Chapter 6.13 — AIR QUALITY

A.

The purpose of this Chapter is to protect public health and welfare by establishing objective, written public health and safety standards that enhance air quality conditions and reduce greenhouse gas emissions.

B.

Much of the Greater Bay Area, including the City of Campbell, remains a nonattainment area that does not meet the federal air quality standards established to protect public health.

C.

Exposure to NOx has been linked to coughing, wheezing, difficulty breathing, asthma, and increased susceptibility to respiratory infections.

D.

Establishing standards and policies that reduce NOx emissions will also lead to a reduction in Ground-level Ozone and Particulate Matter which have been found to be harmful to public health.

E.

The regulations of this Chapter are established under the authority of local jurisdictions to set stricter standards than those set forth by law or by the state board for nonvehicular sources (Section 39002 of the California Health and Safety Code).

F.

The regulations of this Chapter are further established pursuant to the City's police power authority to protect the public health, safety, and welfare.

(Ord. No. 2316, § 4, 9-3-2024)

It is unlawful to burn garbage, plastics, rubber, paints, solvents, oil, treated wood products, particle board, glossy or treated paper, coal, or any other material that produces noxious or toxic emissions.

(Ord. No. 2316, § 4, 9-3-2024)

Fireplaces, including gas or woodburning fireplaces, shall not be replaced except when certified to meet or exceed the United States Environmental Protection Agency's (U.S. EPA) New Source Performance Standards (NSPS).

(Ord. No. 2316, § 4, 9-3-2024)

A.

Applicability. The requirements of this section apply to all projects meeting the definition of a newly constructed structure, or a new structure reusing portions of the existing structure, established after the effective date of this Ordinance.

B.

NOx-emission limit. NOx-emissions from regulated appliances, including space heaters (including furnaces and fireplaces), water heaters (including boilers), cooking appliances (including stoves and ovens), and clothes dryers, shall not exceed 0.0 nanograms of nitrogen oxides (NOx) per joule of heat and/or light output.

C.

Compliance. The requirements of this Section shall be verified by one of the two following methods:

a.

Appliance Specifications. Manufacturers of regulated appliances shall either provide documentation demonstrating the appliance is powered exclusively by electricity or provide documentation certifying that their appliance does not exceed the NOx-emission limit based on performance data from standardized testing procedures specific to the type of appliance (e.g., American National Standard for Household Cooking Appliances Z21.1, ANSI Z21.1, for gas-fired appliances).

b.

Testing. NOx-emissions shall be measured in accordance with the U.S. Environmental Protection Agency's Method 7E: Determination of Nitrogen Oxides Emissions from Stationary Sources (Instrumental Analyzer Procedure).

D.

Exceptions. Outdoor equipment and appliances (i.e., barbeque grills) that utilize a five gallon or smaller gas tank, and emergency equipment, shall not be subject to the requirements of this Section.

(Ord. No. 2316, § 4, 9-3-2024)

A.

Purpose. The City recognizes certain services and/or operations may be rendered infeasible if required to comply with the NOx-emission regulations established by Section 6.13.040 (NOx-emission regulations). In such circumstances, a limited exemption from the NOx-emission regulations established by Section 6.14.040 (NOx-emission regulations) may be warranted. The purpose and intent of this section is to outline the regulations for when a limited exemption from the NOx-emission regulations may be granted.

B.

Exemption Process. The City shall not approve any request for a limited exemption from the NOx-emission regulations, as set forth in Section 6.13.040 (NOx-emission regulations), except upon a complete and duly filed application on the then-current form prepared by the city and accompanied by a filing fee, if established, in compliance with the City's schedule of fees and charges.

C.

Review Criteria. The applicant always bears the burden to demonstrate why a limited exemption should be granted. The following criteria shall be used by the Building Official to determine if there is an operational necessity that warrants a limited exemption from the NOx-emission regulations, as set forth in Section 6.13.040 (NOx-emission regulations).

Dependent processes. Business or commercial activities that require the emission of NOx for specific operationally dependent processes, shall be allowed to emit NOx in exceedance of the limit established by Section 6.13.040 (NOx-emission regulations) for that process. Examples include, but shall not be limited to, metallurgy, glass blowing, pottery, research and development uses, and certain medical processes.

Commercial cooking. Commercial restaurants and similar commercial food preparatory facilities shall be permitted appliances that emit NOx in exceedance of the limit established by Section 6.13.040 (NOx- emission regulations) for food preparation. Examples include, but shall not be limited to, restaurants, bakeries, grocery stores, and commercial kitchens.

Cost prohibitive. Appliances that emit NOx in exceedance of the limit established by Section 6.13.040 (NOx-emission regulations) shall be permitted when it can be demonstrated that the ten-year life-cycle cost analysis of installing and using a compliant appliance will be fifty percent or greater than that that of using NOx emitting appliance. When estimating the life-cycle cost, all calculations will assume the purchase and use of all new appliances.

Reconstruction after damage or destruction. A structure with appliances that emit NOx in exceedance of the limit established by Section 6.13.040 (NOx-emission regulations) which is involuntarily damaged or partially destroyed to the extent that the cost of restoration does not exceed seventy-five percent of the

cost of construction of a comparable new structure (as determined by the Building Official) may continue to have NOx emitting appliances in exceedance of the limit established by Section 6.13.040 (NOx-emission regulations) provided that building permits are submitted for the reconstruction of the structure within twelve months of its involuntary damage or destruction.

D.

Electric Service Required. In the event a limited exemption is granted, electric service will be required to any location where NOx emitting appliances are to be installed. The exact type and placement of electrical service and outlets in proximity to locations where NOx emitting equipment is installed shall be subject to the satisfaction and discretion of the Building Official. The requirement to provide electrical service in areas where NOx emitting equipment is installed serves to further the purpose of this Chapter by facilitating the more expeditious removal and replacement of NOx-emitting equipment, thereby reducing NOx emissions.

E.

Decision. The Building Official shall notify the applicant of the decision rendered electronically through the City's online permitted system, by email, or by first class mail.

F.

Revocation. The Building Official may revoke a limited exemption if the criteria used to grant the limited exemption may no longer be made.

G.

Appeals from Building Official Decision. The applicant or any interested person or entity may file an appeal to the Community Development Department of any decision made by the Building Official in compliance with this chapter. The appeal shall be filed within ten days of the Building Official's decision, with the City Clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges. The Community Development Director, or Community Development Director's designee, in his or her discretion, shall determine whether to affirm, set side, or modify the Building Official's decision appealed therefrom based on a review of the same criteria used by the Building Official. Thereafter, the appellant shall be notified of the Community Development Director's decision.

H.

Appeals from Community Development Director Decision. The applicant or any interested person or entity may file an appeal to the City Council of any decision made by the Community Development Director in compliance with this chapter. The appeal shall be filed within ten days of the Community Development Director's decision, with the City Clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges. The City Council, in their discretion, shall determine whether to affirm, set side, or modify the Community Development Director's decision appealed therefrom based on a review of the same criteria used by the Community Development Director. Thereafter, the appellant shall be notified of the decision.

(Ord. No. 2316, § 4, 9-3-2024)

This section provides rules for resolving questions about the meaning or applicability of provisions of this Chapter. The provisions of this section are intended to ensure consistent interpretation and application of the requirements of this Chapter with other sections of the Campbell Municipal Code and General Plan, and to the extent necessary, to provide authority to temporarily suspend the enforcement of, or harmonize the application of, the provisions of this Chapter with federal and state law, or relevant court decisions.

A.

Authority. The Building Official shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Chapter.

B.

Rules of Interpretation.

Minimum requirements. The provisions of this Chapter shall be strictly interpreted and applied as minimum requirements (unless stated as maximums) for the promotion of public health, safety, convenience, and general welfare.

Terminology. When used in this Chapter, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to..." and the word "used" includes the words "arranged for, designed for, occupied, or intended to be occupied for."

C.

Request for Interpretation. The request for an interpretation or determination shall be made to the Building Official, shall include all information required by the Building Official, and the fee established by the City's fee resolution.

(Ord. No. 2316, § 4, 9-3-2024)

Violations of the requirements of this Chapter are hereby declared a public nuisance a subject to the policies, procedures, and penalties of other public nuisances as defined and regulated by Chapter 6.10 (Nuisance Abatement and Administrative Penalties) of the Campbell Municipal Code.

(Ord. No. 2316, § 4, 9-3-2024)

If any provision or clause of this Chapter or the application thereof is held to be invalid, such invalidity shall not affect the other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are declared to be severable.

(Ord. No. 2316, § 4, 9-3-2024)

As used in this chapter, the following terms shall have the meanings set forth below. Definitions contained in this Section shall be arranged in alphabetical order.

"Appliance." (See "Powered appliance").

"Boiler(s)" means any combustion equipment used to heat water or produce steam and that is not exclusively used to produce electricity for sale. For the purposes of this definition, a boiler does not include any waste heat recovery boiler that is used to recover sensible heat from the exhaust of a combustion turbine or any unfired waste heat recovery boiler that is used to recover sensible from the exhaust of any combustion equipment.

"Cooking appliance" means a powered appliance used to cook food, such as stoves and ovens.

"Clothes dryer" means a powered appliance used to remove moisture from clothing, fabrics and other textiles, typically through a tumble-type drum with forced air circulation.

"Established" means the date a building permit has been submitted to, accepted by, the City of Campbell with all fees required for permit intake review having been paid.

"Emergency equipment" means equipment or appliances that are specifically designed, designated, and utilized to respond to urgent and unforeseen situations that pose immediate threats to life, property, or the environment. Examples of emergency equipment include, but are not limited to, emergency generators used to provide temporary power during power outages, emergency water pumps used to remove water in flooding situations, and fire pumps used to provide water pressure for fire protection systems.

"Installed" means the placing, anchoring, or mounting of an appliance within a building or structure.

"Nitrogen oxides" or "NOx" means the sum of nitrogen oxide (NO) and nitrogen dioxide (NO2), collectively expressed as nitrogen dioxide.

"Newly constructed structure" means a structure that has never been used or occupied for any purpose.

"NOx emitting appliance" means any appliance that emits more than 0.0 nanograms of nitrogen oxides (expressed as NOx) per joule of heat output.

"Noxious or toxic emissions" means any gaseous or particulate byproducts of combustion that are harmful or hazardous to human health, animal life, or the environment. This includes, but is not limited to, emissions that contain nitrogen oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2), volatile organic compounds (VOCs), heavy metals, dioxins, and furans.

"New structure reusing portions of the original structure" shall mean the same as set forth in Chapter 18.32 (Determination of scope of work) of the Campbell Municipal Code.

"Powered appliance" means a device used to perform a specific task using a source of energy or power that is not manual human effort.

"Regulated appliances" means space heaters (including furnaces and fireplaces), water heaters (including boilers), cooking appliances (including stoves and ovens), and clothes dryers.

"Space heater(s)" means a powered appliance such as a furnace or fireplace used to heat a designated area or space within a building to raise the temperature of air.

"Water heater(s)" means a powered appliance, such as boilers, used to raise the temperature of water.

"Zero NOx emitting appliance" means any appliance that emits no more than 0.0 nanograms of nitrogen oxides (expressed as NOx) per joule of heat output.

(Ord. No. 2316, § 4, 9-3-2024)