Richmond Municipal Code Ch. 9.55 Fireplaces and Wood-Burning Appliances

This chapter establishes general requirements to reduce air pollution by regulating the installation of wood-burning appliances in the City of Richmond. These requirements are designed to address the State Air Resources Board's (ARB) adoption of a particulate matter PM 10 and PM 2.5 Ambient Air Quality Standard (AAQS) in December, 1982, and selection of levels for the PM 10 and PM 2.5 AAQS pursuant to California Code of Regulations Title 17 Section 70200 to protect the health of people who are sensitive to exposure to fine particles.

"Bay Area Air Quality Management District (BAAQMD)" means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code Section 40200.

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

"E.P.A. certified appliance" means any appliance 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 to those regulations.

"Fireplace" means any permanently installed masonry or factory-built wood-burning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to 30:1.

"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.

"Gas fireplace" means any masonry or factory-built fireplace in which a device that has been designed to burn natural gas or liquefied petroleum gas in a manner that simulates the appearance of burning wood has been permanently installed so the burner pan and associated equipment are affixed to the masonry or metal base of the fireplace.

"Insert" means any wood heater designed to be installed in an existing masonry or factory built fireplace.

"Masonry heater" means a solid fuel heating system that meets the most current EPA emissions requirements for wood stoves. It is of predominantly masonry construction having a mass of at least 800 kilograms (1,760 pounds) (excluding chimney and foundation), and having an overall average wall thickness of not more than 250 millimeters (10 inches). It achieves heat storage by the routing of exhaust gases through internal heat exchange channels in which the flow path downstream of the firebox includes at least one 180-degree change in flow direction, usually downward, before entering the chimney. The shortest distance between the firebox exit and chimney entrance is not less than twice the largest firebox dimension. It is equipped with doors that are intended to be in the closed position during the burn cycle. Its combustion air supply system is configured to produce a burn rate greater than five kilograms of fuel per hour. The chimney has a maximum flue size of 8 inches by 12 inches nominal rectangular dimensions, or 8 inches round.

"Paints" mean 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.

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

"Particulate matter (PM 10 and PM 2.5 )" means aerosols or fine particles of solid or liquid suspended in the air that are characterized by a diameter of 10 and 2.5 micrometers or less.

"Pellet-fueled heater" means any appliance that operates exclusively on solid fuel pellets.

"Solid fuel" means wood or any other nongaseous or nonliquid fuel.

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

"Waste petroleum products" means any petroleum product other than a gaseous fuel that has been refined from crude oil, has been used, and as result of subsequent use, has been contaminated with physical or chemical impurities.

"Wood-burning 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.

This chapter shall apply within the limits of the City of Richmond and all zoning districts as specified herein:

(1) New Construction, Replacement and Reconstruction. The following actions shall comply with this chapter:

(A) New construction of wood-burning appliances;

(B) Relocation of existing wood-burning appliances;

(C) Maintenance and repair of appliances installed in conformance with this chapter;

(D) Conversion of gas fireplaces into wood-burning appliances.

(2) Exemptions. The following appliances and actions are exempt from the provisions of this chapter:

(A) Any wood-burning appliance specifically designed for cooking;

(B) Maintenance or repair of existing residential open hearth fireplaces.

(a) Heating Appliances Allowed. It shall be unlawful to install or replace a stationary wood-burning or alternate heating appliance that is not one of the following:

(1) Pellet-fueled appliance;

(2) EPA certified appliance or insert (Phase-II or later);

(3) Dedicated gas log fireplace or gas stove;

(4) Masonry heater which meets the definition described in Section 9.55.010 of this chapter.

(b) Prohibited Fuels. It shall be unlawful to use garbage, treated wood, plastic products, rubber products, waste petroleum products, paints, paint solvents, pesticide residues, coal, glossy or colored papers, particle board, or salt water driftwood, in any wood-burning appliance. This section shall not apply to products designed specifically for use as fuel in a wood-burning appliance.

Any person who plans to install a wood-burning appliance must submit documentation to the Richmond Building Regulations Department with a building permit application demonstrating that the proposed wood-burning appliance is one which is allowed by this chapter. Any installation that is in violation of the provisions of this chapter shall constitute a nuisance subject to the provisions set forth in Chapter 9.22 and specifically the abatement procedures set forth in Section 9.22.100 of this Code.

If any section, subsection, sentence, clause or phrase or word of this chapter is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(Source: Ordinance No. 1-06 N.S.)