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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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7-2.3   Diesel Emissions Reductions.
   (A)   Purpose. 
      (1)   The purpose of this Section is to minimize the public health risks associated with exposure to diesel particulate emissions by establishing requirements relating to the use of ultra-low sulfur diesel fuel and diesel emissions control technology by non-road and on-road diesel vehicles used in city projects and services, and by city owned, leased or operated diesel vehicles.
      (2)   It is further the purpose of this Section to protect the public health and the environment by reducing vehicular emissions and conserving fuel.
   (B)   Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      APCC. The Air Pollution Control Commission.
      CARB. The California Air Resources Board or any successor Agency.
      CONSUMER PRICE INDEX. The annual average Consumer Price Index (“CPI-U”) as determined by the United States Bureau of Labor Statistics.
      DIESEL EQUIPMENT. Any diesel-powered equipment greater than 50 brake- horsepower.
      EPA. The United States Environmental Protection Agency or any successor Agency.
      NON-ROAD VEHICLE. A vehicle that is powered by a non-road diesel engine 50 brake- horsepower or greater and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, backhoes, bulldozers, compressors, cranes, excavators, generators and similar equipment; NON-ROAD VEHICLES do not include locomotives or marine vessels.
      ON-ROAD VEHICLE. Any self-propelled vehicle designed for transporting persons or property on a street or highway that operates on diesel fuel and that has a gross vehicle weight rating of 14,000 pounds or more.
      ULTRA LOW SULFUR DIESEL FUEL. means diesel fuel that has a sulfur content of no more than 15 parts per million.
      VERIFIED OR CERTIFIED RETROFIT TECHNOLOGY. Diesel emissions control technology that appears on the Verified Retrofit Technologies List of EPA or CARB or any successor list or that has been certified by its manufacturer as meeting or exceeding emissions reductions provided by emission control technology on such a list, the adequacy of such certification being subject to review by the city.
   (C)   Idling.
      (1)   It shall be the duty of every Police Officer, every official or employee of the Transportation Department assigned the responsibilities provided in Subsection 6-6.2, and every Official or employee of the Air Pollution Control Commission who takes cognizance of a violation of any provision of M.G.L. Chapter 90, Sections 16A and 16B, as now or hereinafter amended, or any regulation, as now or hereinafter amended, promulgated by the Registry of Motor Vehicles pursuant to M.G.L. Chapter 90, Section 16B, to issue a written warning or to issue a written violation and to give the offender a notice to appear before the Parking Clerk, during regular Office hours, not later than 21 days after the date of the violation. The offender has the right to appeal a violation to the Parking Clerk, and that such hearings before the Parking Clerk will be conducted pursuant to M.G.L. Chapter 30A.
      (2)   (a)   The fine for any violation of the provisions of M.G.L. Chapter 90, Section 16A, as now or hereinafter amended, shall be $100 for the first offense, and $500 for each succeeding offense.
         (b)   The fine for any violation of the provisions of M.G.L. Chapter 90, Section 16B and 540 CMR 27.00 et seq., as now or herein after amended, shall be $100 for the first offense, and $500 for each succeeding offense.
      (3)   Any violation issued pursuant to this Section, and any appeal of such violation to the Office of the Parking Clerk, shall be done in accordance with the procedures set forth in M.G.L. Chapter 90, Section 20A½.
   (D)   City vehicles. 
      (1)   All on-road vehicles, non-road vehicles and diesel equipment owned, leased or operated by the city shall:
         (a)   Be powered by ultra-low-sulfur diesel fuel; and
         (b)   Meet EPA emissions standards for new vehicles in effect in 2007 or later for their respective classes of vehicle or have verified or certified retrofit technology that removes at least 20% of particulates from the exhaust stream.
      (2)   Notwithstanding the requirements of division (D)(1) above, the Commissioner of Public Works, in consultation with the Air Pollution Control Commission, may determine, if supported by data concerning annual vehicle usage, fuel consumption and emission rates, that a greater net reduction in diesel emissions can be achieved at a lesser cost to the city by withholding the installation of diesel emission control equipment from certain vehicles and installing higher-yield diesel emission control equipment on other vehicles. In such cases, equipment installation shall follow said determination. Vehicles receiving higher-yield emission control equipment and vehicles receiving none on this basis shall be specifically identified in the annual report required by division (F)(2) below.
      (3)   All on-road vehicles, non-road vehicles and diesel equipment owned, leased or operated by the city shall meet this requirement set forth in this division (D) by December 31, 2015.
      (4)   Exemptions: The following are exempt from the requirements of this division (D):
         (a)   Emergency vehicles, including, but not limited to, vehicles operated by the Boston Police Department, Boston Fire Department and Boston Emergency Medical Services;
         (b)   On-road vehicles, non-road vehicles and diesel equipment used solely for snow removal;
         (c)   On-road vehicles, non-road vehicles and diesel equipment in operation for fewer than 100 hours a year;
         (d)   On-road vehicles, non-road vehicles and diesel equipment to be sold, surplused or removed from service before December 31, 2015, as determined by the Director of Central Fleet Management; and
         (e)   On-road vehicles, non-road vehicles and diesel equipment identified in a cost-effectiveness determination, as specified in division (D)(2) above.
   (E)   Contract requirements. All contracts entered into by the city for construction projects and other projects and services having a total estimated cost in excess of $2,000,000 adjusted annually to reflect changes in the Consumer Price Index, shall require that on-road vehicles, non-road vehicles and diesel equipment used to fulfill the contract or any subcontracts:
      (1)   Be powered by ultra-low-sulfur diesel fuel; and
      (2)   Meet EPA emissions standards for new vehicles and equipment in effect in 2007 or later for their respective classes of vehicle or equipment; or have verified or certified retrofit technology that removes a significant percentage of particulates from the exhaust stream, as follows.
         (a)   1.   For contracts entered into on or after July 1, 2015 and before July 1, 2016, verified or certified retrofit technology shall be present on at least one half of all on-road vehicles, non-road vehicles and diesel equipment used to fulfill the contract and requiring retrofit technology, and shall remove at least 20% of particulates from the exhaust stream.
            2.   Exemptions: The following on-road vehicles, non-road vehicles and diesel equipment are exempt from the requirements relevant to contracts entered into on or after July 1, 2015 and before July 1, 2016 as provided in division (E)(2)(a)1. above:
               a.   On-road vehicles, non-road vehicles and diesel equipment, which are not owned by the contractor and on site for fewer than 30 days during the life of the project, or any lesser period of time as determined by the APCC pursuant to division (F)(4);
               b.   On-road vehicles, non-road vehicles and diesel equipment used solely for snow removal; and
               c.   On-road vehicles used solely for the delivery of products or goods to the city.
         (b)   1.   For contracts entered into on or after July 1, 2016 and before July 1, 2017, verified or certified retrofit technology shall be present on all on-road vehicles, non-road vehicles and diesel equipment used to fulfill the contract and requiring retrofit technology.
            2.   Exemptions: The following on-road vehicles, non-road vehicles and diesel equipment are exempt from the requirements relevant to contracts entered on or after July 1, 2016 and before July 1, 2017 as provided in division (E)(2)(b)1. above:
               a.   On-road vehicles, non- road vehicles and diesel equipment, which are not owned by the contractor and on site for fewer than 30 days during the life of the project, or any lesser period of time as determined by the APCC pursuant to division (F)(4) below;
               b.   On-road vehicles, non-road vehicles and diesel equipment used solely for snow removal; and
               c.   On-road vehicles used solely for the delivery of products or goods to the city.
         (c)   For contracts entered into on or after July 1, 2017, verified or certified retrofit technology:
            1.   Shall, if available for the vehicle or equipment, remove at least 85% of particulates from the exhaust stream;
            2.   If equipment required by division (E)(2)(c)1. above is not available, the verified or certified retrofit technology shall remove the highest possible percentage of particulates from the exhaust stream. All equipment within a five-point range shall be considered equivalent;
            3.   Notwithstanding the requirements of divisions (E)(2)(c)1. and 2. above, no retrofit technology shall be required that reduces the safety of operation for any vehicle or equipment, as determined by the requirements of the United States Occupational Safety and Health Administration or other similarly recognized national organization; and
            4.   Exemptions: The following on-road vehicles, non-road vehicles and diesel equipment are exempt from the requirements relevant to contracts entered on or after July 1, 2017 as provided in division (E)(2)(c)1. through 3. above:
               a.   On-road vehicles, non- road vehicles and diesel equipment retrofit before July 1, 2017, to meet the requirements of division (E)(2)(b)1 above;
               b.   On-road vehicles, non- road vehicles and diesel equipment, which are not owned by the contractor and on site for fewer than 30 days during the life of the project, or any lesser period of time as determined by the APCC pursuant to division (F)(4) below;
               c.   On-road vehicles, non- road vehicles and diesel equipment used solely for snow removal; and
               d.   On-road vehicles used solely for the delivery of products or goods to the city.
      (3)   Compliance with these requirements shall be deemed a cost of doing business and shall be considered incidental to the cost of the contract.
   (F)   Implementation. The Air Pollution Control Commission shall:
      (1)   Issue guidance to all city Departments and Agencies for implementing the requirements of this Section; obtaining documentation of compliance; and providing application procedures and deadlines about available local, commonwealth and federal public incentive programs to retrofit, re-power or replace older, more polluting diesel equipment;
      (2)   Issue an annual report on the overall progress of implementation to the Mayor and City Council;
      (3)   Upon request of a contracting Agency or as determined by the Commission, review the adequacy of manufacturer’s certification for retrofit technology;
      (4)   From time to time, after public hearing, review and change the length of time that diesel vehicles or equipment not owned by contractors may remain on project sites without having emissions reduction or retrofit technology. Any such change by the Commission shall apply to all contracts described in division (E) above and shall take effect in the following fiscal year;
      (5)   Every five years, review and, as appropriate, recommend to the Mayor changes in requirements for diesel emissions control equipment for all city and contract vehicles and equipment subject to this Section; and
      (6)   Notwithstanding other divisions of this Section, the Commission may participate in or offer grant programs to assist owners of diesel vehicles and equipment in reducing emissions from their vehicles.
   (G)   Enforcement and sanctions. Upon request, the Commission shall provide assistance to the contracting Agency in determining non-compliance with the ordinance. In the event of non-compliance, the contracting Agency shall immediately utilize all remedies available under the contract to address and halt the noncompliance, including, where appropriate, termination of the contract.
   (H)   Applicability. If any provision of this Section imposes greater restrictions or obligations than those imposed by any other general law, special law, regulation, rule, ordinance, by-law, order or policy then the provisions of this Section control. Nothing in this Section shall be construed to restrict or abrogate any of the duties, powers or responsibilities of any official or employee of the city existing prior to the enactment of this Section.
   (I)   Severability. If any provision of this Section is to be held invalid by a court of competent jurisdiction then such provision should be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
   (J)   Date of effectiveness. The provisions of this Section are effective immediately upon passage.
(CBC 1985 7-2.3; Ord. 2015 c. 5)
7-3   BAY VILLAGE HISTORIC DISTRICT.
7-3.1   Bay Village Historic District.
   (A)   The purpose of this Section is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the city that are located in the area known as Bay Village, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith.
   (B)   There is hereby established an Historic District to be known as the Bay Village Historic District under the provisions of the Historic District Act, M.G.L. Chapter 40C and Chapter 772, Acts of 1975, the boundaries of which are as shown on the map entitled “Bay Village Historic District”, dated Fall, 1979, which accompanies and is hereby declared to be part of the ordinance.
(Ord. 1983 c. 18; CBC 1985 7-3.1)
7-3.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUILDING COMMISSIONER. Commissioner of Inspectional Services of the city or his or her assignee.
   COMMISSION. The Bay Village Historic District Commission.
   EXTERIOR ARCHITECTURAL FEATURE. The architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way, including all elevations intended to be seen on freestanding buildings, and kind, color and texture of the building material of such portion and type of all windows, doors, lights, signs and other fixtures appurtenant to such portion except those exempted from review in accordance with M.G.L. Chapter 40C and this Section.
   SIGN. A sign, marquee, awning or other exterior feature protruding from any structure.
   STRUCTURE. A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole or the like. The word STRUCTURE shall be construed, where the context allows, as though followed by the words “or part thereof”.
(Ord 1983 c. 18; CBC 1985 7-3.2)
7-3.3   Bay Village Historic District Commission.
   (A)   There is hereby established an Historic District Commission, under the provisions of the M.G.L. Chapter 40C, and Chapter 772, Acts of 1975, consisting of five members and three alternate members to be appointed by the Mayor and confirmed by the City Council. When the Commission is first established, one member shall be appointed for a term of one year, two shall be appointed for a term of two years and two shall be appointed for a term of three years. When the Commission is first established, one alternate member shall be appointed for a term of one year, one alternate member shall be appointed for a term of two years and one alternate member shall be appointed for a term of three years.
   (B)   Successors to members and to alternate members shall be appointed for a term of three years, except that members and alternate members may be appointed during a term to fill vacancies occurring on the Commission for the remaining portion of the term.
   (C)   The membership of the Commission shall be comprised of one member from two nominees submitted by the Society for the Preservation of New England Antiquities; one member from two nominees submitted by the Boston Society of Architects; one member from two nominees serving on the Boston Landmarks Commission; one member from two nominees submitted by the Greater Boston Real Estate Board; one member, a resident of the Bay Village Historic District; two alternate members from four nominees who are residents of the Bay Village Historic District; one alternate member from two nominees serving on the Boston Landmarks Commissions.
   (D)   The Commission shall elect annually a Chair and Vice-Chair from its own number and a Secretary from within or without its number.
   (E)   Alternates shall have all powers and duties of regular members when called to serve by the Chair or Vice-Chair of the Commission.
   (F)   All members and alternates shall serve without compensation.
   (G)   All members and alternates shall be residents of the city. It is preferred that the majority of membership be residents of the Historic District.
   (H)   Without regard to M.G.L. Chapter 31 and under the provisions of Chapter 772, Acts of 1975, as amended, the city Environment Department shall provide the Commission with an administrative staff adequate to carry on the functions of the Commission as provided for in this Section.
   (I)   Such staff shall be employees of the Environment Department, and notwithstanding the foregoing the Commission may contract directly for such professional and expert technical assistance as such business shall require.
   (J)   For the purposes of M.G.L. Chapter 268A, every member of the Commission, and every person who shall, on a part-time and consultative basis, perform any professional services for the Commission, such as the services of architect, attorney, engineer, architectural historian, planner, environmentalist or expert in construction, finance, real estate or traffic, shall be deemed to be a special municipal employee.
   (K)   The Commission shall adopt by-laws which specify the standards and criteria included in the Bay Village Historic District study report. Amendments to criteria may be established by amendments to the by- laws of the Commission.
(Ord. 1983 c. 18; CBC 1985 7-3.3)
7-3.4   Administration of Historic Districts.
   No building, or property, or structure within the Historic District shall be constructed, demolished, moved or altered in any way that affects exterior architectural features, and no building shall be moved into the Historic District unless the Commission shall first have issued a certificate of appropriateness, a certificate of hardship or a certificate of non-applicability with respect to such construction, demolition, alteration or movement. The Building Commissioner shall not issue a permit within an Historic District unless one of the certificates noted above has first been issued by the Commission or the proposed improvement is exempted from these provisions by Subsection 7-3.5.
(Ord. 1983 c. 18; CBC 1985 7-3.4) Penalty, see Subsection 7-3.8
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