§ 16.44.030. Exemptions.

A.

A person may operate a solid fuel-fired heating device during a high pollution day if an exemption has previously been obtained from the city manager or designee. An exemption may be granted if the applicant submits a sworn statement that either:

1.

A solid fuel-fired burning device is the sole source of heat and that said device was installed prior to the effective date of the ordinance codified herein; or

2.

An electrical heating system is the primary source and a solid fuel-fired heating device is a supplemental heating system, and that said system was installed prior to the effective date of the ordinance codified herein; or

3.

A phase III certified device, or a solid fuel-fired heating device that meets the most stringent emission standards for wood stoves established by the Colorado Air Quality Control Commission as demonstrated by tests by an accredited laboratory, has been installed in accordance with all applicable codes and ordinances. A fee to cover the administrative costs of the exemption certificate may be charged. The fee shall be established and from time to time revised by resolution of the city council.

B.

An exemption obtained under this section shall be effective for one year from the date it is granted and may be renewed upon submission of a new sworn statement as provided in subsection A of this section.

C.

An exemption granted as provided herein may be revoked by the city if the solid fuel-fired heating device is operated inefficiently so as to create a nuisance due to excessive smoke production.

D.

The exemption certificate shall be posted in a conspicuous location near the main entrance to be visible from the street.

(Code 1993, § 16.44.030; Ord. No. O-89-1, § 1; Ord. No. O-92-42, § 2)