Chapter 1331: Air Pollution


Cross references

  • Power to prevent dense smoke - see Ohio R.C. 715.44
  • Noxious or offensive odors - see GEN. OFF. 521.09

1331.01   Scope; compliance required

  1. (a) Scope. This chapter is designed to provide minimum standards for the abatement of pollution of the air resources of the Municipality.

  2. (b) Violations. No person, firm or corporation shall commit any act in violation of this chapter or omit to do any act required of such person, firm or corporation by any of the provisions as set forth in this chapter or any amendments thereof.
    (Ord. 1968-740. Passed 10-1-68.)

1331.02   Objectives

Ambient air quality standards are designed to protect people from the adverse effects of air pollution and are further intended to promote maximum comfort and enjoyment of their respective properties.

It is recognized that ambient air quality objectives do vary with the land use. Inasmuch as the Municipality represents essentially a residential area, the standards as set forth here reflect this fact.
(Ord. 1968-740. Passed 10-1-68.)

1331.03   Enforcement

  1. (a) Permit to Operate. On and after October 15, 1968, all devices or installations which come under the jurisdiction of this chapter are subject to inspection and licensing. It shall be deemed a violation of this chapter to operate such device or installation without an official permit issued by the Building Inspector.

    No permit may be issued to operate a sealed device.

  2. (b) Violation of Chapter. Whenever any device is found to be operated in violation of this chapter or installed in such a manner that it cannot be operated in conformity with this chapter, the Environmental Control Officer shall issue written notice to the owner or operator of such device outlining the violations involved. The Environmental Control Officer shall stipulate a specific time limitation for corrective measures to be instituted. Failure to act upon this notice within the time limit granted shall be cause for the Environmental Control Officer to seal such device and order operation to be discontinued immediately.

  3. (c) Sealed Devices. It shall be a violation of this chapter to operate any sealed device or for anyone other than the Environmental Control Officer, or an authorized member of the Environmental Control Board, to remove such seal.

  4. (d) Denial of Admittance. No person shall deny admittance during business hours to any officer charged with enforcement of this chapter or in any way interfere with any officer in the performance of his duties under this chapter.

  5. (e) Right to Appeal. The right to appeal any order or decision made under or pursuant to this chapter shall be granted by law.
    (Ord. 1968-740. Passed 10-1-68.)

1331.04   Permits, time limitations; inspections

  1. (a) Permit Requirements. No person shall erect, construct, alter or install any combustion or any other device or parts thereof governed by the provisions of this chapter in any building or other structure or on any premises until a permit has been secured from the Building Inspector pursuant to a written application therefor, upon forms furnished by the Building Inspector. Each application for a permit shall be accompanied by such drawings, specifications and data as are required to verify that the proposed work will conform to the provisions of this chapter. Such drawings, specifications and data shall be approved by the Environmental Control Officer before such permit is issued.

  2. (b) Time Limitations. If construction for which a permit has been issued is not started within six months of the permit date, the permit shall be null and void and a new application must be submitted.

  3. (c) Inspection. The Environmental Control Officer shall inspect every combustion device, incinerator and installation within the jurisdiction of this chapter not less than once every twelve months. A certificate of operation is to be issued if the installation is acceptable. If it is in violation of this chapter, written notice shall be given to the operator with a specific time limit to correct whatever renders such installation unacceptable. The time limit shall be set by Council upon the recommendation of the Environmental Control Officer.

  4. (d) Exceptions. Nothing in subsections (a) through (c) hereof shall be deemed to apply to heating devices and incinerators serving fewer than three family dwelling units.
    (Ord. 1968-740. Passed 10-1-68.)

1331.05   Stack and vent emissions

The following limitations are to apply for emissions from any stack or vent within the Municipality:

  1. (a) Smoke.

    Ringleman Chart No. Incinerators Combustion Devices Other Than Incinerators
    1 No limitations No limitations
    2 Not allowed 10 minutes any 1 hour period
    3 Not allowed 5 minutes any 8 hour period
    4 & 5 Not allowed Not allowed


    1. (1) During equipment breakdown.

    2. (2) During initial firing from complete shutdown.

  2. (b) Gases, Fumes and Other Pollution. No emission of poisonous, obnoxious, pungent or ill-smelling gases, fumes or other air pollutants are permitted from any stack or from any other source in the Municipality so as to cause a nuisance or create a health hazard.

  3. (c) Dust or Fumes. No emission with color other than black is to be discharged in excess of a No. 2 Ringleman Chart density or opacity. An exception is in the event the emission represents water vapor in its pure form.

  4. (d) Settleable Particulates. This includes materials classified as fly ash, soot, dust or other unclassified particulate matter. The maximum allowable discharge from combustion devices shall be:

    Incinerators 0.20 lbs./1,000 lbs. stack gas
    Other than incinerators 0.65 lbs./1,000 lbs. stack gas

    The foregoing requirements are to be calculated in accordance with American Society of Mechanical Engineers PTC-21-1941 procedure. In each case stack gases are to be adjusted to fifty percent excess air.
    (Ord. 1968-740. Passed 10-1-68.)

1331.06   Nuisances other than stack emissions

  1. (a) Dust. No person, firm or corporation having charge or management of any building, premises, industrial establishment, coal yard, brick yard, factory or other place of business, by himself, his agent or employee, shall cause, suffer or allow the handling, conveying, storing or accumulation of any coal, ashes, cinders, building material, dust, refuse or other material, in such manner that dust or other emanations may escape and become a nuisance, beyond his own property line at normally occupied levels.

  2. (b) Open Fires. No owner, occupant or person in charge, by himself, his agent or employee, shall cause, suffer or allow the burning of paper, wood or combustible refuse, waste material, motor vehicles or any part thereof, within the corporate limits of the Municipality in any open fire or any other device or manner except a wood-burning fireplace.

  3. (c) Exceptions.

    1. (1) Open fires shall be permitted for recreational purposes.

    2. (2) Open fires may be permitted if they are in accordance with directives issued by the Environmental Control Officer and approved by the Fire Chief.
      (Ord. 1968-740. Passed 10-1-68.)

1331.07   Future installations

  1. (a) Construction. Every combustion or other device hereafter erected, constructed, altered or installed shall be so erected, constructed, installed and equipped so that it can be operated without violating the provisions of this chapter.

  2. (b) Maintenance. Every combustion device shall be so equipped and maintained, and in the case of fuel-burning equipment, shall be fired with such fuel, that it can be operated without violating the provisions of Section 1331.05.
    (Ord. 1968-740. Passed 10-1-68.)

1331.08   Determination of violation

  1. (a) Qualification of Environmental Control Officer. The Environmental Control Officer shall be a professional engineer or other qualified professional with knowledge and training in the field of environmental engineering.

  2. (b) Test Procedure; Smoke. Optical density measurements shall be used for measuring the degree of smoke density. The Ringleman scale shall be used as the reference for all values. A recording smokescope is considered valid evidence if the equipment is properly standardized immediately prior to and following the test period.

  3. (c) Authorization of Testing. When the Environmental Control Officer has cause to believe that an emission from fuel-burning equipment (or any other device) violates Section 1331.05 he shall notify the owner of the equipment and set a time for a hearing, which hearing shall be set not less than ten nor more than twenty days from the time of notification.

    Following the hearing, the Environmental Control Officer may further require the owner to make or cause to be made such tests as may be necessary to determine if the device is operating within the limits of Section 1331.05.

  4. (d) Test Procedures. The Environmental Control Officer and owner shall have an opportunity to witness the tests and the results of the same shall be made available to both parties. All test procedures shall be made and computed in accordance with the A.S.M.E. PTC-21-1941 or in accordance with procedures mutually agreed upon by the owner and the Environmental Control Officer. All tests shall be made under the direction of a professional engineer registered in the State.

  5. (e) Cost of Tests. If the results of the tests indicate that the device is operating within the limits of this chapter, all costs shall be borne by the Municipality and the owner, shall not be required to have further tests run for a period of eighteen months provided no material changes in equipment or processing have been effected. If the test results indicate a violation, all costs shall be borne by the owner. This shall be cause for the device to be sealed by the Environmental Control Officer. Such seal shall remain in effect until the owner produces satisfactory evidence that the necessary corrective measures have been taken.
    (Ord. 1968-740. Passed 10-1-68.)

1331.99   Penalty

(Editor’s note: See Section 1303.99 for general Code penalty if no specific penalty is provided.)