Gilroy Municipal Code Art. V Regulation of Woodburning Appliances

(a) All woodburning appliances installed in new residential units.

(b) All woodburning appliances installed in new commercial buildings including, but not limited to, hotels and restaurants.

(c) A woodburning appliance shall comply with this ordinance if any of the following apply: (1) it is being added to or replacing a woodburning or gas appliance in an existing residential unit or commercial building; (2) repairs or alterations are made to the woodburning appliance that include changes to the opening size or height of a fireplace; or (3) the residential unit or commercial building in which the woodburning appliance is located is renovated or remodeled, and the renovation or remodel includes changes to the opening size or height of an existing fireplace.

(d) Section 6.37(a) and (c) shall apply to any and all woodburning appliances.

(Ord. No. 2005-06, § I, 3-21-2005)

(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 section 40200.

(b)

“EPA”

means United States Environmental Protection Agency.

(c)

“EPA 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)

“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 (1).

(e)

“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.

(f)

“Gas fireplace”

means any device designated to burn natural gas in a manner that simulates the appearance of a woodburning fireplace.

(g)

“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.

(h)

“Paints solvents”

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

(i)

“Pellet-fueled wood heater”

means any woodburning appliance that operates exclusively on wood pellets.

(j)

“Solid fuel”

means wood or any other nongaseous or nonliquid fuel.

(k)

“Treated wood”

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

(l)

“Waste petroleum products”

means any petroleum product or 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.

(m)

“Woodburning 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. No. 2005-24, § 4, 11-21-2005)

It shall be unlawful to:

(a) Use any woodburning 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 woodburning appliance that is not one of the following: (1) a pellet-fueled wood heater, (2) an EPA certified wood heater, or (3) an EPA certified masonry fireplace should the EPA develop a masonry fireplace certification program.

(c) Use any of the following prohibited fuels in a woodburning appliance:

(Ord. No. 2005-24, § 4, 11-21-2005)

(a) Woodburning appliances specifically designed for cooking, outdoor fireplaces, existing fireplaces, except as specifically provided in section 6.35(c), gas and pellet fueled appliances, permanently installed or dedicated gas log fireplaces, shall be exempt from all provisions of this article. The chief building official may approve an alternate wood burning appliance, provided the chief building official finds that the proposed alternate appliance meets or exceeds the standards established for an EPA certified wood heater.

(b) Historical buildings that are included or designated in the City of Gilroy’s Historic Preservation Inventory.

(Ord. No. 2005-24, § 4, 11-21-2005)

(a) Prior to installation, any person who plans to install a woodburning appliance shall submit documentation to the City of Gilroy Building Department 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.

(b) Any person violating any of the provisions of this article shall be deemed guilty of a infraction and upon conviction shall be punishable as provided by law.

(Ord. No. 2005-24, § 4, 11-21-2005)