Milpitas Municipal Code Ch. 15 Fireplace/Woodsmoke Pollution

Footnotes:

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Editor's note— Ord. No. 65.145, § 2, adopted November 15, 2016, amended the Code by repealing former Ch. 15, §§ II-15-1—II-15-5, and adding a new Ch. 15. Former Ch. 15 pertained to similar subject matter, and derived from Ord. No. 65.142, adopted November 19, 2013.

It shall be unlawful to install a wood burning device that is not a pellet-fueled device or EPA certified.

(Ord. No. 65.145, § 2, 11/15/16)

Only gas fireplaces, pellet-fueled devices or E.P.A. certified wood-burning devices may be installed in any new construction.

(Ord. No. 65.145, § 2, 11/15/16)

Only gas fireplaces, pellet-fueled devices or E.P.A. certified wood-burning devices may be added to or replace wood-burning devices in existing buildings.

(Ord. No. 65.145, § 2, 11/15/16)

The conversion of a gas fireplace to burn wood shall constitute the installation of a wood burning device and shall be subject to the requirements of this Chapter.

(Ord. No. 65.145, § 2, 11/15/16)

A wood burning device shall comply with this Chapter if (1) it is reconstructed, (2) additions, alterations, or repairs are made to the device, or (3) the residential unit or commercial building in which the device is located is renovated, and the renovation includes opening up walls immediately adjacent to the appliance.

(Ord. No. 65.145, § 2, 11/15/16)

"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.

(Ord. No. 65.145, § 2, 11/15/16)

"E.P.A." means United States Environmental Protection Agency.

(Ord. No. 65.145, § 2, 11/15/16)

"E.P.A. certified" means any wood burning device 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 or as amended. This definition applies only to CERTIFIED devices and NOT to devices that are QUALIFIED under the E.P.A.-Qualified wood-burning fireplace program or any other certification program or other approval program by any other agency or entity.

(Ord. No. 65.145, § 2, 11/15/16)

"Fireplace" means any permanently installed masonry or factory-built wood burning device, except a pellet-fueled woodburning device, designed to be used with an air-to-fuel ratio greater than or equal to 35 to 1.

(Ord. No. 65.145, § 2, 11/15/16)

"Gas fireplace" means any device designed to burn natural gas exclusively in a manner that cannot burn solid fuel at any point during its construction.

(Ord. No. 65.145, § 2, 11/15/16)

"Pellet-fueled device" means any wood-burning device that operates exclusively on wood pellets.

(Ord. No. 65.145, § 2, 11/15/16)

"Solid fuel" means wood or any other non-gaseous or non-liquid fuel.

(Ord. No. 65.145, § 2, 11/15/16)

"Wood burning device" means any wood-burning stove or heater, pellet-fueled device, fireplace, or any device used to burn any solid fuel for space-heating or aesthetic purposes.

(Ord. No. 65.145, § 2, 11/15/16)

Any person who plans to install a wood burning device must submit documentation to the Office of Building Safety of the City of Milpitas demonstrating that the device is compliant with this Chapter. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 14, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)