102

 CHAPTER 406 CONTENTS

CHAPTER 406 

KLAMATH COUNTY CLEAN AIR ORDINANCE 

 406.001 Policy and Purpose ............................. 103 

 406.005 Definitions .................................... 103 

 406.100 Air Quality Pollution Control Requirements ...... 108

 406.150 Air Quality Pollution Requirements Applying 

 Within the Air Quality Zone ..................... 110 

406.200 Certificate of Exemption ........................ 112 

406.250 Certificates of Variance ....................... 113 

 406.300 Enforcement ..................................... 114 

 406.400 Penalties ....................................... 114 

 406.450 Severability .................................... 115 

 406.500 Air Quality Advisory Committee and Contingency 

 Strategies .................................... 115 

 Exhibits: 

 Exhibit A – Air Quality Zone ............................. 115 

 Exhibit B – Ringlemann Smoke Chart ....................... 115 

 Ordinance No. 63.00 - 07/31/91 

 Ordinance No. 63.01 - 06/25/97 

 Ordinance No. 63.02 - 12/23/97 

 Ordinance No. 63.03 – 08/23/2001 

Ordinance No. 63.04 - 10/05/2004 

Ordinance No. 63.05 - 08/07/2007 

 Ordinance No. 63.06 – 12/31/2012 
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CHAPTER 406 

KLAMATH COUNTY CLEAN AIR ORDINANCE 

 406.001 Policy and Purpose. To control and address air 

quality problems and identify the Air Quality Zone, so that 

Klamath County will have clean air for the benefit of its 

citizens’ health and welfare; to be in compliance with 

requirements of the Federal Clean Air Act of 1990 and applicable 

revisions or updates, and not exceed the National Ambient Air 

Quality Standard for particulate matter; and to improve economic 

development opportunities.

 406.005 Definitions. Except where the context otherwise 

requires, the definitions given in this section govern the 

construction of this Chapter. 

(1) AIR QUALITY ADVISORY - A means, declared and provided by 

the Klamath County Environmental Health Division based on 

the Air Quality Forecast, to inform area residents of what 

the air quality is or potentially will be. The advisories 

shall be: 

 (a) Red Advisory Period - A period of time when an Air 

Quality Forecast predicts that particulate matter 

concentrations have the potential to exceed or are 

exceeding an estimate of 150 μg/m3 of PM-10 or 30 μg/m3 

for PM-2.5 for a 24-hour average. Such pollution 

concentrations have a high probability of being 

unhealthy. 

 (b) Yellow Advisory Period - A period of time when the 

Air Quality Forecast predicts that particulate matter 

concentrations are less than what would be considered 

for the Red Advisory Period, but would likely exceed 

estimates of 80 μg/m3 of PM-10 or 16 μg/m3 of PM-2.5 for 

a 24-hour average. Such pollution concentrations have a 

high probability of impacting public health. 

 (c) Green Advisory Period - A period of time when an 

Air Quality Forecast predicts daily particulate matter 

concentrations for a 24-hour average will not exceed 80 

μg/m3 of PM-10; or 16 μg/m3 of PM-2.5. 

 (2) AIR QUALITY FORECAST - A method of using available data 

including, but not limited to, local weather conditions, 

current and anticipated particulate levels, and weather 

forecasts to determine the PM-10 and PM-2.5 particulate 

matter concentrations. 

 (3) AIR QUALITY INSPECTOR – Air Quality Inspectors may be 

staff of the Klamath County Environmental Health Division, 

the Klamath County Code Compliance Office, the Code 
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Enforcement Office of the City of Klamath Falls, or the 

County Fire Districts who will act within their scope of 

authority. The primary role of an Air Quality Inspector is to 

observe and document violations of Chapter 406 and to educate 

the public with respect to this Chapter and the documented 

violation. 

 (4) AIR QUALITY ZONE - An area within the County as depicted 

on the map and legal description in Exhibit A. 

 (5) AGRICULTURAL OPERATION - An activity including an 

irrigation operation on land currently used, or intended to 

be used primarily for the purpose of obtaining a profit by 

raising, harvesting and selling crops, or by raising and 

selling livestock and/or poultry, or the products thereof. 

Agricultural operation also means activities conducted by 

not-for-profit agricultural research organizations, which 

activities are necessary to serve that purpose. It does not 

include the construction and use of dwellings customarily 

provided in conjunction with the agricultural operation. 

 (6) BUILDING - All residential or commercial structures 

including manufactured homes. 

 (7) BURN-DOWN TIME - A period of time allowed for fires in 

solid fuel-fired appliances and open/outdoor burning, to die 

down prior to the beginning of enforcement activities. Such 

burn-down time applies to Red or Yellow Advisory Period. 

 (8) CERTIFICATE OF EXEMPTION - A written approval issued by 

the Klamath County Environmental Health Division to use a 

solid fuel-fired appliance or open outdoor burning in a 

manner normally in violation of the requirements of this 

Chapter. 

 (9) CERTIFICATE OF VARIANCE - A written approval issued to 

a person by the Klamath County Environmental Health Division 

to open or outdoor burn in a manner normally in violation of 

the requirements of this Chapter. 

 

 (10) CERTIFIED WOODSTOVE OR FIREPLACE INSERT - A solid fuelfired space heating appliance that has been certified by the 

Oregon Department of Environmental Quality (DEQ) or bears an 

Environmental Protection Agency certification label 

indicating that the model is built in accordance with EPA 

emission certification. 

 (11) COOK STOVE - A wood burning stove installed in the 

kitchen, which is primarily designed for cooking and has a 

stovetop and an oven. It may also be equipped with gas 

burners or electric heat elements. 

 
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 (12) EXEMPT SOLID-FUEL FIRED APPLIANCE - A solid fuel-fired 

appliance that is exempt from the Oregon Department of 

Environmental Quality (DEQ) or the United States 

Environmental Protection Agency (EPA) requirements for 

certification for its installation. Exempt stoves are pellet 

stoves, antique stoves (built before 1940 with ornate 

construction and a substantially higher current market 

value), open masonry fireplaces, cook stoves, or other 

stoves that have a valid letter of exemption from DEQ, or do 

not meet the definition of a “woodstove” or “wood heater” as 

defined in DEQ’s Oregon Administrative Rules for Residential 

Wood Heating. 

 (13) FIRE DEPARTMENT - The unit of municipal government or 

county approved Local Fire District having the authority and 

responsibility to extinguish unintended fires and to promote 

fire safety. 

 (14)FIREPLACE – A framed opening made in a chimney to hold 

an open fire. Also known as an open fireplace or 

structurally integrated fireplace which could be made of 

metal or masonry construction. 

 (15) FIREPLACE ASTM STANDARDS – All fireplaces that meet the 

ASTM international standard test method E2558, and meet 5.1 

grams per kilogram specifications, or current federal EPA 

NSPS standards for structurally integrated fireplaces, 

whichever is less. 

 (16) KLAMATH COUNTY AIR QUALITY ADVISORY COMMITTEE - A 

volunteer committee appointed by the Klamath County Board of 

Commissioners. The purpose of the Air Quality Advisory 

Committee is to evaluate relevant air quality data, identify 

significant contributing emission sources, recommend 

appropriate emission reduction strategies and recommend 

action to the Board of County Commissioners. 

 (17) LOW INCOME PERSON - A person or family who demonstrates 

economic need by certifying through proof that their total 

household income is less than the very low-income guidelines 

established by the United States Department of Housing and 

Urban Development. 

 (18) NON-CERTIFIED WOOD STOVE OR FIREPLACE INSERT - A solid 

fuel-fired residential space heating device that has not 

been certified by either the Oregon Department of 

Environmental Quality or the Environmental Protection Agency 

(EPA) as complying with smoke emission standards. “Noncertified wood stove or fireplace insert” does not include 

fireplaces, nor devices exempt from certification 

requirements as defined in Section 406.005(13). 
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 (19) NOTICE OF NONCOMPLIANCE - A letter notifying a violator 

of this Chapter of the specific violation and the corrective 

action necessary. 

 (20) NONATTAINMENT AREA – The federally designated area 

within the County that is depicted on the map and legal 

description in Exhibit A. Normally thought of as synonymous 

with the Air Quality Zone unless contingency measures are 

implemented. 

 (21) OPEN/OUTDOOR BURNING – This section refers to all open 

or outdoor fires intended for heating or the combustion of 

waste, and those included in the definition of “Open 

Burning” in Oregon Administrative Rule Chapter 340 Division 

264. Outdoor cooking fires are not included. 

 (22) PARTICULATE MATTER TEN MICRONS AND LESS (PM-10) - 

Airborne particulate matter with an aerodynamic diameter of 

ten (10) microns in size or less. PM-10 is normally measured 

by weight per unit volume of air in micrograms per cubic 

meter (g/m3). The National Ambient Air Quality Standard is 

150 g/m3 for a 24-hour period beginning at 12:01 AM. 

 (23) PARTICULATE MATTER TWO AND ONE-HALF MICRONS OR LESS 

(PM-2.5) - Airborne particulate matter with an aerodynamic 

diameter of two-point-five (2.5) microns in size or less. 

PM-2.5 is normally measured by weight per unit volume of air 

in micrograms per cubic meter (g/m3). The National Ambient 

Air Quality Standards are 35 g/m3 for a 24-hour period 

beginning at 12:01 AM, with a 15 g/m3 annual average. 

 (24) PELLET STOVE – A wood burning heating appliance which 

uses wood pellets as its primary source of fuel. 

 (25) PERSON - Any individual, partnership, corporation, 

company or other association. 

 (26) PROHIBITED MATERIALS - Any combustible material as 

defined by the State’s prohibited materials open burning rule 

which include wet garbage, plastic, wire insulation, 

automobile parts, asphalt, petroleum product, petroleum 

treated material, rubber products, or animal or vegetable 

matter resulting from the handling, preparation, cooking or 

service of food that normally results in dense or noxious 

smoke when burned. Also included are coal and any open burned 

materials that cause a public or private nuisance or a hazard 

to public safety. 

 (27) RESPONSIBLE PERSON – A person eighteen (18) years of age 

or older, authorized by the property owner to attend an open 

burning event and who is capable of and has the necessary 

equipment to extinguish the fire. 
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 (28) SALE OF REAL PROPERTY - Any transaction whereby the 

ownership of a building as defined by the Klamath County 

Development Code, or the real property upon which a building 

is located, is transferred by an agreement for the sale and 

purchase of the building or the real property. 

 (29) SOLE SOURCE OF HEAT - One or more residential solid 

fuel-fired appliances that constitute the only source of 

space heat in a private residence. No residential solid 

fuel-fired appliance or devices shall be considered to be the 

sole source of heat if the private residence is equipped with 

a permanently installed working system such as: oil, natural 

gas, electric, geothermal, solar or propane heating system, 

whether connected or disconnected from its source. 

 (30) SOLID FUEL-FIRED APPLIANCE - A device designed for 

solid fuel combustion, including cordwood stoves (wood 

stoves and fireplace stove inserts), fireplaces, solid fuelfired cook stoves and combination fuel furnaces or boilers, 

which burn solid fuels. 

 (31) URBAN GROWTH BOUNDARY (UGB) - An area of the county 

surrounding and including the City of Klamath Falls which 

has been designated by the Klamath County Board of 

Commissioners and the City of Klamath Falls as an area of 

potential growth which may impact both governmental bodies. 

(32)WASTE 

 (a) Agricultural Waste - Any waste materials generated 

or used by an agricultural operation. 

 (b) Commercial Waste – Waste Materials from offices, 

warehouses, restaurants, mobile home parks, dwellings 

(apartments) containing more than four (4) family units, 

hotels, motels, schools, or wholesale or retail yards. 

 (c) Construction Waste - Any waste material produced by 

a building or construction project. Examples of 

construction waste are wood, lumber, paper, wood 

pallets, crating and packing materials used during 

construction, materials left after completion of 

construction and materials collected during cleanup of a 

construction site. 

 (d) Demolition Waste - Any material produced by the 

complete or partial destruction, or tearing down, of any 

man-made structure the clearing of any site for land 

improvement; or cleanup such as the removal of trees, 

brush or stumps, excluding agricultural waste, Section 

406.005(31)(a), or domestic waste, Section 

406.005(31)(e). 
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 (e) Domestic Waste - Household materials including 

paper, cardboard, clothing, yard debris, Section 

406.005(31)(h), or other material generated in or around 

a dwelling of four (4) or less family units, or on the 

real property adjacent to the dwelling. Once domestic 

waste is removed from the property of origin it becomes 

commercial waste. 

 (f) Forest Slash - Forest debris or woody vegetation 

related to the management of forestlands, used for the 

growing and harvesting of timber. 

 (g) Industrial Waste - Any materials (including process 

wastes) produced as a direct result of any manufacturing 

or industrial process. 

 (h) Yard Debris - Wood, needle or leaf material from 

trees, shrubs, or plants on real property adjacent to a 

dwelling of not more than four (4) family dwelling 

units. Once yard debris is removed from the property of 

origin, it becomes commercial waste, Section 

406.005(31)(b). 

 (33) WOODSTOVE/WOODHEATER – An enclosed, wood burning 

appliance capable of and intended for space heating or 

domestic water heating that meets all of the following: 

 (a) An air-to-fuel ratio in combustion chamber 

averaging less than 35-1 as determined by the test 

procedure prescribed in federal regulations, 40 CFR 

Part 60, Subpart AAA, Section 60.534 performed at an 

accredited laboratory; 

 (b) A usable firebox volume of less than 20 cubic 

feet; 

 (c) A minimum burn rate less than 5 kg/hr as 

determined by the test procedure prescribed in federal 

regulation, 40 CFR, Part 60, Subpart AAA, Section 

60.534 performed at an accredited laboratory; and 

 (d) A maximum weight of 800 kg (1,760 lb). In 

determining the weight of an appliance for these 

purposes, fixtures and devices that are normally sold 

separately, such as flue pipe, chimney, heat 

distribution ducting, and masonry components that are 

not an integral part of the appliance or heat 

distribution ducting, shall not be included. 

 406.100 County Wide Air Quality Pollution Control 

Requirements. 

 (1) AIR QUALITY ADVISORIES - The Klamath County 

Environmental Health Division shall determine and issue Air 
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Quality Advisories at least daily during the winter heating 

season and at other times of the year as needed according to 

the definitions provided in Section 406.005(1). Air Quality 

Advisories will be provided to the public. 

 

 (2) PUBLIC RESPONSIBILITIES - Each person that burns 

outdoors or in a solid fuel-fired-appliance in Klamath 

County is required to comply with the requirements of this 

Chapter. 

 

 (3) SOLID FUEL-FIRED APPLIANCES 

 (a) Appliance Resale and Installation: 

 (i) The resale or installation of a non-certified 

solid fuel-fired appliance or any appliance not 

meeting the requirements of Section 406.005(33) is 

prohibited. 

 (ii) The resale, or installation of an exempt solid 

fuel-fired appliance, is allowed in accordance 

with state and local requirements. 

 (iii)A Klamath County Building Division permit is 

required for the installation of a solid fuelfired appliance. 

 (b) Disclosure of Solid Fuel-Fired Appliances upon the Sale 

of Real Property - The presence of all solid fuel-fired 

appliances including wood stoves, fireplace inserts, 

fireplaces, and pellet stoves in the building shall be 

disclosed by the seller to the buyer as part of the sale 

and purchase of any building. The disclosure shall 

state whether any solid fuel-fired appliances are 

certified, non-certified, exempt or pellet. 

 (c) Removal of Non-Certified Woodstoves and Fireplace 

Inserts upon the Sale of Real Property - Non-certified 

wood stoves and fireplace inserts must be removed from 

building upon sale of any building containing them. The 

removal shall be accomplished prior to the closing of 

any real estate transaction involving the building 

containing the non-certified wood stove(s) or fireplace 

insert(s). 

 (d) Sole Heating Source - It shall be unlawful for a solid 

fuel-fired appliance to be the sole source of heat in 

any non-owner (tenant) occupied dwelling unit within 

Klamath County. 

 (e) Solid Fuel-fired Appliance Fuel - Only dry, seasoned 

cordwood, pressed sawdust logs, organic charcoal or 
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pellets specifically manufactured for the appliance may 

be burned in a solid fuel-fired appliance. 

 (f) Any newly constructed fireplaces must comply with 

fireplaces ASTM standards. Any retrofitted fireplace 

must meet fireplace ASTM standards. 

 (g) Prohibited Materials - Prohibited materials as defined 

in Section 406.005(25) and Oregon Administrative Rule 

340-264-0060(3), shall not be burned in fireplaces, 

solid fuel-fired appliances, pellet stoves or cook 

stoves within Klamath County. An exception is the 

burning of re-refined used oil in an approved oilburning device. 

 (4) OPEN/OUTDOOR BURNING REQUIREMENTS - This section 

 pertains to burning as defined in Section 406.005(20). 

 (a) All open burning is prohibited during Red or Yellow 

Advisory Periods within Klamath County unless a 

Certificate of Variance has been issued by the Klamath 

County Environmental Health Division in accordance with 

Section 406.250. 

 

 (b) Open Burning Hours: 

 (i) Open burning fires are not to be started until one 

hour after sunrise and must be completely out one hour 

before sunset, unless otherwise directed by the local 

fire department. 

 (ii) Burning conducted for forest or ecosystem 

management, for example slash fires, are not required 

to be out by sunset. 

 (c) Local Fire Permit Required - Persons burning, shall 

adhere to all municipal, local Fire Department, State 

Fire Marshal or Oregon Department of Forestry or DEQ 

rules, ordinances, or restrictions. 

 (d) Responsible Person: 

 (i) A responsible person, as defined in Section 

406.005(26), must constantly attend all open 

burning. 

 (ii) This person must also completely extinguish the 

fire before leaving it. 

 (e) Prohibited Materials – Burning of Prohibited materials 

as defined in Section 406.005(25) and Oregon 

Administrative Rule 340-264-0060(3), in outdoor or open 

fires is prohibited. 
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 406.150 Air Quality Pollution Requirements Applying Within 

the Air Quality Zone. In addition to the requirements in Section 

406.100 the following requirements apply: 

 (1) SOLID FUEL-FIRED APPLIANCES - This section applies to 

the use of solid fuel-fired appliances for residential and 

commercial heating within the Air Quality Zone. 

 (a) During a Red Advisory Period, no person shall operate 

any solid fuel-fired appliance except a pellet stove. 

 

 (b) During a Yellow Advisory Period, no person shall operate 

an non-certified wood stove, non-certified wood stove 

insert, or fireplace. Only certified solid fuel-fired 

appliances and pellet stoves may be operated. 

 (c) During a Green Advisory Period, non-certified wood 

stoves, non-certified wood stove inserts, fireplaces, 

certified wood stoves, certified wood stove inserts and 

pellet stoves may be used for indoor heating. 

 (d) Visible Air Contaminant Emissions. No person operating 

a solid fuel-fired appliance within the Air Quality 

Zone shall allow smoke of an opacity of greater than 

20%, or comparable to that described in the Ringelmann 

Smoke Chart (Exhibit B), to be vented to the atmosphere 

for more than three (3) minutes in any one (1) hour 

period. Emissions created during a ten (10) minute 

start-up period are exempt. 

 (e) Burn-down time. A Burn-down time, not to exceed three 

(3) hours, will be given on Red or Yellow Advisory 

Periods. No enforcement action described in Section 

406.300 will take place for visible air contaminant 

emissions emitted during the burn-down time. 

 (f) Emergency Conditions. An exemption to Section 406.150 

may be issued by the Klamath County Environmental Health 

Division to allow the use of normally prohibited solid 

fuel-burning appliances within the Air Quality Zone, 

during periods when: 

 (i) utility suppliers declare energy shortages; 

 (ii) electric power or outages occur; 

 (iii) interruptions occur of natural gas supplies; or 

 (iv) temporary failure occurs of a resident’s 

heating system when there is an immediate need to 

operate a solid fuel space-heating device to 

protect family/individual health and welfare. 
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 (2) OPEN BURNING - Except as specified in this section or 

allowed by Section 406.250, open burning is prohibited 

within the Air Quality Zone. 

(a) Open Burning Window: The Klamath County Environmental 

Health Division Manager, in consultation with the Board of 

County Commissioners, the City of Klamath Falls Code 

Compliance Officer and Fire Districts No. 1 and No. 4 may 

declare two specific fifteen (15) day periods a year during 

which times the open burning of residential yard debris, as 

defined in Section 406.005(32)(h), will be allowed within 

the Air Quality Zone. Open Burning Windows within the Air 

Quality Zone will occur in Spring and Fall. Each window 

will include three (3) weekends. 

 (i) During the Open Burning Window, the Klamath County 

Environmental Health Division may temporarily prohibit 

open burning should poor ventilation episodes occur, or 

be forecast. 

 (ii) The Klamath County Environmental Health Division 

Manager in consultation with the Board of County 

Commissioners, the City of Klamath Falls Code Compliance 

Officer, and Fire Districts No. 1 and No. 4 may extend 

the Open Burning Window one day for every day in which 

open burning has been prohibited during the Open Burning 

Window due to poor ventilation or weather conditions. 

(b) All agricultural open burning is prohibited at all times 

in the Air Quality Zone unless unless issued a variance in 

accordance with Section 406.250. 

(c) The use of burn barrels and other outdoor burning 

devices is prohibited. 

(d) A Certificate of Variance, as defined in Section 

406.250(1), to allow Open Burning outside the Spring or 

Fall Open Burning Windows, may be issued on a case by case 

basis within the Air Quality Zone when an emergency, or 

substantial need, is documented. 

 406.200 Certificates of Exemption.

 (1) ISSUANCE - The Klamath County Environmental Health 

Division Manager or designee may issue a Certificate of 

Exemption to allow the use of solid fuel-fired appliances 

within the Air Quality Zone for residential space heating 

purposes during Red, or Yellow or Green Advisory Periods. 

 (a) All applications for Certificates of Exemption shall be 

on forms provided by the Klamath County Environmental 

Health Division. 

 
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 (b) Within five (5) working days of receiving a completed 

application, the Klamath County Environmental Health 

Division shall review and: 1) approve the application; 

2)approve the application with conditions; or 3) deny 

the application. 

 (c) Klamath County Environmental Health Division shall not 

charge a fee for processing an application or issuing a 

Certificate of Exemption. 

 (d) All Certificates of Exemption expire on May 15 of each 

year. 

 (e) Applying for the renewal of all Certificates of 

Exemption is the responsibility of the registrant. 

 (2) LOW INCOME EXEMPTION - A low-income person, either 

tenant or owner, after submitting adequate documentation, 

may be granted a Certificate of Exemption to use a solid 

fuel-fired appliance, for residential heating, during Red 

and Yellow Advisory Periods.

 406.250 Certificates of Variance. Certificates of Variance 

issued by Klamath County Environmental Health Division are 

required for all Open Burning not conforming to the requirements 

of Section 406.100(4) and Section 406.150(2). 

 (1) CERTIFICATE OF VARIANCE. 

 (a) All applications for Certificates of Variance shall be 

on forms provided by the Klamath County Environmental 

Health Division and submitted at least five (5) working 

days prior to the proposed or desired starting date of 

the variance. 

 (b) Within five(5) working days of receiving a completed 

application, the Klamath County Environmental Health 

Division shall review and: 1) approve the application; 

2) approve the application with conditions; or 3) deny 

the application. 

 (c) Klamath County Environmental Health Division shall not 

charge a fee for processing an application or issuing a 

Certificate of Variance. 

 (d) Inside the Air Quality Zone, Klamath County Fire 

Districts No.1 and No.4, the City of Klamath Falls, and 

the Klamath County Environmental Health Division may 

develop an interagency agreement to expedite the 

processing of applications. 

 (e) The Klamath County Environmental Health Division 

Manager, or designate, may issue a Certificate of 
114

Variance for an area of the county when the 

meteorological conditions are expected to be different 

from those forecast for other parts of the county. 

 

406.300 Enforcement.

 (1) Klamath County Environmental Health Division Staff will 

monitor and enforce compliance with this Chapter countywide. 

Minor violations of this Chapter will result in a Notice of 

Noncompliance being sent to the violator. Repeated or major 

violations will result in the issuance of a Citation and 

Summons to the violator to appear in court. 

 (2) When a Klamath County Air Quality Inspector has 

observed a violation of this Chapter, he or she shall 

transmit this information, along with the documentation, to 

the Klamath County Environmental Health Division Manager. 

The Environmental Health Manager will review the submitted 

documentation and: 

 (a) If the documentation is complete, the Environmental 

Health Manager will issue a Notice of Noncompliance, a 

Citation and Summons to the violator to appear in 

court, or other legal action depending on the severity 

and frequency of the violation. 

 (b) If the documentation is not complete, the 

Environmental Health Manager will issue a Notice of 

Noncompliance to the alleged violator, and send a copy 

of the documents to the Air Quality Inspector who 

observed the violation. 

 (3) NOTICE OF NONCOMPLIANCE - A Notice of Noncompliance as 

defined in Section 406.005(19) may be issued to the violator 

as the sole enforcement action, or in addition to a 

citation. 

 (a) The notice shall contain the date, time and 

 street name and number and the violation 

 observed. 

 (b) The notice shall specify the corrective 

 action that must be taken and the time in which 

 it must be accomplished. 

 (c) The notice may require that within ten (10) days 

of correcting the violation, the violator shall in 

writing notify the Klamath County Air Quality 

Inspector that the corrective action has been 

taken. 

 (4) AIR QUALITY CITATIONS - An appropriate law enforcement 

officer or a Klamath County Environmental Health Division 
115

Manager may issue a Citation and Summons to appear in court 

for a violation of this Chapter.

 406.400 Penalties. Failure to comply with the provisions 

of this Chapter shall be subject to fines of up to $720.00 for a 

one-time occurrence, and fines of not more than $1,000.00 for a 

continuing, or repeated offense. This provision will be enforced 

in accordance with Chapter 800, Uniform Civil Violation Procedure 

of the Klamath County Code. 

 406.450 Severability. If any section, subsection, 

sentence, clause, phrase or portion of this Chapter is for any 

reason held invalid or unconstitutional in a court of competent 

jurisdiction, such portion shall be deemed a separate, distinct 

and independent provision, and shall not affect the validity of 

the remaining portion thereof. 

 406.500 Air Quality Advisory Committee and Contingency 

Strategies. 

(1) COMMITTEE. Klamath County Board of Commissioners hereby 

establishes the Klamath County Air Quality Advisory Committee. 

The purpose of the Committee is to evaluate relevant air quality 

data; identify significant contributing emission sources; develop 

appropriate emission reduction strategies such as the expansion of 

the Air Quality Zone and will recommend action to the Board of 

County Commissioners. The committee will meet semi-annually, once 

in the spring and again in the fall, and at other times as deemed 

necessary. The Committee will be composed of interested persons 

representing industry, the general public and governmental 

agencies. 

(2) CONTINGENCY MEASURES. If the Klamath Falls Nonattainment 

Area does not meet the federal deadline (December 2014) for 

compliance with PM2.5 (2006) standard by the Department of 

Environmental Quality, Klamath County automatically requires the 

following Best Available Control Measures to become additions to 

Sections 406.100 and 406.150: 

 (a) Beginning March 1, 2015, within the air quality zone, 

the use of fireplaces, without certified inserts or not 

meeting fireplace ASTM standards, shall be prohibited between 

November 1 and February 28 of each winter heating season. On 

a case by case basis, the Environmental Health Program may 

grant a limited short term exemption for holidays or special 

occasions on green advisory days only in accordance with 

Section 406.200. 

The Exhibits can be obtained from the County Counsel Office, 305 

Main Street, 2nd Floor, Klamath Falls, OR 97601; the Klamath County 

Library; or the Klamath County Law Library. They can also be 

accessed at the following links: