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HomeMy WebLinkAboutMINUTES - 11142000 - C28-C30 TO BOARD OF SUPERVISORS Contra : AL OPERATIONS COMMITTEE Costa FROM: INTERN County DATE: November 14, 2000 l� 1 SUBJECT: ADOPTION OF WOODSMOKE ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. ADOPT ordinance, which was introduced October 24, 2000, to regulate new construction and replacement of wood burning appliances in the unincorporated area of the County for the purpose of reducing air pollution and ADOPT the following findings and/or other findings as directed by the Board: a. The State Air Resources Board (ARB) adopted a particulate matter (PM,o) Ambient Air Quality Standard (AASQ) in December, 1982, and levels for the PM,oAAQS 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. b. Research indicates that woodsmoke is a significant contributor to PM,o levels that pose significant health risks. c. The Board of Supervisors desires to lessen the risk to life and property from air pollution from wood burning appliances. d. The proposed ordinance will retard the increase in particulate emissions from future installation and construction activities relating to wood burning appliances. e. The ordinance adoption is not a project subject to CEQA pursuant to section 15061(b)(3) of the State and County CEQA Guidelines. f. For the foregoing reasons, the Board of Supervisors finds a need exists to adopt this ordinance regulating wood burning combustion emissions. 2. DIRECT staff to file a Notice of Exemption from CEQA with the County Clerk. 3. REQUEST the Building Inspection Director to recommend criteria for use in the evaluation of emissions from masonry fireplaces. 4. ACCEPT the hearth industry's offer to educate the public regarding emissions from existing fireplaces and other wood burning appliances. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE{ --- AYLE B. UIL A MARK DeSAULNIER -- ACTION OF BOARD ON 11 OU PV0 6-1-v' 1b+; -2040 APPROVE AS RECOMMENDED X OTHER See related Ordinance 2000-35 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN- ATTESTED d &ri f *t c?OaC) CONTACT: JULIE ENEA (925)335-11777 PHIL BATCHELOR,CLERK OF THE BOARD cc: INTERNAL OPERATIONS COMMITTEE OF SUPERVISORS AND COUNTY COUNTY ADMINISTRATOR ADMINISTRATOR COMMUNITY DEVELOPMENT BUILDING INSPECTION COUNTY COUNSEL BY f��.t_�4 ,DEPUTY ADOPT WOODSMOKE ORDINANCE NOVEMBER 14, 2000 10 COMMITTEE POLICY RECOMMENDATIONS PAGE 2 FISCAL IMPACT: The cost of a compliant unit is approximately $3,000 above the cost of a zero clearance fireplace. This additional cost will be born by the individual homeowner, contractor or developer. The cost of implementing the proposed ordinance for the County will be minimal. The Building Inspection Department has stated that minimal additional plan check time will be required for the review of plans at the time of submittal for a building permit. BACKGROUND: In January 3999, the County received a request from the Bay Area Air Quality Management District (Air District) to review and adopt a model ordinance requiring that fireplaces in new or remodeled construction be either wood burning units, pellet stoves or natural gas units certified by the Environmental Protection Agency (E.P.A.). A letter dated January 26, 3999 distributed by the Air District states that the motivation behind the ordinance is to help insure that the Bay Area continues to meet the federal health standard for particulate matter, the fine particles that can lodge deep in the lungs and can cause permanent lung damage. According the Air District, wood burning fireplaces and wood stoves generate 40 percent of the particulate matter in the Bay Area during winter months. The Air District further states that its model ordinance would reduce the particulate pollution generated by traditional fireplaces by 75 percent for an EPA-certified stove and 99 percent for a natural gas unit. In April 1999, the Board of Supervisors referred this request to the Internal Operations (IO) Committee for consideration. Due to its heavy schedule, the 3999 IO Committee was unable to consider this issue and recommended to the Board that it be referred to the 2000 IO Committee. The 2000 IO Committee considered the proposed ordinance and related issues at three separate meetings: April 24,July 10 and September 11, 2000. At the meetings, the Committee received testimony from the Air District, representatives from the hearth industry and the American Lung Association, the Board of Realtors, the general public, and staff of the Community Development and Building Inspection Departments, assisted by County Counsel. In formulating the proposed ordinance for Contra Costa County, the Committee considered testimony of concerned persons, the experiences of neighboring jurisdictions in adopting such an ordinance, and the staff analysis of similar ordinances adopted by the cities of Palo Alto, Petaluma, Saratoga and San Jose. On October 24, 2000, the Board of Supervisors, at the recommendation of the IO Committee, introduced the proposed woodsmoke ordinance for Contra Costa County and waived the reading, conducted a noticed public hearing; received testimony from the Bay Area Air Quality Management District, the hearth industry, the realtors association and staff, considered findings as to the ordinance; and fixed November 14, 2000 for adoption of the findings and the ordinance. The Board also asked the Building Inspection director to develop criteria by which to evaluate masonry fireplaces, and accepted the offer of the hearth industry to assist in educating citizens about how best to minimize fireplace emissions. ORDINANCNO, 20003 (Wood Burning Appliances) The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Mode): [Govt.C. §25120]. SECTION L STMrtvrAM: This ordinance adds Chapter 718-10 to the County Ordinance Code to regulate new construction or replacement of wood burning appliances in the unincorporated area of the County for the purpose of reducing air pollution. SECTION II. Chapter 718-10 is added to the County Ordinance Code to read: Chapter 718-10 Wood Burning Appliances 718-10.202 Purpose.This ordinance is intended to limit and/or reduce particulate emissions caused by the use of wood burning appliances.(Ord. 2000-_-U§2.) 718-10.204 Scope. (a)Applicability. This ordinance applies in the unincorporated area to any person who plans to install a new wood burning appliance or replace an existing wood burning appliance except as set forth in(b)below; (b)Exemptions: 1. Gas fireplaces,except when converted to burn wood,such conversion shall constitute the installation of a wood burning appliance and shall be subject to the requirements of this chapter; 2. Wood burning appliances that are designed primarily for food preparation; and 3. Historic wood burning appliances as determined by the county building official and the director of the community development department. (Ord. 2000-35 § 2.) 718-10.206 Defini appliance designed to cause relatively complete combustion at lower than normal temperatures; (c) E.P.A": United States Environmental Protection Agency; (d) "E.P.A. certified wood heater": any wood heater that meets the standards in Title 40,Part 60, Subpart AAA,Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations; (e) "E.P.A. Phase H Limits": 7.5 grams particulate per hour for non-catalytic wood burning appliances or 4.1 grams particulate per hour for catalytic wood burning appliances; (f) "Fireplace": any permanently installed masonry or factory-built wood burning appliance, except a pellet-fueled wood heater,designed to be used with an air-to-fuel ratio greater than or equal to 35 to 1; (g) "Garbage": 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; (h) "Gras log fireplace": any device designed to burn natural gas having the appearance of a wooden log and used and vented inside a fireplace; (i) "Paints": all exterior and interior house and trim paints, enamels,varnishes, lacquers, stains,primers, sealers,undercoating,roof coatings, wood preservatives, shellacs, and other paints or paint-like products; - (j) "Paint solvents": all original solvents sold or used to thin paints or to clean up painting equipment; (k) "Pellet-fueled wood heater": 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 Il limits; (1) "Replacement of a wood burning appliance": removal and reinstallation of a firebox, a fire box liner,or of a fireplace,or additions,alterations or repairs to a wood burning appliance that requires opening up immediately-adjacent walls. It does not include replacement with a permanent gas log fireplace; (m) "Treated wood": wood of any species that has been chemically impregnated,painted or similarly modified to improve resistance to insects or weathering; ORDINANCE NO. 2000-35 2 (n) "'Waste petroleum products": 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; (o) "Wood burning appliance": a fireplace, wood heater, or pellet-fueled wood heater or any similar device burning wood or other non-gaseous or non-liquid fuel used for aesthetic or space-heating purposes. (Ord. 2400-.U_§ 2.) 718-10.208 General requirements. It shall be unlawful to install or replace any wood burning appliance, other than pellet fueled wood heaters,unless the wood burning appliance meets the applicable criteria below: (a)It has been certified by the EPA or the Northern Sonoma Air Pollution Control District; or (b)For a masonry fireplace, it has been certified by an EPA approved wood burning appliance testing laboratory and approved by the county building official; or (c)For any other wood burning appliance, it must meet the following standards: 1. Emit no more than 7.5 grams particulate matter per hour for a noncatalytic wood burning appliance or 4.1 grams particulate matter per hour for a catalytic wood burning appliance, or 2. Be certified by an EPA approved wood burning appliance testing laboratory and approved by the county building official. (Ord. 2000-3_1_§ 2.) 718-10.210 Prohibited Fuels. No person shall cause or allow the burning of any of the following materials in a wood burning appliance: a. garbage b. treated wood or wood composition products C. plastic products d. rubber products e. petroleum products, including tar or tar paper f. paints and paint solvents g. coal (Ord. 2000- 35 § 2.) 718-10.212 Compliance. Any person who plans to install a wood burning appliance must first submit to the county building inspection department documentation demonstrating that the appliance meets the criteria set forth in section 718-10.208. The department's satisfaction regarding compliance with this chapter shall be in writing as part of a building permit or other documentation related to the installation of the wood burning appliance. (Ord. 2000- 35 § 2.) 718-10.214 Enforcement. Any person violating any of the provisions of this ordinance shall be subject to civil or criminal prosecution as provided by this code. (Ord. 2000--. § 2.) ORDINANCE NO. 2000-35 3 SECTION III, EF _F. `ECTMDAIE, This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in theContra Costa 'Sime a newspaper published in this County. [§§25123 & 25124] PASSED on November 14, 2000 ,by the following vote: AYES: Supervisors Gioia, Uilkema, TSaulnier, Canciamilla and Gerber NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair .i.� [SEAL] 1H:9:U0ANN Mns\woodordfinat.wpd ORDINANCE NO. 2000-35 4 ORDINANCE NO. 2000-36 (Re-Zoning band in the Knightsen Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page F-28m,J-28m of the County's 1978 Zoning Map(Ord.No.78-93)is amended by re-zoning the land in the above area shown shaded on the map(s)attached hereto and incorporated herein(see also Community Development Department File No. RZ933011 ) FROM: LandUseDistnct A-2 ( General Agriculture ) TO: I.andUseDistrict A-4 _ ( Agricultural Preserve and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec.84.2.003. i AWSTRACT , A2 X. >Y �Y D Hy,UAND TRACT b�A`3 G� SECTION 11. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Ledger n;a=a t rh ,a newspaper published in this County. PASSEDon November 14, 2000 bythe following vote: Supervisor Aye No Absent Abstain 1. J.Gioia 00 ( ) ( ) ( ) 2. G.B Uilkema 00 ( ) ( ) ( ) 3. D. Gerber (X} ( ) ( } { } 4. M.DeSaulnier (X} ( ) ( ) ( ) 5.1 Canciamilla 00 { ) ( ) { ) ATTEST: Phil Batchelor,County Administra and Clerk ofthe Board ofSupervisors -�7�_ of the Board BY� YTQ i '� " �„ ,Dep. (SEAL) ORDINANCE NO. 2000-36 RZ933011-Ellis Stephens R