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CITY OF PORT ALBERNI
BYLAW NO. 4802
A BYLAW TO REGULATE EMISSIONS FROM
SOLID-FUEL BURNING APPLIANCES
.
WHEREAS the Community Charter gives Council the authority under section 8
(3) (h) [spheres of authority -- nuisances disturbances and other objectionable
situations] and this authority may be exercised in section 64 (c) for the emission
of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia that is
liable to foul or contaminate the atmosphere;
NOW THEREFORE the Council of the City of Port Alberni in open meeting
assembled enacts as follows:
1.
TITLE
This Bylaw may be cited as "City of Port Alberni Solid-Fuel Burning
Appliance Emissions Bylaw 2012, Bylaw No. 4802".
2.
PROHIBITION
No person shall install, or allow to be installed, either indoors or outdoors,
a solid-fuel burning appliance, furnace or boiler which is used for the
space heating of a building, the heating of water or other such purpose
unless it meets the emissions standards of CAN/CSA-B415.1 standard
"Performance Testing of Solid-Fuel-Burning Heating Appliances"
published by the Canadian Standards Association as amended from time
to time or the emissions standards of the "New Source Performance
Standards, Title 40, Part 60, Sub-part AAA of the Code of Federal
Regulations (USA) (7-1-02 Edition), published by the United States
Environmental Protection Agency" as amended from time to time.
3.
EXISTING NON-COMPLIANT DEVICES
Existing solid-fuel burning devices not in compliance with Section 2 above
will be permitted to remain in service until May 31, 2017, providing that the
appliance, its installation and use otherwise meet required safety
standards. Thereafter, any such appliance must be permanently
disconnected and removed from the structure.
Bylaw #4802
Page 2
Effective May 31st, 2013, prior to the completion or consummation of a
sale or transfer of any real property containing an existing solid-fuel
burning device not in compliance with Section 2 above, said device will be
permanently disconnected and removed from the structure.
4.
FUEL
Only wood pellets or untreated, non-contaminated, and seasoned wood
with a moisture content of 20% or less shall be burned in a wood burning
appliance or fireplace.
5.
INSPECTION
An inspector may order the extinguishment of any fire that is in violation of
this bylaw.
An inspector as specified in Section 6.3 below may enter and inspect any
land or premises in which burning is being conducted, for the purpose of
determining compliance with this bylaw.
6.
OFFENSES AND PENALTIES
1)
Any person who violates any provision of this Bylaw is guilty of an
offence against this Bylaw and is subject to a minimum fine of
$200.00. Each day that a violation continues to exist is deemed to
be a separate offence against the Bylaw.
2)
This Bylaw is designated pursuant to section 264 of the Community
Charter, S.B.C. 2003, c.26 as a bylaw that may be enforced by
means of a ticket in the form prescribed.
3)
The Fire Chief, Deputy Fire Chief, Chief Fire Prevention Officer,
Building Inspectors and Bylaw Enforcement Officers are designated
to enforce this Bylaw by means of a ticket pursuant to section 264
of the Community Charter.
4)
The words or expressions listed in Schedule "A" of this Bylaw in the
"Description of Offence" column are authorized to be used on a
ticket pursuant to section 264(1)(c) of the Community Charter to
designate an offence against the respective section of this Bylaw
appearing opposite in the "Section" column. The amounts
appearing in the "Fine" column are the fines set pursuant to section
265 of the Community Charter for contravention of the respective
section of this Bylaw appearing opposite in the "Section" column.
Bylaw #4802
Page 3
7.
SEVERABILITY
If any section or lesser portion of this Bylaw is held to be invalid by a
Court, such invalidity shall not affect the remaining portions of the Bylaw.
8.
REPEAL
"City of Port Alberni Solid-Fuel Burning Appliance Emissions Bylaw No.
4651, 2006", is hereby repealed.
READ A FIRST TIME THIS 28TH DAY OF MAY, 2012.
READ A SECOND TIME THIS 28TH DAY OF MAY, 2012.
READ A THIRD TIME THIS 28TH DAY OF MAY, 2012.
FINALLY ADOPTED THIS 11TH DAY OF JUNE, 2012.
_______________________________
________________________________
Mayor
Clerk
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Bylaw #4802
Page 4
SCHEDULE "A"
FINE SCHEDULE
Description of Offence
Section #
Amount of Fine
Installation of uncertified device
2
$200.00
Connected non-compliant device
3
$200.00
Use of non-compliant fuel
4
$200.00
Obstruction of inspector
5
$200.00
J:\Clerks\Bylaws\BYLAWS\4802_SolidFuelBurning_tm.docx