(1) The operation of a solid fuel burning device within the City of Medford during a high pollution period shall be prohibited unless an exemption has been granted pursuant to Section 7.224. A rebuttable presumption of a violation for which a citation shall be issued shall arise if smoke is being discharged through a flue or chimney after a time period of three hours has elapsed from the time of declaration of the high pollution period. Any resident of the premises who is over the age of eighteen years shall be presumed to be the violator unless rebutted by contrary evidence.

(2) Notwithstanding subsection (1) of this section, the operation of an Oregon Certified solid fuel burning device shall be permitted during a high pollution period so long as no visible emissions of smoke are discharged through a flue or chimney after a time period of three hours has elapsed from the time of the declaration of the high pollution period. The provisions of this subsection shall not apply to emissions of smoke during the starting or refueling of a fire for a period not to exceed 30 minutes in any four-hour period.

(3) No property owner within the City of Medford shall rent or lease a residential unit that is not equipped with a secondary source of heat other than a solid fuel burning device, unless the landlord has a valid exemption under Section 7.224. Should a violation of this section occur it shall be attributable to the property owner and not to the tenant or lessee.

(4) No person owning or operating a solid fuel burning device shall at any time cause, allow, or discharge emissions from such device which are of an opacity greater than fifty percent (50%). The provisions of this subsection shall not apply to emissions during the starting or refueling of a new fire for a period not to exceed 30 minutes in any four-hour period. For the purposes of this section opacity percentages shall be determined by a certified observer using the standard visual method listed in 40 CFR 60A, Method 9, or operation of equipment approved by the Jackson County Department of Health and Human Services that is known to produce equivalent or better accuracy.

(5) It shall be unlawful for any new or used solid fuel heating device to be installed in the City of Medford after the effective date of this section of the Code unless the device is installed pursuant to the City of Medford regulations; the solid fuel heating device complies with the Oregon Department of Environmental Quality Particulate Emission standards for certified woodstoves; and for all new construction, the structure contains an alternate form of space heating, including natural gas, propane, electric, oil, solar, or kerosene, sufficient to meet necessary space heating requirements, so that during episodes of high pollution levels, the occupant will be able to heat the home with other than a solid fuel heating device. If the conditions set forth in this subsection are not fulfilled, no person in possession of the premises shall cause or permit, and no public agency shall issue any permit for the installation of the device.