Sonoma Municipal Code Ch. 14.28 Wood-Burning Appliances

The city council of the city of Sonoma finds that:

A. The California Air Resources Board adopted revised particular matter (PM10) and new particular matter (PM2.5) ambient air quality standards (AAQS) in June of 2002, and levels for the PM10 and PM2.5 AAQS 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; and

B. Research indicates that wood smoke is a significant contributor to PM10 and PM2.5 levels that pose significant health risks; and

C. The city of Sonoma desires to decrease the risk to life and property from air pollution caused by wood-burning appliances; and

D. These regulations will significantly reduce the particulate emissions from wood-burning appliances that are installed, reconstructed or replaced subsequent to the adoption of this chapter. (Ord. 03-2005 § 1, 2005).

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

B. Exemptions. The following shall be exempt from all provisions of this chapter:

1. Any wood-burning appliance specifically designed for cooking;

2. Any outdoor wood-burning appliances (appliances where the firebox opens directly to the outdoors);

3. All gas appliances; and

4. The repair, replacement or reconstruction of wood-burning appliances located within qualified historic structures or properties. (Ord. 03-2005 § 1, 2005).

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

A. “Bay Area Air Quality Management District” means the air quality agency for the San Francisco Bay Area defined in California Health and Safety Code Section 40200.

B. “EPA” means the United States Environmental Protection Agency.

C. “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. An EPA-certified wood heater may be freestanding, built-in, or an insert within a fireplace.

D. “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 to one.

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

F. “Pellet-fueled wood heater” means any wood-burning appliance that operates exclusively on wood pellets.

G. “Qualified historic building or property” means any site, district, or structure on existing or future national, state or local historical registers, surveys, official inventories of historical or architecturally significant sites, places, historic districts, or landmarks.

H. “Reconstruction” means to rebuild more than 25 percent of the firebox enclosure of a wood-burning appliance by means of full or partial demolition and new construction.

I. “Replacement” means to replace an existing wood-burning appliance in its entirety in the same location as previously existed.

J. “Solid fuel” means wood or any other nongaseous or nonliquid fuel.

K. “Wood-burning appliance” means any fireplace, wood heater, or pellet-fired wood heater or any similar device burning any solid fuel used for aesthetic or heating purposes. (Ord. 03-2005 § 1, 2005).

A. It shall be unlawful to install, replace or reconstruct a wood-burning appliance unless it is one of the following:

1. A pellet-fueled wood heater;

2. An EPA-certified wood heater;

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

4. A fireplace certified by the EPA, should the EPA develop a fireplace certification program.

B. The conversion of a gas log fireplace to burn wood shall constitute the installation of a wood-burning appliance and shall be subject to the provisions of this chapter.

C. Any person who plans to install a wood-burning appliance shall submit documentation to the city of Sonoma building division and shall obtain a permit to verify that the appliance meets the requirements of this chapter. (Ord. 03-2005 § 1, 2005).

A. Use of any of the following fuels in a wood-burning appliance is prohibited:

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;

11. Saltwater driftwood.

This section shall not apply to products designed and marketed specifically for use as a fuel in a wood-burning appliance. (Ord. 03-2005 § 1, 2005).

It shall be unlawful and prohibited to install, reconstruct or replace a wood-burning appliance in violation of the provisions of this chapter. Such violations shall be subject to enforcement and civil penalties as set forth in Chapter 1.12 SMC. (Ord. 03-2005 § 1, 2005).