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A. Permits, Plans And Specifications: No new fuel burning plants nor reconstruction, addition or alteration to any existing fuel burning plants for producing power and heat, or either of them, nor refuse burning equipment, nor any stack or furnace connected with such fuel or refuse burning equipment, costing more than one hundred dollars ($100.00) shall be installed, erected, reconstructed, added to or altered in the city until plans and specifications of the same have been filed by the owner, contractor, installer or other person in the office of the inspector as being so designed that same can be managed and operated to conform to the provisions of this chapter, and obtaining a permit issued by the inspector for such installation, erection, reconstruction, addition to or alteration. Such plans and specifications shall show all provisions made for the purpose of securing complete combustion of the fuel to be used and for the purpose of preventing smoke, and shall also contain a statement of the type of fuel proposed to be used. The inspector shall, by appropriate rules and regulations, require such information on the plans and specifications of the foregoing as will enable him to make a determination of whether such construction, reconstruction, repair, addition or alteration work will conform to the requirements of this chapter or be in violation thereof. If it appears that such proposed work will not be inconsistent with the purposes of this chapter, the inspector shall issue the permit; otherwise, the permit will be denied. Compliance with this section shall not be deemed to be in lieu of compliance with other city requirements with respect to the construction or repair of buildings, and all such other city requirements and regulations shall be fully complied with.
B. Grace Period: Whenever it has adequately been demonstrated to the inspector that compliance with the terms of this chapter cannot be effectively and immediately made, the inspector shall have the authority to grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has taken all necessary steps to secure compliance with this chapter. Such temporary permit shall be issued for no longer period than six (6) months, at the expiation of which period of time the party holding such permit shall be deemed to be in violation of the provisions of this chapter. The fees established in section 4-6-7 of this chapter shall not be applicable to the permits required by this section. (Ord. 1945, 7-14-1953)
A. Annual Inspection; Certificate: The air pollution inspector shall make, or cause to be made, annual inspections of each fuel consuming device in the city to which this chapter applies, except those contained in or a part of four (4) or less dwelling units within the city and except railroad locomotives, to determine whether compliance is being had with the provisions of this chapter. The inspector shall issue a certificate of inspection to the owner of each such device so inspected, provided that it meets the standards established in this chapter. Such certificate shall be authorization for the continued operation of fuel consuming devices. Failure to possess a proper certificate of inspection shall be considered to be a violation of this chapter; provided, however, that all fuel consuming devices not inspected at the time of the passage of this chapter are authorized to continue in operation until such time as the inspector shall make his annual inspection of such device.
B. Fees: The fees to be charged by the city for annual inspections required in this chapter shall be three dollars ($3.00) each inspection. Hereafter, no charge for an initial inspection shall be charged with the issuance of a building permit. (Ord. 1945, 7-14-1953)
A. Duties Enumerated: In addition to the following air pollution duties, the inspector shall perform such other duties as the building official shall direct:
1. To make annual inspections of all fuel consuming devices, as provided in section 4-6-7 of this chapter.
2. To investigate all complaints of violation of this chapter and to institute necessary proceedings in case of violation. Upon first determining that a violation does exist, the air pollution inspector shall, within twenty four (24) hours thereafter, notify by registered mail the owner and/or lessee or operator of any heating plant or installation, the operation of which is found to be in violation of the terms of this chapter, which said written notice shall specify the manner and extent of the violation claimed. No further written notice shall be required unless said violation shall be resumed after having been continuously abated for a period of more than thirty (30) days, in which event said owner, lessee or operator shall, upon the resumption of said violation, again be notified in the manner set out in this subsection. Nothing herein contained shall be construed as limiting and prohibiting the air pollution inspector from voluntarily giving such other written or oral notice or notifications to offenders or violators, as in his judgment he deems proper and necessary.
3. To investigate and make recommendations from time to time to the city council with respect to needed revisions of this or any other provisions of this code pertaining to air pollution control.
4. To prepare and disseminate appropriate educational literature to the public for the purpose of advising them of the purposes and necessity of the prevention of air pollution.
5. To fully cooperate with all civic or other organizations which may be or become interested in the prevention of air pollution.
6. To promulgate and publish rules and regulations under which this chapter will be administered, providing in detail and with clarity the necessary information by which the public is to be guided. Copies of the Ringlemann Chart shall be made available without charge.
7. To issue all certificates of inspection required under the terms of this chapter and to notify all parties concerning any decision he may render and to provide such parties with an opportunity to have a full hearing, as provided in section 4-6-9 of this chapter.
8. To keep in his office a complete record of all plans submitted, and copies of all permits issued and of all examinations of plants made and also all certificates issued. He shall make an annual report of his work to the city council on or before April 1 of each year, and at other times as may be required by the city council.
9. To examine the plans for all new buildings and for the alteration of existing buildings in order to assure that they are so designated that same can be managed and operated to conform to the provisions of this chapter.
10. To do any and all other acts which may be necessary for the successful prosecution of the purposes of this chapter and such other acts as may be specifically enumerated as his duties.
B. Interference With Inspector: Any person interfering in any manner or impeding the performance of duty of the inspector shall be deemed guilty of a misdemeanor, and shall be subject to the penalties provided in section 4-6-10 of this chapter for violation of the provisions of this chapter. This subsection shall likewise apply to the performance of duty of those employees and representatives of the inspector. (Ord. 1945, 7-14-1953)
Any person aggrieved by any ruling rendered by the inspector shall have the right to require the inspector to conduct a full and complete hearing prior to actual and final decision. Such hearing shall afford the person aggrieved with a full opportunity to present any evidence which he may desire to support his position. It shall be the duty of the inspector to promptly notify all parties concerned of his rulings in such hearings. Appeal from the decision of said inspector, following such hearing, shall be taken within ten (10) days to the advisory and appeals board created in subsection 4-6-2B of this chapter, and said appeal shall be perfected by the service upon the air pollution inspector, by written notice, of intention to so appeal. Until such appeal shall have been heard and finally determined by the advisory and appeals board, no further action shall be taken by the air pollution inspector. The decision of the advisory and appeals board shall be final. (Ord. 1945, 7-14-1953)
Any person who shall violate any of the provisions of this chapter, except as herein otherwise provided, shall be fined as provided in title 1, chapter 3 of this code for each offense. A separate offense shall be deemed committed on each day such violation occurs or continues. (Ord. 1945, 7-14-1953; amd. 2001 Code)