§ 12.345

The purpose of this chapter is to improve air quality within the county by regulating the type of woodburning appliances that may be installed and maintained within the city.

(Ord. No. 1974, div. 1, 11-18-2019)

12.345.020 - Definitions.

For the purposes of this chapter the following definitions shall apply:

1.

"Bay area air quality management district" means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code.

2.

"EPA" means the United States Environmental Protection Agency.

3.

"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 an insert within a fireplace.

4.

"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 is to one (35:1).

5.

"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.

6.

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

7.

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

8.

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

9.

"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.

10.

"Wood heater" means an enclosed, wood-burning appliance that is not a fireplace capable of and intended for space heating that meets all the following criteria:

a.

An air-to-fuel ratio in the combustion chamber averaging less than thirty-five is to one (35:1) as determined by the test procedures prescribed and approved by the building official;

b.

A usable firebox volume less than twenty (20) cubic feet (0.57 cubic meters);

c.

A minimum burn rate less than eleven (11) lb/hr (kg/hr); and

d.

A maximum weight of less than one thousand seven hundred sixty (1,760) lbs. (eight hundred (800) kg).

11.

"Wood stove" means a freestanding wood heater.

For the purpose of this chapter, 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. No. 1974, div. 1, 11-18-2019)

Wood-burning appliances specifically designed for cooking, outdoor fireplaces, gas and pellet-fueled appliances, and permanently installed or dedicated gas log fireplaces and wood-burning fireplaces legally installed prior to the effective date of the ordinance codified in this chapter, shall be exempt from all provisions of this chapter. The building official may approve an alternate wood-burning appliance, provided the building official finds that the proposed alternate appliance meets or exceeds the standards established for a EPA Phase II-certified wood heater.

(Ord. No. 1974, div. 1, 11-18-2019)

A building permit is required for the installation or replacement of any wood-burning appliance. Submittal for a building permit shall include documentation that the appliance is in compliance with the requirements of this chapter.

(Ord. No. 1974, div. 1, 11-18-2019)

Non-EPA Phase II-certified wood heaters or wood-burning fireplaces will not be allowed to be installed in new construction, additions or remodels of any size. Pellet-fueled and gas appliances will be allowed. Conversion of a gas fireplace to a wood-burning fireplace is prohibited.

(Ord. No. 1974, div. 1, 11-18-2019)

A non-EPA Phase II-certified wood-burning appliance, with the exception of an existing wood-burning fireplace legally installed prior to the effective date of the ordinance codified in this chapter, shall be removed, rendered inoperable or replaced with a compliant appliance when:

1.

The combination of the addition, alteration or remodeling exceeds fifty (50) percent of the floor area of the existing structure, thereby constituting a substantial remodel; and

The appliance is located within the room or area of the renovation.

(Ord. No. 1974, div. 1, 11-18-2019)

Chapter 12.350 - GATE SAFEGUARDS