[Code 1955, § 3-2.1.]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Gas and airborne particles larger than one micron in mean
diameter.
Any device for separating dust from the gas medium in which
it is carried.
Any furnace, incinerator, refuse-burning equipment, boiler,
apparatus, device, mechanism, stack or structure used in the process
of burning fuel or combustible material, excepting cooking stoves
or ranges, service water heaters, room or space heaters that use gas,
kerosene or gasoline as fuel, and such equipment as is covered by
this Code.
Gases or vapors that are of such character as to create an
unclean, destructive, offensive or unhealthful condition.
An engine in which combustion of a gaseous, liquid or pulverized
solid fuel takes place within one or more cylinders.
Any fire wherein the products of combustion are emitted into
the open air and are not directed thereto through a stack or chimney.
The Ringelmann Chart, with instructions for use, as published
by the United States Bureau of Mines.
Small gas and air-borne particles consisting essentially
of carbonaceous material in sufficient number to be observable.
The Director of the Department of Community and Neighborhood
Services of the City or his or her authorized assistant or deputy.
Agglomerated particles consisting essentially of carbonaceous
material.
A flue, conduit or opening arranged for emitting air containing
dust and gases containing dust or smoke into the open air.
[Code 1955, § 3-2.2.]
The smoke regulation officer shall carry out and enforce the
provisions of this chapter. In carrying out and enforcing the provisions
of this chapter, the smoke regulation officer shall be privileged
to call upon the Chief of the Fire Department and the Chief of the
Police Department and to receive from them such advice and assistance
as may be within their respective powers and functions to render.
[Code 1955, § 3-2.3.]
To secure the enforcement of the provisions of this chapter,
the smoke regulation officer shall perform the following duties:
[Code 1955, § 3-2.6.]
No person shall in any manner hinder, obstruct, delay, resist,
prevent or in any way interfere or attempt to interfere with the smoke
regulation officer, his or her assistant or deputy, or any of his
or her or their subordinates, in the performance of any duty imposed
or required of them by this chapter, or, after proper identification,
refuse to permit such persons to perform their duty by refusing them,
or any of them, entrance to the premises at reasonable hours.
[Code 1955, § 3-2.4.]
If, upon inspection, it is found that any fuel burning equipment
is in such condition that it cannot be operated within the provisions
of the chapter, the smoke regulation officer shall give notice in
writing to the person owning, operating or in charge of such equipment
of the defects found and an order to correct, repair or replace the
defective equipment. Failure to comply with this order within 30 days
from its date shall be a violation of this section.
[Code 1955, § 3-2.5.]
No person shall cause, suffer or allow to be emitted into the
open air from any fuel-burning equipment, internal combustion engine,
premises or open fire, smoke the shade or appearance of which is equal
to or darker than No. 2 of the Ringelmann chart excepting:
(a)Â
Smoke, the shade or appearance of which is equal to but not darker
than No. 2 of the Ringelmann chart for one or more periods aggregating
four minutes in any 30 minutes;
(b)Â
When building a new fire, or blowing down or cleaning flues, or when
break-down of equipment occurs such as to make it evident that the
emission was not reasonably preventable, smoke, the shade or appearance
of which is equal to but not darker than No. 3 of the Ringelmann chart
for one or more periods aggregating three minutes in any 15 minutes;
provided, that wherever possible flues shall be blown down or cleaned
during the nighttime.
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For the purpose of grading the shade or appearance of smoke,
the Ringelmann chart as now published and used by the United States
Bureau of Mines, which is hereby made a part of the chapter by reference,
shall be the standard.
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No person shall cause, suffer or allow to be emitted into the
open air from any fuel-burning equipment or premises or to pass a
convenient measuring point nearest to the stack outlet, dust in the
gases to exceed eighty-five hundredths pound per one thousand pounds
of gases, adjusted to 50% excess air for products of combustion; except,
that for fuel-burning equipment constructed or installed subsequent
the effective date of this chapter, special dust-separating equipment
with up to 85% efficiency may be required, and that for fuel-burning
equipment constructed or installed prior to the effective date of
this chapter, special dust-separating equipment with up to 75% efficiency
may be required. The limitations given shall be waived during periods
when break-down of equipment occurs such as to make it evident that
the emission was not reasonably preventable. The amount of solids
in the gases shall be determined according to the Test Code for Dust-Separating
Apparatus of the American Society of Mechanical Engineers, revised
and amended to the date of the adoption of this chapter, which is
hereby made a part of this chapter by reference.
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[Code 1955, § 3-2.8.]
Each person who shall be the owner, agent or lessee of fuel-burning
equipment, except such as use gas fuel only, and except coal-burning
boilers of not to exceed 20 horsepower rating or of 2,500 square feet,
or less, of equivalent direct radiation, shall provide means whereby
the firefighter, engineer or other person firing the fuel-burning
equipment may be enabled to know, without leaving the boiler or furnace
room, whether smoke is being emitted contrary to the provisions of
this chapter, so that the necessary corrections in firing may be made
promptly.
[Code 1955, § 3-2.7.]
Each person owning, operating or in charge or control of any
equipment, who shall cause or permit or participate in any violation
of this chapter, either as proprietor, owner, lessee, tenant, manager,
superintendent, constructor, installer, mechanic, repairman, captain,
janitor, engineer, firefighter or otherwise, shall be individually
and collectively liable for any penalties resulting from a violation
of this chapter.
Each violation of any provision of this chapter shall be deemed a misdemeanor and shall be punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 90 days, or both, and shall be subject to the nuisance proceedings referred to in Section 1-10, where applicable.
[Code 1955, § 3-2.9.]
Every violation of the provisions of this chapter in respect
to the emission of smoke, soot, dust or fumes shall constitute a nuisance
per se.
