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
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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