Ordinance - 2003 - 448 - Amend Title 4/Building And Particulate Matter - 06/10/2003ORIGINAL
ORDINANCE NO. 448
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 4, CHAPTER 6, SECTION 3 OF THE EAGLE CITY CODE, AMENDING THE
DEFINITIONS OF "BUILDING" AND "PARTICULATE MATTER;" AMENDING
TITLE 4, CHAPTER 6, SECTION 4 OF THE EAGLE CITY CODE, CHANGING THE
AIR QUALITY DESIGNATIONS AND PROVIDING RELATED RESTRICTIONS;
AMENDING TITLE 4, CHAPTER 6, SECTION 6 OF THE EAGLE CITY CODE,
PROVIDING FOR ADDITIONAL PROHIBITED BURNING REQUIREMENTS;
AMENDING TITLE 4, CHAPTER 6, SECTION 7 OF THE EAGLE CITY CODE,
REMOVING THE AIR OUALTIY ALERT/ ADDITIONAL RESTRICTIONS,
PROVIDING FOR PERMITTED OPEN BURNING, AND ESTABLISHING THE
AUTHORITY FOR THE GRANTING OF BURN PERMITS; AMENDING TITLE 4,
CHAPTER 6, SECTION 8 OF THE EAGLE CITY CODE, CHANGING THE
AUTHORITY FOR THE GRANTING OF EXCEPTIONS; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle wishes to provide its citizenry with guidelines and
regulations for out -door burning;
WHERAS, the City of Eagle's establishment of out -door burning guidelines and
regulations shall be in conformity with county and state-wide regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1. Title 4, Chapter 6, Section 3, of the Eagle City Code is hereby amended to
change the definitions of "Building" and "Particulate Matter" to read as follows:
BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether
publicly or privately owned or any other structure as defined by the International
Building Code as adopted by Chapter 1, Title 7, Article A Eagle City Code.
PARTICULATE MATTER (PM10/PM2.5): Any gas -borne particles resulting from
incomplete combustion, consisting predominantly, but not exclusively, of carbon and
other combustible matter.
Section 2. Title 4, Chapter 6, Section 4 of the Eagle City Code is hereby amended to
read as follows:
4-6-4: AIR QUALITY INDEX (AOI) AND RELATED RESTRICTIONS:
eN +TIONS ANP A JL RT CRITERIA:
A. The quality of the City's air shall be is determined by the Idaho State Department
of Environmental Oualitv (DEO) by monitoring pollutant levels in and/or around the City
Page 1 of 5
K:\COUNCII.\Ordinances\Ord 448.doc
with equipment and methods approved by the DEO Idtho Et-ate—D
B. The quality of the City's air shall be designated according to the following table;
where "PM 10" indicator pcartkxik.. _
equal-te-ten-(44)-Fnierons:
D r, gix cvn 21 hour (ug/m3
'cod 0 50
Mederatc E1 159
Ux\koa1t#ful 151 MA
V fb. 351 120
Hazardous >120
Air Oualitv Index (AOI)
Designation AOI
Good 0-50
Moderate 51-100
Unhealthy for Sensitive Group_ s 101-150
Unhealthy 151-200
Very Unhealthy 201-300
Hazardous 301-500
C. In order to prevent the existence of air quality tl .t io u ±aalthful, an air pollution
"alert" wil
o ntkluin • • .
stWfa per—art/kJ mater
st twenty four (21)
hours.
C. All open burning, even if a valid permit has been issued, is prohibited when the
DEO reports an Air Oualitv Index (AOI) of 60 or higher for any pollutant measured in
the Treasure Valley. It is the responsibility of the permit holder to be informed of the
AOI designation prior to ignition. The AOI can be accessed by calling the DEO's daily
AOI report and/or via DEO's website.
D. All wood burning, including but not limited to within a solid fuel heating
appliance designed for wood fuel (commonly know as a "wood stove") or open fireplace,
is prohibited whenever the DEO reports an AOI of 74 or greater and forecasts air
stagnation conditions to continue for at least twenty four (24) hours.
1. No person shall cause or allow, after a three (3) hour "burn down", the operation of a
solid fuel heating appliance or open fireplace, unless an exemption has been granted by
the City of Eagle and/or the Eagle Fire Protection District.
2. No person shall cause or allow the operation of a solid waste incinerator.
Page 2 of 5
K:\COUNCQ.\Odinances\Ord 448.doc
3.No person shall build, ignite. or maintain anv outdoor fire of anv kind or character. or
for anv purpose whatsoever. except as provided within this Chapter.
Section 3. Title 4, Chapter 6, Section 6 of the Eagle City Code shall be amended to
read as follows:
4-6-6: PROHIBITED BURNING
A. No person shall cause or allow refuse or coal to be burned in a solid fuel heating
appliance designed for wood fuel.
B. No person shall cause or allow a solid fuel heating appliance or refuse incinerator
to be operated contrary to the design, specifications and manufacturer's instructions.
C. Notwithstanding the provisions of anv section of this Chapter, no person shall
allow. suffer. cause, or permit the open burning of materials which emit toxic
contaminants or large volumes of smoke. particulates or odors deemed a public nuisance:
(such prohibited materials consist of the following, but are not limited to: garbage. tires
or anv other rubber materials. plastics, heavy petroleum products. dead animals or parts
thereof, lumber. tree stumps. trash. wet or green vegetation. trade waste. commercial
waste, roofing materials or anv other asphaltic materials, drywall, sheetrock, tarpaper.
floor underlavment, insulation, chemicals, household garbage. motor vehicles or parts
thereof whether iunked or not, insulated wire, pathogenic wastes, hazardous wastes, etc3.
D. Anv open burning that would otherwise be allowed under this Chapter, but is
determined to be a nuisance, hazard. or source of air pollution, shall be prohibited.
E. All open burning, even if a valid permit has been issued. is prohibited when the DEO
reports an AOI of 60 or higher for any pollutant measured in the Treasure Valley.
Section 4. Title 4, Chapter 6, Section 7 of the Eagle City Code is hereby amended to
read as follows:
4-6-7: 4114—QUALITY
OPEN BURNING:
PERMITTED
At the onset and during the pendency of a declared air quality "alert", the following
addit�rxl r
A. Ns -person u1x M
of ., oli fuel heating applianc
by-the-eity-elerk,
I3. N o peso Shat e or law
C. No pingyralcopen✓e.rak
aur "kfarnd
o iroirvra`
A. Open burning of the following are permitted only in accordance with the
provisions of this chapter and do not require a permit:
Page 3 of 5
Kf COUNCIL\Ordinances\Ord 448.doc
1. Fires used by organized fire fighting personnel for the purpose of combating
fire or training.
2. Barbecues or other fires used in the preparation of food. provided however,
that the fire does not exceed three (3) feet in diameter and two (2) feet high.
B. Open burning of the following are permitted only in accordance with the
provisions of this chapter and shall reauire a permit from the Eagle Fire Protection
District:
1. Fires used to keep irrigation ditches and fence rows clear of plant and weed
growth.
2. Fires used to dispose of or reduce dry vegetative waste materials, such as, but
not limited to. tree branches, gardening waste. weeds, or other dry vegetation.
where mulching or other types of disposal are impractical.
C. Open burning for the purposes of agricultural activities is specifically exempt
from the requirements of this chapter. However, burn permits are still required for these
activities and must be obtained from the Eagle Fire Protection District prior to the
ignition of any fire.
D. Burning permits are available through the Eagle Fire Protection District.
Section 5. Title 4, Chapter 6, Section 8 of the Eagle City Code is hereby amended to
read as follows:
4-6-8: EXEMPTIONS FROM RESTRICTIONS:
A. The city clerk City of Eagle and/or the Eagle Fire Protection District shall grant
exemptions from this chapter if it is determined the city clerk Eagle Fire Department
that:
1. A solid fuel heating appliance is the sole source of heat for the structure in which it is
situated; or
2. Using alternative heating would cause an unreasonable economic hardship; or
3. The solid fuel heating appliance is lied certified by the city clerk Eagle Fire
Depart as a clean burning appliance by the Environmental Protection Agency (EPA).
B. Any person denied an exemption under this chapter shall be provided, at the
option of the applicant for the exemption, an appeal hearing before the city council.
C. Any building constructed after the effective date of this chapter shall not be
eligible for an exemption under subsections Al and A2 of this section.
D. - - ... :, ah lb-txl: 1`-yar71ing is specifically exempted from tho
c\1 a -peEsor.Mitt t`i11
eb Kin a Wen ti
andler-ditoh ba k in
�.t ty:za. t
Page 4 of 5
K:\COUNCIL\Ordinances\Ofd 448.doc
Section 6. This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire
Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be
published.
DATED this day of JU._vJ2.._ 2003.
ATTEST:
Sharon . Moore,
City Clerk/Treasurer
CITY OF EAGLE
L26_i_clo,County, Idah
an y C. M- "i`, Mayor
sotilliMet
84.
;.• G•••:O�yORq��••
•
• G • •
�•� i
:� SEALq�
Page 5 of 5
K:\COUNCQ..\Ordinances\Ond 448.doc
Valley Times
contaminants or large volumes of smoke, particulates or odors deemed a public
nuisance; fsuch prohibited materials consist of the following, but are not limited to:
garbage, tires or any other rubber materials, plastics, heavy petroleum products, dead
animals or parts thereof, lumber, tree stumps, trash, wet or green vegetation, trade
waste, commercial waste, roofing materials or any other asphaltic materials, dry-
wall, sheetrock, tarpaper, floor underlayment, insulation, chemicals, household gar-
bage, motor vehicles or parts thereof whether junked or not, insulated wire, patho-
genic wastes, hazardous wastes, etc).
D. Any open burning that would otherwise be allowed under this Chapter, but is
determined to be a nuisance, hazard, or source of air pollution, shall be prohibited.
E. All open burning, even if a valid permit has been issued, is prohibited when the
DEQ reports an AQI of 60 or higher for any pollutant measured in the Treasure
Valley.
Section 4. Title 4, Chapter 6, Section 7 of the Eagle City Code is hereby amended tc
read as follows:
V
4-6-7: .. . • PERMITTED
OPEN BURNING:
f.. a... ....oaf. ." b 1. Y ..dam.. , 1 " 1 ✓. 1 ".. yaal:.y "L . , th., f l le w Lr€
La . ex, (3)
;.'.a., ,
1, IL ✓, J. J..
a \t.f :d
O. 11_ .. LAI SIL .. r.::1L ' _f
A. Open burning of the following are permitted only in accordance with the provi
sions of this chapter and do not require a permit:
I. Fires used by organized fire fighting personnel for the purpose of
combating fire or training.
2. Barbecues or other fires used in the preparation of food, provides
however, that the fire does not exceed three (3) feet in diameter and two (2) fee
high.
June 17, 2003
ORDINANCE NO. 448
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMEND-
ING TITLE 4, CHAPTER 6, SECTION 3 OF THE EAGLE CITY CODE, AMEND-
ING THE DEFINITIONS OF "BUILDING" AND "PARTICULATE MATTER;"
AMENDING TITLE 4, CHAPTER 6, SECTION 4 OF THE EAGLE CITY CODE,
CHANGING THE AIR QUALITY DESIGNATIONS AND PROVIDING RELATED
RESTRICTIONS; AMENDING TITLE 4, CHAPTER 6, SECTION 6 OF THE
EAGLE CITY CODE, PROVIDING FOR ADDITIONAL PROHIBITED BURN -
Por: REQUIREMENTS; AMENDING TITLE 4, CHAPTER 6, SECTION 7 OF
EAGLE CITY CODE, REMOVING THE AIR QUALITY ALERT.ADDI-
TIONAL RESTRICTIONS, PROVIDING FOR PERMITTED OPEN BURNING,
AND ESTABLISHING THE AUTHORITY FOR THE GRANTING OF BURN PER-
MITS; AMENDING TITLE 4, CHAPTER 6, SECTION 8 OF THE EAGLE CITY
CODE, CHANGING THE AUTHORITY FOR THE GRANTING OF EXCEPTIONS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle wishes to provide its citizenry with guide-
lines and regulations for out -door burning;
WHERAS, the City of Eagle's establishment of out -door burning guide-
lines and regulations shall be in conformity with county and state-wide regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUN-
CIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1. Title 4, Chapter 6, Section 3, of the Eagle City Code is hereby amended
to change the definitions of "Building" and "Particulate Matter" to read as follows:
BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether
pu"icly or privately owned or any other structure as defined by the International
F ng Code as adopted by Chapter 1, Title 7, Article A Eagle City Code.
PARTICULATE MATTER (PM10/PM2.5): Any gas -borne particles resulting from
incomplete combustion, consisting predominantly, but not exclusively, of carbon
and other combustible matter.
Section 2. Title 4, Chapter 6, Section 4 of the Eagle City Code is hereby amended to
read as follows:
4-6-4: AIR QUALITY INDEX (AQI) AND RELATED RESTRICTIONS: DES1C-
A. The quality of the City's air shall L.. is determined by the Idaho State Department
of Environmental Quality (DEQ) by monitoring pollutant levels in and/or around
the ('ity with equipment and methods approved by the DEQ fdJ..,, 01...73-r...1
ed -of 7:..:: .....:/ I $nafity.
B. The quality of the City's air shall be designated according to the following table;
whc.c " 'hl 10" ... \ 1 ra... J. :S. ". ✓,. : .. 1 /\
�tnnl
1.1...1,,.4..,
1 ,,healthLl 151 - 350
J./....Jthfid 351 - 420
it I� r--120
It
D 1 hoar
3 - �h
- 17�
Air Quality Index (AQI)
Designation AQI
Good
Moderate
Unhealthy for Sensitive Groups
Unhealthy
Very Unhealthy
Hazardous
0-50
51-100
101-150
151-200
201-300
301-500
C. .I, \.
ta' ...LG r4:t
eh ....w. (ab.\A) ....I ......."a........,.ug..:..... w.�........................5 t .... 1..../.
t......ty fetn. - Q l)
C. All open burning, even if a valid permit has been issued, is prohibited when the
DEQ reports an Air Quality Index (AQI) of 60 or higher for any pollutant measured
in the Treasure Valley. It is the responsibility of the permit holder to be informed of
the AQI designation prior to ignition. The AQI can be accessed by calling the DEQ's
daily AQI report and/or via DEQ's website.
D. All wood burning, including but not limited to within a solid fuel heating appli-
ance designed for wood fuel (commonly known as a "wood stove") or open fire-
place, is prohibited whenever the DEQ reports an AQI of 74 or greater and forecasts
air stagnation conditions to continue for at least twenty four (24) hours.
I. No person shall cause or allow, after a three (3) hour "burn down," the operation
of a solid fuel heating appliance or open fireplace, unless an exemption has been
granted by the City of Eagle and/or the Eagle Fire Protection District.
2. No person shall cause or allow the operation of a solid waste incinerator.
3. No person shall build, ignite, or maintain any outdoor fire of any kind or charac-
ter, or for any purpose whatsoever, except as provided within this Chapter.
'1n 3. Title 4, Chapter 6, Section 6 of the Eagle City Code shall be amended to
follows:
4-6-6: PROHIBITED BURNING :
B. Open burning of the following are permitted only in accordance with the provi
sions of this chapter and shall require a permit from the Eagle Fire Protectior
District.
1. Fires used to keep irrigation ditches and fence rows clear of plant and
weed growth.
2. Fires used to dispose of or reduce dry vegetative waste masterials, suet
as, but not limited to, tree branches, gardening waste, weeds, or other dry
vegetation, where mulching or other types of disposal are impactical.
C. Open burning for the purposes of agricultural activities is specifically exemp
from the requirements of this chapter. However, burn permits are still required for
these activities and must be obtained from the Eagle Fire Protection District prior tc
the ignition of any fire.
D. Burning permits are available through the Eagle Fire Protection District.
Section 5. Title 4, Chapter 6, Section 8 of the Eagle City Code is hereby amended tc
read as follows:
4-6-8: EXEMPTIONS FROM RESTRICTIONS:
A. The ✓::, ✓.:I. City of Eagle andor the Eagle Fire Protection Distric
shall grant exemptions from this chapter if it is determined by -the L:ty Ijagli
that:
I. A solid fuel heating appliance is the sole source of heat for the structure in whicl
it is situated; or
2. Using alternative heating would cause an unreasonable economic hardship; or
3. The solid fuel heating appliance is I:st...{ certified L,
1, .1.....: "s a clean burning appliance by the Environmental Protection Agencl
(EPA).
B. Any person denied an exemption under this chapter shall be provided, at th,
option of the applicant for the exemption, an appeal hearing before the city coin
cil.
C. Any building constructed after the effective date of this chapter shall not t
eligible for an exemption under subsections A I and A2 of this section.
fk ✓.. 1...1.. L. ' 6 ... Jl., .....,/ �I F e...
.":.. " ".. r"...... f......1... 34b1.. 7...D Ya....... r.:".." "..d" ....g
..A or-ditd. 1.:r/. 1
Section 6. This ordinance shall take effect and be in force from and after its passage
approval, and publication as required by law. In lieu of publication of the entir
Ordinance, a summary thereof in compliance with Section 50-901A. Idaho Codi
may be published.
DATED this 10th day of June 2003.
ATTEST:
Sharon K. Moore,
City Clerk/Treasurer
CITY OF EAGLE
Ada County, Idaho
Nancy C. Merrill, Mayor