TheBakersfieldCalifornian.com

As the first rays of sunshine pierced the dense Bakersfield air, Mike Oldershaw searched for smoke.

"You want a sample of air across your face," he said, adjusting his truck's air vent. "You usually don't see it first, you smell it."

This morning, though, his eyes led him to the culprit: a stucco home in northwest Bakersfield with a wisp of gas piping out its tile roof.

Oldershaw, an air quality compliance manager with the San Joaquin Valley Air Pollution Control District, had spotted what could be the day's first no-burn violator.

When people receive tickets, "they're going to be pretty upset," he said, after snapping a photograph of the house. "But if this improves the lives of four million people, to me, this is a reasonable ticket."

This season, there have been 15 days when burning is prohibited in Kern County, during which time inspectors logged 36 violations -- the same number recorded during all last season (November to February). The high number of violations could be attributed to this year's colder evenings, officials said.

Residents who receive a violation notice in the mail can defend themselves through an in-person appeals meeting. There are some exceptions to the rule, such as residences where the only source of heat is a fireplace.

Violators face either a $50 ticket or enrollment in so-called "smoke school," which involves a take-home test. For repeat offenders, fines can soar to $1,000.

For inspectors in the field, detecting violations is an imperfect science. They have to distinguish between polluting chimney smoke and innocuous steam seeping from rooftop vents. Gated communities and high fences can thwart detection. Sometimes, it's hard to track down the scent of smoke, and far-off chimneys can disappear amid the maze of subdivisions.

From the street, inspectors photograph the smoke and the residence's address, which they'll send up to Fresno for final review. Staying in the car isn't just warmer; it's safer to avoid confrontation on a topic that can trigger angry responses.

Burn bans have been a hot-button issue in Kern County, with opponents saying the ban violates their personal freedoms and rights. Some argue the district should go after bigger violators, and reject the idea of tattling on neighbors.

The district has received expletive-laden messages about residents' "rights infringement." Once, an inspector had to dodge an angry homeowner wielding a kitchen knife. To ride along with an inspector, a Californian reporter had to sign a liability release form, and show proof of worker's compensation.

"Some people leave us messages saying 'Come and get me,'" said Seyed Sadredin, the district's chief. "But they're in the minority. We get a lot of calls on the other side saying thank you for this."

Since the first generation of no-burn rules took effect in 2003, the district says it has been the most effective way of reducing particulate pollution at the lowest cost. While tougher pollution rules imposed on business can cost tens of millions, this controversial restriction reduces particulate pollutions by 16 tons a day valleywide -- the equivalent of taking about 140,000 trucks off the road on a given day -- for the sole cost of not using a fireplace or wood stove, officials say.

For those who struggle with the cost of a less polluting heater -- such as a pellet stove or free-standing gas stove -- there is a grant program offering up to $1,500 to fund the equipment. The district puts half a million into the program yearly, with a "soaring" number of residents taking advantage in recent years, Sadredin said.

But, even for those who say it's more economical to burn, Sadredin disagrees: "Unless you're getting free wood, it costs more to use purchased wood than a natural gas furnace."

Most violators reform after they attend "smoke school," which includes questions such as the hours of curtailment (midnight to midnight) and the health effects of inhaling smoke. Sadredin said the newly educated residents are often full no-burning converts.

"The thing that is the most helpful to them is when you point out the severity of smoke and their health," he said.

Enforcement is an important part of the rule, though the district is tight-lipped about inspectors' timing and whereabouts. On every no-burn day, they're patrolling somewhere in the valley.

"We don't want to tip our hand," Oldershaw said.

On a recent Thursday morning, he photographed just two possible violations, and tried in vain to track down the scent of smoke on another.

But, later that day, he discovered that higher-ups in Fresno had dismissed them: it wasn't clear that the vents in question were chimneys and not clothes dryers. Still, Oldershaw wasn't deterred, pointing out that just being out and about with an air district vehicle shows residents the rule is a serious one.

"At least we're out looking," he said.