Chapter 15.30


15.30.100    Findings.

15.30.120    Definitions.

15.30.130    Applicability.

15.30.140    Exemptions.

15.30.150    General requirements.

15.30.160    Compliance.

15.30.170    Severability.

15.30.100 Findings.

The State Air Resources Board (ARB) adopted a particulate matter (PM10) Ambient Air Quality Standard (AAQS) in December 1982, and levels for the PM10 AAQS were selected pursuant to California Code of Regulations Title 17 Section 70200 to protect the health of people who are sensitive to exposure to fine particles.

Research indicates that woodsmoke is a significant contributor to PM10 levels that pose significant health risks. The City of Livermore desires to lessen the risk to life and property from air pollution from wood burning appliances.

The City of Livermore finds that the proposed regulation will significantly reduce the increase in particulate emissions from future installation and construction activities.

The City of Livermore finds a need exists to adopt regulations which apply to wood burning combustion emissions.

The City of Livermore supports the restriction of using any wood burning appliance when the Bay Area Air Quality Management District issues a “Spare the Air Tonight” warning and when an alternate approved heat source is available.

This chapter was found to be categorically exempt from environmental review, per the provisions of Section 15061(b)(3) of the California Environmental Quality Act of 1970, as amended. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; Ord. 1651 § 1, 2001. Formerly 15.72.100)

15.30.120 Definitions.

A. “Bay Area Air Quality Management District” means the air quality agency for the San Francisco Bay Area pursuant to the California Health and Safety Code Section 40200.

B. “EPA” means United States Environmental Protection Agency.

C. “EPA certified wood heater” means any wood heater that meets the standards in Title 40, Part 60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations.

D. “Fireplace” means any permanently installed masonry or factory-built wood burning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to 35:1.

E. “Garbage” means all solid, semi-solid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solids and semi-solid wastes, and other discarded solid and semi-solid wastes.

F. “Gas fireplace” means any device designed to burn natural gas or propane in a manner that simulates the appearance of a wood burning fireplace.

G. “Masonry fireplace” means any wood burning appliance with a fire chamber of solid masonry units such as bricks or stones that is constructed on site.

H. “Pellet-fueled wood heater” means any wood burning appliance that operates exclusively on wood pellets.

I. “Solid fuel” means wood or any other non-gaseous or non-liquid fuel.

J. “Treated wood,” means wood of any species that has been chemically impregnated, painted or similarly modified to improve resistance to insects or weathering.

K. “Waste petroleum products” means any petroleum product other than gaseous fuels that has been refined from crude oil, and has been used, and as a result of use, has been contaminated with physical or chemical impurities.

L. “Wood burning appliance” means fireplace, wood heater, or pellet-fired wood heater or any similar device burning any solid fuel used for aesthetic or space-heating purposes. (Ord. 1833 § 9, 2007; Ord. 1651 § 1, 2001. Formerly 15.72.120)

15.30.130 Applicability.

This chapter shall apply to all wood burning appliances within the limits of the City of Livermore as set forth below:

A. All wood burning appliances installed in new residential units.

B. All wood burning appliances installed in new commercial buildings (commercial buildings shall include, but not be limited to, hotels and restaurants).

C. The conversion of a gas fireplace to burn wood shall constitute the installation of a wood burning appliance and shall be subject to the requirement of this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; Ord. 1651 § 1, 2001. Formerly 15.72.130)

15.30.140 Exemptions.

The following shall be exempt from the requirements of this chapter:

A. Decorative gas log fireplace;

B. Wood burning appliances used for food preparation or cooking;

C. Remodels or repairs. (Ord. 1833 § 9, 2007; Ord. 1651 § 1, 2001. Formerly 15.72.140)

15.30.150 General requirements.

It shall be unlawful to install a wood burning appliance that is not one of the following:

A. A pellet-fueled wood heater;

B. An EPA certified wood heater;

C. A masonry fireplace;

D. A wood burning fireplace with a decorative gas log insert;

E. A wood burning appliance that has been certified by the Northern Sonoma Air Pollution Control District. (Ord. 1833 § 9, 2007; Ord. 1651 § 1, 2001. Formerly 15.72.150)

15.30.160 Compliance.

Any person who plans to install a wood burning appliance must be in compliance with this chapter and shall obtain all necessary construction permits. (Ord. 1833 § 9, 2007; Ord. 1651 § 1, 2001. Formerly 15.72.160)

15.30.170 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. (Ord. 1833 § 9, 2007; Ord. 1651 § 1, 2001. Formerly 15.72.170)