§ 4-24 — Combustion

Sec. 4-24. - Combustion.

(a) Open burning. (1) It shall be unlawful for any person to engage in or allow open burning within the city except when a written permit has been issued by the department; provided, however, that permits will not be required for fires in devices designed and used exclusively for outdoor noncommercial cooking of food for human consumption nor for smokeless or safety flares used for the combustion of gases or used to indicate some danger to the public. (2) In determining whether and upon what conditions to issue an open burning permit, the department may consider: a. Location and proximity of the proposed burning to any building or other structure; b. Meteorological conditions on the day or days of the proposed burning; c. Compliance by the applicant for the permit with applicable fire protection and safety requirements of the Denver Fire Department; d. Existence of any practical alternative to achieve the purpose of the proposed burn; and e. Whether the proposed burn has a purpose other than aesthetic. (b) Incinerator burning. It shall be unlawful for any person to burn any materials in any incinerator within the city unless the incinerator is of the multi-chamber type or the domestic auxiliary fuel-fired type that has been approved by both the building department and the department prior to its use and that meets the air pollution emission standards of this chapter. (c) Solid fuel burning. (1) High-pollution day prohibition. It shall be unlawful for any person to operate a solid-fuel-fired device during a high-pollution day unless the device has been approved by the department or the Colorado Department of Public Health and Environment. The owner or lessee of a solid-fuel-fired device shall be liable for any unlawful operation of that device during a high-pollution day. Temporary approval may be given by the department if burning is necessary to provide heat for a building on an emergency or temporary basis. (2) Solid-fuel-fired devices. No person shall sell, install or offer to install any solid-fuel-fired device for installation in Denver unless it is certified to meet the standards applicable for an EPA Phase II wood stove or pellet stove or masonry heater that has been approved by the Colorado Department of Public Health and Environment. (3) Number limited for single-unit dwelling. One (1) solid-fuel-fired device may be installed in a single-unit dwelling (as defined in chapter 59 of the Revised Municipal Code) that is constructed or added to after the effective date of this section. (4) Prohibited fuels. It shall be unlawful to burn the following materials in a solid-fuel-fired device: treated, processed, or coated wood; coated or glossy paper and cardboard; yard waste; household, commercial or industrial waste; plastics or other synthetic materials; and other materials that create a nuisance as defined in subsection 4-2.

(Ord. No. 293-90, 5-29-90; Ord. No. 1018-93, § 3, 12-13-93; Ord. No. 683-08, § 9, 12-8-08; Ord. No. 213-21, § 2, 4-5-21)