Legislation

BE IT ENACTED by the Mayor and City Council of the City of Halifax as follows:

1. This Ordinance may be referred to as "The Smoke Abatement Ordinance".

2. In this Ordinance and in the regulations - "dust" means gas-borne and air-borne particles larger than l0 microns in mean diameter; "dust-separating equipment" means an apparatus or device for separating solid matter from the gas medium in which it is carried; "fly-ash" means fine solid particles, consisting mostly of incombustible material, that are entrained in and carried by the gaseous products of combustion;

"fuel-burning equipment" means a furnace, incinerator, refuse- burning equipment, boiler, chimney, flue, stack, or any other apparatus, device, mechanism, or structure used on or in connection with the process of burning fuel or other combustible material, and includes a coal-burning steam shovel, but does not include an internal combustion engine or a vehicle; "fumes" means gases or vapours that are of such character as to create an unclean, destructive, offensive or unhealthful condition; "Inspector" means the Inspector of Buildings of the City of Halifax or the person from time to time performing the duties of that official under this Ordinance; "internal combustion engine" means an engine or turbine in which combustion of gaseous, liquid or pulverized solid fuel takes place within one or more cylinders or combustion chambers; "person" includes a partnership, association, syndicate, trust, corporation, department, bureau, agency or any other entity recognized by law as the subject of rights and duties; "regulations" means the resolutions passed by the Smoke Advisory Board pursuant to clause (d) of subsection (2) of Section 12 of this Ordinance; "Ringlemann Smoke Chart" means the Ringlemann Smoke Chart with instructions for its use as published by the United States Bureau of Mines when the same is used in accordance with such instructions; "smoke" means the gas-borne particles consisting essentially of carbonaceous material in sufficient number to be observable; "soot" means agglomerated particles consisting essentially of carbonaceous material; "stack" or "chimney" includes a flue, conduit or other opening arranged for emitting gases into the open air; "vehicle" includes a roller, derrick, crane, pile-driver, trencher, excavating machine other than a coal-burning steam shovel, portable hoisting engine, tar kettle or other apparatus which is not ordinarily permanently installed in one location but is used at various places over a wide area. 3. (1) The discharge or emission to the atmosphere or open air, within the limits of the City of Halifax, of smoke, dust, fly-ash, soot, fumes, or other solid or gaseous product or combustion the shade or appearance of which is equal to or greater than that described as No. 3 of the Ringlemann Smoke Chart or so dense that it cannot be seen through at the point of emission for a period of or periods aggregating six minutes in any one hour, is prohibited. (2) The discharge or emission to the atmosphere or open air, within the limits of the City of Halifax, of smoke, dust, fly-ash, soot, fumes or other solid or gaseous product of combustion, the shade or appearance of which is equal to or greater than that described as No. 2 on the Ringlemann Smoke Chart, or so dense as to be dimly seen through at the point of emission for a period of or periods aggregating ten minutes or more than any one hour, is prohibited.

(3) No person shall, in the City of Halifax, cause, suffer or allow to be discharged or emitted from any fuel burning equipment, internal combustion engine, vehicle, outside open fire, or premises, any smoke, dust, fly- ash, soot or fumes or other solid or gaseous product of combustion in violation of subsection (1) and (2) of this Section or to an extent which is detrimental to the property of any other person not being therein or thereupon engaged.

(4) All fuel-burning equipment in which pulverized fuel is or is intended or designed to be burned, spreader stokers or similar types of suspension-burning equipment, installed in the City of Halifax, after the coming into effect of this Ordinance, shall be provided with dust-separating equipment.

(5) No person shall, in the City of Halifax, cause, suffer or allow to be discharged or emitted from any fuel-burning or dust separating equipment, any dust, soot, or fly-ash exceeding 0.85 pounds per 1,000 pounds of gases, adjusted to 12 percent CO2, except that dust, soot or fly-ash not exceeding 15 percent of the total dust soot or fly-ash entering any dust-separating equipment may be discharged or emitted to the atmosphere or open air; and for the purposes of this paragraph the amount of dust, soot or fly-ash in the gases shall be determined according to the Test Code for Dust Separating Apparatus of the American Society of Mechanical Engineers as attached to this Ordinance and signed by the Mayor and City Clerk.

4. (1) Each stack or chimney of every plant that burns or is intended or designed to burn solid or liquid fuel and has more than 500 square foot of boiler heating surface (50 H.P.) shall be equipped with an approved smoke indicator or recorder.

(2) For the purpose of this Section, "smoke indicator" includes, in the case of a boiler room having a fireman in constant attendance, a mirror or other device enabling the fireman to determine conditions at the top of the stack or chimney from the boiler room at all times, and, in the case of a boiler room not having a fireman in constant attendance, means a smoke indicator of a type which will sound an alarm or flash a signal to attract the attention of the fireman.

(3) This Section shall not apply to a stack or chimney that is readily visible to the fireman from the boiler room without the aid or use of a smoke indicator if a fireman is in constant attendance in such boiler room.

5. (1) Subject to the provisions of subsection (4) of this Section, no person shall in the City of Halifax erect, construct, reconstruct, install, alter or repair any fuel-burning equipment unless and until he shall have first obtained a permit, known as an Installation Permit, from the Inspector of Buildings.

(2) Every applicant for an Installation Permit shall file with the Inspector of Buildings at his office an application in the form provided by the Inspector, signed by himself or his duly authorized agent, which application shall be accompanied by the fees prescribed by Section 7, and plans and specifications, in duplicate, of the fuel-burning equipment and all work proposed in connection therewith, including the form, description and dimensions thereof, and of the building, if any, in which the fuel-burning equipment is or is to be located, the means provided or proposed for admitting air for combustion, the character of the fuel to be used, the maximum quantity of fuel to be burned per hour, the operating requirements and the use to be made of such fuel-burning equipment and generally all particulars necessary to establish that the fuel-burning equipment and all proposed work in connection therewith for which application is made complies with this Ordinance and the regulations.

(3) Whenever an application in conformity with subsection (2) of this Section is filed with the Inspector of Buildings, he shall thereupon examine and either approve or reject the same, and in the event of approval the Inspector shall issue the permit applied for.

(4) (a) Subsection (1) of this Section shall not apply in the case of routine maintenance work or minor alterations or repairs which do not change the capacity of fuel-burning equipment to the method of combustion or do not adversely affect the production, emission or discharge of smoke, dust, fly-ash, soot, fumes or other solid or gaseous product of combustion.

(b) In the case of an emergency repair where serious consequences would otherwise result, provided that application for the necessary Installation Permit is filed otherwise, in accordance with this Section, on the first business day following commencement of the repair work.

(5) The work of erecting, constructing, reconstructing, installing, altering or repairing fuel-burning equipment shall be commenced and proceeded with within one year from the date of the Installation Permit in respect to such work otherwise such permit shall be void.

(6) After any work or erecting, constructing, reconstructing, installing, altering or repairing any fuel-burning equipment is completed, the Inspector of Buildings shall inspect the same and, if such work conforms to the application, plans and specifications filed in respect of and to the provisions of this Ordinance and the regulations shall issue a permit, known as an Operating Permit, to the person to whom the necessary Installation Permit was issued, which Operating Permit shall be posted in a conspicuous position adjacent to the equipment.

(7) No person shall:

(a) commence, proceed with or continue any work of erecting, reconstructing, installing, altering or repairing any fuel-burning equipment without an Installation Permit or which is not in accordance with the application and plans and specifications filed pursuant to subsection (2) of this Section.

(b) Operate or use or cause, suffer or allow to be operated or used any fuel-burning equipment in respect of which an Installation Permit has been issued unless and until he shall have first obtained an Operating Permit pursuant to subsection

(6) of this Section and each day of operation of such equipment without such Permit shall constitute a separate offence.

(8) The issue of an Installation or Operating Permit shall not constitute a defence to a prosecution for a violation of any provision of Section 3 of this Ordinance.

6. (1) Where any prior existing chimney or stack is so located that the emissions or discharges therefrom are nuisance to the occupants of any building or structure subsequently erected or where any building or structure subsequently erected adversely affects the draft of any such chimney or stack, such nuisance shall be abated or the adverse effect upon such draft shall be corrected as the case may be, either by increasing the height of the chimney or stack, or by making such other provision as may be deemed effective by the Inspector of Buildings.

(2) The work of increasing the height of the chimney or stack or making such other provisions as may be deemed effective by such Inspector shall be done by the owner of the building or structure of which the chimney or stack forms part and at his expense.

7. Every applicant for a Permit under this Ordinance shall pay, at the time of filing his permit application, a fee of five dollars ($5.00) for the permit to be issued.

8. The Inspector of Buildings shall be reasonable for the enforcement of this Ordinance and the regulations and his duties shall, among others be as follows:

(a) to investigate complaints, make observations of smoke conditions and take the necessary and proper action to abate nuisances therefrom;

(b) to issue permits, certificates and notices under this Ordinance and the regulations, and to keep records of applications, plans, specifications, permits, certificates, violations, complaints and other matters on file for Departmental use only;

(c) to examine the plans and specifications for all new buildings and alterations of or repairs to existing buildings for the purpose of ascertaining that such buildings when erected, altered or repaired will meet the requirements of this Ordinance and the regulations;

(d) to examine the plans and specifications for the erection, construction, reconstruction, installation, alteration or repair of fuel-burning equipment and the issuance of Installation Permits in respect thereof;

(e) to inspect the erection, construction, reconstruction, installation, alteration or repair of all fuel-burning equipment for which Installation Permits have been issued and the issuance of Operating Permits in respect thereto;

(f) to publish and disseminate information on the method of smoke reduction;

(g) to enlist the cooperation of civic, technical, scientific and educational groups, societies or organizations in respect of the reduction and abatement of smoke and other atmospheric pollution.

9. (1) The Inspector and every person appointed to assist him in carrying out his duties under this Ordinance and the regulations may, at all reasonable hours, enter upon any property in order to ascertain whether or not this Ordinance or regulations are being complied with.

(2) The Inspector may require the owner, occupant, manager or agent of any property to make such tests of or alterations in fuel- burning equipment thereon or the manner of operating the same as may, in his opinion, be necessary to prevent or lessen the emission or discharge to the atmosphere or open air of smoke, dust, fly-ash, soot, fumes or other solid or gaseous products of combustion.

10. No person shall in any manner obstruct, hinder, delay, resist, prevent or in any way interfere or attempt to interfere with the Inspector or any person appointed to assist him in the carrying out of his duties under this Ordinance or the regulations or refuse them or any of them entry upon any property or premises at any reasonable time in the course of duty.

11. Notwithstanding any provision of this Ordinance or of the regulations, the Inspector may permit deviations or exemptions from the requirements of this Ordinance and the regulations for such period of time and to such extent and upon such terms and conditions as he may from time to the determine.

12. (1) (a) A Board, named the Smoke Abatement Advisory Board, (hereinafter referred to as the Board), consisting of seven members, six of whom shall be appointed by the Council is hereby established.

(b) The Inspector shall be a member ex officio of the Board and a majority of the members shall not be members of the Council.

(c) Except in the case of the Inspector, the members of the Board shall hold office for the term of four years and until their respective successors are appointed and shall be eligible for reappointment, provided that any member appointed from the Council shall upon ceasing to be a member of the Council cease to be a member of the Board.

(d) Upon the death or resignation of any member of the Board, his successor shall be appointed by the Council at the next following meeting thereof for the balance of such term of office.

(e) Four members of the Board shall constitute a quorum.

(f) The Board shall at the first meeting in each year appoint one of its members to be Chairman.

(g) The Board may meet and adjourn from time to time, at pleasure, or may be summoned at any time by its Chairman.

(h) The City Clerk shall provide all secretarial and clerical facilities required by the Board.

(2) The Board shall have the following duties and powers:

(a) to act in a general advisory capacity to the Council and to the Inspector.

(b) to advise the Inspector as to progress in fuel- burning technique and equipment.

(c) to hear and determine appeals from decisions and orders of the Inspector brought in accordance with Section 13 and to confirm, vary or reverse any such decision or order.

(d) to pass resolutions regulating, in a manner not inconsistent with this Ordinance, the erection, construction, reconstruction, installation, alteration, repair, maintenance, operation and use of fuel-burning equipment, internal combustion engines and vehicles, and, from time to time, alter or revoke any such regulation.

13. (1) Any person complaining of an order or decision of the Inspector may personally, or by his agent, give notice in writing to the Inspector that he intends to appeal such order or decision and shall therein state the name and address where notices may be served upon him.

(2) The notice of appeal shall be given to the Inspector within ten (10) days after the day upon which the order or decision complained of is made.

(3) The Inspector shall forthwith, after receipt of a notice of appeal, forward the same to the Chairman of the Board and the Chairman shall appoint a day within fifteen (15) days after receipt of the notice for the hearing of the appeal.

(4) The Board shall communicate its decision to the Inspector who shall forthwith notify the appellant.

14. Every person engaged in selling or leasing for installation in the City of Halifax any fuel-burning equipment shall, within ten (10) days of every sale or lease by him of any such equipment, report in writing to the Inspector particulars of such sale or lease, including the name and address of the purchaser, a description of the equipment sold or leased, the place of delivery and the location of the building or place in which the equipment is to be installed.

15. All persons owning, operating, or in charge or control of any fuel-burning equipment who violate or cause, suffer or allow any violation of this Ordinance or of the regulations, either as owners, occupants, managers, agents, superintendents, janitors, engineers, firemen, constructors, installers, mechanics, repairmen, or otherwise shall be jointly and severally liable to the penalties imposed by this Ordinance.

16. Every person who contravenes:

(a) any of the provisions of this Ordinance or of the regulations;

(b) any decision or order of the Inspector pursuant to this Ordinance; or,

(c) any decision of the Board, shall upon conviction thereof be liable to a penalty not exceeding Fifty Dollars ($50.00) for the first offence, One Hundred Dollars ($100.00) for the second offence, and Two Hundred Dollars ($200.00) for the third and for each subsequent offence.

17. No action or prosecution for a violation of this Ordinance shall be commenced without the consent of the Committee on Works of the City of Halifax nor after the expiration of sixty (60) days from the time of the commission of the alleged offence.

18. This Ordinance shall be known as "Ordinance Number 5l".

Passed City Council:
First Reading: October 11, 1956
Second Reading: November 15, 1956
Approval of M.M.A.: December 5, 1956

Subsection (1) of Section 12 - passed Council
First Reading: January 16, 1958
Second Reading: February 13, 1958
Approval of M.M.A.: March 4, 1958