Chapter 8.19 — WOOD-BURNING APPLIANCES

A.

Purpose. The purpose of this section is to reduce the health risks from airborne particulates and other pollutants deriving from the products of combustion of wood and similar cellulose and lignin-based substances under the climatic conditions applicable to Oakland and the San Francisco Bay Area air basin.

B.

Definitions. For purposes of this section the following terms shall be defined as set forth below:

"EPA" is the United States Environmental Protection Agency.

"EPA certified" is any wood-burning appliance or device that is listed and labeled "EPA certified" in accordance with the standards in Title 40, Part 60, Subpart AAA, of the Code of Federal Regulations in effect at the time the appliance is installed.

"Wood" is the tough, fibrous cellular substance constituting the xylem of trees and shrubs consisting largely of cellulose and lignin.

"Wood-burning" is an enclosed appliance means that burns wood or any wood-based solid fuel, including but not limited to wood pellets and charcoal.

"Wood heater" is an enclosed, wood burning appliance capable and intended for space heating or domestic water heating that meets the criteria in Title 40, Part 60, Subpart AAA, Section 60.531 of the Code of Federal Regulations amended October 17, 2000.

"Pellet heater" is a wood heather that burns pellet fuel exclusively and is either EPA certified or exempted under EPA requirements set forth in Part 60, Title 40, Subpart AAA, of the Code of Federal Regulations, February 26, 1988.

"Wood-burning fireplace" is in site-build masonry construction of factory-built, either open or with doors in front of the combustion chamber, which is neither a wood heater as defined in Title 40, Part 60, Subsection .531 of the Code of Federal Regulations nor a wood-burning cooking stove as defined herein.

C.

Applicability.

This chapter shall apply within the limits of the city of Oakland.

All wood-burning appliances installed in new residential units or wood-burning appliances being added to or replacing wood-burning appliances with the exception of wood-burning fireplaces in existing residential units shall comply with this Chapter.

All wood-burning appliances installed in new commercial occupancies or wood-burning appliances being added to or replacing wood-burning appliances in existing commercial occupancies shall comply with this Chapter.

Exemptions: Gas fireplaces shall be exempt from this Chapter, however, 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. A pellet-fueled wood heater is not subject to this Chapter.

The one to one replacement or reconstruction of residential fireplaces in residential units and secondary units constructed prior to the adoption of this Chapter with new wood-burning fireplaces that otherwise meet building codes, shall be exempt from Sections 8.19.010(D and E). Replacement fireplaces and the operation of such fireplaces shall meet Sections 8.19.010(G), (H), (I), and (J).

Historic buildings are exempt from the requirements of this Chapter. "Historical buildings" means those buildings designated as historic resources in the General Plan, buildings on any other city-adopted listing of historic resources, buildings which have been identified after appropriate analysis as being eligible for the State or National Register of Historic Places, or buildings recognized by the Landmark Preservation Board.

D.

Installations. All new wood-burning installations shall be EPA certified, whenever such certification exists.

E.

Repairs. Existing masonry fireplaces may be repaired in accordance with the applicable codes in effect at the time of the proposed repair and shall be limited to resurfacing the combustion chamber, replacement of dampers, installation or replacement of spark arrestors, and repair to flue pipe or chamber. Repair of the fireplace that may alter its drafting capabilities, including but limited to reduction of the overall length of flue, is not permitted. Repairs to the combustion chamber must, in any case, be in accordance with Title 40, Part 60, Subsection .531 of the Code of Federal Regulations.

F.

Mechanical Permits. As a condition for issuing a mechanical permit for a wood-burning installation or a wood-burning fireplace repair, the applicant shall provide approved documentation that the appliance, device, or method or repair conforms to the requirements of this section.

G.

Fuels. Fuel used in wood-burning installations shall be limited to dry and seasoned wood and wood based products manufactured for such use. Garbage, plastic, treated wood, similarly adulterated wood and wood based products (pressure-treated, painted, stained, creosoted, etc.), coal, paint solvents, glossy paper, rubber products, particle board, waste petroleum products, and salt water drift wood shall not be used as fuel.

H.

Airborne Particulates. Wood-burning installations shall not be used at any time the San Francisco Bay Area Air Quality Management District (BAAQMD) has declared a moratorium on burning or a no-burn day with the exception of an existing wood-burning appliance that is the only source of heat.

I.

Education. All citizens burning wood are encouraged to learn how to minimize air pollution. Educational materials will be available in City Council offices and through the BAAQMD offices. Upon the application for a building permit for installing a wood-burning appliance, Building Services shall provide an informational handout outlining ways to minimize pollution from wood-burning appliances.

J.

Enforcement. The City Administrator, or his or her designated representative, is empowered to enforce the provisions of this section. The provisions as set forth in Chapter 15.08 and Chapter 1.28 of this code shall apply to any such abatement. Fees, charges, penalties, and interest assessed for any abatement action performed by or on behalf of the city shall be recovered by the city in accordance with the provisions set forth in Chapter 15.08 of this code.

(Ord. 12671 § 3, 2005)