Chapter 9.11

WOOD BURNING APPLIANCES

Parts:

• 1 General Provisions and Definitions

• 2 General Provisions

• 3 Prohibitions

Part 1

GENERAL PROVISIONS AND DEFINITIONS

Sections:

• 9.11.010 Definitions.

• 9.11.020 Bay area air quality management district.

• 9.11.030 EPA.

• 9.11.040 EPA certified wood heater.

• 9.11.050 Fireplace.

• 9.11.060 Gas fireplace.

• 9.11.070 Paints.

• 9.11.080 Paint solvents.

• 9.11.090 Pellet-fueled wood heater.

• 9.11.100 Solid fuel.

• 9.11.110 Treated wood.

• 9.11.120 Waste petroleum products.

• 9.11.130 Woodburning appliance.

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 26133.)

"Bay area air quality management district" means the air quality agency for the San Francisco bay area established pursuant to California Health and Safety Code Section 40200. (Ord. 26133.)

"EPA" means united states environmental protection agency. (Ord. 26133.)

"EPA certified wood heater" means any wood heater 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. (Ord. 26133.)

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

(Ord. 26133.)

"Gas fireplace" means any device designed to burn natural gas in a manner that simulates the appearance of a woodburning fireplace. (Ord. 26133.)

"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 paintlike products.

(Ord. 26133.)

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

(Ord. 26133.)

"Pellet-fueled wood heater" means any woodburning appliance that operates exclusively on wood pellets.

(Ord. 26133.)

T9:93

SAN JOSÉ CODE

§ 9.11.100

"Solid fuel" means wood or any other nongaseous or non-liquid fuel. (Ord. 26133.)

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

(Ord. 26133.)

"Waste petroleum products" means any petroleum product other than gaseous fuels that has been refined from crude oil, and has been used, and as a result of use, has been contaminated with physical or chemical impurities. (Ord. 26133.)

"Woodburning 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. (Ord. 26133.)

Part 2

GENERAL PROVISIONS

Sections:

• 9.11.210 Commercial installations.

• 9.11.220 Gas fireplaces.

• 9.11.230 Additions, alterations or repairs.

All woodburning appliances installed in new commercial buildings or woodburning appliances being added to or replacing woodburning appliance in existing commercial buildings shall comply with this chapter. Commercial buildings shall include, but not be limited to, hotels and restaurants. (Ord. 26133.)

Gas fireplaces shall be exempt from this chapter. However, the conversion of a gas fireplace to burn wood shall constitute the installation of a woodburning appliance and shall be subject to the requirements of the chapter. (Ord. 26133.)

A woodburning appliance shall comply with this chapter, if:

• A. The appliance is reconstructed,

• B. Any of the following type work is done the cost of which exceeds one thousand five hundred sixty five dollars:

  1. Additions, alterations, or repairs to the appliance;

  2. Remodel or renovation work which requires opening up walls within twelve inches of the appliance.

• C. The amount set forth in subsection B. shall be adjusted by the building official on an annual basis according to the increase in consumer price index.

• (Ord. 26133.)

Part 3

PROHIBITIONS

All woodburning appliances installed in new residential units or woodburning appliances being added to or replacing woodburning appliances in existing residential units shall comply with this chapter.

(Ord. 26133.)

Sections:

• 9.11.310 Prohibited fuels.

• 9.11.320 Certification.

T9:94

HEALTH AND SAFETY

§ 9.12.010

No person shall install a woodburning appliance that is not one of the following:

• A. A pellet-fueled wood heater; or

• B. An EPA certified wood heater.

• (Ord. 26133.)

The following fuels are prohibited from use in a woodburning appliance:

• A. All materials prohibited in Section 9.10.820 of this Code, including but not limited to treated wood, plastic products, rubber products, glossy or colored papers and particle board;

• B. Any 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, or other discarded solid and semi-solid wastes;

• C. Waste petroleum products;

• D. Paints or paint solvents;

• E. Coal;

• F. Salt water driftwood.

• (Ord. 26133.)

Any person who plans to install a woodburning appliance must submit documentation to the building official demonstrating that the appliance is a pellet-fueled wood heater, or an EPA certified wood heater.

(Ord. 26133.)