Chico Municipal Code Ch. 8.32 Wood Burning Regulations

This Chapter shall apply to the use of any wood burning device.

(Ord. 2425)

Unless otherwise stated, the following definitions shall govern the words and phrases used in this chapter.

A. “Curtailment period” means any period for which the Butte County Air Quality Management District issues a Check Before You Light advisory applicable to Chico which is based on a forecast of PM2.5 exceeding 35 ug/m3 which is the federal standard for PM2.5 and is considered unhealthy for sensitive groups.

B. “Director” means the director of the public works department of the city.

C. “Interior Space” means any indoor area which is designed and used for human occupancy.

D. “Manufactured logs” means compressed or extruded log shaped products designed for use in fireplaces as solid fuel that are comprised of recycled bio-mass and/or wood fibers, which may include a combustible or petroleum wax binder material in the product composition.

E. “Ringelmann chart” means the numerical ranking system whereby graduated shades of gray varying by five equal steps between white and black are visually compared to the density of smoke, which chart is distributed by the United States Bureau of Mines and designates the graduated shades 1, 2, 3, 4 and 5, as Ringelmann No.s 1, 2, 3, 4 and 5, respectively. The Ringelmann Chart is used to determine whether emissions of smoke are within limits or standards of opacity.

F. “Solid Fuel” means any wood, wood-based product, non-gaseous or non-liquid fuel, including pellet products. It does not include solid fuel used for cooking, such as charcoal.

G. “U.S. EPA” means the United States Environmental Protection Agency.

H. “U. S. EPA Phase II Certified” means any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA.

I. “Visible emissions” mean any emissions which are visually perceived by an observer.

J. “Wood burning device” means any fireplace, freestanding fireplace, fireplace insert, wood stove, or other wood heater that burns wood or any other nongaseous or non-liquid fuels or any similar device burning any wood for aesthetic or space- heating purposes in any interior space, having a heat input of less than one million British thermal units per hour.

(Ord. 2425, Ord. 2439 §70)

During the period of time beginning each November 1 until the following March 1, no person shall operate (combust wood or solid-fuel products in) any wood burning device during a curtailment period except as otherwise set forth in this Chapter.

(Ord. 2425)

The prohibition set forth in section 8.32.030 shall not apply in any of the following situations:

A. The operation of a U.S.EPA Phase II certified wood burning device, including a pellet stove, provided that the visible emissions do not exceed No. 1 on the Ringelmann chart, or 20 percent opacity, for:

1. One period of not more than twenty minutes within any consecutive four hour period during the start up of a new fire.

2. One period of not more than six consecutive minutes within any one-hour period that does not include the start up of a new fire.

B. The use of a wood burning device when no gas, liquid or electrical service heating system is installed in the structure and the wood burning device is the sole source of interior heat for the structure.

C. The use of a wood burning device when electrical power service is not available, during times of temporary service outages.

D. The use of manufactured logs in open fireplaces.

(Ord. 2425)

The director may issue a waiver from the prohibition set forth in this chapter for the heating of a residence as set forth below.

A. Applications for a waiver shall be submitted to the director on a form prescribed by the public works department and shall contain the following information.

• 1. The address of the household where the wood burning device is located;
• 2. Total gross monthly income for all persons living in the household;
• 3. Total number of persons living in the household;

4. Certification by the applicant that the information contained in the application is accurate to the best of their knowledge under penalty of perjury under the laws of the State of California.

B. The director will grant or deny the waiver, in writing, within 10 working days of the receipt of the application. The waiver shall be granted if the monthly household income is 80% or less of area median income, adjusted for household size, as defined and updated annually by the Federal Department of Housing & Urban Development.

C. The term of any waiver granted pursuant to this section shall expire on the March 1 following the date it was granted. Waivers may be renewed from year to year upon the filing of an updated application and subject to the same provisions set forth in this section.

(Ord. 2425, Ord. 2439 §71)

Notice of a curtailment period shall be considered to have been given when the Butte County Air Quality Management District has posted notice of a Check Before You Light advisory on its website at www.bcaqmd.org based on a forecast of PM2.5 levels exceeding 35 ug/0m3 which is the federal standard for PM2.5 and is considered unhealthy for sensitive groups.

(Ord. 2425)