Chapter 7C — WOOD-BURNING APPLIANCES

The board of supervisors finds that:

(a)

The State Air Resources Board adopted a particulate matter ambient air quality standard (PM10) in December 1982. Levels for the PM10 standard were selected pursuant to California Code of Regulations Title 17 Section 70200 to protect the health of people who are sensitive to exposure to fine particles.

(b)

Research indicates that wood smoke is a significant contributor to PM10 levels that pose health risks.

(c)

The county desires to lessen the risk to life and property from air pollution caused by wood-burning appliances.

(d)

These regulations will significantly reduce the particulate emissions from wood-burning appliances that are installed or replaced subsequent to the adoption of this chapter.

(Ord. No. 5546 § 1(a), 2005.)

(a)

Any person who installs a wood-burning appliance, including the replacement or reconstruction of an existing wood-burning appliance, shall comply with this chapter.

(b)

Exemptions. Any wood-burning appliance that is used exclusively for the preparation of food shall be exempt from the requirements of this chapter. Any gas fireplace shall be exempt from this chapter, unless the gas fireplace has been converted to a wood-burning appliance.

(Ord. No. 6185, § III(a), 11-15-2016; Ord. No. 5546 § 1(b), 2005.)

For the purposes of this chapter, the meaning of the words or phrases shall be as defined in this section.

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

"EPA" means the United States Environmental Protection Agency.

"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.

"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 35:1.

"Gas fireplace" means any device that bums natural or liquid propane gas as its fuel through a ceramic or otherwise non-combustible gas log that is permanently installed in the device. As used herein, "permanently installed" means the burn pan and associated equipment cannot be removed from the masonry or metal base of the device.

"New building construction" means any single or multi-family housing unit for which a complete application is received after the effective date of this ordinance.

"Northern Sonoma County Air Pollution Control District" means the air quality agency for the portion of the county which is not under the jurisdiction of the Bay Area Air Quality Management District pursuant to California Health and Safety Code Section 40002.

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

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

"Wood-burning appliance" means any fireplace, wood heater, or any indoor permanently installed device used to burn any solid fuel used for aesthetic or space- heating purposes.

(Ord. No. 6185, § III(b), 11-15-2016; Ord. No. 5546 § 1(c), 2005.)

In addition to meeting the requirements of the Bay Area Air Quality Management District and related codes and policy guidelines adopted by the state, the installation and replacement of wood-burning appliances shall meet the following requirements:

(a)

Requirements for New Building Construction. No person or builder shall install a wood-burning device in a new building construction.

(b)

Requirements for Remodeling a Fireplace or Chimney. No person shall remodel a fireplace or chimney unless a gas-fueled, electric, or EPA certified device is installed that meets requirements in Title 40 Code of Federal Regulations, Part 60, Subpart AAA. This requirement is triggered by a fireplace or chimney remodel where a total cost exceeds fifteen thousand dollars ($15,000.00) and requires a local building permit. The total cost excludes the cost of a building permit.

(c)

Any person who plans to install a wood-burning appliance shall submit documentation to the permit and resource management department and obtain a permit to certify that the appliance meets the requirements of this chapter.

(d)

The permit and resource management department shall make available a wood-burning handbook. The handbook shall advise the public to avoid using dangerous fuels in wood-burning appliances.

(Ord. No. 6185, § III(c), 11-15-2016)

Editor's note— Ord. No. 6185, § III(c), adopted Nov. 15, 2016, amended § 7C-4 in its entirety to read as herein set out. Former § 7C-4 pertained to general standards for installation and placement and derived from Ord. No. 5446, § 1(d), adopted in 2005.

In addition to meeting the requirements of the Northern Sonoma County Air Pollution Control District and related codes and policy guidelines adopted by the state the installation and replacement of wood-burning appliances shall meet the following requirements:

(a)

It shall be unlawful to install a wood-burning appliance unless it is one of the following:

(1)

A pellet-fueled wood heater;

(2)

An EPA certified wood heater; or

(3)

A wood-burning appliance approved for use by the Northern Sonoma County Air Pollution Control District.

(b)

Any person who plans to install a wood-burning appliance shall submit documentation to the permit and resource management department and obtain a permit to certify that the appliance meets the requirements of this chapter.

(c)

The permit and resource management department shall make available a wood-burning handbook. The handbook shall advise the public to avoid using dangerous fuels in wood-burning appliances.

(Ord. No. 6185, § III(d), 11-15-2016)

Editor's note— Ord. No. 6185, § III(d), adopted Nov. 15, 2016, amended § 7C-5 in its entirety to read as herein set out. Former § 7C-5 pertained to enforcement and derived from Ord. No. 5446, § 1(e), adopted in 2005.

It shall be unlawful and prohibited to install or replace a wood-burning appliance in violation of the requirements of this chapter. Such violations shall be subject to enforcement and civil penalties as set forth in Sections 1-7, 1-7.1, 1-7.2, 1-7.3 and 1-7.5 of this code.

(Ord. No. 6185, § III(e), 11-15-2016)