[1]
State law references: "Nuisance" defined, abatement regulated, § 309, Subdivision 1, of the Multiple Dwelling Law and Section 305 of the Multiple Residence Law; noxious, offensive gases, odors prohibited, § 17 of the General City Law.
[Ord. of 9-17-1951, § 1]
Pollution of the atmosphere by smoke, dust or odor is hereby declared to be a menace to the welfare and comfort of the people of the city and cause of extensive damage to property. For the purpose of controlling and reducing atmospheric pollution, it shall be the policy of the city to establish and maintain active and continuing supervision of combustion processes and of the emission of certain harmful or objectionable substances into the atmosphere. The necessity for legislative intervention by the enactment of provisions of this Article is hereby declared to be a matter of legislative determination. This Article shall be so interpreted and construed as to effect the above purposes.
[Ord. of 9-17-1951, § 2]
For the purposes of this Article, the following terms shall have the meanings respectively ascribed:
DUST
Air- or gasborne solid particles, including fly ash, cinders and soot.
FUEL-BURNING EQUIPMENT
Any furnace, incinerator, refuse-burning equipment, boiler, water heater, device, mechanism, stack, structure, oven, stove, kiln, still or other apparatus used in the process of burning fuel or similar combustible material.
MINOR ALTERATIONS
Work which involves no substantial change in design, capacity, process or character of effluent.
ODOR
That property of a substance which affects the sense of smell.
OPEN AIR
All space outside of buildings, stacks or exterior ducts.
OPEN FIRE
Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
SMOKE
Emission from a chimney, stack or open fire or from the combustion or heating of fuel or refuse.
STACK
A smoke stack, chimney, flue, duct or other conveyor for carrying products of combustion or incomplete combustion, smoke, dusts or odors into the open air.
STANDARD COMMERCIAL EQUIPMENT
Equipment manufactured in quantity for the purpose intended and completely specified as to size, type and rating in catalogs and other printed literature readily available locally to officials of the city.
[Ord. of 9-17-1951, § 3]
No person shall cause, suffer or allow to be discharged or emitted into the open air smoke the shade or appearance of which is darker than that specified for the time or duration shown in the table in Section 11-16. For the purpose of grading the shade, appearance or density of the smoke, the Ringelmann Chart as published and used by the United States Bureau of Mines, which is hereby made a part of this Article, shall be the standard; provided, however, that other charts having equivalent shades of gray when viewed at the intended working distance for each, may also be used for the purpose of grading the shade, appearance or density of the smoke.
[Ord. of 9-17-1951, Table 1]
The density, shade or appearance of smoke permitted shall be determined by the type of installation, according to the following table:
Type of installation
Limiting density, shade or appearance of smoke
(a)
Domestic installations, primarily for heating and hot water, in one- and two-family dwellings
Not darker than Shade No. 1
(b)
Installations, primarily for heating and hot water, in apartment houses, office buildings, schools, hotels, loft buildings, hospitals and other installations of similar character
Not darker than Shade No. 1 except that smoke not darker than Shade No. 3 is permitted for not more than a total of 4 minutes in any period of 30 minutes
(c)
All other stationary installations except those included in (f)
Not darker than Shade No. 2 except that smoke not darker than Shade No. 3 is permitted for not more than a total of 4 minutes in any period of 30 minutes
(d)
Railroad locomotives
Not darker than Shade No. 2 except that smoke not darker than Shade No. 3 is permitted for not more than a total of 1 minute in any period of 6 minutes for a locomotive in motion or for not more than a total of 4 minutes in any period of 30 minutes for a locomotive not in motion
(e)
For building a wholly fresh fire in a cold fire box
In railroad locomotives, not darker than Shade No. 3 is permitted for not more than 12 consecutive minutes in any period of 24 hours; in other installations, not darker than Shade No. 3 is permitted for not more than 20 consecutive minutes while such fire is being built
(f)
For installations using a fuel input in excess of 25,000,000 Btu per hour, the primary purpose of which is to provide standby and emergency facilities for maintaining essential public utility services
Not darker than Shade No. 2 except that smoke not darker than Shade No. 3 is permitted for not more than a total of 10 minutes in any period of 30 minutes.
[Ord. of 9-17-1951, § 4]
No person shall cause, suffer or allow to be discharged or emitted into the open air from any stack permanently installed in a stationary building or structure, or to pass a convenient measuring point in the connection from the source of dust to such stack, dust in the air or gases in excess of zero and 0.85 pounds of dust per 1,000 pounds of air or gases and in excess of zero and 0.20 pounds of dust larger than that which will pass through a United States Standard 325-mesh sieve per 1,000 pounds of air or gases. In the case of gases from combustion processes, the 1,000 pounds of gases shall be adjusted to 50% excess air. The amount of solids in the gases shall be determined in accordance with accepted engineering practices and procedures for sampling solids from gas streams.
[Ord. of 9-17-1951, § 5]
No person shall cause, suffer or allow to be emitted into the open air any odor in such quantity as to create a public nuisance to the detriment of the public welfare or health. This section shall not apply to any moving vehicle or railroad locomotive which shall have remained within the city for less than 30 minutes during the period of 24 hours in which said emission shall have occurred.
[Ord. of 9-17-1951, § 6]
The Air Pollution Inspector shall make such inspections and investigations as are necessary to administer and enforce the provisions of this Article. Subject to prior approval by the Common Council, he may delegate to other individuals authority to make general or specified inspections and investigations on behalf of the city. Where, in the judgment of the Air Pollution Inspector, a test is required to establish compliance with Section 11-17, he shall require a test to be made pursuant to Section 11-24.
[Ord. of 9-17-1951, § 7]
(a) 
Required; fee. No person shall construct, reconstruct, install or alter any fuel-burning equipment or any other equipment capable of emitting smoke, dust or odor into the open air until an application for installation permit, properly listing and identifying the equipment and stating the means provided or to be provided to assure compliance with Sections 11-15 and 11-17 has been filed in duplicate by the person, or his authorized agent, in the office of the Air Pollution Inspector, an application fee of $5 has been paid and an installation permit has been issued by him.
(b) 
Conformity required. Except as enumerated in Section 11-21 and subject to these same exceptions, no person shall construct, reconstruct, install or alter any such equipment in such manner that it does not conform to such application permit. Plans and specifications of the installations may be submitted as a means of identification and explanation of the means of compliance provided or to be provided.
[Ord. of 9-17-1951, § 7]
The following equipment, repairs and systems are excluded from the provisions of Section 11-20:
(a) 
Gas-fired equipment when standard commercial equipment is used.
(b) 
Oil-fired equipment burning No. 1 and No. 2 fuel oil (as specified in Commercial Standard Specifications for fuel oils of the United States Department of Commerce, in its latest revision) when standard commercial equipment is used.
(c) 
Solid-fuel-fired equipment when standard commercial equipment is used and the maximum fuel input will not exceed 350,000 Btu per hour.
(d) 
Equipment which is not permanently installed in a stationary building or structure.
(e) 
Repairs and minor alterations to previously approved equipment or to equipment installed prior to the first day of December 1951.
(f) 
Industrial exhaust systems certified by the New York State Department of Labor, at the request of the owner, as complying with the requirements of this Article.
[Ord. of 9-17-1951, § 8]
The Air Pollution Inspector shall act on all applications pursuant to Section 11-20 within a reasonable time and shall notify the applicant, in writing, of his approval, conditional approval or denial of the application or of the need for additional information. The denial of an application shall include the reasons therefor and shall not prejudice the filing of a further application, without fee, meeting the objections so specified. Commencement of work covered by a conditional approval shall be deemed acceptance of all the conditions therein set forth.
[Ord. of 9-17-1951, § 9]
The Air Pollution Inspector shall be notified of completion of work for which an installation permit was issued immediately upon such completion and he or someone specifically authorized and designated by him shall promptly inspect the installation for compliance with the application, the permit and the provisions of this Article. He may authorize and designate another qualified person to make such inspection in his behalf. The Air Pollution Inspector may, in his discretion and pursuant to Section 11-24, require a test of the installation to establish compliance with Section 11-17.
[Ord. of 9-17-1951, § 10]
When, under the provisions of Sections 11-19 or 11-23, the Air Pollution Inspector shall require a test to establish compliance with Section 11-17, he may accept for this purpose a test conducted by a duly designated representative or agent of the owner of the installation; or he, or persons authorized and designated by him, may themselves conduct the test and shall be allowed access to the installation at reasonable hours for this purpose. He shall have authority, with the approval of the Common Council, to engage the services of specialists for the conduct of such tests.
[Ord. of 9-17-1951, § 11]
No person shall burn any garbage, refuse or rubbish in an open fire within the city, except in such manner as is prescribed by the Fire Chief. Such regulations of the Fire Chief shall not prohibit the use of outdoor cooking facilities. The Fire Chief, and his duly designated subordinates, shall enforce and administer this section.
[Ord. of 9-17-1951, § 12]
No person shall in any manner hinder, obstruct, delay, resist, prevent or in any way interfere or attempt to interfere with the Air Pollution Inspector, the Fire Chief or any individual to whom their authority has been duly delegated in the performance of any duty provided herein or refuse to permit such persons to perform their duty by refusing them or any of them entrance to property or premises containing equipment or open fires discharging or suspected of discharging smoke, dust or odor into the open air.
[Ord. of 9-17-1951, § 13]
All persons owning, operating or in charge of or in control of any equipment or property who shall cause, permit or participate in any violation of this Article, either as proprietors, contractors, owners, lessees, tenants, managers, superintendents, constructors, installers, mechanics, repairmen, foremen, janitors, engineers, firemen or otherwise, shall be individually and collectively liable for any penalties or punishment imposed therefor.
[Ord. of 9-17-1951, § 15]
The Air Pollution Inspector may, in his discretion, issue a warning and give any violator an opportunity to correct the cause of the violation before filing a formal complaint. Due consideration shall be given by the Air Pollution Inspector for the failure to make alterations or modifications caused by governmental restrictions affecting materials.