Truckee Municipal Code Ch. 7.06 Removal of Non-Town Approved Solid Fuel Burning Appliances by July 15, 2007

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(ORD 2006-02 04-20-06)

The Town Council hereby finds that:

(a) The Truckee Particulate Matter Air Quality Management Plan was adopted on July 15, 1999, which recognized the severity of particulate matter pollution in the Town of Truckee and its environs and the urgency for reducing particulate matter emissions; and

(b) The Air Quality Management Plan documents the adverse health and environmental effects that particulate matter has on the residents and visitors of Truckee; and

(c) A key control strategy of the Air Quality Management Plan is to facilitate the removal or replacement of non-certified woodstoves and fireplace inserts, thereby reducing PM 10 and PM 2.5 emissions from these gross-polluting appliances.

(d) Accordingly, the Town Council finds that the health, safety, and general welfare of the residents of, persons employed in, and persons who frequent this Town would be benefited by the removal of all non-Town approved solid fuel burning appliances within the Town of Truckee.

For the purposes of this chapter, a "Town approved solid fuel burning appliance" shall mean:

(1) An open masonry fireplace constructed in accordance with County or Town regulations applicable at the time of construction;

(2) A zero-clearance fireplace constructed in accordance with County or Town regulations applicable at the time of construction;

(3) An open masonry fireplace that burns natural or liquid propane gas as its fuel through a ceramic or otherwise non-combustible gas log that is permanently installed in the fireplace;

(4) An EPA Certified Appliance, including appliances meeting the emission requirements for Phase I certification;

(5) An appliance certified as meeting the emission requirements of the Oregon Department of Environmental Quality;

(6) An EPA Certified pellet fueled wood heater;

(7) A zero clearance fireplace that is not an EPA Certified Appliance and is approved for use by the San Luis Obispo Air Pollution Control District as shown on their most current "List of APCD-Approved Woodburning Devices"; and

(8) A wood stove used for ornamental purposes that has been rendered permanently inoperable.

(Ord. No. 2025-08, § 1(Exh. A), 1-13-2026)

(a) All solid fuel burning appliances within the Town of Truckee that are not Town Approved Solid Fuel Burning Appliances as defined by Section 7.06.020 shall be removed from all properties by July 15, 2007 or rendered permanently inoperable by July 15, 2007 unless an extension of time to comply with this Chapter is granted by the Community Development Director in accordance with Section 7.06.040.

(b) It shall be a violation of this Chapter for any person or other legal entity on or after July 15, 2007 to possess or operate a solid fuel burning appliance within the Town of Truckee unless the appliance is a Town Approved Appliance or has been rendered permanently inoperable, or the person has been granted an extension of time to comply with this Chapter from the Community Development Director in accordance with Section 7.06.040 or is authorized by the Community Development Director to collect and dispose of non-Town Approved Appliances.

(ORD 2006-02 04-20-06)

The Community Development Director may grant an extension of time not exceeding six months from July 15, 2007 to comply with the requirements of this Chapter if the Director finds that there are extenuating circumstances warranting an extension. Any decision by the Director on an extension of time may be appealed to the Town Council in accordance with Section 2.04.100 et seq. of the Municipal Code.

(ORD 2006-02 04-20-06)

The Town Council shall adopt administrative procedures and guidelines for the implementation and enforcement of the provisions of this Chapter by no later than November 1, 2006. These administrative procedures and guidelines shall include a presumption of compliance with the provisions of this Chapter for those properties that are undeveloped as of July 15, 2007, those properties in which all improvements on the property were constructed in accordance with a Town building permit issued on or after January 1, 1994, and those properties to which a certificate of compliance has been issued in accordance with Section 7.04.040 of the Municipal Code in effect from January 1, 2002, to September 1, 2005, unless the Director has knowledge or evidence to the contrary.

(ORD 2005-03 03-17-05; ORD 2006-02 04-20-06)

In addition to the penalties and punishments as set forth in Chapter 1.02 of this Municipal Code, the Director shall have the authority to issue an administrative citation in accordance with Chapter 1.03 of this Municipal Code for a violation of any provision of this Chapter. The amount of the fine for a first conviction shall be not more than One Thousand Dollars ($1,000), for a second conviction within a period of one year shall not be more than Two Thousand, Five Hundred Dollars ($2,500), and for a third or any subsequent conviction within a period of one year shall not be more than Five Thousand Dollars ($5,000).

(ORD 2003-06 12-4-03)