HomeMy WebLinkAboutOrdinances 1881 03/02/1992r
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APR 1 1892
ORDINANCE NO. 1881 N.C.S.
Re-Introduced by Councilman
Michael Davis
Seconded by Councilman
Brian Sobel
AN ORDINANCE OF THE CITY OF PETALUMA
ADDING CHAPTER 17.33 TO THE PETALUMA MUNICIPAL CODE
PERTAINING TO THE REDUCTION OF AIR POLLUTION BY REGULATING THE
NEW CONSTRUCTION OF OR REPLACEMENT OF WOODBURNING
APPLIANCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
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WHEREAS, the City Council desires to lessen the risk to life and property from air
pollution from woodburning appliances; and
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WHEREAS, the City Council finds that the proposed regulation will significantly reduce
the increase in particulate emissions from future installation and construction activities;
and,
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WHEREAS, the City Council finds a need exists to adopt regulations which apply to
woodburning combustion emissions; and
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The Municipal Code shall be amended by adding the following:
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Ord. 1881 N.C.S.
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SECTION NO. 17.33.010
BACKGROUND AND PURPOSE: The State Air Resources Board (ARB) adopted a
particulate matter (PM10) Ambient Air Quality Standard (AAQS) in December, 1982.
The levels for the PM10 AAQS were selected pursuant to California Code of Regulations
Title 17 Section 70200 to protect the health of people who are sensitive to exposure to fine
particles. The State Legislature, in 1988, adopted the California Clean Air Act which
requires attainment plans be "...designed to achieve and maintain the State Standards by
the earliest practical date...". This Ordinance is part of such a plan to deal with particulate
sources and is intended to limit and/or reduce particulate emissions caused by the use of
woodburning appliances.
SECTION NO. 17.33.020
APPLICABILITY: This ordinance shall apply within the City limits to any person who
plans to install a new woodburning appliance or replace an existing woodburning
appliance.
SECTION NO. 17.33.030
DEFINITIONS:
1. E.P.A. means United States Environmental Protection Agency.
2. E.P.A. certified wood heater means any wood heater that meets the performance
and emission standards set forth in Part 60, Title 40, Subpart AAA., Code of Federal
Regulations, February 26, 1988.
3. E.P.A. Phase II Limits: 7.5 grams particulate per hour for non-catalytic
woodburning appliance or 4.1 grams particulate per hour for catalytic woodburning
appliances.
4. "Catalytic" means a woodburning appliance equipped with a device coated with
platinum, palladium or other rare metal located in the combustion chamber of a
woodburning appliance designed to cause relatively complete combustion at lower
than normal temperatures.
5. "Fireplace" means any permanently installed masonry or factory-built device
designed to be used with an air-to-fuel ratio greater than. or equal to 35 to 1.
6. "Approved testing laboratory" means laboratories that have been approved by the
E.P.A. or other recognized agencies for the testing of woodburning appliances. A
list of approved testing laboratories is on file with the City Building Division.
7. "Garbage" 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, and
other discarded solid and semi-solid wastes.
8. "Gas log" fireplace means any device designed to burn natural gas having the
appearance of a wooden log and used and vented inside a fireplace.
Ord. 1881 N.C.S.
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9. "Paints" 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.
10. "Paint solvents" means all original solvents sold or used to thin paints or to clean up
painting equipment.
11. "Pellet-fueled wood heater" means any wood heater that operates on wood pellets
and is certified by E.P.A. or an approved testing laboratory or emits less than or
equal to E.P.A. Phase II limits.
12. "Solid fuel" means wood or any other non-gaseous or non-liquid fuel.
1.3. "Treated wood" means wood of any species that has been chemically impregnated,
painted or similarly modified to improve resistance to insects or weathering.
14. "Waste petroleum products" 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.
15. "Woodburning appliance" means fireplace, wood heater, or pellet-fired wood heater
or any similar device burning any solid fuel used for aesthetic or space-heating
purposes.
SECTION NO. 17.33.040
GENERAL REQUIREMENTS:
following criteria:
1. Emit less than or equal
woodburning appliance
woodburning appliance.
Aii approved woodburning appliance shall meet the
to 7.5 grams particulate per hour for a noncatalytic
or 4.1 grams particulate per hour for a catalytic
2. Be E.P.A: certified or certified by an approved testing laboratory using testing
procedures subject to City of Petaluma approval.
SECTION NO. 17.33.050
MATERIAL REQUIREMENTS: Only approved woodburning appliances will be allowed
within the City limits.
SECTION NO. 17.33.060
I,IMITA'fIONS: All woodburning appliances installed in new homes or woodburning
appliances being added to or replacing existing woodburning appliances in existing homes
must be "approved" as herein defined. Gas log fireplaces with dedicated gas jets anal with
permanently affixed artificial logs are exempt from this ordinance.
Ord. 1881 N.C.S.
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SECTION NO. 17.33.070
FUELS:
1) Only "seasoned" or "dry" wood should be used which has a moisture content of 20
percent or less by weight.
2) Prohibited Fuels.
a) Garbage e) Waste petroleum products
b) Treated wood f) Paints
c) Plastic products g) Paint solvents
d) Rubber products h) Coal
SECTI®N NO. 17.33.080
ENFORCEMENT: Any person who plans to install or replace a woodburning appliance
must submit documentation indicating its emission level to the Building Division from a
certified testing laboratory or the E.P.A..
Any person violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction shall be punishable as provided by law.
SECTI®N N®. 17.33.090
EFFECTIVE DATE: This Ordinance shall become effective on April 2, 1992 and shall
apply to all .permits issued on or after July 1, 1992. Except that any phase of a "Production
or Merchant" single-family subdivision, as defined by the Planning Director, for which
building permits for one or more houses have been issued prior to the effective date of this
Ordinance shall be exempt from the provisions herein.
IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
any reason held to be unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of
the City of Petaluma hereby declares that it would have passed and adopted this ordinance
and each and all provisions thereof irrespective of the fact that any one or more of said
provisions be declared unconstitutional.
Ord. 1881 N.C.S.
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INTRODUCED and ordered Posted/Published this 3rd day of February, 1992.
ADOPTED this ~ ~,_d day of March , 1992, by the following vote:
AYES: Read, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: Cavanagh
ABSENT: Davis, Sobel
ABSTAIN:
woodord / council6
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Ord. 1881 NCS