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A. Operation of Solid Fuel Burning Device Prohibition.

1. The operation of solid fuel burning device within the City of Ashland during a high pollution period shall be prohibited unless an exemption has been granted pursuant to section 9.24.040.B. A presumption of violation for which a citation shall be issued shall arise if smoke is being discharged through a flue or chimney after a time period of three hours has elapsed from the time of declaration of the high pollution period.

2. Notwithstanding section 9.24.040.A.1, the operation of an Oregon certified stove shall be permitted during a high pollution period so long as no visible emissions of smoke are discharged through a flue or chimney after a time period of three hours has elapsed from the time of the declaration of the high pollution period. The provisions of this subsection shall not apply to emissions of smoke during the starting or refueling of a fire for a period not to exceed 30 minutes in any four-hour period.

3. After June 30, 2000, no property owner within the City of Ashland shall rent or lease a residential unit that is not equipped with a secondary source of heat other than a solid fuel burning device, unless the landlord has a valid exemption under section 9.24.040.B.2. Should a violation of this section occur it shall be attributable to the property owner and not to the tenant or lessee.

B. Exemptions. It is permissible for a household to operate a solid fuel burning device within the City of Ashland during a high pollution period when the head of that household has obtained one of the following exemptions. Exemptions granted under this section shall expire on September 1 of each year.

1. Economic Need. An exemption for an economic need to burn solid fuel for residential space heating purposes may be issued to heads of households who can show their eligibility for energy assistance under the Federal Department of Energy Low-income Energy Assistance Program, as administered by ACCESS, Inc. or other approved entity.

2. Sole Source. An exemption may be issued to the heads of households who sign a statement declaring their reliance on a solid fuel burning device as the sole source of heat for their residence. Sole source exemptions shall not be issued after June 30, 2000, unless the residence is approved for installation of an alternative heating source through a woodstove replacement program guidelines or in the absence of such a program when the head of the household can show that the family income is less than 80% of the median income level for the Medford metropolitan area as established by the Federal Department of Housing and Urban Development.

3. Special Need. Upon a showing of special need, as determined by the City administrator or designee, a temporary exemption may be granted authorizing the burning of a solid fuel burning device notwithstanding section 9.24.040.A.1. “Special need” shall include, but not be limited to occasions when a furnace or central heating system is inoperable other than through the owner or operator’s own actions or neglect.

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