As used in this chapter, the following terms
shall have the meanings indicated:
The Health Officer or other official authorized by the Board
of Health to enforce this code.
Any furnace, incinerator, refuse-burning equipment, boiler
apparatus, device, mechanism, stack or structure used in the process
of burning fuel, refuse or any other combustible material.
An apparatus in which the combustion of gaseous, liquid or
pulverized solid fuel takes place within one or more cylinders.
Any fire wherein the products of combustion are emitted into
open air and are not directed thereto through a stack or chimney.
Includes an individual, firm, corporation, association society,
partnership and their agents or employees.
The chart (known as the “Ringelmann Smoke Chart”)
published by the United States Bureau of Mines.
Includes a small gas-borne and airborne particles in sufficient
number to be observable, arising from a process of combustion.
Includes a flue, conduit or opening permitting particulate
or gaseous emissions into the open air, or constructed or arranged
for such purpose.
Fuel-burning equipment which comes under the
jurisdiction of this code shall be inspected by the enforcing official
as often as he deems it necessary to determine that such equipment
is in such condition that it can be operated in compliance with the
provisions of this code. If as the result of inspection it is found
that the equipment is in such condition that it cannot be operated
within the provision of this code, the enforcing official shall give
notice in writing to the person owning, operating or in charge of
such equipment of such condition and order correction, repair or replacement
of said equipment. Failure to comply with this order within 30 days
from its date shall be a violation of this section and upon failure
to comply with said order the enforcing official is authorized to
seal the equipment.
A.
No person shall permit smoke, the shade or appearance
of which is darker than No. 2 of the Ringelmann Smoke Chart, to be
emitted into the open air from any fuel-burning equipment, internal
combustion engine, open fire, stack or chimney.
B.
The provisions of § 446-77A shall not apply to:
(1)
Smoke emitted from fuel-burning equipment broken down
as a result of causes which a reasonably prudent person could not
have foreseen.
(2)
Smoke emitted during the cleaning of a firebox or
the building of a new fire, the shade or appearance of which is equal
to but not darker than No. 3 of the Ringelmann Smoke Chart for a period
or periods aggregating no more than three minutes in any 15 consecutive
minutes.
(3)
Smoke from locomotives the shade or appearance of
which is equal but not darker than No. 3 of the Ringelmann Smoke Chart
for a period or periods aggregating no more than 30 seconds in many
three consecutive minutes, or smoke of said density for a period or
periods aggregating no more than four minutes in any 15 consecutive
minutes when building a new fire.
C.
The standard to be used for the purpose of grading
the shade or appearance of smoke under this code shall be the Ringelmann
Smoke Chart.
D.
No person shall cause, suffer, allow or permit the
escape or emission from any fuel-burning equipment, internal-combustion
engine, open fire, stack or chimney into the open air of smoke or
other airborne products of combustion in such quantity as to cause
injury, detriment, nuisance or annoyance to the public or to endanger
the comfort, repose, health or safety of the public.
Any person owning, operating, or in charge of, fuel-burning equipment convicted of three or more violations of any of the provisions of § 446-77 within any consecutive twelve-month period may be directed to show cause at a hearing before the enforcing official, why the equipment causing such violations should not be sealed. The enforcing official shall give at least 10 days' notice of such hearings. Failure to present evidence that adequate means and methods have been employed to correct the cause of such violations shall be authorization for the enforcing official to seal the equipment until such time as satisfactory corrective action shall have been taken.
No person shall in any manner hinder, obstruct,
delay, resist, prevent or in anyway interfere with the enforcing official
or any of the personnel of his department in the performance of any
duty herein enjoined or, after proper identification, refuse to permit
such inspectors to perform their duty by refusing them or any of them
entrance to the premises at reasonable hours.
Any person who shall violate any section of
this article shall be subject to a penalty of not less than $10 and
not more than $100 upon conviction thereof in the Municipal Court
of Middlesex. Each day or part thereof during which such violation
shall continue, shall constitute a separate offense.
