Pubdate: Mon, 11 Nov 2013
Source: Denver Post (CO)
Copyright: 2013 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Jeremy P. Meyer
Page: 1A

NOSE FOR THE JOB

When Pot Smells in Denver, the Nasal Ranger Investigates

Ben Siller looked ridiculous on a recent afternoon, standing on a
downtown Denver street corner with a giant device clamped to his face
sniffing the air for odorous evidence of marijuana.

"What are you doing?" asked Jimmy Smith, owner of Higher Expectations
dispensary south of Mississippi Avenue near the South Platte River.

In the dawning age of legal marijuana in Denver, the city is getting
more and more complaints about the unmistakable odor wafting through
the streets- a skunky, herbal scent that has prompted dozens of calls
to the city's hotline.

That's when Siller with his Nasal Ranger device jumps into
action.

An investigator with the Denver Department of Environmental Health,
Siller for 26 years has been looking into odor complaints. They can
range from smoke from a kitchen to industrial odors.

Siller will bring his device to the area and sniff the air,
determining whether the odor violates the city odor law. Rarely does
that happen.

"It has to be a very strong odor," Siller said.

The pungent odor of marijuana plants or even secondhand pot smoke
won't violate the odor law, which is determined by volume. A violation
occurs after the odor exceeds the 7-1 ratio-when one volume of odor
is detectable with seven or more volumes of non odorous air.

The Nasal Ranger - the cone like contraption that Siller attaches to
his nose-dials in the strength of the odor. Almost never does the
smell surpass the 7-to-1 dilution threshold.

It hasn't happened since 1994. Odors would have to be pretty strong,
an industrial-level aroma, like what would come from an ill managed
rendering plant.

Marijuana smoking or grow facilities won't reach that level, Siller
said. Most grow facilities have ventilation systems and filters to
prevent odors from escaping, even when marijuana cultivation is at its
stinkiest during the harvest times, said Smith, owner of Higher
Expectations.

Siller also advises warehouses to be good neighbors and try to reduce
the odors as best they can, even though they are not breaking the law.

The city also may issue citations when five or more residents call in
an odor complaint within a 12-hour period. That also rarely happens
but is more frequent.

New odor in town

Neighbors in the Washington Park neighborhood last year called in
successive complaints about a wood-burning pizza restaurant, which was
cited and later put in a system to diffuse the smoke.

Also, neighbors in the River North neighborhood have regularly
complained about Kasel Industries, which makes pig-ear dog treats. The
city gave Kasel a $500 citation for nuisance As odors, and the company
turned around and sued the city. The cases were later dropped, Siller
said.

As far as marijuana, complaints began coming in a few years ago from
people saying they were smelling a new odor in the city, mostly around
industrial areas.

"I had an old guy call, complaining about this unusual odor whenever
he drove past Mississippi and Santa Fe," Siller said. "I knew right
away what it was, and told him that it was marijuana. His reaction
was, 'What?' "

>From January to September, the city received 85 odor complaints, 11
related to marijuana. Last year, there were 288 odor complaints and 16
were marijuana-related.

The Denver City Council last month presented a list of proposed rules
about marijuana possession and consumption that would have prohibited
even the smell of marijuana smoke coming from private properties.

"I thought, 'Uh-oh, we are going to start getting calls,' " Siller
said.

That rule has been scaled back, and the council meets again on the
matter Tuesday.

Council President Mary Beth Susman said the city must evaluate its
odor laws. Now, public consumption of marijuana is illegal, but no
recourse exists for people affected by the smoke or who are offended
by the odors.

"Odor can be subjective," Susman said. "It's hard to legislate odor.
The strength that is required to register on the Nasal Ranger is
something we need to look at. I also wonder if people will get used to
the smell and the dislike of it now may change over time."

Councilman Charlie Brown, who chairs the committee looking into
marijuana issues, said he wouldn't like for his privacy to be violated
by marijuana smoke.

"If I was hosting a birthday party for 7-year-olds in my backyard and
the neighbors' marijuana smoke was drifting over the fence, I would be
concerned," he said. "The best way to prevent that is to communicate
with your neighbor. The truth is creating an ordinance to prevent it
is very difficult, but the council is looking at a variety of options."
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MAP posted-by: Matt