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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 3 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 4