Fairfax Municipal Code Ch. 8.64 Installation of Wood-Burning Appliances, Removal and Operation Of…

The purpose of this chapter is to improve air quality within the town by:

(A) Educating the public regarding the impacts of burning wood and the various types of wood-burning appliances;

(B) Regulating the type of wood-burning appliances that may be installed and maintained within the town; and

(C) By banning the use of non-certified burning appliances after July 1, 2010.

(Ord. 720, passed 5-2-2007)

(A) The Town Council finds that the EPA and the California Air Resources Board ("CARB") adopted PM-10 and PM-2.5 as the National Ambient Air Quality Standards ("NAAQS") and the California Ambient Air Quality Standards ("CAAQS"), respectively, for particulate matter.

(B) Research indicates that wood smoke is a contributor to PM-10 and PM-2.5 levels and poses significant health risks to the public.

(C) The Town Council desires to lessen this risk to human health and the environment caused by pollution from wood-burning appliances.

(D) Therefore, a need exists to adopt regulations that apply to wood-burning combustion emissions.

(Ord. 720, passed 5-2-2007)

BAY AREA AIR QUALITY MANAGEMENT DISTRICT. The air quality agency for the San Francisco Bay Area pursuant to Cal. Health & Safety Code.

EPA. The United States Environmental Protection Agency.

EPA CERTIFIED WOOD HEATERS. Any wood heater that meets the standard in Title 40, Part 60, Subpart AAA (Sections 60.530 et seq.) of the Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations. An EPA certified wood heater may be freestanding, built-in, or an insert within a fireplace.

FIREPLACE. Any permanently installed masonry or factory-built wood-burning appliance designed to be used with an air-to-fuel ratio greater than or equal to 35 to 1.

GARBAGE. All solid, semi-solid and liquid wastes generated from residential, commercial and industrial sources, including, but not limited to, trash, refuse, rubbish, industrial wastes, asphalted products, manure, vegetable or animal solids or semi-solids.

GAS FIREPLACE. Any masonry or factory-built fireplace in which a device that has been designed to burn natural gas or liquefied petroleum gas in a manner that simulates the appearance of burning wood has been permanently installed so the burner pan and associated equipment are affixed to the masonry or metal base of the fireplace.

INSERT. Any wood heater designed to be installed in an existing masonry or factory-built fireplace.

PAINTS. All exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, under-coatings, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.

PAINT SOLVENTS. All original solvents sold or used to thin paints or clean up painting equipment.

PELLET-FUELED HEATER. Any appliance that operates exclusively on solid fuel pellets.

SOLID FUEL. Wood or any other non-gases or non-liquid fuel.

TREATED WOOD. Wood of any species that has been chemically impregnated, painted or similarly modified to improve resistance to insects or decay.

WASTE PETROLEUM PRODUCT. Any petroleum product (other than fuels) that has been refined from crude oil, and has been used or has been contaminated with physical or chemical impurities.

WOOD-BURNING APPLIANCE. A fireplace, wood heater, or pellet-fired heater or similar device burning solid fuel used for aesthetic or space-heating purposes.

WOOD HEATER. An enclosed, wood-burning appliance, that is not a fireplace capable of and intended for space heating that meets all the following criteria:

(1) An air-to-fuel ratio in the combustion chamber averaging less than 35-to-l as determined by the manufacturer's listing and approved by the Building Official;

(2) A usable firebox volume less than 20 cubic feet (0.57 cubic meters);

(3) A minimum burn rate less than 11 lb/hr (kg/hr); and

(4) A maximum weight of less than 1,760 lbs (800kg). (For the purpose of this chapter, fixtures and devices that are normally sold separately, such as flue pipe, chimney and masonry components that are not an integral part of the appliance or heat distribution ducting do not count as part of the appliance weight.)

WOOD STOVE. A freestanding wood heater.

(Ord. 720, passed 5-2-2007)

Wood-burning appliances specifically designed for cooking, outdoor fireplaces, existing fireplaces, gas and pellet fueled appliances, permanently installed or dedicated gas log fireplaces, shall be exempt from all provisions of this chapter. The Building Official may approve an alternate wood-burning appliance, provided the Building Official finds that the proposed alternate appliance meets or exceeds the standards established for an EPA Phase II certified wood heater.

(Ord. 720, passed 5-2-2007)

The town through the Building Official, working in conjunction with the Fire Department, shall establish and maintain an on-going program to educate the public on the provisions of this chapter and the health impact of wood smoke. The education program shall identify the various types of smoke reduction methods, including use of cleaner burning pellet stoves, manufactured fire logs, and gas fireplaces. The town will educate the public on fireplace and woodstove maintenance and encourage cleaner-burning alternatives such as gas-fueled devices, pellet stoves and proper wood-burning techniques to build hotter, more efficient fires.

(Ord. 720, passed 5-2-2007)

The town shall endeavor to provide public notification requesting that residents curtail the burning of wood during poor air quality episodes as determined by the Bay Area Air Quality Management District. Methods to notify the public could include the raising of a distinctive flag or pennant on town facilities, a written notice published in local newspapers, on websites, email notification by the Bay Area Air Quality Management District and oral notices presented by radio, telephone or television.

(Ord. 720, passed 5-2-2007)

(A) This section applies to both residential and commercial properties.

(B) It shall be unlawful to install a replacement wood-burning appliance that is not one of the following:

(1) A pellet-fueled appliance;

(2) An EPA Phase II-certified wood appliance manufactured after 1990; or

(3) A dedicated gas log fireplace or gas stove.

(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 requirements of this chapter.

(Ord. 720, passed 5-2-2007)

A non-EPA Phase II-Certified wood heater, freestanding or insert, shall be removed, rendered inoperable or replaced with a compliant appliance, when the combination of an addition, alteration and/or remodel exceeds 50% based on the assessed valuation.

(Ord. 720, passed 5-2-2007)

Non-EPA Phase II-Certified wood-burning heaters or wood-burning fireplaces will not be allowed to be added in new construction, additions or remodels of any size. Pellet-fueled and gas appliances will be allowed.

(Ord. 720, passed 5-2-2007)

Effective July 1, 2010, it shall be unlawful to use all non-EPA Phase II-Certified wood heaters, freestanding or insert, on any property within the town. After that date all noncompliant wood stoves and inserts must be removed or rendered inoperable. The Building Official may grant an exception to this section in the case of hardship. Examples of hardships include the following: a residential sole source of heat; a temporary sole source of heat; an inadequate alternative source of heat.

(Ord. 720, passed 5-2-2007)

Any person who plans to replace a wood-burning appliance must submit documentation to the Building Department, with a building permit application, demonstrating that the appliance is in compliance with this chapter as listed in § 8.64.070.

(Ord. 720, passed 5-2-2007)

(A) Use of any of the following fuels in a wood-burning appliance is prohibited:

(1) Garbage;

(2) Treated wood;

(3) Plastic products;

(4) Rubber products;

(5) Waste petroleum products;

(6) Paints;

(7) Paints solvents;

(8) Coal;

(9) Glossy or colored paper;

(10) Particleboard; or

(11) Salt-water driftwood.

(B) This section shall not apply to products designed specifically for use as fuel in a wood-burning appliance.

(Ord. 720, passed 5-2-2007)

Violation of any provision of this chapter may be enforced pursuant to Titles 1 and 15 of the Fairfax Town Code.

(Ord. 720, passed 5-2-2007)