Larkspur Municipal Code Ch. 15.52 Installation of Wood-Burning Appliances and Removal of

NONCERTIFIED WOOD-BURNING APPLIANCES

Sections: 15.52.010 Purpose. 15.52.020 Findings. 15.52.030 Definitions. 15.52.040 Exemptions. 15.52.050 Education Program. 15.52.060 Voluntary Curtailment. 15.52.070 Replacements for Noncompliant Appliances. 15.52.080 Removal of Noncertified Wood-Burning Appliances Upon Remodel. 15.52.090 New Construction, Additions or Remodels. 15.52.100 Permit Requirements for Replacement of Wood-Burning Appliances. 15.52.110 Prohibited Fuels. 15.52.120 Violation.

The purpose of this chapter is to improve air quality within the City of Larkspur 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 City; and

C. Prohibiting the use of unacceptable fuels, as specified in this chapter. (Ord. 943 § 1 (part), 2008)

The City Council of the City of Larkspur finds that 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, and Section 70200 to protect the health of people who are sensitive to exposure to particulate matter. Research indicates that wood smoke is a contributor to PM10 levels and poses significant health risks to the public. The City Council desires to lessen this risk to human health and the environment caused by pollution from wood-burning appliances. Therefore a need exists to adopt regulations that apply to wood-burning combustion emissions. (Ord. 943 § 1 (part), 2008)

The following definitions are in addition to those set forth in the City’s building code:

“Bay Area Air Quality Management District” means the air quality agency for the San Francisco Bay Area pursuant to the California Health and Safety Code.

“EPA” means the United States Environmental Protection Agency.

“EPA-certified wood heaters” means any wood heater that meets the standard in Title 40, Part 60.530 Subpart AAA, 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” means 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 thirty-five (35) to one.

“Garbage” means all solid, semi-solid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphalted products, manure, vegetable or animal solids, and semi-solid wastes.

“Gas fireplace” means 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” means any wood heater designed to be installed in an existing masonry or factory-built fireplace.

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

“Paints” are 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.

“Pellet-fueled heater” means any appliance that operates exclusively on solid fuel pellets.

“Solid fuel” means wood or any other non-gases or non-liquid fuel.

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

“Waste petroleum product” means any petroleum product, other than fuels that have been refined from crude oil, and has been used or has been contaminated with physical or chemical impurities.

“Wood-burning appliance” means a fireplace, wood heater, or pellet-fired heater or similar device burning solid fuel used for aesthetic or space-heating purposes.

“Wood heater” means an enclosed, wood-burning appliance that is not a fireplace capable of and intended for space heating, that meets all of the following criteria:

1. An air-to-fuel ratio in the combustion chamber averaging less than thirty-five (35) to one (1) as determined by the test procedures prescribed and approved by the Chief Building Official;

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

   3. A minimum burn rate of less than eleven (11) pounds/hour (kilograms/hour); and

   4. A maximum weight of less than one thousand seven hundred sixty (1,760) pounds (eight hundred (800) kilograms). 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” means a freestanding wood heater. (Ord. 943 § 1 (part), 2008)

Wood-burning appliances specifically designed for cooking, outdoor fireplaces, gas- and pellet-fueled appliances, and permanently installed or dedicated gas log fireplaces shall be exempt from all provisions of this chapter. In addition, the Chief Building Official may exempt 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 Phase II certified wood heater. (Ord. 943 § 1 (part), 2008)

The Chief Building Official will work with the County of Marin to establish and maintain an ongoing program to educate the public on the provisions of this chapter and the health impacts of wood smoke. The education program shall identify the various types of smoke reduction methods, including use of cleaner burning pellet stoves, manufactured firelogs, and gas fireplaces.

The City will provide educational materials to inform the public on fireplace and wood stove 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. 943 § 1 (part), 2008)

The City 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. Notification shall consist of the posting of information on the City of Larkspur website and at City Hall. (Ord. 943 § 1 (part), 2008)

This section applies to both residential and commercial properties. It shall be unlawful to install a replacement wood-burning appliance that is not one (1) of the following:

A. A pellet-fueled appliance;

B. A dedicated gas log fireplace or gas stove; or

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

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. 943 § 1 (part), 2008)

Remodel.

After July 1, 2008, a non-EPA Phase II certified wood-burning appliance, freestanding or insert, shall be removed, rendered inoperable, or replaced with a compliant appliance when a remodel requiring a building permit exceeds five hundred (500) square feet, as determined by the Chief Building Official, and the area within or abutting the remodel contains a non-EPA Phase II certified wood-burning appliance. (Ord. 1069 § 5, 2023; Ord. 943 § 1 (part), 2008)

Non-EPA Phase II Certified wood-burning appliances will not be allowed to be added in new construction, additions, or remodels of any size. Refer to Larkspur Municipal Code Section 15.52.070 for allowable appliances. (Ord. 943 § 1 (part), 2008)

Appliances.

Any person who plans to replace a wood-burning appliance must submit documentation to the Building and Safety Division, with a building permit application, demonstrating that the appliance is in compliance with this chapter as listed in Larkspur Municipal Code Section 15.52.070. (Ord. 943 § 1 (part), 2008)

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

A. Garbage;

B. Treated wood;

C. Plastic products;

D. Rubber products;

E. Waste petroleum products;

F. Paints;

G. Paint solvents;

H. Coal;

I. Glossy or colored paper;

J. Particleboard;

K. Salt-water driftwood.

This section shall not apply to products designed specifically for use as fuel in a wood-burning appliance. (Ord. 943 § 1 (part), 2008)

Violation of any provision of this chapter may be enforced pursuant to Larkspur Municipal Code Chapter 9.24, Code Enforcement. (Ord. 943 § 1 (part), 2008)