Chapter 8

Solid Fuel Heating Appliances

9-8-1: Objective

The objective of this chapter is to protect air quality resources vital to public health, safety and economic future of the City by controlling emissions from solid fuel and refuse burning. (1952 Code § 4-06-01)

9-8-2: Applicability And Construction

A. Applicability: The provisions of this chapter shall apply to all areas of the City. (1952 Code § 4-06-02)

B. Construction: Nothing in this chapter shall be construed as conflicting with any other section of this Code. (1952 Code § 4-06-20)

9-8-3: Definitions

For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. The word "shall" is always mandatory not merely directory.

AIR POLLUTION: The presence in the outdoor atmosphere of any contaminant or combinations thereof in such quality or of such nature and duration and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to property, or to interfere unreasonably with the enjoyment of life or property.

AIR QUALITY INDEX (AQI): A national system used to report local, daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from 0 (good) to 500 (hazardous) with the pollutant that has the highest ambient concentration determining the AQI.

BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether publicly or privately owned, or any other structure as defined by the International Building Code as adopted by the City in section 9-1-2 of this title.

BURN DOWN: That period of time following an air pollution alert, required for the cessation of combustion within any solid fuel heating appliance included within this chapter.

CLEAN BURNING APPLIANCE: A solid fuel heating appliance that the U.S. Environmental Protection Agency (EPA) has certified to meet acceptable emission performance standards.

ECONOMIC HARDSHIP: Fifty percent (50%) or less of the Boise City median income as established by the U.S. Department of Housing and Urban Development (HUD).

OPEN BURNING: The combustion of any material not contained in a heating appliance or incinerator.

PM-2.5: Airborne particles 2.5u or less in diameter.

PM-10: Airborne particles 10u or less in diameter.

PERSON: Any individual, firm, partnership, association, corporation, company, organization, or governmental entity.

REFUSE: All solid wastes, garbage and rubbish, including, but not limited to, cardboard, plastic, rubber, styrofoam, petroleum products, food stuff, Christmas trees, yard debris or chemically treated wood.

REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse. Natural gas fired pathological incinerators are excluded.

SOLID FUEL: Any form of untreated wood or coal.

SOLID FUEL HEATING APPLIANCE: A. An enclosed device designed for solid fuel combustion that meets all of the following criteria:

1. An air to fuel ratio averaging less than thirty five to one (35:1);

2. Firebox volume less than twenty (20) cubic feet;

3. Minimum burn rate less than five (5) kg./hr.; and

4. Maximum weight of less than eight hundred kilograms (800 kg).

B. Explicitly excluded are furnaces, boilers, cookstoves and open fireplaces. (1952 Code § 4-06-03)

9-8-4: Air Quality Designations And Wood Burning Ban Criteria

A. Monitoring: The quality of the City's air shall be determined by monitoring pollutant levels with equipment and methods approved by the State Department of Environmental Quality (DEQ).

B. AQI Value: In order to prevent the existence of air quality that is unhealthful, a wood burning ban will be declared whenever the State DEQ reports an AQI value of 74 or greater for any pollutant measured by an approved monitor within the Treasure Valley and air stagnation conditions are forecasted to continue for at least twenty four (24) hours. (1952 Code § 4-06-04)

9-8-5: Burning Solid Fuel Or Refuse

A. No person shall cause or allow refuse or coal to be burned in a solid fuel heating appliance designed for wood fuel.

B. No person shall cause or allow a refuse incinerator to be operated contrary to design specifications and manufacturer's instructions. (1952 Code § 4-06-06)

9-8-6: Wood Burning Ban; Additional Restrictions

At the onset and during the pendency of a wood burning ban, the following additional restrictions apply:

A. Operation Prohibited: No person shall cause or allow, after a three (3) hour "burn down" period, the operation of a solid fuel heating appliance or open fireplace, unless an exemption has been granted by Planning and Development Services.

B. Incinerator: No person shall cause or allow the operation of a solid waste incinerator.

C. Open Burning: No person shall cause or allow open burning of refuse. (1952 Code § 4-06-07)

9-8-7: Exemptions To Wood Burning Ban

A. Conditions: Planning and Development Services shall grant exemptions from this chapter if it is determined by the Planning and Development Services Director or designee that:

1. A solid fuel heating appliance is the sole source of heat for the building in which it is situated; or

2. An economic hardship exists.

B. Hearing Upon Denial Of Exemption: Any person denied an exemption under this chapter shall be provided, at the option of the applicant for exemption, a hearing before the Public Works Commission as provided for in this chapter. (1952 Code § 4-06-08)

9-8-8: Solid Fuel Heating Appliance Installation

A. Certification Required: It shall be unlawful on or after July 1, 1987, for any person in the City to advertise for sale, offer to sell, or sell, for installation in any new or existing building, or to install or allow to be installed in any new or existing building, a solid fuel heating appliance which has not been certified as clean burning by the United States Environmental Protection Agency (EPA).

B. List Maintained: Planning and Development Services shall maintain a list of appliances certified to be clean burning by the U.S. Environmental Protection Agency. (1952 Code § 4-06-09)

9-8-9: Denial Of Exemption

A. Notification: Upon a showing of sufficient cause to believe that grounds exist for denial of an exemption or the rules and regulations of the Planning and Development Services, as provided for in this chapter, the Director or designee may deny said exemption by notifying the applicant by certified mail, personal service or substituted service of the grounds for said denial and of the applicant's opportunity to appeal said denial to the Public Works Commission.

B. Failure To Receive Notice: Failure of a person to actually receive a notice sent or served, shall not invalidate the denial.

C. Application For Hearing: The applicant, upon receiving notice of the denial, may appeal said denial by making application for a hearing before the Public Works Commission within ten (10) working days of receipt of above notice. (1952 Code § 4-06-10)

9-8-10: Denial Hearing And Determination By Commission

The hearing shall be before the Public Works Commission. At such hearing, the Public Works Commission may:

A. Approve the denial by the Director or designee; or

B. Allow the issuance of the exemption with modifications or conditions as the commission may impose, such modifications or conditions to be reasonably related to the use of the exemption. (1952 Code § 4-06-11)

9-8-11: Appeal Of Decision Of Commission

The decision of the Public Works Commission may be appealed to the City Council by filing written notice of the appeal to the City Clerk within fifteen (15) days of the date the commission decision is received. (1952 Code § 4-06-12)

9-8-12: Penalty

The violation of any of the provisions of this chapter, or the failure or omission to perform any duty imposed by the provisions of this chapter, is hereby declared unlawful and punishable as a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 4-06-19; amd. 2019 Code)