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For the purposes of this Chapter, the following definitions apply:

A. “Conveyance of real property” means the transfer of title to real property from one person or entity to another by any transfer means whatsoever, including but not limited to a transfer by deed, land sale contract, foreclosure, inheritance, bankruptcy or other action at law. For purposes of this ordinance a long term lease of ten years or more, with or without an option to purchase, shall be considered a conveyance of real property under this ordinance. A revocable inter vivos (living) trust shall not be deemed a conveyance.

B. “High pollution period” means a period of time commencing three hours after initial designation as a red or yellow day by the Oregon Department of Environmental Quality (further referred to in this chapter as DEQ) or the Jackson County Department of Health and Human Services. In the event more than one consecutive days are designated as red or yellow, they shall all be considered a part of the same period.

C. “Noncertified wood stove” or “fireplace insert” also referred to as “noncertified device(s)”, means a residential space heating device that has not been certified by either the Oregon Department of Environmental Quality, (DEQ) or the U.S. Environmental Protection Agency (EPA) as complying with smoke emission standards, such as those referenced in the definition of Oregon Certified Stove below. For purposes of the requirements of Section 9.24.055 below, “noncertified Woodstove” or “Fireplace Insert” does not include:

1. Exempt devices, meaning heating devices exempt from certification requirements under the applicable Oregon or federal rules, including but not limited to pellet stoves.

2. Cook stoves, meaning indoor wood burning appliances the primary purpose and design of which is to cook food.

3. Antique woodstoves, meaning a wood stove manufactured before 1940 with ornate construction and a current market value substantially higher than a common woodstove manufactured in the same time period.

4. Fireplaces not used for heating purposes.

D. “Opacity” means the degree to which emissions from a solid fuel burning device reduce the transmission of light and obscure the view of an object in the background. It is expressed as a percentage representing the extent to which an object viewed through the smoke is obscured.

E. “Oregon certified stove” means a solid fuel burning device certified by DEQ as meeting the emission performance standards specified in Oregon Administrative Rules 340-34-045 through 340-34-115.

F. “PM10” means airborne particles ranging from 0.01 to 10 microns in size, the breathing of which can be harmful to the human respiratory system

G. “Red day” means a 24-hour period beginning at 7 a.m. when PM10 levels are forecast by the DEQ or the Jackson County Department of Health and Human services to be 130 Fg/m3 and above.

H. “Residence” means a building containing one or more dwelling units used for habitation by one or more persons.

I. “Residential woodburning” means utilization of wood in a solid fuel heating device inside a residence.

J. “Sole source of heat” means one or more solid fuel burning devices which constitute the only source of heating in a residence. No solid fuel burning device or devices shall be considered to be the sole source of heat if the residence is equipped with a permanently installed furnace or heating system utilizing oil, natural gas, electricity, or propane.

K. “Solid fuel burning device” means a device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes, without limitations, solid fuel burning stoves, fireplaces, fireplace inserts, or woodstoves of any nature, combination fuel furnaces or boilers used for space heating which can burn solid fuel, or solid fuel burning cooking stoves. Solid fuel burning devices do not include barbecue devices, natural gas-fired artificial fireplace logs, DEQ approved pellet stoves, or Kachelofens.

L. “Space heating” means raising the interior temperature of a room.

M. “Yellow day” means a 24-hour period beginning at 7 a.m. when the PM10 levels are forecast by the DEQ or the Jackson County Department of Health and Human Services to be 91 Fg/m3 and above but less than 130 Fg/m3. (Ord. 2936, amended, 03/23/2007)