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Title 15 — BUILDINGS AND CONSTRUCTION

§ 15.64

Morgan Hill Building Code · 2026-07 edition · updated 2026-07-25 · Morgan Hill

15.64.010 - Short title.

The ordinance codified in this chapter shall be known as the "wood-burning appliances ordinance" and may be cited as such.

(Ord. 1861 N.S. § 17 (part), 2007: Ord. 1490 N.S. § 2 (part), 2000)

(Ord. No. 2095 N.S., § 2, 11-20-2013)

15.64.020 - Purpose.

The purpose of this chapter is to reduce wood smoke pollution and enhance health and quality of life of citizens, as well as to contribute to improvements in regional air quality by reducing air pollutant emission from wood-burning appliances.

(Ord. 1861 N.S. § 17 (part), 2007: Ord. 1490 N.S. § 2 (part), 2000)

(Ord. No. 2095 N.S., § 2, 11-20-2013)

15.64.030 - Definitions.

For the purpose of this chapter, certain words and phrases used in this chapter are defined as follows:

A.

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

B.

"E.P.A. certified wood heater" means any wood heater that meets the standard in Title 40 Part 60, Subpart AAA, Code of Federal Regulation in effect at the time of installation and is certified and labeled pursuant to those regulations and includes E.P.A. certified wood heater inserts.

C.

"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 to one, except a pellet-fueled wood heater.

D.

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

E.

"Gas fireplace" means any device designed to burn natural gas in a manner that simulates the appearance of a wood burning fireplace.

F.

"Masonry fireplace" means a fire chamber of solid masonry units such as bricks, stones, or masonry units constructed on a foundation provided with a suitable chimney.

G.

"New construction" means construction of new structures and new additions to existing structures.

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 wood burning appliance that operates exclusively on wood pellets.

K.

"Solid fuel" means wood or any other non-gaseous or non-liquid 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, as a result of use, has been contaminated with physical impurities.

N.

"Wood-burning appliance" means fireplace, wood heater, or pellet-fired heater or any similar device burning any solid fuel used for aesthetic or space-heating purpose.

(Ord. 1861 N.S. § 17 (part), 2007: Ord. 1490 N.S. § 2 (part), 2000)

(Ord. No. 2095 N.S., § 2, 11-20-2013)

15.64.040 - Application.

A.

Only E.P.A. pellet-fueled wood heaters and E.P.A. certified wood-burning appliances may be installed.

B.

This chapter does not prohibit the repair, reconstruction or replacement of an existing wood-burning appliance or wood-burning appliances that are designed primarily for food preparation.

(Ord. 1861 N.S. § 17 (part), 2007: Ord. 1490 N.S. § 2 (part), 2000)

(Ord. No. 2095 N.S., § 2, 11-20-2013; Ord. No. 2307 N.S., § 9, 11-6-2019)

15.64.050 - Limitation.

It is unlawful to burn the following in fireplaces or E.P.A. certified wood burning appliances: garbage, treated wood, plastic products, rubber products, waste petroleum products, paints, paint solvents, coal, glossy or colored papers, particle board or salt water driftwood.

(Ord. 1861 N.S. § 17 (part), 2007: Ord. 1490 N.S. § 2 (part), 2000)

(Ord. No. 2095 N.S., § 2, 11-20-2013)

Chapter 15.65 - SUSTAINABLE BUILDING REGULATIONS

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