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A. Within the City of Ashland, no person owning or operating a solid fuel burning device shall at any time cause, allow, or discharge emissions from such device which are of an opacity greater than 40 percent.

B. The provisions of this subsection shall not apply to emissions during the starting or refueling of a new fire for a period not to exceed 30 minutes in any four-hour period.

C. For the purposes of this section opacity percentages shall be determined by a certified observer using the standard visual method listed in 40 CFR 60.A, Method 9, or operation of equipment approved by the Jackson County Department of Health and Human Services that is known to produce equivalent or better accuracy.