HomeMy WebLinkAbout188 - 01/07/2003 - AMENDING THE CITY CODE TO LIMIT RESIDENTIAL CHIMNEY SMOKE OPACITY TO 20% ORDINANCE NO. 188, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 20 OF THE CITY CODE TO LIMIT
RESIDENTIAL CHIMNEY SMOKE OPACITY TO 20%
WHEREAS, the Air Quality Action Plan, a component of City Plan most recently updated
by the Council in Resolution 2001-44 in March 2001, identifies an air quality goal of continually
improving air quality as the city grows; and
WHEREAS, the Air Quality Action Plan contains an air quality policy to reduce area-wide
wood smoke emissions; and
WHEREAS, the City utilizes a three point program to address wood smoke emissions that
includes education (a wood smoke response line), incentives (ZILCH loans for upgrade to gas
stove),and regulation(opacity limitation,and prohibition on installation of other than EPA-certified
wood-burning units); and
WHEREAS, 10%of citizens feel there is too much wood smoke in their own neighborhood,
according to a 2002 citizen survey; and
WHEREAS, the Intergovernmental Wood Smoke Committee, a group of City, County, and
Poudre Health services District staff,convened in 2001 to review the City's Wood Smoke Program,
and recommended that residential chimney opacity be limited to 20%, instead of the current limit
of 40% opacity; and
WHEREAS, opacity refers to the amount of light blocked by smoke, with 100% opacity
describing the condition in which no tight passes through smoke; and
WHEREAS, an accepted industry standard for efficient wood combustion, after an initial
period of start-up, is 15% opacity; and
WHEREAS, numerous other communities in the nation restrict residential chimney smoke
opacity limit opacity to 20%; and
WHEREAS, starting in 2002, City staff has been certified to read smoke opacity according
to EPA Method 9; and
WHEREAS,the Air Quality Advisory Board considered the proposed reduction in allowed
opacity, and voted to recommend Council approval at its regular meeting on September 24, 2002.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that subsection (b) of Section 20-1 of the City Code be amended as follows:
(b) No person shall cause or allow the emission of smoke exceeding twenty (20)
percent opacity from any flue or chimney, except for a single fifteen-minute period
for cold start-up. Any emission in excess hereof is hereby declared to be a nuisance
and is prohibited.
Introduced and considered favorably on first reading and ordered published this 17th day of
December, A.D. 2002, and to be presented for final passage on the 7th dadv'of January, A.D. 2003.
Mayor
ATTEST:
11\ 0.'U.L
City Clerk
Passed and adopted on final reading this 7th day of January, A.D. 03.
C
Mayor
ATTEST:
4".6-W a
City Clerk