CHAPTER 7-07
SOLID FUEL BURNING DEVICES
SECTIONS:
7-07-001-0001 DEFINITIONS:
7-07-001-0002 GENERAL RULES AND STANDARDS:
7-07-001-0003 INSTALLATION:
7-07-001-0004 VIOLATIONS:
7-07-001-0001 DEFINITIONS:
A. "Antique Wood Heater" means a wood heater or fireplace insert manufactured prior to 1940 that has an ornate construction and a current market value substantially higher than a common wood heater or fireplace insert manufactured in the same time period and whose primary purpose is decorative.
This appliance is exempt from the emission standards and requirements of Section 2 with the following stipulation. An antique wood heater shall not be used on a regular basis as a sole source of heat to maintain a habitable room temperature.
B. "Certified Device" means a wood heater or fireplace insert, which has been certified in accordance with current standards adopted by the Environmental Protection Agency.
C. "Coal" means a mineral substance consisting of carbonized vegetable matter.
D. "Cook Stove" means wood-fired appliance that is designed primarily for cooking food and that has the following characteristics:
1. An oven, with a volume of 0.028 cubic meters (1 cubic foot) or greater, and an oven rack,
2. A device for measuring oven temperatures,
3. A flame path that is routed around the oven,
4. A shaker grate,
5. An ash pan,
6. An ash clean-out door below the oven, and
7. The absence of a fan or heat channels to dissipate heat from the appliance.
This appliance is exempt from the emission standards and requirements of Section 2.
E. "Open Masonry Fireplace" means a hearth and fire chamber of solid masonry units such as bricks, stones, listed masonry units, or reinforced concrete, provided with a suitable chimney.
Open masonry fireplaces without modification to create an air-starved operating condition, are exempt from the emission standards and requirements of Sections 2 and 3.
F. "Fireplace Insert" means a factory-built, field-installed product consisting of a firebox assembly designed to be installed within or partially within the fire chamber of a fireplace that uses the fireplace flue to vent the products of combustion.
This appliance must meet the emission standards and requirements of Section 2 and 3.
G. "Pellet Burner" means a solid fuel burning device designed to heat the interior of a building. It is a forced draft heater with an automatic or manual feed which supplies appropriately sized feed material or compressed pellets of wood or other biomass material to the firebox.
This appliance must meet the emission standards and requirements of Sections 2 and 3.
H. "Solid Fuel Burning Appliance" means a chimney-connected device that burns solid fuel designed for purposes of heating, cooking or both. These appliances include wood heaters and fireplace inserts.
I. "Stove Kit" means a kit that may include a door, legs, flue pipe and collars, brackets, bolts and other hardware and instructions for assembling the wood heater with ordinary tools.
Wood heaters built from such kits must meet all emission standards and requirements of Sections 2 and 3.
J. "Boiler" means a solid fuel burning appliance used primarily for heating spaces, other than the space where the appliance is located, by the distribution through pipes of a gas or fluid heated in the appliance.
This appliance is exempt from the emission standards and requirements of Section 2.
K. "Furnace" means a solid fuel burning appliance that is designed to be located outside of ordinary living areas and that warms spaces other than the space where the appliance is located, by the distribution of air heated in the appliance through ducts.
This appliance is exempt from the emission standards and requirements of Section 2.
L. "Structure" means anything which is built or constructed, an edifice or building of any kind, or any piece of work that is artificially built up or composed of parts joined together in some definite manner.
M. "Uncertified" means a wood heater or fireplace insert that cannot be verified as meeting the certified standards.
N. "Wood Heater" means an enclosed wood burning appliance capable of, and intended for space heating and domestic water heating that meets all of the following criteria:
1. An air-to-fuel ratio in the combustion chamber averaging less than 35-to-1,
2. A usable firebox volume of less than 20 cubic feet,
3. A minimum burn rate less than 5 kilograms per hour, and
4. A maximum weight of 800 kilograms.
Appliances that are described as prefabricated fireplaces and are designed to accommodate doors or other accessories that would create the air-starved operating conditions of a wood heater, must meet the emission standards if they meet the criteria in the above definition with those accessories in place.
Wood heaters may include wood stoves, prefabricated fireplaces or any solid fuel burning appliances that meet the criteria in the above definition, unless the solid fuel burning appliance is specifically exempted below.
Wood heaters do not include open masonry fireplaces, barbecue devices, gas-fired fireplaces, boilers, furnaces, antique wood heaters or cook stoves.
In the event that a definition hereby defined is unclear or raises a conflict, the standard definitions as set forth by the United States Environmental Protection Agency shall prevail. (Ord. 1803, 09/06/94)
(Ord. No. 1664, Enacted, 06/05/90; Ord. No. 1803, Amended, 09/06/95)
7-07-001-0002 GENERAL RULES AND STANDARDS
A. Commencing July 1, 1990, it is unlawful for any person to advertise, sell, offer to sell or install any wood heater or fireplace insert in any structure within the City of Flagstaff if it emits more than the EPA Phase I standard of 8.5 grams of particulate matter per hour for a non-catalytic appliance or 5.5 grams of particulate matter per hour for a catalytic appliance. Commencing July 1, 1992, the standard shall be the EPA Phase II standard of 7.5 grams of particulate matter per hour for a non-catalytic appliance and 4.1 grams of particulate matter per hour for a catalytic appliance. The presence of an EPA certification label on a device is evidence the device meets these standards.
B. On or after July 1, 1990 no coal shall be burned by any person within the City of Flagstaff.
(Ord. No. 1664, Enacted, 06/05/90)
7-07-001-0003 INSTALLATION
A. Commencing July 1, 1990 no person shall install a wood heater or fireplace insert without first obtaining a permit from the building department for such installation in accordance with the applicable provisions of the Uniform Building Code and Uniform Mechanical Code as adopted by the City of Flagstaff. Commencing July 1, 1990 installation of a wood heater or fireplace insert shall comply with all written manufacturer’s specifications. A wood heater or fireplace insert shall not be operated until after its inspection and approval, upon completion of the installation, by the City Building Inspector or his designee.
(Ord. No. 1664, Enacted, 06/05/90)
7-07-001-0004 VIOLATIONS
A. A violation of Sections 2 and 3 of this Ordinance of the Flagstaff City Code is declared to be a misdemeanor.
B.
1. Advertising, selling, offering to sell an uncertified wood heater or fireplace insert, or installing any wood heater or fireplace insert in any structure without having obtained a required permit is punishable by a fine of $100.
2. A second offense is punishable by a fine of $300.
3. A third offense is punishable by a fine of $500.
4. Subsequent offenses are each punishable by a fine of $1,500.
C.
1. A violation of Section 2 of this Ordinance by any person is punishable by a fine of $100.
2. Subsequent violations are each punishable by a fine of $1,000.
D.
1. A violation of Section 3 of this Ordinance by any person is punishable by a fine of $100.
2. Subsequent violations are each punishable by a fine of $1,000.
E.
1. Any wood heater or fireplace insert that is not in compliance with Sections 2 and 3, shall be removed or replaced with certified wood heaters or fireplace inserts within 30 days of notification, or the owner will be subject to a fine of $10 per day until the non-complying wood heaters or fireplace inserts are removed or replaced.
F.
1. The term "subsequent violation" means a violation that has occurred after a conviction and sentence for an earlier violation.
2. Upon conviction of a fifth subsequent violation, a later violation of any provision of this Article shall be punishable by a fine of $2,500.
G. The violation of a provision of this Code by an employee of a firm while engaged in business on behalf of the firm shall be deemed to be a separate violation by the employee and by the managing owner, partner, or officer of the firm.
H. A violation of any provision of this Article not included within Subsections A-G above, shall be punishable by a fine not to exceed $500. (Ord. 1664, 6/5/90)
(Ord. No. 1664, Enacted, 06/05/90)