Chapter 15.64


15.64.010    Purpose.

15.64.020    Applicability.

15.64.030    Definitions.

15.64.040    General requirements.

15.64.050    Enforcement.

15.64.010 Purpose.

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 wood-smoke is a significant contributor to PM10 levels that pose significant health risks. The city council desires to lessen the risk to life and property from air pollution from wood-burning appliances; finds that the proposed regulation will significantly reduce the increase in particulate emissions from future installation and construction activities; and finds a need exists to adopt regulations which apply to wood-burning combustion emissions. (Ord. 01-009 § 1 (part), 2001)

15.64.020 Applicability.

The ordinance codified in this chapter shall apply within the limits of the city as specified herein:

All wood-burning appliances installed in new residential units or wood-burning appliances being added to or replacing wood-burning appliances in existing residential units shall comply with the ordinance codified in this chapter.

All wood-burning appliances installed in new commercial buildings or wood-burning appliances being added to or replacing wood-burning appliances in existing commercial buildings shall comply with the ordinance codified in this chapter. Commercial buildings shall include, but not be limited to, hotels and restaurants.

Gas fireplaces shall be exempt from this ordinance. However, the conversion of a gas fireplace to burn wood shall constitute the installation of a wood-burning appliance and shall be subject to the requirements of this ordinance.

A wood-burning appliance shall comply with the ordinance codified in this chapter if, (1) it is reconstructed, (2) additions, alterations or repairs are made to the appliance that require opening up immediately-adjacent walls, or (3) the residential unit or commercial building in which the appliance is located is renovated, and the renovation includes opening up walls immediately adjacent to the appliance. (Ord. 01-009 § 1 (part), 2001)

15.64.030 Definitions.

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

“E.P.A.” means United States Environmental Protection Agency.

“E.P.A. 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.

“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 thirty-five to one.

“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.

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

“Paints” means all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoatings, roof coatings, wood preservatives, shellacs and other paints and paint-like products.

“Paint solvents” means all original solvents sold or used to thin paints or to cleanup painting equipment.

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

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

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

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

“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. 01-009 § 1 (part), 2001)

15.64.040 General requirements.

It shall be unlawful to:

A.    Use 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.

B.    Install a wood-burning appliance that is not one of the following: (1) a pellet-fueled wood heater, (2) an EPA certified wood heater, or, (3) a fireplace certified by EPA should EPA develop a fireplace certification program.

C.    Use any of the following prohibited fuels in a wood-burning appliance: garbage; treated wood; plastic products; rubber products; waste petroleum products; paints; paint solvents; coal; glossy or colored papers; particle board; or salt water driftwood. (Ord. 01-009 § 1 (part), 2001)

15.64.050 Enforcement.

Any person who plans to install a wood-burning appliance must submit documentation to the Building Division demonstrating that the appliance is a pellet-fueled wood heater, an EPA certified wood heater, or a fireplace certified by EPA should EPA develop a fireplace certification program. Any person violating any of the provisions of this ordinance shall be deemed guilty of an infraction and upon conviction shall be punishable as provided by law. (Ord. 01-009 § 1 (part), 2001)