Martinez Municipal Code Ch. 15.32 Woodburning Appliances

Except as specifically provided by Section 15.32.030 of this Chapter, the provisions of this Chapter shall apply to each of the following categories of woodburning appliances installed within the limits of the City of Martinez:

A. Any woodburning appliance installed on or after January 1, 2006, in any building as that term is defined by the most current edition of the Uniform Building Code, which shall include but not be limited to residences, hotels and restaurants;

B. Gas fireplaces shall be exempt from the provisions of this Chapter. Notwithstanding the above, however, the conversion of a gas fireplace to a woodburning appliance on or after January 1, 2006, shall constitute the installation of a woodburning appliance and shall be subject to the provisions of this Chapter;

C. Any woodburning appliance installed on or after January 1, 2006, or that is located within a building that is renovated, altered or modified, which requires opening up walls immediately adjacent to the woodburning appliance.

(Ord. 1322 C.S. § I, 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 or woodburning insert that meets the standards in Title 40, 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 35 to 1.

E.

"Garbage"

means all solid, semisolid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solids and semisolid wastes, and other discarded solid and semisolid wastes.

F.

"Gas fireplace"

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

G.

"Install"

means to construct, lay or insert a woodburning appliance in a building in which no woodburning appliance had existed at the time of such act, or replace an existing woodburning appliance with another woodburning appliance in a building.

H.

"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.

I.

"Paint solvents"

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

J.

"Pellet-fueled wood heater"

means any woodburning appliance that operates exclusively on wood pellets.

K.

"Solid fuel"

means wood or any other nongaseous or nonliquid fuel.

L.

"Treated wood"

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

M.

"Waste petroleum products"

means any petroleum product other 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.

N.

"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. 1322 C.S. § I, 2005)

It shall be a violation of this Chapter to do any of the following:

A. Notwithstanding Section 15.32.010 of this Chapter, use any woodburning appliance that has been installed before, on or after January 1, 2006, when the Bay Area Air Quality Management District issues a "Spare the Air Tonight" warning and a gas, electric or woodburning heat source that is otherwise permitted by this Chapter is available for use in the building;

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) in the event that EPA develops a fireplace certification program, a fireplace certified by EPA;

C. Notwithstanding Section 15.32.010 of this Chapter, use any of the following prohibited fuels in a woodburning appliance that has been installed before, on or after January 1, 2006:

1. Garbage;

2. Treated wood;

3. Plastic products;

4. Rubber products;

5. Waste petroleum products;

6. Paints;

7. Paint solvents;

8. Coal;

9. Glossy or colored paper;

10. Particle board;

11. Salt water driftwood.

(Ord. 1322 C.S. § I, 2005)

Any person who plans to install a woodburning appliance must submit documentation to the Building Department, with a permit application, demonstrating that the appliance is a pellet-fueled wood heater, an EPA-certified wood heater, or in the event that the EPA develops a fireplace certification program, a fireplace certified by EPA.

Any violation of this Chapter shall be deemed a misdemeanor and upon conviction shall be punishable by a maximum $500.00 fine and/or imprisonment in the County Jail for no more than 6 months. A continuing violation shall be deemed to be and shall constitute a separate and distinct offense for each day or portion thereof that such violation continues.

(Ord. 1322 C.S. § I, 2005)