HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/22/2019 - OUTDOOR RESIDENTIAL WOOD BURNINGDATE:
STAFF:
January 22, 2019
Cassie Archuleta, Senior Environmental Planner
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Outdoor Residential Wood Burning.
EXECUTIVE SUMMARY
The purpose of this item is to discuss a regulatory option to support a goal of allowing wood burning fires in
residential areas that do not negatively impact neighbors. Periodically, the City and Poudre Fire Authority (PFA)
are contacted regarding nuisance, health and safety concerns from wood smoke in residential areas. This item
was identified as a Council priority May 2017, and staff received direction October 2018 to develop a regulatory
option that did not ban residential wood fires, but still addressed fires that negatively impact neighbors. Additional
direction will be sought regarding adoption of a permit system that allows outdoor residential wood burning with a
permit, where permit conditions are designed to mitigate potential smoke impacts on neighbors.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council want to proceed with consideration to:
• Allow outdoor residential wood burning fires with a permit?
• Provide resources to support implementation and enforcement?
BACKGROUND / DISCUSSION
While many consider the ability to have a wood fire at home an important recreational and social activity, smoke
and particles from a wood burning fire can impact the health or well-being of a neighbor who is outdoors, has a
window open, or has a poor ventilation system in their home. At the May 2017 Council retreat, outdoor burning
was identified as a Council priority and a 2018 budget revision offer was approved by Council to support
additional work.
Staff received direction at a February 2018 Work Session to facilitate a public engagement effort with the
following objective:
• Develop recommendations regarding options to better protect human health and reduce nuisance from
outdoor wood smoke
During the Summer and Fall of 2018, staff conducted research, and facilitated a public engagement effort, and
presented results of public engagement at an October 2018 Work Session. Some key findings included:
• Wood smoke contributes to particle pollution and breathing wood smoke can be a nuisance or 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
January 22, 2019 Page 2
At the October Work Session, Council provided further direction to focus efforts on a regulatory option that only
addresses fires that negatively impact neighbors.
Strategic Alignment
This work is aligned with City plans, principles and objectives, including:
• 2011 City Plan
o Principle ENV 8: Continually improve Fort Collins’ air quality
• 2015-16 Strategic Plan
o Neighborhood Livability and Social Health, Objective 1.6, Protect and preserve the quality of life in
neighborhoods
o Environmental Health, Objective 4.4, Implement indoor and outdoor air quality improvement initiatives
Current Regulations
Currently, International Fire Code, as adopted by the City of Fort Collins, requires that:
• Open burning, or fires with a fuel size greater than 3 feet wide by 2 feet high, require a permit obtained from
the fire code official
• Outdoor fireplaces, with the exception of 1- and 2- family dwelling, must be gas- or liquid- fueled
• Outdoor fireplaces at 1- and 2- family dwellings may use approved solid-fuel (e.g., clean, dry wood) provided
that:
o The fuel size (e.g., wood pile) is less than 3 feet wide by 2 feet high
o The fire is located at least 15 feet from combustible material (e.g., wood decks and fences)
o The fire is continuously attended until the fire is extinguished
o A fire extinguisher or other fire extinguishing equipment (e.g., a hose) is available for immediate utilization
Additionally, City Code section 20-1 prohibits smoke that endangers the health, safety, and comfort of the public.
Limitation of using this code for impacts from small residential wood fires include:
• Enforcement would require demonstrated proof of impact to the public
• A violation of this code would be considered a criminal offense, and a citation would require testimony and
evidence of nuisance impacts from the affected party
Proposed New Requirements
At the October 23, 2018 Work Session, Council directed staff to develop a regulatory option that addresses
negative impacts from fires, without fully prohibiting residential wood fires. Fundamentally, this creates
complexities in how to implement and enforce a policy that allowed some fires, but not others. Through policy
research and stakeholder discussions, a permit system was identified as a preferred mechanism that could
support middle-ground regulations that were short of a full ban.
For a permit system to work, fires themselves must first be disallowed unless permission (i.e., a permit) is
granted. Permit systems for open burning (fires larger than 3’x2’) are already administered at the County level
(per State requirements), and approved by the PFA. Other jurisdictions in Colorado (e.g., Steamboat Springs),
and many others in the US, additionally implement permit systems for smaller, residential wood burning fires
(Attachment 1).
Phased implementation would be proposed for a permit system, which would be dependent on allocation of
resources for implementation and enforcement. Initial proposed conditions would include:
• Require a permit be obtained for use of outdoor solid-fuel burning fireplaces at 1- and 2- family dwellings
• Provide proactive, targeted outreach regarding safety requirements and considerate burning practices
• Require that the permit is renewed annually
January 22, 2019 Page 3
• Establish authority to require that fire is extinguished, or a permit suspended or revoked, if negative impacts
are reported
• Establish authority to access and inspect an outdoor fireplace
• Exempt fires used exclusively for cooking food for human consumption
A permit system would have the ability to evolve, as the program is implemented and evaluated over time.
Considerations that could be evaluated for potential future implementation might include:
• A permit application fee (initially proposed to have no fee)
• Fireplace inspections required for permit approvals
• Prohibitions of fires on high particle pollution advisory days
• Tolerance limits, such as a limit on the number of fires, number of days or specific times of day (i.e., a curfew)
• Limit in certain locations based on proximity/density
• Increased active fire response (e.g., non-emergency compliance resources available after hours and
weekends)
Determination of Impacts
An important consideration of a regulatory system to mitigate negative smoke impacts is the characterization of a
negative impact. Survey results (as reported previously) indicated that respondents would support policies that
require a fire is extinguished when a concern is expressed by multiple neighbors (77%), but there was less
support if only one person expressed concern (35%).
During Council discussion, concerns were expressed about the concept of multiple complaints, as this could
potentially discount impacts to a single, potentially sensitive, individual. A potential enforcement mechanism
would be authorization for enforcement officials to make a determination of impacts, supported by policy guidance
(to be developed, based on factors used for “unreasonable noise”). Discretion could include, but need not be
limited to, consideration of factors such as:
• The time of day
• Location and proximately of burning to negatively impacted property or person
• Whether the burning has a purpose other than aesthetic
• Weather conditions
• Any other factors tending to show the magnitude, duration and/or disruptive effect of the smoke
Per permit conditions, complaints from neighbors regarding negative impacts may be cause to:
• Order extinguishment of the fire if the fire is active
• Revoke or suspend a permit
• Issue a citation for a use of a solid-fuel burning fireplace without a permit
Implementation Timeline and Initial Resource Needs
For the first phase of implementation (2019), anticipated resource needs would include:
• Development of an online, self-certified permitting system
o Additional Resources: Staff is currently exploring leveraging existing permitting systems, such as the
Special Events permitting system available at (<https://specialevents.fcgov.com/login/>)
o Cost: Estimated $5,000 for software and consultant fees (one-time)
• Administration, implementation and enforcement of the new permitting system
o Additional Resources: Staff time, estimated at 0.25 FTE (average of 10 hrs/week), which would support:
▪ Development and maintenance of new outreach materials
▪ Permit system administration
January 22, 2019 Page 4
▪ Complaint based permit investigation and response (in-office)
▪ Coordination of limited field-based environmental compliance response, as needed for escalated
complaints
o Cost: Estimated $18K/year to convert an existing classified 0.75 FTE environmental services
compliance support position to 1.0 FTE (additional 0.25 FTE, ongoing)
A proposed timeline to develop and implement a new permitting and enforcement process is summarized below:
2018
• February; Additional Outreach
o Additional outreach regarding proposed permit process, to include Boards, OurCity e-forum,
NextDoor
• March; Adoption of new requirements and resources
o Council consideration of code updates, and additional resource allocations
• April - May; Process development and outreach
o Development of permit system and outreach to promote awareness of new requirements
• June - December; Year 1 Implementation
o Implementation of complaint-based enforcement of permit conditions
2019
• January - March; Evaluation of Year 1
o Evaluation of first year of implementation, including:
▪ Number of complaints
▪ Nature of complaints (e.g., health, nuisance, safety)
▪ Ability to address complaints with voluntary compliance
▪ Permit suspensions or revocations, code violations and any enforcement action
▪ Resources allocated
• April - May; Consideration of impacts
o Provide a written review to Council summarizing effectiveness of first year of implementation
• June - December; Year 2 Implementation
o Ongoing implementation, including program/process updates if necessary
Community and Stakeholder Engagement
A public engagement plan was implemented in the Summer and Fall of 2018, and a summary was presented at
the October 23 Council Work Session. Additional outreach conducted since the October Work Session included:
• Continued working group meetings, including staff from the Environmental Services Department, Community
Development and Neighborhood Services and Poudre Fire Authority
• Correspondence with the Larimer County Health District (Attachment 2)
o The Health District provided an assessment of the issue, but did not take an official position
• Correspondence with Larimer County Public Health and the Environment (Attachment 3)
o A representative from the Department of Health indicated that the Department had no opinion on what the
City should adopt, and clarified that the County would not have an enforcement role
• Presentation to the Air Quality Advisory Board (Attachment 4)
• A Triple Bottom Line Scan (TBL-S), conducted by an internal inter-Department Sustainability Leadership
Class, which consisted of discussion of questions related to environmental, economic and social impacts
(Attachment 5)
Proposed Next Steps
Staff is seeking direction regarding potential implementation of a new regulatory program which establishes a
permitting requirement, and mitigation of nuisance impacts, for outdoor residential wood fires. Depending on
direction, staff will proceed to develop code update recommendations. A Council regular meeting would be
January 22, 2019 Page 5
necessary to consider adoption of code changes, and allocation of resources for implementation and
enforcement.
ATTACHMENTS
1. Permit Examples (PDF)
2. Health District Opinion (PDF)
3. Larimer County Health Director Email (PDF)
4. Air Quality Advisory Board Minutes December 17, 2018 (PDF)
5. Triple Bottom Line Scan Summary (PDF)
6. PowerPoint Presentation (PDF)
Example Permit Conditions for Residential Fires
City, State Fee Valid Curfew Notes from permit conditions
Elizabeth,
CO
$0 60 days Permittee shall extinguish the burn immediately if any of the
following situations occur: Neighbors complain regarding the smell
of smoke travel off the permitee property, winds begin to be too
strong or gusty, permitee can no longer monitor the burn, permitee
is instructed to do so by EFPD personnel
Steamboat
Springs, CO
$25 6mo 12am The authorities are authorized to require that any open burn or
recreational fire be immediately discontinued if they determine that
the smoke emissions are offensive to occupants of surrounding
property or if the open burn or recreational fire is determined to
constitute a hazardous condition.
Pagosa, CO $10 annual The District is authorized to require the immediate extinguishment
by the permit holder or other person responsible for open burning if
the District determines that open burning constitutes or adds to a
hazardous or dangerous condition or is offensive or objectionable.
Larkspur, CO $0 per
burn
Permits may be revoked and future permit privileges suspended if
the permit holder violates any conditions.
Fenwick/Old
Saybrook,
CT
$0 annual If a backyard campfire is bothering a neighbor, the neighbor has the
right to contact local authorities to request the campfire to be
extinguished.
Olathe, KS $25/day 3 day All complaints (smoke, odor emissions, falling ash, etc.) regarding
burning will be investigated by the Olathe Fire Department (OFD).
The OFD may order the burning be extinguished, if necessary.
South
Portland,
ME
annual
Upon a written complaint of the fire and/or smoke from the fire, the
Fire Department shall request the extinguishment of the fire by the
permit holder. The fire shall be immediately extinguished.
Grand
Rapids, MI
$50 annual 10pm Check with your neighbors within 100 feet first. If they object, we
have to deny your application.
Burnsville,
MN
per
burn
11pm The Fire Marshal is authorized to require that the burning be
discontinued if it is determined that he smoke emissions are
offensive to occupants of surrounding property.
Edina, MN
annual 10pm Notify your neighbors about your recreational fire. Fires may be
ordered extinguished and this permit revoked by the fire department
if: Any recreational fire requirement is violated, A fire hazard exists
or develops, we receive valid complaints from your neighbors
regarding the fire, smoke or other violations
Grand
Chute, MN
$0 annual 1am All fires shall not create smoke that causes a public nuisance,
1/10/2019
STAFF: BRUCE COOPER, MEDICAL DIRECTOR ISSUE: OUTDOOR RESIDENTIAL WOOD BURNING
The Health District of Northern Larimer County has conducted an overview as it pertains to outdoor residential
wood burning. Although the area of environmental health is not one of the Health District’s areas of expertise,
staff have organized a brief synopsis of prevalent research on the issue of wood smoke in regards to health as
a resource in this discussion.
Some may believe that because it is a natural substance, that wood smoke from fireplaces, wood stoves, or
backyard burning is not harmful. However, wood smoke contains thousands of chemicals, many of which have
documented adverse health effects. It has been established that the small particulate matter and noxious
gases contained in wood smoke may have serious health effects when inhaled. Epidemiological studies have
found that acute exposure to the components of residential wood smoke is linked to not just an increase in
respiratory symptoms, but also to decreases in lung function and exacerbations of respiratory illnesses such as
asthma and chronic obstructive pulmonary disease (COPD). Controlled studies of acute wood smoke exposure
in healthy volunteers have found increases in markers of systemic inflammation and blood coagulation as well
as the stiffening of arteries and reductions in heart rate variability. These physiological changes aid in
explaining how wood smoke exposure could increase the risk of heart attacks or strokes in susceptible
individuals.
Certain populations have been demonstrated to be particularly vulnerable to the respiratory effects of wood
smoke —people with heart or lung disease, older adults, children, and infants. According to the Health
District’s 2016 Community Health Survey, 16% of adults living in Fort Collins had been diagnosed with asthma
and 10% reported currently having it. Respiratory events can lead to increased visits to emergency
departments and hospital admissions.
At current rates of backyard recreational wood burning in the summer it is unlikely that regional ambient air
pollution levels would be affected, but levels at the neighborhood or household level could be much higher
under certain conditions. Studies have shown that outdoor wood smoke particles can infiltrate into
neighboring residences, even with the windows closed, although air‐conditioning may mitigate this effect to
some degree. We were unable to find peer‐reviewed studies measuring wood smoke exposure or its health
effects from backyard recreational burning. There are many variables in these situations including wind, size
of the fire, distance from neighbors, and other factors that could affect exposure. It appears that there may be
circumstances where significant wood smoke exposures may occur and individuals with conditions like asthma
or cardiac disease, both common, could be impacted.
ATTACHMENT 2
1
Cassie Archuleta
From: Averil G Strand <strandaa@co.larimer.co.us>
Sent: Wednesday, November 28, 2018 2:30 PM
To: Cassie Archuleta
Subject: Re: Connecting regarding outdoor recreational wood fires
Yes. Thanks for your die diligence
Sent from my iPhone
On Nov 28, 2018, at 1:05 PM, Cassie Archuleta <carchuleta@fcgov.com> wrote:
Hi Avie‐
Sorry for the slow response, but thanks for this!
I will represent to Fort Collins City Council that:
We reached out to the Larimer County Department of Health
You reviewed some of our materials
The Department believes we have done a good analysis of existing regulation
The Department has no opinion on what the City should adopt, and would not have a role in
enforcement
Would that be an accurate summary from your perspective?
Appreciate your time on this!
Cassie
. . . . . . . . . . . . . . .
CASSIE ARCHULETA
Environmental Program Manager – Air Quality
City of Fort Collins
970-416-2648 office
From: Avie Strand <strandaa@co.larimer.co.us>
Sent: Tuesday, November 20, 2018 3:44 PM
To: Cassie Archuleta <carchuleta@fcgov.com>
Subject: Fwd: Connecting regarding outdoor recreational wood fires
‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐
From: Avie Strand <strandaa@co.larimer.co.us>
Date: Mon, Nov 19, 2018 at 10:28 AM
Subject: Re: Connecting regarding outdoor recreational wood fires
To: <carchuleta@fcgov.com>
Cc: Myrna Hansen <hansenml@co.larimer.co.us>, Lea Schneider <schneils@co.larimer.co.us>, Thomas
Butts <TButts@larimer.org>
ATTACHMENT 3
2
You have done a good analysis of existing regulation ‐ so it seems like you are close to a policy decision
at this point if you want to join Denver and Boulder with a ban or if you prefer one of the other
alternatives.
Word burning in the 7 county metro area is regulated from a health/air quality perspective as described
on this web page with exception as listed
https://www.colorado.gov/pacific/cdphe/indoor‐burning‐restrictions
Most fire limiting regulations are based on fireplaces/ fireplace inserts in areas like the 7 county metro
and Aspen areas.
A number of other cities ‐ Fire districts regulate these as well (from a fire safety perspective NOT a
health or nuisance perspective)
Colorado Springs, https://coloradosprings.gov/fire‐department/page/outdoor‐burning‐guidelines
West Metro Fire, https://www.westmetrofire.org/968/BBQ‐Fire‐Pit‐Regulations
One local retailer provided the following info
https://patio.christysports.com/backyard‐fire‐pit‐laws‐colorado
Since Air Quality can affect those with Asthma, we looked at Asthma information and found that in Fort
Collins 9.6% of the population has ever been told by a medical professional that they have asthma AND
currently report asthma.
Larimer County Department of Health and Environment would not be involved in enforcement of any
Fort Collins regulation relating to backyard burning.
On Fri, Nov 16, 2018 at 9:13 AM Cassie Archuleta <carchuleta@fcgov.com> wrote:
Hi Avril‐
We have not met yet, but I’m pleased Beth ran into you last night and helped with introductions!
As she may have mentioned, I am working on a policy project looking at outdoor residential burning, at
the direction of City Council. This is related to neighborhood smoke concerns from outdoor wood
fires. They have asked us to be more engaged with Larimer County Public Health – and would
specifically be interested in the County’s opinions (if any) on our direction.
Attached is a summary of a Council Work Session we had in October, and the follow‐up memo with the
direction we received. They have asked us to propose a regulatory option to require that a wood
burning fire is extinguished if it is bothering a neighbor. This was considered as an alternative to a full
ban (which is how Denver and Boulder approach this issue).
3
I did meet with Myrna last week to discuss, and also sent an email to Shelley De Volo to see if this topic
may be of interest to the Environment and Science Advisory Board.
Do you have any other suggestions on how best to engage the County?
Thanks!
Cassie
. . . . . . . . . . . . . . .
CASSIE ARCHULETA
Environmental Program Manager – Air Quality
City of Fort Collins
970-416-2648 office
970-407-1203 mobile
carchuleta@fcgov.com
www.fcgov.com/airquality
‐‐
Averil Strand, RN, MSN
Community Health Services Director
Larimer County Department of Health and Environment
1525 Blue Spruce
Fort Collins, CO
80524
(970) 498‐6760
‐‐
Averil Strand, RN, MSN
Community Health Services Director
Larimer County Department of Health and Environment
1525 Blue Spruce
4
Fort Collins, CO
80524
(970) 498‐6760
AIR QUALITY ADVISORY BOARD
TYPE OF MEETING – REGULAR
12/17/2018 – MINUTES Page 7
b. Outdoor Wood Burning Update
Cassie Archuleta, Air Quality Program Manager, provided an update regarding recent
Council direction on outdoor burning, and proposed regulatory options that will be
presented to Council at a January 22, 2019 Work Session.
Background and Community Engagement Outcomes
Project Goal: To develop recommendations regarding options to better protect
human health and reduce nuisance from outdoor wood smoke.
Additional Identified Opportunities: To increase safety awareness, health impact
awareness and cognizance of regional environmental issues.
Over the past summer, City staff focused on public engagement related to outdoor
wood burning. Over the course of this engagement, it became clear that the
community is polarized on the issue. Cassie reviewed the available regulatory
options and stated that, per Council direction, which is aligned with the AQAB
recommendation, staff is developing a recommendation for the middle ground
option.
The objective of the middle ground approach is to prohibit recreational wood fires
that negatively impact neighbors while encouraging neighborhood dialogue,
promoting awareness of safety regulations and potential nuisance concerns, and
avoiding the use of first-responder resources.
Potential Code Updates: Prohibiting and Permitting
City staff is considering the proposal of two potential code changes to Council. The
first would be to define and prohibit unreasonable smoke and the second would be
to require a permit for outdoor burning. Cassie would like Board feedback on each
of these.
Defining and prohibiting unreasonable smoke could be accomplished with a simple
update to the current code. The definition of prohibition of “unreasonable noise”
could be used as a model for a new code defining nuisance related to outdoor
burning. On its own, the code would only be applicable when a fire is active.
In addition to this, the City could prohibit recreational wood fires without a permit.
This would likely by similar to the permit requirements for solid-fuel burning
appliances and open burning.
Staff will present the potential code updates, new system implementations and resource
expenditures to Council on January 22, 2019. Cassie enquired if the AQAB supports the
presented code updates.
ATTACHMENT 4
AIR QUALITY ADVISORY BOARD
TYPE OF MEETING – REGULAR
12/17/2018 – MINUTES Page 8
Discussion
Karen asked about restrictions on wood-burning in permanent structures and what
distinguishes them.
Cassie stated that the EPA does not certify permanent outdoor burning structures,
but City Code requires that new (permanent) indoor burning devices be EPA-
certified. This leaves questions about how to enforce this issue of existing
permanent outdoor burning structures.
Mark asked how this new system would be better than the existing.
Cassie replied that one important benefit to the new system would be the
permitting process, which would allow for more education opportunities. For
example, if a complaint is made, the City can check to see if the person burning
has a permit. If not, they could follow up with that person to let them know that a
permit is required. If a complaint is made against someone with a permit, there
could be a potential to revoke the permit, negotiate with the citizen, or remind them
of the code.
Karen asked if permits would be seasonal and if a violation would be a criminal
offense.
Cassie responded that the recommendation is that permits are renewed annually.
Air quality staff are currently looking into the permitting process in other
communities.
Greg asked why the City would not charge to obtain a permit.
Cassie responded that keeping the permit free may make its implementation more
palatable to start. If the services associated with it require more resources in the
future, then the potential for a fee may be evaluated.
Vara stated that the code implies that all residents have at least 15 feet between
property lines, which is not the case for everyone in the City. This causes an equity
issue; those who can afford larger yards will have the right to burn in their yards,
while those who cannot lose the right.
Cassie replied that the 15-foot rule is part of the current fire code. The rule exists
as a precaution as it states that the fire must be 15 feet from combustible
materials. That having been said, it could be considered an equity issue as those
with smaller yards may not have the option to burn.
Chris asked if cooking fires would require a permit
Cassie responded that the purpose of the fire will be considered and that cooking
fires will be exempt.
AIR QUALITY ADVISORY BOARD
TYPE OF MEETING – REGULAR
12/17/2018 – MINUTES Page 9
Arsineh stated that it may be useful if the permitting/education process allows for a
log of activities to see history of infractions.
Karen believes that the proposed process is reasonable, but urged staff to clarify
any EPA requirements for permanent outdoor burning structures.
Cassie responded that that the City will not seek out infractions, but rather, a
complaint will have to be made by a citizen to initiate the process.
Vara noted that the proposed process relies on initiation of a complaint. She asked
how the City will ensure that its citizens are aware that they have the right to
complain. She’s concerned that messaging about how and where to log a complaint
may not reach underserved citizens and believes that a full ban would protect them
better.
Cassie noted that educating the public would be a priority, and staff would do their
best to reach out to underserved, and translations would be offered.
Arsineh enquired about the website that the City is setting up for permits. She asked
if it would also include a place to log complaints.
Cassie stated that this would depend on the resources allocated to set the website
up. The first priority will be to get the permitting system in place so that citizens
can maintain compliance with code. Currently, complaints can be called in, but in
the future an automated intake system may be developed so that people can input
complaints on their own and responses can be prioritized.
Mark asked how City staff will judge the success of the proposed process.
Cassie stated that staff would follow up after a year of implementation by providing
the Board and Council with a report summarizing effectiveness, similar to the
process to implement the fugitive dust requirements.
Mark noted that the option to complain may bring up grievances that would not have
existed otherwise.
Arsineh noted that people can have fires and not be bothersome and emphasized
the importance of clarifying the intent of this process to lessen potential reaction
from those with existing fire pits.
Chris noted that administration burden of a permit system would serve as a
disincentive, which may help with the issue.
In Summary:
There was general support, as the proposed permit system was aligned with the
Board’s previous recommendation.
Outdoor Residential Fires – Wood Burning Permit Program
New regulatory program where residential wood fires require permits, and permit conditions prohibit
negative smoke impacts.
Positive
Impacts to outdoor and
indoor air quality
Opportunities for education
and support of environmental
stewardship principles
Negative
New staff requirements for
environmental tracking and
reporting
Tensions
N/A
Positive
Entrepreneurship and
innovation could benefit from
development lower smoke
fireplace options (e.g., CSU
energy lab)
Negative
N/A
Tensions
Business impacts for sale of
gas-burning appliances
(positive) vs. sale of wood
and wood burning
appliances (negative)
Health impact savings
(positive) vs. cost of
permitting (negative)
Community brand of
environmental/human health
(positive) vs. over-regulation
(negative)
Positive
• Access to healthy indoor air
environments
• Increase sense of belonging
for sensitive populations (e.g.,
sessions and those with
health concerns)
Negative
Permitting adds a new
process, which may not be
accessible to all
Tensions
Potential for poor neighbor-to-
neighbor interactions
(negative) vs. potential
promotion of more positive
interactions (positive)
In promoting a welcome and
diverse community, tensions
between those who value
wood fires (negative), vs.
those that feel impacted
(positive)
Tradeoffs
Results from the Scan highlight that impacts from allowing residential outdoor fires with a permit are
mostly positive or neutral. For many of the questions across the three areas, a permitting program will
not have a direct or indirect impact.
The Triple Bottom Line Scan also highlights that there are many tensions, where impacts from
implementing a permitting system can have both positive and negative implications. For example, the
scan highlights that a permitting system has both the potential to increase neighbor-to neighbor
tensions, but could also lead to greater communication and less conflict among neighbors. To address
these tensions, the permitting process would include increased education and outreach efforts.
1
Outdoor Residential Wood Burning
1-22-2019
ATTACHMENT 5
Direction Sought
Does Council want to proceed with
considerations to:
• Allow outdoor residential wood burning fires
with a permit?
• Provide 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
• Regulatory
mechanism
Findings
• Smoke and particle pollution
• Nuisance and/or health
concerns
• Sensitive populations
• Smoke can travel
• Recreational amenity
5
Range of Policy Options
Status Quo
• Safety response,
education, outreach,
neighborhood mediation
services
Middle Ground
• Regulatory option to
address only fires that
impact neighbors
Ban
• Prohibit residential wood
fires
6
Policy Research
Less regulatory More regulatory
Proposed Regulatory Framework
Objective
• Prohibit residential wood fires that negatively impact
neighbors
Recommendation
• Allow outdoor residential wood fires with permit
• Permit conditions establish:
• Discretion to require a fire is extinguished based on
complaints
• Ability to revoke permit for continued complaints
7
Permit Application
8
Conditions
• Required for outdoor wood
burning
• No fee (initially)
• Annual renewal
Acknowledgments
Safety requirements
Property owner permission
Restriction on high pollution
advisory days
Subject to extinguishment
and/or permit revocation
based on smoke complaints
Recommendations
• Notify neighbors prior to
burning
• Low smoke wood burning
practices
Exemptions
• Electric, liquid-fuel or gas-
fueled appliances
• Non-commercial cooking
appliances (e.g., BBQs and
smokers)
Smoke Complaint
9
Enforcement Discretion
Health/
nuisance
concern
Location/
Proximity
Time of
day Purpose
Frequency
/Duration
Evaluation of factors
Complaint Response Process
10
Complaint
Received
• Nature of concern
• Source
location/proximity
• Weather
conditions
• Time of day
• Frequency
Permit
Research
• Source location
known?
• Permit obtained?
• History of
complaints?
Permit
Enforcement
• Notify of
requirements?
• Citation for
burning without
permit?
• Suspend or
revoke permit?
11
Triple Bottom Line Scan (TBL-S) Results
Environmental
• Positive
• Indoor and
outdoor air quality
• Education and
outreach
opportunity
• Negative
• Resources needs
Economic
• Positive
• Innovation (e.g.,
CSU Energy labs)
• Tensions
• Gas appliance vs.
wood appliance
sales
• Community brand
of environmental/
health vs. over-
regulation
Social
• Positive
• Access to healthy
indoor air
• Negative
• Accessibility of
process
• Tensions
• Better vs. worse
neighbor relations
Implementation and Enforcement
Resource Needs
• Permitting system (software updates): ~$5,000 (one-time)
• Implementation and enforcement (Environmental Services): 0.25 FTE; $18K/year
(ongoing)
12
Timeline and Resources
Outreach/Adoption
Feb – Mar 2019
• Additional
outreach (Boards,
OurCity e-forum,
NextDoor)
• Council
consideration/
adoption
Initialization
April - May 2019
• Develop self-
administered
permit system
• Develop initial
outreach
Year 1
June – Dec 2019
• Permit system
administration
• Complaint driven
permit
investigation
• Limited field
response
Evaluate Year 1
2020
• Evaluate
effectiveness
• Recommend
updates/changes
Direction Sought
Does Council want to proceed with
considerations to:
• Allow outdoor residential wood burning fires
with a permit?
• Provide resources to support
implementation and enforcement?
13
Additional of process and increases resources vs. ability to address negative impacts from wood smoke in
neighborhoods
Mitigations
Leveraging existing resources for new program implementation to extent policies
Make permitting process accessible
Provide resources to facilitate more productive neighborhood conversations
IMPACTS
ATTACHMENT 5
complaints from neighbors, or a visibility hazard on any form of
transportation route.
Columbus,
OH
$75 per
burn
If there are ANY complaints from neighbors, immediate
extinguishment must be done. Complaints might include, but are not
limited to, smoke drifting into their house, embers drifting to their
property and/or fire getting out of control.
Appleton,
WI
$15/$30 day/
season
10pm Applicants are encouraged to speak with surrounding neighbors
regarding outdoor fire usage to reduce the possibility of nuisance
complaints and discontinued outdoor fire use.
Laramie, WY
If it is determined by the fire chief (or their designee) that smoke
emitting from the burn is offensive to occupants of surrounding
properties, or constitutes a hazardous condition, they may require
the burning be discontinued.
ATTACHMENT 1