5 Colo. Code Regs. § 1001-6-VII
Current through Register Vol. 47, No. 24, December 25, 2024
Section 5 CCR 1001-6-VII - High Pollution DaysVII.A. Applicability Limitations on the use of wood burning appliances shall be applicable only in those portions of the counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, and Jefferson are located in the AIR program area, as such area is defined in § 42-4-304(20)(a) (2006), C.R.S. but not including those areas above seven thousand feet elevation.
VII.B. Provisions of this section may be enforced by the appropriate local agency. Local agencies are encouraged to develop suitable enforcement programs and enter into an agreement with the State to promote more effective enforcement of this regulation. Approval of a wood-burning stove, or pellet stove model pursuant to this regulation does not constitute authorization not to comply with requirements of any local ordinance or resolution relating to the installation or use of any wood-burning appliance.VII.C. This section shall not apply within any municipality that had an ordinance mandating restricted use of wood-burning stoves, pellet stoves, and wood-burning fireplaces on high pollution days in effect on January 1, 1990. VII.C.1. All such exempt areas shall be required to submit a yearly report to the Commission no later than June 30, providing information concerning the enforcement actions pursuant to their ordinance for the previous heating season.VII.D. Prohibitions of use No person shall operate a stove, fireplace, furnace, fire pit, fixture or device used, or intended for use, to burn only clean, dry, untreated wood during a high pollution day unless the appliance is exempt pursuant to Section VII.E. A burn down time shall be allowed for the burn down of existing fires prior to the initiation of enforcement action. The use of any fuel other than clean, dry, untreated wood in any stove, fireplace, fire pit, fixture or device used, or intended for use, to burn only clean, dry, untreated wood shall not constitute grounds for allowing its usage on a high pollution day.
VII.E. Exemptions VII.E.1. Persons utilizing their wood-burning stove, pellet stove, or wood-burning fireplace as a primary source of heat.VII.E.2. Persons operating a certified wood-burning stove or wood-burning fireplace insert that meets the requirements in Section II.VII.E.3. Persons operating an approved or certified pellet stove or pellet-burning fireplace insert that meets the requirements in Section III.38 CR 24, December 25, 2015, effective 1/14/201640 CR 07, April 10, 2017, effective 4/30/201747 CR 17, September 10, 2024, effective 10/15/2024