Grass Valley Municipal Code Ch. 8.40 Wood Stoves and Fireplaces

This chapter is enacted for the purpose of improving and maintaining the level of air quality of the city in order to protect and enhance the health of its citizens by controlling the emissions of particulate matter and other wood burning pollutants into the air of the community of Grass Valley.

(Ord. 590 § 1 (part), 2001)

For purposes of this ordinance:

"EPA" means the United States Environmental Protection Agency.

"EPA certified appliance" means any solid fuel burning appliance utilized for space or water heating or cooking that meets the performance and emission standards as set forth in Part 60, Title 40, subpart AAA code of Federal Regulation, February 26, 1988.

"EPA Phase II certified appliance" means a solid fuel burning appliance that meets the emission requirements of no more than 4.1 grams per hour particulate matter emission for catalytic and 7.5 grams per hour for non-catalytic appliances. Pellet fueled wood heaters or gas fueled appliances shall be considered as meeting Phase II requirements. Any other solid fuel burning appliances, including fireplaces, shall be considered non-certified.

"Grass Valley city limits" means the legal boundaries of the City of Grass Valley.

"Pellet fueled wood heater" means any heater designed to heat the interior of a building that operates on pelletized wood and has an automatic feed.

"Permanently inoperable" means modified in such a way that the appliance can no longer function as a solid fuel heater or easily be remodified to function as a solid fuel heater. Conversion to other fuels, such as gas, is permitted.

"Gas fueled appliances" means any heater designed to heat the interior of a building that operates on either propane, natural gas or oil.

"Solid fuel burning appliance" means any fireplace, heater, stove or structure that burns wood, coal or any other non-gaseous or non-liquid fuels, or any similar device burning any solid fuel used for aesthetic, water heating or space heating purposes. A pellet fueled wood heater is specifically excluded from this definition.

(Ord. 590 § 1 (part), 2001)

A. All new and replacement solid fuel burning appliances shall be certified and labeled as an EPA Phase II certified appliance.

B. All solid fuel burning appliances, pellet fueled wood heater and gas fueled appliances shall not be installed without first obtaining a building permit from the city. All installations shall require an inspection and approval by the building division prior to operation.

C. Verification that the appliance complies with the required emissions standards and with this chapter shall be verified by an inspector of the city's building division and such verification shall remain on file with the building division.

D. No person shall advertise, sell, offer for sale, supply, install or transfer a solid fuel burning appliance within the Grass Valley city limits unless it is either:

1. Tested, certified and labeled as meeting the emission requirements of the EPA Phase II certified appliance;

2. A pellet fueled wood heater including those labeled exempt from 40 CFR Part 60; or

3. Permanently inoperable.

E. Solid fuel burning appliances shall not be the primary form of heat in any new construction.

F. The following are exempt from the requirements of Section 8.40.030:

1. Gas fueled appliances.

2. All existing, permitted solid fuel burning appliances as of the effective date of this ordinance.

3. One fireplace located in a hotel/motel lobby or similar common area lobby or in the common area of a condominium project.

(Ord. 590 § 1 (part), 2001)

A. No more than one solid fuel burning appliance shall be installed on any property after the effective date of this ordinance.

B. The following are exceptions to Section 8.40.040:

1. Existing properties with one or more existing solid fuel burning appliances, as of the effective date of this ordinance. Such properties shall not be permitted to install any additional solid fuel burning appliances.

2. One additional solid fuel burning appliance may be installed in a dwelling if it is on a parcel greater than sixty-seven hundredths of an acre (twenty-nine thousand fifty-five square feet).

(Ord. 590 § 1 (part), 2001)

A. Materials that are allowed to be burned in a solid fuel burning appliance are listed below:

1. Untreated wood;

2. Uncolored paper;

3. Manufactured logs, pellets, and similar manufactured fuels;

4. Cardboard; and

5. Undyed organic cloth.

B. Burning of any other fuels or materials in a solid fuel burning appliance is prohibited within the Grass Valley city limits.

(Ord. 590 § 1 (part), 2001)

A. A fee shall be charged for the inspection and permitting services of the city. The fee shall be established in the city master fee schedule.

(Ord. 590 § 1 (part), 2001)

A. It is illegal to violate any requirements of this chapter. Any owner of any property which is in violation of the requirements of this chapter shall be guilty of an infraction. Any person operating a solid fuel burning appliance in violation of this chapter is guilty of an infraction. The third violation by the same person within a twelve month period shall constitute a misdemeanor. Prosecution of any violation of this chapter may be against the property owner, the occupant, or both.

B. Violation of any portion of this chapter may result in assessment of civil penalties against the property and against an individual person or persons as follows:

1. First violation within a twelve month period, fifty dollars;

2. Second violation within a twelve-month period, one hundred dollars;

3. Third violation within a twelve-month period, two hundred fifty dollars; and

4. Four or more violations within a twelve-month period, five hundred dollars per violation.

C. Each and every day a violation exists is a new and separate violation. Right to appeal, hearings and collection of civil penalties shall be pursuant to the procedures set forth in Chapter 1.12 of this code.

D. Nothing in this section shall prevent the city from pursuing criminal penalties or using any other means legally available to it in addressing violations of this chapter.

E. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the air pollution control officer or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which violates the provisions of this chapter, the air pollution control officer or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the air pollution control officer by this code; provided, that if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, or if the owner or person having charge or control of the building or premises cannot be contacted, the air pollution control officer or his authorized representative shall have recourse to every remedy provided by law to secure entry.

(Ord. 590 § 1 (part), 2001)