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HomeMy WebLinkAboutMemo - Mail Packet - 7/28/2020 - Memorandum From Cassie Archuleta And Jason Komes Re: Outdoor Residential Wood Burning - Update Environmental Services 222 Laporte Ave PO Box 580 Fort Collins, CO 80522 970-221-6600 fcgov.com MEMORANDUM DATE: July 22, 2020 TO: Mayor and Councilmembers THRU: Darin Atteberry, City Manager Jackie Kozak Thiel, Chief Sustainability Officer Lucinda Smith, Environmental Services Director FROM: Cassie Archuleta, Air Quality Program Manager Jason Komes, Air Quality Specialist RE: Outdoor Residential Wood Burning - Update Bottom Line Council adopted new rules regarding outdoor residential wood burning in March 2019, and the City is now amid the second season of implementation. An evaluation report was originally planned after the 2019 season, but this has been delayed to also include 2020 due to the impacts of COVID-19. Specifically, 2020 has seen an increase in complaints over 2019, with some community members expressing concern regarding compounded air quality and respiratory impacts of both smoke and COVID-19 and some requesting renewed consideration of a ban. This memo includes an update and summary through June 2020, with a full 2-year evaluation report anticipated in December 2020. Outdoor Residential Wood Burning In March 2019, Council adopted new air quality nuisance rules related to outdoor residential wood burning. New rules included prohibiting outdoor wood burning between 10 p.m. and 7 a.m. along with a 15-foot property line setback for wood-burning fire pits and fireplaces. In April 2019, staff began implementation, outreach, and education efforts to promote voluntary compliance. Outreach and engagement activities in 2020 have included:  Updated website (fcgov.com/outdoorburning)  Engagement through questionnaire posted on e-forum site (ourcity.fcgov.com)  Social media posts on Twitter, Facebook and NextDoor  City newsletters (Air Quality, Climate, City News)  Press releases  KUNC radio ad  >200 neighborhood letters  49 individual household letters While staff has focused primarily on non-regulatory activities such as outreach, education, and promotion of good neighbor relations, some complaints have escalated to enforcement action. Enforcement activity through June 2020 has included:  1 Notice of Violation (2019)  5 Ongoing investigations for potential Notices of Violation (2020) The table below shows the number of complaints received in 2019 and the number to date (through June 30) in 2020 by the Environmental Services Department (ESD) and Poudre Fire Authority (PFA). The chart below shows a comparison of complaints received during the second quarter of each year. DocuSign Envelope ID: ADC8C790-6092-4BFF-8EBA-176CC6BB441C 2 Quarter # Complaints Received Primary Nature of Complaint Nuisance Code Fire Code Other ESD PFA Total Time of Day Property Line Distance Nuisance Smoke Burning Yard Waste Distance to Combustibles (Odor/ Health/ Unknown) 2019 Q2* 24 32 56 14 2 14 5 5 16 Q3 31 30 61 23 0 6 10 5 17 Q4 3 12 15 1 3 1 4 1 5 Total 58 74 132 38 5 21 19 11 38 2020 Q1 5 18 23 0 1 5 7 3 7 Q2 78 49 127 21 2 38 15 14 37 Total 83 67 150 21 3 43 22 17 44 *New rules and new tracking system implemented in 2 nd quarter, 2019. Notably, 2020 has seen an increase in the number of complaints between April and June (Q2), 43 of which are repeat complaints. Repeat complaints are generally categorized as one of the following:  Same complainant about the same source address within a 12-month period; or  Same complainant about an unknown source in a given neighborhood within a 12-month period. Of the repeat complaints in 2020, approximately 25 are associated with two neighborhoods that have been either unfounded or are unactionable due to insufficient information to proceed. Of the actionable repeat complaints, 5 are currently under investigation for escalation of enforcement, and the remainder have either been unfounded or the complainant requested no further action. In part, some individuals have noted increased concern due to COVID-19 impacts, where individuals with or recovering from COVID-19 may have diminished lung function and therefore might be at particularly high risk of respiratory health effects after exposure to wood smoke. In light of these impacts, the CDC has recommended that jurisdictions consider a temporary ban on open burning (www.cdc.gov/coronavirus/2019-ncov/php/openburning.html). Additionally, on July 22, Larimer County adopted fire restrictions on open fires for unincorporated parts of the County restricting outdoor fires that are not located in permanent structures (www.larimer.org/spotlights/2020/07/21/larimer-county- adopts-fire-restrictions-open-fires). County restrictions are related to fire safety and are in effect until August 31. 0 50 100 150 2019 2020Number of ComplaintsOutdoor Burning Complaints Received Second Quarter (April -June) PFA ESD DocuSign Envelope ID: ADC8C790-6092-4BFF-8EBA-176CC6BB441C 3 Next Steps Currently, new July 22-August 31 Larimer County fire restrictions do not apply within City limits. Poudre Fire Authority will be consulted regarding expanding these restrictions into City limits for fire safety purposes. For smoke nuisance concerns, unless otherwise directed by Council, staff will continue to promote voluntary compliance with education/enforcement approach. This includes providing information about the impacts of COVID-19 to strongly discourage outdoor burning to limit impacts to vulnerable individuals in light of the coronavirus. Additionally, staff is preparing a 2-year evaluation report. This will include community feedback that was collected regarding the first year of implementation (2019), and additional feedback sent to staff and Council in 2020. This report is expected to be provided in December 2020. DocuSign Envelope ID: ADC8C790-6092-4BFF-8EBA-176CC6BB441C