[HISTORY: Adopted by the City Council of the City of Orange 11-5-69 by Ord. No. 129-69.[1] Amendments noted where applicable.]
It is hereby declared that pollution of the atmosphere by smoke,
cinders, soot, fly ash, gases, fumes, vapors, odors, dust and other
contaminants is a menace to the health, welfare and comfort of the
residents of the city and a cause of substantial damage to property.
For the purpose of controlling and reducing atmospheric pollution,
it is hereby declared to be the policy of this city to minimize air
pollution, as defined in this chapter, and prohibit excessive emission
of the same and to establish standards governing the installation,
maintenance and operation of equipment and appurtenances relating
to combustion which is a source or potential source of air pollution.
[Amended 2-20-73 by Ord. No. 10-73; 11-16-2020 by Ord. No. 50-2020]
The following terms wherever used herein or referred to in this
chapter shall have the respective meanings assigned to them, unless
a different meaning clearly appears from the context:
The presence in the outdoor atmosphere of one (1) or more
air contaminants in such quantities and duration as are, or tend to
be, injurious to human health or welfare, animal or plant life or
property or would unreasonably interfere with the enjoyment of life
or property throughout the state and in such territories of the state
as shall be affected thereby, and excludes all aspects of employer-employee
relationship as to health and safety hazards.
Non-combustible containers approved by the by the Fire Official
for use in burning open fires or outdoor fires, which include but
may not be limited to chimeneas, outdoor fireplaces, fire pits, patio
warmers or other portable wood-burning devices used for outdoor recreation
and/or heating which meet the minimum standards set forth in this
chapter.
A small outdoor fire intended for recreation or cooking,
but not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
Equipment in which heat from the combustion of fuel is transferred
to a substance being heated so that the latter is contacted by the
products of combustion and may contribute to the total effluent.
The Fire Official of the City of Orange or such other person
designated by him or the Fire Director.
Solid, liquid or gaseous materials used to produce useful
heat by burning.
Waste, animal or vegetable matter from houses, kitchens,
restaurants, hotels, produce markets or any other source, or food
of any kind to be thrown away.
Vegetative waste derived from gardening and/or landscaping
activities, including but not limited to weeds, vines, dead garden
plans and other similar vegetative waste.
Formless fluids which, under standard conditions, occupy
the space of enclosure and which can be changed to the liquid or solid
state only by the combined effect of increased pressure and decreased
temperature.
Equipment in which heat from the combustion of fuel is transferred
by conduction through a heat-conducting material to a substance being
heated, so that the latter is not contacted by and adds nothing to
the products of combustion.
Any maximum linear perpendicular distance from an inside
wall of a stack or chimney to the inside of an opposite wall, such
as the diameter of a circular cross section or the length or width
of a rectangular cross section.
The property of a substance which renders it partially or
wholly obstructive to the transmission of visible light expressed
as the percentage to which the light is obstructed.
Any fire wherein the products of combustion are emitted into
the open air and are not directed thereto through the stack or chimney
of an incinerator.
Open burning or burning in an outdoor wood-fired boiler or
patio wood burning unit.
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or who shall have charge,
care or control of any dwelling or dwelling unit as owner or agent
of the owner or as fiduciary, including but not limited to executrix,
administrator, administratrix, trustee, receiver or guardian of the
estate, or as a mortgagee in possession, regardless of how such possession
was obtained. Any person who is a lessee subletting or reassigning
any part or all of any dwelling or dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint, responsibility
over the portion of the premises sublet or assigned by said lessee.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals,
and shall also include all political subdivisions of this state or
any agencies or instrumentalities thereof.
Garbage and any other waste material except yard waste and
garden waste.
The Ringelmann's Scale for Grading the Density of Smoke,
published by the United States Bureau of Mines, or any chart, recorder,
indicator or device for the measurement of smoke density which is
approved by the New Jersey Department of Environmental Protection
as the equivalent of said Ringelmann's Scale for the measurement of
smoke density.
Waste solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood excelsior, papers, ashes, furniture, tin cans, glass, crockery,
masonry and other similar materials.
Any operation or activity from which is salvaged or reclaimed
any product or material, including but not limited to metals, chemicals
or shipping containers.
Small gasborne and airborne particles, exclusive of water
vapor, arising from a process of combustion in sufficient number to
be observable.
A flue, conduit or opening designed and constructed for the
purpose of emitting air contaminants into the outdoor air.
Smoke which obscures light to a degree readily discernible
by visual observation.
Vegetative and similar waste generated by general property
maintenance including but not limited to leaves, brush, vines, evergreen
needles, grass clippings and branches smaller than three inches in
diameter.
No person or owner of property, or person having possession
or control thereof, shall cause, suffer, allow or permit to be emitted
into the open air substances in such quantities as shall result in
air pollution. The provisions of this section shall not apply to the
use of economic poisons.
[Amended 2-20-73 by Ord. No. 10-73; 11-16-2020 by Ord. No. 50-2020]
A.
Open burning and outdoor burning prohibited except where expressly
permitted. Except as otherwise set forth below, open burning and outdoor
burning is strictly prohibited by the City of Orange unless such burning
is specifically permitted in this Ordinance.
B.
Burning of certain materials is strictly prohibited. Open burning
and outdoor burning of the following materials is strictly prohibited:
(1)
Refuse;
(2)
Yard wastes, including but not limited to leaves, brush, vines evergreen
needles, grass clippings and branches smaller than three inches in
diameter;
(3)
Garden waste, including but not limited to weeds, vines, dead garden
plants and other vegetative waste;
(4)
Construction and demolition waste;
(5)
Treated and/or pressure-treated lumber;
(6)
Paper products;
(7)
Aluminum, glass or plastic cans, bottles or containers; and
(8)
Any materials not mentioned above other than Clean Wood.
C.
Use of outdoor wood-fire boiler prohibited. No individual shall install,
use or maintain an outdoor wood-fired boiler in the City of Orange.
D.
Use of flammable liquids strictly prohibited. The use of any type
of flammable liquids to ignite, accelerate or maintain an open fire
or outdoor fire is strictly prohibited.
[Added 11-16-2020 by Ord.
No. 50-2020]
A.
Where permitted; when permit required.
(1)
Subject to all terms and conditions of this chapter, open burning
and outdoor burning shall be permitted without a permit at all single-family
dwelling duplexes and townhouses; and
(2)
The provisions of this section shall not apply to:
(a)
Variances approved and issued by the New Jersey Department of
Environmental Protection in accordance with Chapter II, Section 5,
of the New Jersey Air Pollution Control Code;
(b)
Open burning of refuse for training or research exercises when
conducted at a permanent facility or training center designed to be
used solely for such purposes on a continuing basis;
(c)
Grilling or cooking food using a charcoal, wood, propane or
natural gas in a cooking or grilling appliance;
(d)
Burning for the purpose of generating heat in a stove, furnace,
fireplace or other heating device within a building used for human
habitation;
(e)
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating construction or maintenance activities.
(f)
Any person interested in open burning or outdoor burning at any location or for any purpose other than set forth in Subsection A(1) and (2) above, including but not limited to a campfire, shall be required to apply to the Fire Official, or his designee, to obtain a permit prior to commencing or maintaining any open fire or outdoor fire. The open burning/outdoor burning permit fee shall be $54.
B.
Conditions of open burning and outdoor burning.
(1)
All fires shall be contained in an approved container only;
(2)
An ABC type fire extinguisher with a minimum size of 2A:10B:C shall
be present at all times while an open fire or outdoor fire is burning;
(3)
All open fires or outdoor fires shall be limited to a maximum of
three feet in diameter and two feet in height;
(4)
All openings in the approved container shall be covered with wire
mesh or other non-combustible screening material that will prevent
the passage of sparks and embers;
(5)
Only clean wood may be used in any open fire or outdoor fire;
(6)
All open fires or outdoor fires shall be kept to a minimum of 15
feet from any structure or combustible exterior wall;
(7)
Open fires and outdoor fires must be attended and maintained by an
individual of the age of 18 years or older until the fire is completely
extinguished;
(8)
No open fire or outdoor fire shall be attended or maintained by an
individual under the age of 18 years; provided, however, that nothing
herein shall prohibit individuals under the age of 18 from enjoying
an open fire or outdoor fire for recreational purposes so long as
any such minor is accompanied by at least one adult over the age of
18;
(9)
No open fire or outdoor fire shall be conducted on any porch, deck,
balcony or other portion of a building; within any room or space within
a building; or under any building overhang; provided, however, that
an open fire or outdoor fire may be conducted on a concrete or stone
patio if and only if all other provisions of this section are met.
(10)
All open fires and outdoor fire shall be completely extinguished
by 11:00 p.m.; and
(11)
No person shall cause an open fire or outdoor fire to be used
or maintained in such a manner as to cause a nuisance to neighbors.
C.
Compliance required with international fire code. In addition to
complying with the terms and conditions set forth in this section,
all open burning and outdoor burning shall comply with the provisions
of the International Fire Code, New Jersey Edition 2006, Section 307
(Open Burning and Recreational Fire), as same may be amended from
time to time.
D.
Liability. A person utilizing or maintaining an open fire or outdoor
fire shall be responsible for all fire suppression costs and any other
liability resulting from damage caused by the fire.
[Amended 2-20-73 by Ord. No. 10-73]
A.
No person shall cause, suffer, allow or permit visible smoke to be
emitted into the outdoor air from the combustion of fuel in any stationary
indirect heat exchanger having a rated hourly capacity of less than
two hundred million (200,000,000) Btu's gross heat input or discharging
through a stack or chimney having an internal cross-sectional dimension
of less than sixty (60) inches.
B.
No person shall cause, suffer, allow or permit smoke the shade or
appearance of which is darker than No. 1 on the Ringelmann Smoke Chart
or greater than twenty percent (20%) opacity, exclusive of water vapor,
to be emitted into the outdoor air from the combustion of fuel in
any stationary indirect heat exchanger having a rated hourly capacity
of two hundred million (200,000,000) Btu's or greater gross heat input
or discharging through a stack or chimney having all internal cross-sectional
dimensions of sixty (60) inches or greater.
D.
The provisions of this section shall not apply to direct heat exchangers
or manufacturing processes or any motor vehicle while operating on
the public highways.
A.
All fuel-burning equipment hereafter installed using more than ten
thousand (10,000) gallons per year of No. 5 or No. 6 oil or oils blended
with No. 5 or No. 6 oil or bituminous coal shall be provided with
an automatic smoke alarm with the sensitive element set at a suitable
location on the breeching between the boiler and stack. The alarm
system shall be maintained in good operating order.
B.
All existing installations using more than ten thousand (10,000)
gallons per year of No. 5 or No. 6 oil or twenty thousand (20,000)
gallons per year of oils blended with No. 5 or No. 6 oil (as most
No. 4 oils are) or fifty (50) tons of coal per year shall also have
installed by June 30, 1969, an automatic smoke alarm with the sensitive
element set at a suitable location on the breeching between the boiler
and the stack. The alarm system shall be maintained in good operating
order.
C.
The installation of new soot-blowing equipment for the removal of
soot from boilers by causing the soot to be discharged into the atmosphere
shall be, hereafter, prohibited.
[Amended 11-16-2020 by Ord. No. 50-2020]
A.
Except as hereinafter provided, persons burning solid or liquid fuel
whose products of combustion are discharged into the open air from
a stack or chimney shall submit to the Fire Official information for
each such stack or chimney relating to place, type of fuel burned,
heat content in fuel burned, quantity of fuel burned per hour and/or
year, description of combustion equipment, usual period of operation,
height and size of outlet and description of air pollution control
equipment, and such other and pertinent information as may be requested,
on forms provided for that purpose by the Fire Official. The application
forms shall also require submission of name, address and telephone
number of the person responsible for day-to-day operation and also
for the person responsible for maintenance of any such equipment.
Any changes in the name, address or telephone number of such person
shall be reported within ten (10) days of the occurrence of such change
to the Fire Official.
B.
Such information shall be submitted to the Fire Official within ninety
(90) days after either new installations are placed into service or
existing installations are altered. Nothing herein shall be construed
as relieving any person from the requirements of the Building. Code
of the city.[1] Additional reports concerning these items may be requested
by the Fire Official.
C.
The provisions of this section shall not apply to equipment designed
or used in which the heat content of the fuel burned is not more than
one million (1,000,000) British thermal units per hour, except that
equipment designed for use or actually using No. 5 or No. 6 fuel oil,
oils blended with No. 5 or No. 6 (as most No. 4 oils are) or coal.
[Amended 11-16-2020 by Ord. No. 50-2020]
A.
No person shall operate and no owner or operator of any building
in the city shall permit the operation of an incinerator without a
duly issued permit issued by the Fire Official in accordance with
this chapter.
B.
No person shall operate and no owner or operator of any building
in the city shall permit the operation of an incinerator prior to
9:00 a.m. or after 5:00 p.m., and all operation shall be completely
terminated by 5:00 p.m., including complete extinction of the fire
and removal of materials from the firebox to a noncombustible container
in a safe manner; provided that, by special permit, the Fire Official
may, because of exceptional circumstances, permit different hours
of operation under such conditions as he shall deem necessary for
the health, safety and welfare of the public or of persons in the
vicinity.
C.
No person shall operate and no owner or operator of any building
in the city shall permit the operation of an incinerator in violation
of any other provision of this chapter.
D.
Applications for permits to operate incinerators shall be made on
forms provided by the Fire Official and shall provide such information
as may be necessary to determine the nature of the installation, safety
and fire-protection devices, design and devices sufficient to ensure
against air pollution, necessary information as to persons responsible
for operation and for maintenance and qualifications therefor and
such pertinent information as may be necessary for protection of the
public welfare, safety, health and interest.
E.
The Fire Official shall recommend issuance of a permit for the operation of an incinerator after examining the application and inspecting the facility and being satisfied that it may be operated in accordance with this chapter. Such permit may be conditioned on improvements being made within a prescribed time or on certain operating restrictions if necessary to comply with this chapter. All permits shall be issued by the Health Officer of the city and shall expire on June 30 following their issuance or at such time prior thereto as any conditions or restrictions shall not be complied with. Each incinerator shall require a permit for which the annual fee shall be as provided in Chapter 88, Fees, payable to the Health Officer of the city, and the procedures governing the permit shall be in accordance with this chapter and other ordinances of the city.
[Amended 5-18-1982 by Ord. No. 16-82]
F.
The Fire Official may take all necessary steps to seal any incinerator
which has been operated without a duly authorized permit issued pursuant
to this chapter.
G.
Where the operation of an incinerator constitutes an immediate and
substantial menace to public health and safety or is a substantial
source of air pollution causing irritation and discomfort to persons
in the vicinity and the owner or operator fails, upon written or oral
notice, to take immediate corrective measures, the Fire Official may
take all necessary measures to abate the condition, including but
not limited to ordering the cessation of use of the equipment and
sealing the same, pending a hearing in the Municipal Court.
H.
All incinerators hereafter installed shall be constructed and installed
in accordance with the current specifications of the I.I.A. Incinerator
Standards, as published by the Incinerator Institute of America, and
any subsequent amendments thereto, except as the standards may be
modified by regulations promulgated and filed by the Fire Official
in accordance with this chapter or by the Building Code of the city.
I.
To the extent feasible, existing installations shall be maintained
in accordance with and, if altered, repaired, renovated or converted,
to conform to the I.I.A. Incinerator Standards Specifications adopted
as part of this chapter. Prior to altering, renovating or converting
any existing incinerator, the owner or person in charge thereof shall
apply for an alteration permit therefor from the Director, specifying
the type and nature of any such change in the installation. The Fire
Official may condition the permit on compliance with the aforesaid
standards to the extent compliance is feasible. Upon request of the
owner, the Fire Official shall hold a hearing upon written notice
and within fifteen (15) days of the aforesaid request on any proposed
condition or order of the Fire Official requiring compliance with
the standards, at which time the applicant can present such proofs,
information or data as may relate to the issuance of the alteration
permit, the conditions attached thereto and the applicability and
feasibility of the aforesaid standards. In determining feasibility
as applied to proposed changes in existing incinerators, the Fire
Official shall weigh the physical and financial difficulties of making
such change as against the effect of such change in eliminating or
curtailing the likelihood of air pollution. The Fire Official shall
make a determination of the application or order within ten (10) days
after the hearing, and the issuance of the permit by the Health Officer
of the city shall be in accordance therewith. This section does not
void the applicant's obligation to obtain necessary permits from other
governmental agencies.
J.
No person shall cause, suffer, allow or permit smoke from any incinerator
the shade or appearance of which is darker than No. 1 of the Ringelmann
Smoke Chart to be emitted into the open air; or emissions of such
opacity within a stack or chimney or, exclusive of water vapor, of
such opacity leaving a stack or chimney to a degree greater than the
emission designated as No. 1 of the Ringelmann Smoke Chart.
K.
The provisions of Subsection J of this section shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not greater than No. 2 of the Ringelmann Smoke Chart, for a period of three (3) consecutive minutes; or emissions of such opacity within a stack or chimney, or exclusive of water vapor, of such opacity leaving a stack or chimney to a degree greater than the emission designated as No. 2 of the Ringelmann Smoke Chart for a period greater than three (3) consecutive minutes.
L.
No person shall cause, suffer, allow or permit the emission of particles
of unburned waste or ash from any common incinerator or from any special
incinerator which are individually large enough to be visible while
suspended in the atmosphere.
M.
No person shall construct, install, use or cause to be used any common
incinerator or any special incinerator which will result in odors
being detectable by sense of smell in any area of human use or occupancy.
[Amended 11-16-2020 by Ord. No. 50-2020]
A.
The Fire Official, with the approval of the Board of Health, may
promulgate such rules and regulations consistent with this chapter
governing installation, maintenance and use of fuel-burning equipment,
incinerators, the burning of various types of fuel and fuel oil and
the types of matter subject to incineration as may be necessary to
minimize or eliminate air pollution. The Fire Official may conduct
such investigations, hold such hearings and make such tests as may
be necessary to establish specifications to be incorporated in such
rules and regulations. All regulations shall be filed fifteen (15)
days prior to the effective date thereof with the City Clerk, the
Mayor and the City Council. Fire Official shall also be responsible
for notifying the members of the public of new and amended regulations.
B.
All owners or operators of property on which there exists fuel-burning
equipment or incinerators, or both, shall secure from the Fire Official
such regulations as shall be re-produced and made available as to
the maintenance and operation of such equipment and incinerators,
and copies of the regulations shall be kept posted at all times by
the owner or operator at a conspicuous location at or near the equipment
or incinerator affected thereby; and copies of such regulations shall
be distributed personally to each person who has responsibility for
the maintenance or operation of said equipment or incinerator on behalf
of the owner or operator. The Fire Official may require the posting
by the owner or operator at specified locations of such other permanent-type
signs as may be necessary and desirable to instruct personnel or occupants
of the premises as to the proper maintenance and operation of the
equipment or incinerator.
[Amended 11-16-2020 by Ord. No. 50-2020]
A.
There is hereby established that the Fire Official is hereby vested
with the duty of enforcing and administering this chapter and with
all other duties and powers provided herein. The Fire Official may
appoint or designate other employees or officers of the city to perform
duties necessary for the enforcement of this chapter.
[Amended 11-16-2020 by Ord. No. 50-2020]
A.
Emergency inspections.
(1)
Emergency inspections may be authorized without warrant if the Fire
Official has reason to believe that a condition exists which poses
an immediate threat to life, health or safety. Such procedure shall
only take place where the time taken to apply for and secure the issuance
of a warrant would render ineffective the immediate action necessary
to abate the condition. Emergency inspections may also be authorized
by the Governor in times of air pollution emergencies in accordance
with N.J.S.A. 26: 2C-32.
(2)
Where the Fire Official or his agent is refused entry or access or
is otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises, such person shall be
in violation of this chapter and subject to the penalties hereunder.
B.
Search warrants.
(1)
The Fire Official may, upon affidavit, apply to the Judge of the
Municipal Court of the city for a search warrant setting forth factually
the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this chapter may
exist on the premises, including one (1) or more of the following:
(a)
That the premises require inspection according to the cycle
established by the city for periodic inspections of premises of the
type involved.
(b)
That observation of external conditions (smoke, ash, soot, odors)
of the premises and its public areas has resulted in the belief that
violations of this chapter exist.
(c)
Circumstances such as age and design of fuel-burning equipment
or system, type of incinerator, particular use of the premises or
other factors which render systematic inspections of such buildings
necessary in the interest of public health and safety.
(2)
If the Judge of the Municipal Court of the city is satisfied as to
the matter set forth in the affidavit, he shall authorize the issuance
of a search warrant permitting access to and inspection of that part
of the premises on which the nuisance or violation may exist.
C.
All buildings and premises subject to this chapter are subject to
inspection from time to time by the Fire Official or his duly authorized
representatives. All rooms and areas in the building shall be available
and accessible for such inspection, which shall be made during usual
business hours if the premises are used for nonresidential purposes,
provided that inspections may be made at other times if:
(1)
The premises are not available during the foregoing hours for inspection;
(2)
There is reason to believe that violations are occurring on the premises
which can only be apprehended and proved by inspection during other
than the prescribed hours; or
(3)
There is reason to believe a violation exists of a character which
is an immediate threat to health or safety requiring inspection and
abatement without delay.
A.
Any person who violates any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not exceeding five hundred
dollars ($500.) or imprisonment for a period not exceeding ninety
(90) days, or both.
[Amended 5-18-1982 by Ord. No. 16-82]
B.
Each violation of a section or subsection of this chapter shall constitute
a separate and distinct violation independent of any other section
or subsection or any order issued pursuant to this chapter. Each day's
failure to comply with any such section or subsection shall constitute
a separate violation.
A.
In order to provide ways and means of disposing of leaves only in
the fall and ways and means of disposing of garden rakings, grass
and hedge trimmings and small branches in the spring, the City Council
shall designate by resolution a period in each season to be set aside
for the collection of the refuse as described and limited in this
section; and such resolution shall contain the method of collection
and the rules and regulations under which such collections will be
carried out by the city.
B.
Cleanup weeks. In addition to the provisions for the disposal of limited types of refuse as listed in Subsection A, if there is provided as a matter of custom special cleanup weeks; and the City Council in cognizance of the provisions herein made and heretofore established, as described in Subsection A, does hereby deem that sufficient ways and means now exist as an alternative to open-air burning.
