Santa Clara Municipal Code Art. II Prohibitions

Except as provided elsewhere in this chapter, any new commercial or residential wood burning appliance installed must be one of the following:

(a) A pellet-fueled wood heater;

(b) An EPA certified wood heater;

(c) A fireplace certified by EPA or a fireplace certified by an EPA-accredited laboratory as being compliant with the Northern Sonoma County Air Pollution Control District standards for fireplaces, using that district's testing protocol for fireplaces;

(d) New fireplaces in newly built or existing residential, commercial or other nonresidential structures that replace lawful fireplaces which exist at the time when an application is approved for construction of new fireplaces;

(e) Outdoor fireplaces which are not attached to a structure; or

(f) Wood burning appliances which are primarily used for the preparation of food.

(Ord. 1767 § 2, 5-21-2002)

Any person who plans to install a wood burning appliance must obtain a building permit and submit documentation to the Building Department demonstrating that the appliance is a pellet-fueled wood heater, an EPA certified wood heater or a fireplace certified by EPA or a fireplace certified by an EPA-accredited laboratory as being compliant with the Northern Sonoma County Air Pollution Control District standards for fireplaces, using that district's testing protocol for fireplaces.

(Ord. 1767 § 2, 5-21-2002)

The following fuels are prohibited from use in a wood burning appliance:

(a) Any 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; and/or

(f) Salt water driftwood.

(Ord. 1767 § 2, 5-21-2002)

No person shall burn any solid waste within the limits of the City except in accordance with and subject to the following limitations and conditions:

(a) No person shall burn any garbage, or any rubbish that originates from any industrial or commercial establishment or any hospital, clinic, medical or dental office or medical laboratory, except in accordance with SCCC Title 15.

(b) No person shall create or cause the emission of noxious or offensive odors, dense smoke, or any private or public nuisance by burning any solid waste.

(c) No fire shall be kindled or maintained by any person within or upon any public street, way, road, alley, waterway, or other public property or place, except by a member of the Fire Department acting under the direction of the Fire Chief or a designee of the Fire Chief.

(d) No person shall burn any solid waste within or upon any premises except for the burning of fuel in wood burning appliances, which is not prohibited under this chapter.

(e) Notwithstanding any other provision of this section, the Fire Marshal of the Fire Department may issue a permit for the burning of a bonfire or other fire in an outdoor location pursuant to Chapter 15.60 SCCC.

(Ord. 1767 § 2, 5-21-2002)