[Amended 12-9-2003, effective 12-19-2003]
The head of the Division of Fuel Devices is hereby charged with
the duty of investigating, preventing and abating air pollution and
the emission of dense smoke within the City and enforcing the provisions
of this Part 1. Subject to the direction of the Chief Combustion Inspector,
said duties may be performed by such other assistants and employees
as may be assigned to such work.
The following words, when used in this Part 1, shall have the
following meanings:
A lesser part or component that is an appendage or accessory
to a whole system, and whose function is incidental or accessory to
the system to which it is connected.
[Added 7-20-2004, effective 8-2-2004]
The Ringelmann Chart, with instructions for use, as now published
by the United States Bureau of Mines.
Smoke of a density equal to or in excess of Number 3 of said
chart.
Gasborne particles larger than one micron in mean diameter.
A person employed by a factory or plant which manufactures
equipment, devices, fixtures, components, assemblies, controls, and
other similar parts for the electrical, elevators, fuel devices or
plumbing trades, who has the working knowledge of the trade manufactured
for and of the equipment, etc., manufactured by such factory, and
has been trained and certified by such manufacturer as being knowledgeable
and capable of installing and servicing the equipment and components,
etc., in the field wherever it is installed.
[Added 7-20-2004, effective 8-2-2004]
Combustible materials, solid, liquid or gaseous, used primarily
either to kindle or sustain fire or produce heat, including refuse
to be consumed in refuse-burning equipment.
Any furnace, incinerator, engine, boiler, vessel, steam roller,
derrick, pile driver, dredge, tar kettle, apparatus, device, mechanism,
stack or structure used in the process of burning fuel.
Gases or vapors that are of such character as to create an
uncleanly, destructive, offensive or unhealthful condition or a nuisance.
The volume of the chamber in which combustion occurs, including
the space occupied by the fuel bed and all space up to the point where
the products of combustion first enter the flues or ducts through
the heating surface.
For a commercial building, one of the following categories:
[Added 7-20-2004, effective 8-2-2004]
The individual property owner (or owners), who is capable and
has a working knowledge of repairs and replacements in-kind in the
fields of work called for in properly maintaining his/her building
and site.
Any employee(s) in the direct employ of the owner(s), not as
a contractor or subcontractor, but as an actual employee, whose job
it is to maintain the property and who is capable and has a working
knowledge of repairs and replacements in-kind in the fields of work
called for in properly maintaining the building and site that he/she
has been employed by the owner to maintain.
An individual, a partnership, a corporation, a receiver,
an association, an executor, an administrator, a trustee, a guardian
or an agent.
Any work which requires heating or power equipment to be
dismantled, changes the design thereof or results in a rebuilding
of a major portion thereof or in the construction of a new or different
heating or power plant.
Agglomerated particles consisting essentially of carbonaceous
material.
A chimney, open fire, smokestack, structure or opening of
any kind for purposes of discharging or which does discharge smoke,
dust, soot, cinders, fly ash, noxious acids, fumes or gases into the
open air; and during the time a locomotive is standing under a roundhouse
smokestack, such "stack" shall be deemed a part of such locomotive.
The production or emission of dense smoke within the City is
prohibited. The following exceptions to the provisions of this section
shall be permitted:
A.
In the event of upset fire conditions or breakdown of equipment which
are unavoidable and beyond the ordinary control of the person operating
a fuel- or refuse-burning device, dense smoke shall be permitted for
one period of not more than five minutes during any one hour.
B.
When a firebox is being cleaned out or a new fire being built therein,
dense smoke shall be permitted for one period of not more than 10
minutes in any one calendar day or for two periods of not more than
six minutes in any one calendar day.
C.
After a locomotive fueled with coal is in service or ready for service,
dense smoke shall be permitted for a period of one minute at any one
time but for not more than 10 such one-minute periods in any consecutive
period of 60 minutes. This provision shall apply to any locomotive
in service or being prepared for service in transfer yards or a roundhouse
or engaged in switching operations.
The emission from any stack or premises within the City into
the open air of such quantities of dust, soot, cinders, fly ash, noxious
acids, fumes or gases so as to cause injury or detriment to persons
or to the public or to endanger the comfort, health or safety of any
person or the public or in such manner as to cause injury or damage
to business or property is prohibited. The emission of injurious quantities
of dust, soot, cinders, fly ash, noxious acids, fumes or gases from
any stack or premises is hereby declared to be a nuisance and may
be abated in the manner provided by law.
