The purpose of this chapter is to improve air quality in the City of Mill Valley by reducing emissions of smoke (particulate matter), organic gases and carbon monoxide by regulating the type of wood-burning appliances that may be installed and maintained within the City and by banning the use of non-certified wood heaters after December 31, 2008.
"Bay Area Air Quality Management District"
means the air quality agency for the San Francisco Bay Area established 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 standard in Code of Federal Regulations Title 40, Part 60, Subpart AAA, 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.
"Fireplace"
means any permanently installed masonry or factory-built wood-burning appliance designed to be used with an air-to-fuel ratio greater than or equal to 35 to 1.
"Garbage"
means all solid, semi-solid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphalted products, manure, vegetable or animal solids, and semi-solid wastes and other discarded solid and semi-solid wastes.
"Gas 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.
"Insert"
means any wood heater designed to be installed in an existing masonry or factory-built fireplace.
"Paints"
are all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, under-coatings, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.
"Paint solvents"
means all original solvents sold or used to thin paints or clean up painting equipment.
"Pellet-fueled heater"
means any appliance that operates exclusively on solid fuel pellets.
"Solid fuel"
means wood or any other non-gases 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 decay.
"Waste petroleum product"
means any petroleum product other than fuels that has been refined from crude oil, and has been used or has been contaminated with physical or chemical impurities.
"Wood-burning appliance"
means a fireplace, wood heater, or pellet-fired heater or similar device burning solid fuel used for aesthetic or space-heating purposes.
"Wood heater"
means an enclosed, wood-burning appliance that is not a fireplace capable of and intended for space heating that meets all the following criteria:
1. 
An air-to-fuel ratio in the combustion chamber averaging less than 35-to-1 as determined by the test procedures prescribed and approved by the Building Official.
2. 
A usable firebox volume less than 20 cubic feet (0.57 cubic meters).
3. 
A minimum burn rate less than 11 lb/hr (kg/hr).
4. 
A maximum weight of less than 1,760 lbs (800kg). 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.
It shall be unlawful in the City of Mill Valley to:
A. 
Use any wood-burning appliance when the Bay Area Air Quality Management District issues a "Spare the Air Tonight" warning and when an alternate legally permitted heat source is available.
B. 
Install a wood-burning appliance that is not one of the following: (1) a pellet-fueled wood heater; (2) an EPA certified wood heater; or (3) a fireplace certified by the EPA if the EPA adopts a fireplace certification program. The conversion of a gas fireplace to burn wood shall constitute the installation of a wood-burning appliance and shall be subject to the requirements of this ordinance.
C. 
Use any of the following prohibited fuels in a wood-burning appliance: garbage, paint solvents, treated wood, coal, plastic products, glossy or colored papers, rubber products, particle board, waste petroleum products, salt water driftwood, paints, wood having a moisture content higher than 20%, or any other material that produces noxious or toxic emissions when burned in a wood-burning appliance.
D. 
Use any non-EPA Phase II-certified wood heaters, or EPA Phase II-certified wood heaters that have been installed without a building permit, after December 31, 2008. After that date, all noncompliant wood stoves and inserts must be removed or rendered inoperable. The Building Official may grant an exception to this section in the case of hardship. Examples of hardships include without limitation the following: the prohibited wood heater is a residential sole source of heat or there is no adequate alternative source of heat that can be provided at a reasonable cost to the premises.
A non-EPA Phase II-certified wood-burning appliance shall be removed, rendered inoperable or replaced with a compliant appliance when:
A. 
A remodel or addition exceeds 500 square feet;
B. 
The combination of the addition, alteration or remodeling exceeds 50% of the floor area of the existing structure; or
C. 
A renovation includes opening up walls immediately adjacent to the appliance.