South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-10-06


suggestions. Recommendations. advice
Or other communications that may
De Submitted 20 him IN writing by
the said committee.
Expert Advice. Sec. $50. The
citizens smoke-aoatement committee
may procurse the services OF a con-
sutng mechanical engineer OF recog-
nized ability who has had experience
IN the INSTALLATION and operation OF
steam power and heating plants. and
particularly IN the prevention Of
smoke IN such plants, 70 advise the
Commissioner OF Buildings and the
committee upon engineering prob
lens IN connection with the smoke
abatement work whenever such ad-
vice is required; provided, however,
that the total expense incurred for
such consulting advice shall not ex-
coed the sum allowed for such pur-
pose by the common council.
Plans for Construction. Sec ISL
II shall be unlawful for the owner
lessee or operator OF any existing
plant, or OF any plant about 10 be
constructed, for the production of
power or heat, 10 proceed with the
constru ction, reconstruction or alter
alton Of such plant until plans and
specifications for such work shall
have been submitted 20 the Commits
sioner OF Buildings, approved by him
and permit for such work issued.
These plans and specifications shall
show the nature and extent OF the
work TO be done, including the pro-
vision that Is 10 be made for the
prevention Of smoke. II, in the opin-
ION OF the Commissioner of Build
ingS, the provision made for the
prevention NJ smoke is not suff1 Client
70 enable the owner or lessee TO
operate the plant under the condi-
tions that viii be imposed upon IL
without violating the provisions OF
this ordinance, the approval of such
plans shall be withheld. Provided,
however. that no discrimination shall
be exercised for or against any
method including hand firing. which
Will and does not prevent the ennis
sion Of dense smoke except as here
matter provided Upon the approval
Of such plans a duplicate copy shall
be left the Commissioner OF Build
ings and il shall be the duty OF the
Commissioners to see that the work is
done in accordance with the plans
ard specifications.
The foregoing provisions OF this
section shall not apply 10 the steam
plants in buildings used exclusively
for private residence purposes in
which the number OF families oc-
cupying apartments shall be less than
five, nor TO minor necessary or
emergency alterations or repairs in
any other plants which alterations
or repairs do not increase the capa-
city Of said plants. or which do not
involve any substantial alterations in
structure, and which do not involve
any alterations In the method or eff
ficiency of smoke prevention.
Smoke Nuisance. Sec. 1852. 1t
shall hereafter be unlawful for any
person, firm or corporation owning.
operating or maintaining any gar
bage. coal burning, or other equip
ment within the limits Of the city TO
operate the same as 10 permit the
escape of deleterious substances or
gases in sufficient quantities 20 have
an injurious effect on plant or anil
NAL life or to prove a nuisance to the
surrounding community.
The emission Of dense smoke
within the city from the smokestack
of any team roller, steam derrick,
steam pile driver, tar or asphalt ket-
tie or other similar machine or con-
trivance, or from the smoke stack
or chimney of any building or prem
ises, except for periods of not to ex-
coed nine consecutive minutes In
any one hour from 4:30 a. m. TO
$50 a. m. and from p. m. to
p. m, and except for periods not to
exceed four minutes in any one hour
other than above mentioned during
which period or periods the fire box
Is being cleaned or a new fire is
being built therein, is hereby de-
clared a nuisance.
Officers. Right TO Enter Premises.
Sec. 1853. All officers and inspectors
OF the Building Department of the
City of South Bend are hereby
authorized to enter, during reason
able hours upon any premises upon
which is located any f1ue. chimney or
smoke stack or any other structure
or appliance from which any smoke,
SCOT, ashes or cinders shall be dis
charged. for the purpose of making
an examination as to the cause of
the discharge Of such smoke, SCOT,
ashes or cinders and for the purpose
OF ascertaining the kind or charac-
ter OF fuel used ard the manner Of
using the same and any other fact
or facts showing compliance with or
violation Of this ordinance. Such
officers or inspectors shall make a
detailed report TO the Building De-
partment OF each such examination,
which report shall show all facts
ascertained by such examination.
Abatement. Sec. 764 And nuis-
ance such as herein specified may
be summary abated by the Commits
sioner of Buildings or by any one
whom he may duly authorize for the
purpose and such abatement may be
in addition TO the fine hereinafter
provided.
Violation. Sec. 765. Any person
or persons firm or corporation own
ing, operating or in charge or con-
troll Of any locomotive, steamboat.
steam boiler, steam derrick, steam
pile driver. tar or asphalt kettle or
other similar machine or contrivance'
or OF any building or premises. who
shall cause or permit the emission of
dense smoke within the city. in con-
travention OF the provisions Of this
ordinance from the smokeStack OF
any such locomotive, steamboat,
steam tug, steam roller. steam pile
driver, stea mderrick, tar or asphalt
kettle, or other similar machine or
continuance. or from the smoke
stack or chimney of any building or
premises so owned, controlled or in
charge of him, her or them. shall be
deemed guilty OF a violation of this
ordinance and shall be snubject to
the penalties hereinafter stated
Density OF Smoke Grading. Sec.
766. For the purpose Of grading the
density Of smoke, the Ringelmann
smoke chart, as published and used
by the Federal Bureau of Mines
shall be the standard Of comparison.
Smoke shall be considered dense"
when II is Of greater density than
No. Of the chart.
Private Dwellings, Exceptions.
Sec. 767. The provisions OF this sec
ton ehall not apply TO detached pri-
vate residences. nor 10 buildings
used exclusively for private resi-
dence purposes. in which the num-
Der of families occupying apart
ments shall be less than five.
Prosecutions. Sec. 768. II shall be