The focus of the first pilot season would be on education and outreach. • Option #2: Alternatively, to implement an after-hours Code Compliance response, additional resources would be required. Staff could return to Council with a proposal and final costs in June 2019, and potentially implement by July or August, which would already be late in the summertime backyard fire season. ATTACHMENTS 1. Powerpoint presentation (PDF) 1 Outdoor Residential Wood Burning 5-14-2019 ATTACHMENT 1 Council Discussion Does Council want to pursue one of these options for 24-hour enforcement? • Option #1: Leverage existing Non-Emergency responder resources • Option #2: Develop a new Code Compliance program to support after-hours enforcement. 2 STRATEGIC ALIGNMENT Neighborhood Livability • 1.6 Quality of Life Environmental Health • 4.4 Air Quality BUDGET • ESD 2019-20 Ongoing Offer • 2019 allocation: $13K Context 3 COUNCIL ADOPTION Air Pollution Nuisance Code Updates • Backyard fire pits - setback & curfew Council Request 4 • 15’ property line setbacks and 10pm curfew for wood burning • Request to return for Work Session discussion regarding 24-hour Code Compliance Air Pollution Nuisance Code Updates Feb 2018 • Named Council Priority Mar – Sep 2018 • Public Engagement Oct 2018 – Jan 2019 • Work Session Discussions March 2019 • Council Adoption May 2019 • Work Session • 24-hour compliance discussion Smoke is a Health Concern 5 • Particle Pollution • Nuisance and/or health concerns • Smoke can travel • Sensitive Populations Competing Tensions 6 Public Engagement Themes -Smoke in home/can’t open windows/use of A/C -Respiratory/health/ odor concerns -Illegal burning -Important recreational/social activity -Not used enough to cause concern/too few complaints -Personal choice/property right Unanimously Adopted – March 19, 2019 • Ordinance No. 042, 2019 • Amendments to Chapter 20 pertaining to Air Pollution Nuisances • Decriminalize • 15-foot property line setback • 10pm curfew • Ordinance No. 043, 2019 • Compliance support (Environmental Services) 7 Ordinances Implementation • Education and Outreach • Website updates • Fire safety and code compliance outreach materials • Air Quality Index (AQI) awareness campaign • Neighbor-to-neighbor interaction support • Neighborhood/campus outreach events/materials • Enforcement • Complaint intake • Implementation and Enforcement Plan • Outreach letters 8 Complaint Response Process 9 Negotiation Tools File a Complaint Non-Emergency Response Outreach Letter Warning Citation Smoke Concern ? Complaints Received 10 Requirement # (through 4/30/19) Fire Code Only clean dry wood 1 Fire size 15’ setback from combustibles 2 Unattended Nuisance Code 15’ Setback from property line 1 10pm curfew 2 Public nuisance impacts prohibited ? General smoke complaint – anonymous 5 2019 Option #1 (Recommended) 11 Opportunities • 24-Hour Response • No additional resources • Fire Code addressed on- site Concerns • Use of PFA/Police Resources • Nuisance citation issued during business hours Other Considerations • Evaluate after first season Option #1: Leverage existing Non-Emergency resources Option #2 12 Opportunities • 24-Hour Code Compliance Response • Avoid use of police/fire Non- Emergency resources • Nuisance citation issued on-site Concerns • New type of program • PFA still required for Fire Code • Requires co- responder after dark • Resources required (~$70k/year) Key Implementation Questions • Rotate current Code Compliance staff on-call? • Hire new dedicated staff? • Contract with security agency? Option #2: New 24-Hour Code Compliance Program 24-Hour Enforcement Council Discussion Does Council want to pursue one of these options for 24-hour enforcement? • Option #1: Leverage existing Non-Emergency responder resources • Option #2: Develop a new Code Compliance program to support after-hours enforcement. 13