Rohnert Park Municipal Code Ch. 8.26 Installation of Wood-Burning Appliances

This Ordinance shall be known as the Wood-Burning Appliances Ordinance of the City of Rohnert Park.

(Ord. 720 § 1 (part), 2004)

The purpose of this chapter is (1) to improve air quality within the City of Rohnert Park and (2) to regulate the type of wood-burning appliances that may be installed and maintained within the city.

(Ord. 720 § 1 (part), 2004)

A. The State Air Resources Board (ARB) adopted a particulate matter (PM10) Ambient Air Quality Standard (AAQS) in December 1982, and levels for the PM10 AAQS were selected pursuant to California Code of Regulations, Title 17, and Section 70200 to protect the health of people who are sensitive to exposure to particulate matter.

B. Research indicates that wood smoke is a contributor to PM10 levels and poses significant health risks to the public.

C. The city council desires to lessen the risk to human health and the environment caused by pollution from wood-burning appliances.

D. A need exists to adopt regulations that apply to wood-burning combustion emissions.

E. The proposed ordinance will minimize the increase in particulate emissions from future installation of certain wood-burning appliances, and will decrease particulate emissions by the removal of certain wood-burning appliances at the time of renovation.

(Ord. 720 § 1 (part), 2004)

These words, as used in this chapter, shall have the following meanings:

A. "Bay Area Air Quality Management District" means the air quality agency for the San Francisco Bay Area pursuant to the California Health and Safety Code.

B. "EPA" means the United States Environmental Protection Agency.

C. "EPA certified wood heaters" means any wood heater that meets the standard in Title 40 Part 60.530 Subpart AAA Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations. An EPA certified wood heater may be freestanding, built-in, or is an insert within a fireplace.

D. "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 35 to 1.

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

F. "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.

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

H. "Paints" means all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, under-coatings, 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 clean up painting equipment.

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

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

L. "Temporary Sole Source" means the use of a wood-burning appliance determined to be temporary as determined by the building department of the city.

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

N. "Waste petroleum product" means any petroleum product other than fuels that has been refined from crude oil, and has been used or has been contaminated with physical or chemical impurities.

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

P. "Wood heater" means an enclosed, wood-burning appliance capable of and intended for space heating that meets all the following criteria:

1. An air-to-fuel ratio in the combustion chamber averaging less than 35-to-l as determined by the test procedures prescribed and approved by the building official;

2. A usable firebox volume less than twenty cubic feet (0.57 cubic meters);

3. A minimum burn rate less than eleven lb/hr (kg/hr); and

4. A maximum weight of less than 1,760 lbs (800kg). For the purpose of this ordinance, fixtures and devices that are normally sold separately, such as flue pipe, chimney and masonry components that are not an integral part of the appliance or heat distribution ducting do not count as part of the appliance weight.

(Ord. 720 § 1 (part), 2004)

Any wood-burning appliances installed in new residential units or wood-burning appliances being added to or replacing wood-burning appliances in existing residential units shall comply with this chapter.

All wood-burning appliances installed in new commercial buildings or wood-burning appliances being added to or replacing wood-burning appliances in existing commercial buildings shall comply with this chapter. Commercial buildings shall include, but not be limited to, hotels and restaurants.

Any wood-burning appliances specifically designed for cooking and all gas appliances shall be exempt from this chapter. 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 wood-burning appliance shall comply with this chapter if: (1) it is reconstructed, (2) additions, alterations, or repairs are made to the appliance that require opening up immediately-adjacent walls, or (3) the residential unit or commercial building in which the wood-burning appliance is located is renovated, and the renovation includes opening up walls immediately adjacent to the wood-burning appliance.

(Ord. 720 § 1 (part), 2004)

It shall be unlawful to use any wood-burning appliance when the Bay Area Air Quality Management District issues a "Spare the Air Tonight" warning and when an alternate approved heat source is available.

(Ord. 720 § 1 (part), 2004)

It shall be unlawful to install a wood-burning appliance that is not one of the following: (1) a pellet-fueled wood heater, (2) an EPA certified wood heater, or (3) a fireplace certified by EPA or another authoritative agency should EPA or another authoritative agency develop a fireplace certification program.

(Ord. 720 § 1 (part), 2004)

A. It shall be unlawful to use of any of the following fuels in a wood-burning appliance:

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; or

11. Salt water driftwood.

B. This section shall not apply to products designed specifically for use as fuel in a wood-burning appliance.

(Ord. 720 § 1 (part), 2004)

Any person who plans to install a wood-burning appliance must submit documentation to the city demonstrating that the wood-burning appliance is a pellet-fueled wood heater, an EPA certified wood heater, or a fireplace certified by EPA should EPA develop a fireplace certification program.

Any person who violates any provision of this chapter will receive a "Notice of Violation" from the building division of the city after it has been determined that a violation has occurred. The "Notice of Violation" shall inform the person(s) or property owner(s) violating this chapter that they are in violation of the chapter and shall direct them to stop all activity in violation of this chapter. Only one (1) "Notice of Violation" will be issued to each person or property owner in violation of this chapter. Subsequent violations of this chapter will be considered a separate violation and will be subject to the provisions for a second violation as outlined in this section.

Every person who violates any provision of this chapter a second time is guilty of an infraction.

(Ord. 720 § 1 (part), 2004)