Article 14

2025 California Referenced Standards Code— Title 24, Part 12

This article shall be known as the "California Referenced Standards Code," and may be cited as

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such. For purposes of citation, the California Referenced Standards Code, Part 12, 2025 Edition, as published by the International Code Council, including tables and appendices thereto; amended by the State of California and adopted by reference and amended by the Town of Windsor, are renumbered by adding "7-2-1300" et seq. before each section.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

CHAPTER 3.

WOODBURNING APPLIANCES

Article 1.

Woodburning Appliances

The purpose of this article is to reduce wood smoke pollution and enhance health and quality of life of citizens, as well as to contribute to improvements in regional air quality by reducing air pollutant emissions from woodburning appliances.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

EPA means the United States Environmental Protection Agency.

Fireplace means any permanently installed masonry or factory-built woodburning appliance, including a pellet-fueled appliance, designed to be used with an air-to-fuel ratio greater than or equal to thirty-five (35) to one (1).

Garbage means solid, semi-solid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphalt products, manure, vegetable or animal solids and semisolid wastes, and other discarded solid and semisolid wastes.

Gas fireplace means any vented appliance whose primary function lies in the esthetic effect of the flames.

Kitchen means any room used or intended or designed to be used for cooking and preparing of food. Rooms that contain appliances or equipment such as microwaves, gas or electric ovens, gas or electric cooking surfaces, toaster ovens and similar appliances shall be considered a room or area intended or designed as a kitchen.

Masonry fireplace means a hearth and fire chamber of solid masonry units such as bricks, stones, or masonry units or reinforced concrete provided with an approved chimney constructed on a foundation.

New construction means construction of new structures, including commercial structures, as well as any addition(s) to existing structures where the addition(s) effect current fireplace installations.

Paint means all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoating, roof coatings, wood preservatives, shellacs and other paints or paintlike products.

Paint solvent means all original solvents sold or used to thin paints or to clean up painting equipment.

Pellet-fueled appliance means any heat generating appliance that burns wood pellets to generate heat.

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

Treated wood means wood of any species that has been chemically impregnated, painted or similarly modified to improve resistance to insects or weathering.

Waste petroleum products means any petroleum product other than gaseous fuel that has been refined from crude oil and has been used, and as a result of use, has been contaminated with physical or chemical impurities.

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TOWN OF WINDSOR CODE

Woodburning appliance means fireplace, wood heater, or pellet-fueled appliance or any similar device burning any solid fuel used for aesthetic or space-heating purposes.

It is unlawful to burn the following in any fireplace or woodburning appliance:

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

1. Coal;

No new fireplace or new woodburning appliance shall be installed, constructed, or utilized except in accordance with this Article 13. (Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

It is unlawful to install or construct in any new construction a woodburning appliance that is not one of the following:

1. A masonry fireplace; or

   2. Garbage;

   3. Glossy or colored paper;

   4. Paint;

   5. Paint solvent;

   6. Particle board;

   7. Plastic or items made from plastic;

   8. Rubber or items made from rubber;

2. A gas fireplace; or

3. A woodburning appliance designed primarily for food preparation; or

4. Any EPA certified wood heater which shall mean 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; or

5. Any fireplace certified by EPA should EPA develop fireplace certification standards or meeting equivalent standards to those listed in #4 above.

   • (1) This section shall apply to the repairs requiring a building permit, reconstruction or replacement of any lawful existing woodburning appliance.

This section shall not apply to a gas fireplace. However, the conversion of a gas fireplace to burn wood shall constitute the installation of a woodburning appliance and shall be subject to the requirements of this chapter. (Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

9. Salt water driftwood;

10. Treated wood; and

11. Waste petroleum products.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

Any person who plans to install a woodburning appliance must submit documentation to the Town Building Inspection Division demonstrating that the appliance is an EPA certified wood heater, or a fireplace certified by EPA.

Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided by law.

(Ord. No. 2025-402, §§ 3, 7, 12-3-2025)

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