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§ 3-306 Permits and Licenses.

(1) Installation and Construction Permits.

(a) No person shall build, erect, install, alter or replace any article, machine, equipment, device, or other contrivance or appurtenances, the use of which may cause the issuance of air contaminants or the use of which may eliminate, reduce or control the issuance of air contaminants, until an air management permit has been obtained for such installation and construction. Such a permit shall remain in effect until the license to operate the equipment for which the application was filed is granted or denied or the application is cancelled, except as provided in (b).

(b) If any installation is not started within one year of the date of issuance of the permit for it, the permit shall be invalid and any fee paid shall be forfeited.

(2) License to Operate.

(a) Before any article, machine, equipment or other contrivance described in (1) above may be operated or used, a license to operate shall be obtained. Such licenses shall be issued upon inspection and approval by the Department of Public Health as to conformity with the permit issued in (1) above and the regulations of the Air Pollution Control Board.

(b) Where installations were initiated prior to the effective date of this Title an application for a license shall be filed within 90 days from the effective date and within two years a license to operate shall be obtained. No license shall be issued, however, until the installation has been inspected and approved by the Department of Public Health to be in conformity with this Title and the regulations adopted hereunder.

(c) Licenses to operate shall be renewed annually, except as in (.2) below, at a time established by the Department of Licenses and Inspections. A license shall not be renewed where the installation is in violation of this Title unless the installation is in compliance with an improvement plan approved under this Code.

(.1) The operating license shall be renewed only upon certification by the Department of Public Health that inspection shows the installation and operation are in conformity with this Title and the regulations adopted hereunder. The Department of Public Health may waive any annual inspection and recommend renewal of the operating license, but such waiver shall not be made in successive years.

(.2) Where the rated capacity is less than 2 million BTU/hr., or where the rated capacity is less than 5 million BTU/hr. and No. 2 grade, or lighter, commercial fuel oil is the only fuel used, or where the rated capacity is less than 10 million BTU/hr. and gas is the only fuel used, boilers, warm air furnaces, hot water heaters and their burners shall be issued an indefinite operating license. 21 Amended, 1984 Ordinances, p. 719.21

(d) An installation or construction made under (1)(a), above, may be placed in operation, with the consent of the Department, for debugging or demonstration purposes before the decision is made to grant or deny the license to operate.

(e) Where it is planned to take any article, machine, equipment or other contrivance described in (1) above, out of service for any reason whatsoever, except for normal plant shutdowns, the Department shall be notified at least three days in advance. Where the reason for being out of service is an unexpected breakdown or similar emergency, the Department shall be notified immediately.

(3) Issuance of a permit or license shall not exempt any person from prosecution for violation of this Title if the operation of the installation, equipment or device for which the permit was issued creates or results in emissions in excess of the regulations of the Air Pollution Control Board or in air pollution or an air pollution nuisance. Where regulations are amended or new regulations adopted, the holders of permits and licenses issued prior to the effective date thereof shall comply with any new requirements within the period of time provided therein.

(4) The provisions of this Section shall not apply to:

(a) the construction, reconstruction, conversion, alteration, replacement or installation of any household appliance;

(b) the construction, reconstruction, conversion, alteration, replacement or installation of motor vehicles or other equipment used on highways;

(c) any building or structure used exclusively for dwelling purposes and containing fewer than three dwelling units;

(d) fuel burning equipment of a net load rating of 250,000 BTU per hour or less;

(e) Any article, machine, equipment, device, or other contrivance or appurtenance for which a permit has been issued under § 3-401. 22 Added, Bill No. 090258 (approved June 3, 2009).22

(5) Whenever the Department of Public Health determines that any person holding any permit or license has violated any of its conditions, it may serve written notice of the violation upon the holder of such license stating the nature of the violation and the time in which compliance with all requirements of the license may be achieved. Such notice may also describe a course of remedial action.

If at the expiration of the time accorded for compliance the violation has not been corrected, the Department of Public Health may make an official finding of violation and certify such finding to the Department of Licenses and Inspections which shall forthwith revoke such license.

Any person whose license has been revoked shall in addition thereto be liable to the penalties and/or other remedial action prescribed by this Title.

While an appeal from the revocation of any license as hereinafter provided is pending, compliance with such revocation shall not be required, unless the Department of Public Health certifies in writing that immediate compliance is necessary to protect the public health.

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