Clayton Municipal Code Ch. 8.18 Installation, Repair and Replacement of Woodburning Appliances

The purpose of this chapter is to improve the air quality within the City of Clayton by regulating the type of woodburning appliances that may be installed and maintained within the City.

The City Council of the City of Clayton hereby finds that:

A. 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.

B. Research indicates that woodsmoke is a significant contributor to PM10 levels that pose significant public health risks.

C. The City Council desires to lessen the risk to human health and environment caused by the increase in particulate emissions from woodburning appliances in future installations and construction activities.

D. A need exists to adopt regulations that apply to woodburning combustion emissions.

E. The proposed regulations of this chapter will significantly reduce the increase in particulate emissions from future installation of certain woodburning appliances, and will decrease particulate emissions by the removal of certain woodburning appliances at the time of remodel.

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

B. "E.P.A." means United States Environmental Protection Agency.

C. "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.

D. "Firebox" means the chamber of opening of a fireplace where combustion occurs.

E. "Fireplace" means any permanently installed masonry or factory-built woodburning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to thirty-five (35) to one.

F. "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.

G. "Gas fireplace" means any device designed to exclusively burn natural gas in a manner that simulates the appearance of a woodburning fireplace.

H. "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 or paint-like products.

I. "Paint solvents" means all original solvents sold or used to thin paints or to clean up painting equipment.

J. "Pellet-fueled wood heaters" means any woodburning appliance that operates exclusively on wood pellets.

K. "Solid fuel" means wood or any other non-gaseous or non-liquid fuel.

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

M. "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.

N. "Woodburning appliance" means fireplace, wood heater, or pellet-fired wood heater or any similar device burning any solid fuel used for aesthetic or space-heater purposes.

A. All wood burning appliances installed in new residential units or woodburning appliances being added or replacing woodburning appliances in existing residential units.

B. All woodburning appliances installed in new commercial buildings or woodburning appliances being added or replacing woodburning appliance in existing commercial buildings. Commercial buildings shall include, but not be limited to, hotels and restaurants.

C. The conversion of a gas fireplace to burn wood constitutes the installation of a woodburning appliance and shall be subject to the requirements of this chapter. Gas-fired log lighters are not allowable conversions of existing masonry fireplaces. Gas-fired artificial logs are conforming conversions of existing masonry fireplaces.

D. Existing woodburning appliances if (1) construction involves replacement of the sidewalls of the firebox (which are the load-bearing portions of the fireplace); (2) additions, alterations, or repairs are made to the appliance or fireplace 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 requires opening up walls immediately adjacent to the appliance.

It shall be unlawful to:

A. Use any woodburning appliance when the Bay Area Quality Management District issues a 'Spare the Air Tonight' warning and when an alternate approved heat source is available.

B. Install a new woodburning 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 and enact a fireplace certification program.

C. Use any of the following prohibited fuels in a woodburning appliance.

1. Garbage

2. Treated wood

3. Plastic products

4. Rubber products

5. Waste petroleum products

6. Paints

7. Paint solvents

8. Coal

9. Glossy or colored papers

10. Particle board

11. Salt water driftwood

D. Perform any work or take any action to which the regulations of this chapter are made applicable, unless specifically exempt.

The following shall be exempt from all provisions of this chapter:

A. Gas fireplaces or gas stoves.

B. Woodburning appliances that are designed and used primarily for food preparation.

C. Historic woodburning appliances, as determined by the Community Development Director.

D. A pellet-fuel appliance.

E. An EPA Phase II certified wood appliance manufactured after 1990.

F. Maintenance repairs to existing fireplaces that do not require the opening up of immediately adjacent walls, or repairs restricted to reconstruction above or outside of the firebox.

Any person who plans to install a woodburning appliance must submit documentation to and receive a building permit from the Contra Costa County Building Official, providing building inspection services for the City, demonstrating that the appliance is a pellet-fueled wood heater, an EPA certified wood heater, or a fireplace certified by EPA should EPA develop and enact a fireplace certification program.

A. Any person who violates a provision of this chapter or Ordinance No. 374 is guilty of an infraction and subject to a penalty as set forth in Chapter 1.20 of the Clayton Municipal Code and the Administrative Citation of Chapter 1.18 of said Code.

B. Violation of the provision of this chapter or Ordinance No. 374 which would otherwise be an infraction may become a misdemeanor in accordance with the provisions of Chapter 1.20 of the Clayton Municipal Code.

(Ord. 374, 2004)