As used in this chapter, the following terms shall have the meanings indicated:
ENFORCING OFFICIAL
The Health Officer or other official authorized by the Board of Health to enforce this code.
FUEL-BURNING EQUIPMENT
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.
INTERNAL-COMBUSTION ENGINE
An apparatus in which the combustion of gaseous, liquid or pulverized solid fuel takes place within one or more cylinders.
OPEN FIRE
Any fire wherein the products of combustion are emitted into open air and are not directed thereto through a stack or chimney.
PERSON
Includes an individual, firm, corporation, association society, partnership and their agents or employees.
RINGELMANN SMOKE CHART
The chart (known as the “Ringelmann Smoke Chart”) published by the United States Bureau of Mines.
SMOKE
Includes a small gas-borne and airborne particles in sufficient number to be observable, arising from a process of combustion.
STACK OR CHIMNEY
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.
A. 
No person shall operate fuel-burning equipment placed under seal by the enforcing official or at his direction unless permission is granted by said enforcing official in writing so to do.
B. 
Each day's violation of this section shall constitute a separate offense.
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.