HomeMy WebLinkAboutOrdinance 1855 (Regulate Wood Burning Appliances)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1855 entitled:
"AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL ADDING CHAPTER 12.45 TO THE
SAN RAFAEL MUNICIPAL CODE PERTAINING TO THE REDUCTION OF AIR POLLUTION
BY REGULATING THE INSTALLATION OF WOOD BURNING APPLIANCES AND THE
REPLACEMENT OF NON -CERTIFIED WOOD BURNING APPLIANCES"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 2nd day of July, 2007.
published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City, held on the 16th day of July, 2007, by the
following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips and Mayor Boro
None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
19th day of July, 2007
M. LEONCINI
City Clerk
ORDINANCE NO. 1855
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL ADDING CHAPTER 12.45 TO THE SAN
RAFAEL MUNCIPAL CODE PERTAINING TO THE REDUCTION OF AIR POLLUTION BY
REGULATING THE INSTALLATION OF WOOD BURNING APPLIANCES AND THE REPLACEMENT
OF NON -CERTIFIED WOOD BURNING APPLIANCES.
WHEREAS, the City Council of the City of San Rafael finds that the State Air Resources Board
(ARB) adopted a particulate matter (PM10) Ambient Air Quality Standard in December, 1982, and levels
for PM10 were established pursuant to California Code of Regulations, Title 17, and Section 70200 to
protect the health of people who are sensitive to exposure to particulate matter, and
WHEREAS, research indicates that wood smoke is a contributor to PM10 levels and poses
significant health risks to the public. PM10 can pass through the nose and throat and lodge deep in the
lungs. Children and infants are more susceptible to PM10 and its health effects because of greater
activity levels and breathing rates, higher doses per body weight and lung surface area and potential
irreversible effects on developing lungs, and
WHEREAS, the U.S. Environmental Protection Agency (EPA) indicates that the lifetime cancer
risk from wood stove emissions may be 12 times greater than the lifetime cancer risk from exposure to an
equal amount of cigarette smoke, and
WHEREAS, the EPA states that wood stoves are the second highest source of cancer risk from
particulate air pollution, and
WHEREAS, scientific studies show that rising PM levels correlate with serious health effects, such
as asthma, decreased lung functions, increased emergency room visits, hospital admissions and even
premature death, and
WHEREAS, in the winter months, woodsmoke is the largest area -wide stationary source of
particulate matter in the Bay Area, according to the Bay Area Air Quality Management District, and
accounts for one-third of the small particle pollution in the air basin during winter months, and
WHEREAS, woodburning generates carbon monoxide and toxic air pollutants such as dioxin, in
addition to PM, and
WHEREAS, the City Council desires to lessen this risk to human health and the environment
caused by pollution from wood -burning applicants,
WHEREAS, the amendments to Title 12 — Building Regulations of the San Rafael Municipal Code
are based on the following findings:
The proposed amendments would be consistent with the policies and programs of the San Rafael
General Plan 2020 that are pertinent to the City's Building Regulations. These proposed
amendments implement provisions of the Policy AW -1 (State and Federal Standards), which
states, "Continue to comply and strive to exceed state and federal standards for air quality for the
benefit of the Bay Area;" Policy AW -4 (Particulate Matter Pollution Reduction), which states,
"Promote the reduction of particulate matter pollution from roads, parking lots, construction sites,
agricultural lands and other activities;" and includes Implementation Program AW -4b (Fireplaces
and Woodburning Stoves), which states, "Cooperate with the local air quality district to monitor air
pollution and enforce mitigations in areas affected by emissions from fireplaces and woodburning
stoves. Encourage efficient use of home woodburning heating devices. Adopt and implement the
BAAQMD Model Woodsmoke Ordinance for new residential development;"
2. The public health, safety and general welfare would not be impacted by the proposed
amendments which reduce impacts on respiratory health and chemical sensitivity of residents and
visitors, reduce production of greenhouse gases, reduce impacts on wildlife and vegetative
habitats and reduce generation and landfilling of waste products; and
3. To the extent that the requirements of this ordinance are deemed to constitute changes or
modifications to the requirements of the California Building Standards Code and the other
regulations adopted pursuant to Health and Safety Code Section 17922, the San Rafael City
Council finds that the provisions of this ordinance are reasonably necessary because of local
climatic, geological, or topographical conditions as follows: The City of San Rafael is composed
of low-lying valleys surrounded by steep mountains which creates local microclimates. During
winter months cold, still evenings cause surfaced based radiation inversions which trap gas and
smoke emissions, which cause particle pollution to rise rapidly to levels which have been found to
contribute to significant health impacts. Woodsmoke is responsible for an average of one-third of
the small particle pollution in the air basin during winter months, according to the Bay Area Air
Quality Management District. Due to local climatic conditions, it is reasonably necessary to
regulate the installation of woodburning appliances in the City of San Rafael.
WHEREAS, on May 29, 2007 and June 12, 2008, the San Rafael Planning Commission
conducted public hearings on the proposed Municipal Code amendments, accepting all public testimony
and the written report of the Department of Community Development, and recommended adoption of the
proposed ordinance; and
WHEREAS, it has been determined that these amendments are exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines
which exempt changes in land use regulations intended for the protection of the environment. The
proposed regulations would reduce local impacts on air quality from generation of wood smoke.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT MODIFICATIONS TO
THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS:
DIVISION 1: Chapter 12.45 is added to the San Rafael Municipal Code to read as follows:
Chapter 12.45 Wood Burning Appliances
12.45.010 Purpose
12.45.020 Definitions
12.45.030 Exemptions
12.45.040 Permit Required for Installation and Replacement of Wood Burning Appliances
12.45.050 New Construction, Additions or Remodels
12.45.060 Removal or Replacement of Non -Compliant Appliances Upon Remodel
12.45.010 Purpose. The purpose of this chapter is to improve air quality within the county by regulating
the type of wood -burning appliances that may be installed and maintained within the city.
12.45.020 Definitions. For the purposes of this chapter the following definitions shall apply:
"Bay area air quality management district" means the air quality agency for the San Francisco Bay
Area pursuant to California Health and Safety Code.
"EPA" means the United States Environmental Protection Agency.
"EPA certified wood heaters" means any wood heater that meets the standard in Title 40 Part
60.530 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.
"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 35:1.
"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.
"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.
"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:
a) An air -to -fuel ratio in the combustion chamber averaging less than 35:1 as determined by the test
procedures prescribed and approved by the chief building official,
b) A usable firebox volume less than twenty cubic feet (0.57 cubic meters),
c) A minimum burn rate less than eleven lb/hr (kg/hr), and
d) A maximum weight of less than one thousand seven hundred sixty 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.
"Wood stove" means a freestanding wood heater.
19.45.030 Exemptions. Wood -burning appliances specifically designed for cooking, outdoor fireplaces,
gas and pellet fueled appliances, and permanently installed or dedicated gas log fireplaces and
woodburning fireplaces legally installed prior to the effective date of this ordinance, shall be exempt from
all provisions of this chapter. The chief building official may approve an alternate wood burning appliance,
provided the chief building official finds that the proposed alternate appliance meets or exceeds the
standards established for a EPA phase II certified wood heater.
19.45.040 Permit Required for Installation and Replacement of Wood Burning Appliances. A
building permit is required for the installation or replacement of any wood -burning appliance. Submittal for
a building permit shall include documentation that the appliance is in compliance with the requirements of
this Chapter.
19.45.050 New Construction, Additions or Remodels. Non -EPA Phase II -Certified wood heaters or
woodburning fireplaces will not be allowed to be installed in new construction, additions or remodels of any
size. Pellet -fueled and gas appliances will be allowed. Conversion of a gas fireplace to a woodburning
fireplace is prohibited.
19.45.060 Removal or Replacement of Non -Compliant Appliances Upon Remodel. A non -EPA
Phase II -Certified woodburning appliance, with the exception of an existing wood -burning fireplace legally
installed prior to the effective date of this ordinance, shall be removed, rendered inoperable or replaced
with a compliant appliance when:
a) the combination of the addition, alteration or remodeling exceeds 50% of the floor area of the existing
structure, thereby constituting a substantial remodel, and
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b) the appliance is located within the room or area of the renovation.
DIVISION 2:
This Ordinance shall not be applicable to any development project for which an application has been filed
for either a planning approval or a building permit prior to the effective date of the ordinance.
DIVISION 3:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council
hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
DIVISION 4:
This Ordinance shall be published once in full before its final passage in a newspaper of general
circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty
(30) days after its final passage.
JAEB/ERT J. RO, Mayor
ATTEST:
JE NE M. LEONCINI, bity Clerk
The foregoing Ordinance No. 1855 was read and introduced at a Regular Meeting of the City Council of
the City of San Rafael, California, held on the 2nd day of July, 2007 and ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 16th day of July, 2007.
?JE—AVN-N4`EM.LEONCINI, City Clerk
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