The purpose of this chapter is (1) to improve air quality within
the City of Santa Rosa by educating the public with regard to the
impacts of burning wood and the various types of wood burning appliances;
(2) to regulate the type of wood burning appliances that may be installed
and maintained within the City; and (3) ban the use of noncertified
wood burning appliances after June 1, 2004.
(Ord. 3567 § 2, 2002)
means the air quality agency for the San Francisco Bay Area
pursuant to California Health and Safety Code.
means the United States Environmental Protection Agency.
means any wood heater that meets the standards in Title 40,
Part 60.530, Subpart AAA, of the 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.
means any permanently installed masonry or factory-built
wood burning appliance, including fireplaces with gas logs, designed
to be used with an air-to-fuel ratio greater than or equal to 35 to
1.
means all 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.
means any device designed to burn only natural gas or liquefied
petroleum gas in a manner that simulates the appearance of a wood
burning fireplace.
means any masonry or factory-built fireplace in which a device
that has been designed to burn natural gas or liquefied petroleum
gas in a manner that simulates the appearance of burning wood has
been permanently installed so the burner pan and associated equipment
are affixed to the masonry or metal base of the fireplace.
means any wood heater designed to be installed in an existing
masonry or factory-built fireplace.
means all exterior and interior house and trim paints, enamels,
varnishes, lacquers, stains, primers, sealers, undercoatings, roof
coatings, wood preservatives, shellacs and other paints or paint-like
products.
means all original solvents sold or used to thin paints or
to clean up painting equipment.
means any appliance that operates exclusively on solid fuel
pellets.
means wood or any other nongaseous or nonliquid fuel.
means wood of any species that has been chemically impregnated,
painted or similarly modified to improve resistance to insects or
weathering.
means any petroleum product other than gaseous fuels 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.
means a fireplace, wood heater or pellet-fired heater or
similar device burning solid fuel used for aesthetic or space heating
purposes.
means an enclosed, wood-burning appliance capable of and
intended for space heating that meets all of the following criteria:
An air-to-fuel ratio in the combustion chamber averaging less
than 35-to-1, as determined by the test procedure prescribed in Section
60.534, performed at an accredited laboratory;
A usable firebox volume less than 20 cubic feet (0.57 cubic
meters);
A minimum burn rate less than 11 lb/hr (5 kg/hr); and
A maximum weight of less than 1,760 lbs (800 kg). For the purpose
of this ordinance, fixtures and devices that are normally sold separately,
such as flue pipe, chimney and masonry components that are not an
integral part of the appliance or heat distribution ducting do not
count as part of the appliance weight.
(Ord. 3567 § 2, 2002)
Any wood burning appliance specifically designed for cooking,
outdoor wood burning appliances and all gas appliances, except for
gas log fireplaces, shall be exempt from all provisions of this chapter.
(Ord. 3567 § 2, 2002)
The City shall establish and maintain an ongoing program to
educate the public on the provisions of this chapter and the health
impacts of wood smoke. The education program shall also identify the
various types of wood burning appliances and gas fireplaces, and instruct
residents how to burn fires more cleanly. Methods to educate the public
shall include the City's quarterly newsletter, City web site, utility
bills and other methods.
(Ord. 3567 § 2, 2002)
When an impaired air quality episode occurs within the region,
the Bay Area Air Quality Management District may issue a "Spare the
Air Tonight" warning. During this period, the City shall provide public
notification requesting residents curtail the burning of wood.
(Ord. 3567 § 2, 2002)
It shall be unlawful to install a wood burning appliance that
is not one of the following:
(A)
A pellet-fueled heater;
(B)
An EPA Certified Phase II wood heater or newer;
(C)
Solid fuel burning appliance certified for use by the Northern Sonoma
County Air Pollution Control District;
(D)
Gas log fireplace; or
(E)
A fireplace certified by the EPA, should the EPA develop a fireplace
certification program.
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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 requirements of this chapter.
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(Ord. 3567 § 2, 2002)
A noncertified (EPA or Northern Sonoma County Air Pollution
Control District) wood heater, freestanding or insert, shall be removed
when both of the following conditions occur:
(A)
Remodel or renovation work which requires a building permit and consists
of the opening of a wall within twelve inches of the appliance and
in the same room; and
(B)
The valuation of the remodel or renovation works exceeds $2,500.00.
This section does not apply to fireplaces without an insert
or to pellet-fueled heaters.
(Ord. 3567 § 2, 2002)
Effective June 1, 2004, it shall be unlawful to use or operate
a noncertified (EPA or Northern Sonoma County Air Pollution Control
District) wood heater, freestanding or insert, on any property within
the City of Santa Rosa. The Director of Community Development may
grant an exception to this section in cases of hardship. Hardships
include:
(A)
A residential sole source of heat;
(B)
A temporary sole source of heat;
(C)
An inadequate alternative source of heat.
(Ord. 3567 § 2, 2002)
It is recommended that any noncertified (EPA or Northern Sonoma
County Air Pollution Control District) wood heater, freestanding or
insert, be removed by the transferor prior to the transfer of, or
close of escrow on sale of, any residential real property located
within the City of Santa Rosa. This section does not apply to fireplaces
without an insert or to pellet-fueled heaters.
(Ord. 3567 § 2, 2002)
Where a transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, or residential stock cooperative improved with one to four dwellings is proposed for any real property within the City of Santa Rosa, the transferor shall transmit to the prospective transferee a disclosure, which may be delivered to the prospective transferee as part of the Sonoma County Disclosure and Disclaimers Advisory provided pursuant to local real estate practice, or by delivery to the prospective transferee of a local option disclosure statement pursuant to Article 1.5, Section 1102.6a of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code of the State of California.
The disclosure required by this section shall contain substantially
the following affecting air quality in this county: (1) buyer is advised
that if the property has a wood burning appliance ("wood burning appliance"
includes, but is not limited to, a fireplace insert, a free standing
wood stove or a wood heater, but does not include appliances or fireplaces
that burn solely propane or natural gas or pellets as fuel); (2) buyer
should have it inspected by a licensed contractor with expertise in
the installation, maintenance and repair of fireplaces, fireplace
inserts and wood stoves. In the event the unit is not an EPA certified
device, it is recommended that buyer have the unit removed and/or
replaced by a licensed contractor with expertise in the installation,
maintenance and repair of fireplaces, fireplace inserts and wood stoves.
If the buyer desires removal and /or replacement of the unit by the
seller, the parties must separately negotiate and document their agreement
on this issue. Buyer is further advised that certain cities and towns
within Sonoma County have enacted ordinances that may affect existing
and future wood burning appliances at the property, and buyer should
contact all relevant public agencies regarding the applicability of
these ordinances to buyer's purchase of the property, as well as the
feasibility of buyer's plans to improve the property.
(Ord. 3567 § 2, 2002)
Use of any of the following fuels in a wood burning appliance
is prohibited:
(A)
Garbage;
(B)
Treated wood;
(C)
Plastic products;
(D)
Rubber products;
(E)
Waste petroleum products;
(F)
Paints;
(G)
Paint solvents;
(H)
Coal;
(I)
Glossy or colored paper;
(J)
Particle board;
(K)
Salt water driftwood.
This section shall not apply to products designed and marketed
specifically for use as a fuel in a wood burning appliance.
(Ord. 3567 § 2, 2002)
Any person who plans to install or replace a wood burning appliance
must submit documentation to the Building Division with a building
permit application demonstrating that the appliance is one of the
following:
(A)
A pellet-fueled heater;
(B)
An EPA Certified Phase II wood burning appliance;
(C)
A solid fuel burning appliance approved for use by the Northern Sonoma
County Air Pollution Control District;
(D)
Gas log fireplace; or
(E)
A fireplace certified by the EPA should the EPA develop a fireplace
certification program.
(Ord. 3567 § 2, 2002)
Every person who violates any provision of this chapter is guilty
of a misdemeanor.
(Ord. 3567 § 2, 2002)
