§ 19.08

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

(1)

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

(2)

Regulating the type of wood-burning appliances that may be installed and maintained within the county;

(3)

Banning the use of non-certified burning appliances after July 1, 2008; and

(4)

Conforming requirements of the county to the requirements of Bay Area Air Quality Management District Regulation 6, Rule 3 for wood-burning devices to ensure the requirements of this chapter are at least as restrictive as those of the district.

(Ord. No. 3658, § II(exh. A), 2016)

(a)

The board of supervisors of the county of Marin 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.

(b)

Research indicates that wood smoke is a contributor to PM10 levels and poses significant health risks to the public.

(c)

The board of supervisors 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. No. 3658, § II(exh. A), 2016)

19.08.030 - Definitions.

(1)

"Bay area air quality management district" means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code.

(2)

"EPA" means the United States Environmental Protection Agency.

(3)

"EPA certified" means any wood-burning heater that meets the standards set forth in Title 40 Code of Federal Regulations (CFR), Part 60, Subpart AAA 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.

(4)

"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 35:1.

(5)

"Garbage" means any 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 or semi solid wastes, and other discarded solid or semisolid wastes.

(6)

"Gas-fueled heating device" means any device that utilizes natural gas or propane as a fuel source exclusively, including, but not limited to, gas-fueled fireplaces, gas-fueled room heaters, or gas-fueled inserts.

(7)

"Insert" means any wood or gas-fueled heater designed to be installed in an existing masonry or factorybuilt fireplace.

(8)

"Paints" means 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.

(9)

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

(10)

"Pellet-fueled wood heater" means any wood-burning device which is operated on pellet-fuel and is either EPA certified or exempted under U.S. EPA requirements set forth in Title 40 Code of Federal Regulation (CFR), Part 60, Subpart AAA. Pellet fuel may be composed of compressed wood, corn or other biomass.

(11)

"Remodel" means any change to the appearance and/or functional utility of a fireplace or chimney that requires a building permit.

(12)

"Replace or replacement" means the removal and substitution of an existing wood-burning device with a different one, and does not include the repair of any part of an existing wood-burning appliance for the purpose of its maintenance.

(13)

"Solid fuel" means any wood, wood-based product, non-gaseous or non-liquid fuel, including but not limited to: manufactured logs, pressed logs, wood or other pellet products.

(14)

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

(15)

"Waste petroleum product" means 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.

(16)

"Wood-burning device" means any wood heater, fireplace, or any indoor permanently installed device used to burn any solid fuel for space-heating or aesthetic purposes.

(17)

"Wood heater" means an enclosed, wood-burning device capable of and intended for space heating such as a wood stove, pellet-fueled wood heater, or wood-burning fireplace insert.

(Ord. No. 3658, § II(exh. A), 2016)

Wood-burning devices specifically designed for cooking shall be exempt from Sections 19.08.070 through 19.08.100 of this chapter.

(Ord. No. 3658, § II(exh. A), 2016)

The county through the chief building official shall establish and maintain an ongoing 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 firelogs and gas fireplaces. The county 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. No. 3658, § II(exh. A), 2016)

The county shall endeavor to provide public notification requesting that residents curtail the burning of wood during mandatory burn bans and other poor air quality episodes as determined by the Bay Area Air Quality Management District. Methods to notify the public could include a written notice published in local newspapers, email notification by the Bay Area Air Quality Management District and oral notices presented by radio, telephone or television.

(Ord. No. 3658, § II(exh. A), 2016)

19.08.070 - Remodels of and replacements for noncompliant devices.

(a)

This section applies to both residential and commercial properties.

(b)

It shall be unlawful to "remodel," as defined in this chapter, or install a replacement for a wood-burning device that is not one of the following:

(1)

A pellet-fueled wood heater, as defined in this chapter;

(2)

A wood-burning heater that is "EPA certified," as defined in this chapter;

(3)

A gas-fueled heating device, as defined in this chapter.

(c)

The conversion of a gas fireplace to burn wood shall constitute the installation of a wood-burning device and is prohibited.

(Ord. No. 3658, § II(exh. A), 2016)

19.08.080 - Removal of non-certified wood heaters upon structure remodel.

Any wood-burning heater that is not "EPA certified," as defined in this chapter, shall be removed, rendered inoperable or replaced with a compliant device, in accordance with Section 19.08.070, when a remodel or addition requiring a building permit exceeds five hundred square feet.

(Ord. No. 3658, § II(exh. A), 2016)

Wood-burning devices of any kind will not be allowed to be added in new construction, additions or remodels of any size. Gas-fueled heating devices, as defined in this chapter will be allowed.

(Ord. No. 3658, § II(exh. A), 2016)

19.08.100 - Operation of noncompliant wood heaters.

Effective January 1, 2017, it shall be unlawful to use any non-EPA certified wood heaters, freestanding or insert, on any property within the un-incorporated area of Marin County. After that date all noncompliant wood heaters must be removed or rendered inoperable. The chief building official may grant an exception to this section in the case of wood-burning devices that are registered with Bay Area Air Quality Management District, pursuant to Section 6-3-404 of Regulation 6, Rule 3; and qualify for the exemptions provided under Sections 6-3-110 and 6-3-111 of Regulation 6, Rule 3.

(Ord. No. 3658, § II(exh. A), 2016)

19.08.110 - Permit requirements for replacement of wood-burning devices.

Any person who plans to replace a wood-burning device must submit documentation to the building and safety division, with a building permit application, demonstrating that the device is in compliance with this chapter as listed in Section 19.08.070 of this chapter.

(Ord. No. 3658, § II(exh. A), 2016)

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

(a)

Garbage;

(b)

Treated wood;

(c)

Plastic products;

(d)

Rubber products;

(e)

Waste petroleum products;

(f)

Paints;

(g)

Paints 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 device.

(Ord. No. 3658, § II(exh. A), 2016)

19.08.130 - Violation.

Violation of any provision of this chapter may be enforced pursuant to Chapter 1.05 of this code.

(Ord. No. 3658, § II(exh. A), 2016)

Chapter 19.12 - DECORATIVE POOL FENCES[[8]]

Footnotes:

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Editor's note— Ord. No. 3658, § II(exh. A), adopted Nov. 15, 2016, amended Ch. 19.12 in its entirety to read as herein set out. Former Ch. 19.12, §§ 19.12.010—19.12.060, pertained to swimming pool fences, and derived from Ord. No. 3607, § II(exh. A), adopted Nov. 12, 2013; and, previously, Ord. No. 3549, § II(exh. A), adopted Nov. 30, 2010. For full derivative history see disposition tables.