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Home My WebLink AboutMINUTES - 04201999 - C132 TO: Board of Supervisors :� Contra FROM: Dennis M. Barry, AICP tea' Costa Community Development Director gin. . County DATE: April 20, 1999 SUBJECT: MODEL ORDINANCE PERTAINING TO THE REDUCTION OF AIR POLLUTION BY REGULATING THE NEW CONSTRUCTION OR REPLACEMENT OF VVOODBURNING APPLIANCES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Defer to the Internal Operations Committee (IOC) the request from the Bay Area Air Quality Management District (BAAQMD) [Attachment A] to consider adoption of a Model Ordinance Pertaining to the Reduction of Air Pollution by Regulating the New Construction or Replacement of Woodburning Appliances. FISCAL IMPACT None for IOC referral. BACKGROUND/REASONS FOR REQOMMENDATIONS The County has received a request from the BAAQMD to consider adoption of a Model Ordinance Pertaining to the Reduction of Air Pollution by Regulating the New Construction or Replacement of Woodburning Appliances. The Model Ordinance is included as Attachment B. The Committee may study the proposed Ordinance with the assistance of the Building Inspection and Community Development Departments in order to formulate a recommendation to the Beard of Supervisors regarding possible introduction and adoption of an ordinance on this subject. CONTINUED ON ATTACHMENT: YES SIGNATURE ACTION OF BOARD ON April 20, 1999 APPROVED AS RECOMMENDED XX OTHE VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND x�L UNANIMOUS (ABSENT - - - - _ CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: ) SUPERVISORS ON THE DATE SHOWN. Contact: Dennis Barry (925 / 335-1276) ATTESTED April 20,_1999 cc: County Administrator PHIL BATCHELOR, CLERK OF THE County Counsel BOARD OF SUPERVISORS AND Community Development Department (CDD) COUNTY ADMINISTRATOR Building Inspection Director BAAQMD (via CDD) BY , DEPUTY DMB:gms dmb2\bra\WoodSmok.Ord Fact Shut —Woodsmoke Model Ordinance What is the model ordinance? The model ordinance was developed by the Bay Area Air Quality Management District (BAAQMD) as a recommended ordinance for cities and counties that have woodsmoke problems and wish to regulate the installation of new woodburning stoves and fireplaces. Why did the BAAQ_'VID develop the model ordinance? Burning of wood is a significant source of fine particulate pollution. Fine particles are those with a diameter of 2.5 microns or less (about 1/20th the diameter of human hair). In the Bay Area, this pollution,known as PM,,,, is primarily a problem in the winter months,particularly on cold, clear nights. Studies of U.S. cities show that areas with higher particulate pollution have higher death rates. Other studies for many areas, including Santa Clara County, show that when particulate pollution is higher, deaths increase and hospital admissions and emergency room visits related to respiratory illness also increase. In 1997, the mounting scientific evidence of a link between particulate pollution and increased mortality and other health risks prompted the U.S. Environmental Protection Agency to adopt a national PM,., air quality standard. Beginning in 2004 or 2005,those localities with PM2., levels above the standard will have to take steps to reduce PM,., emissions. It is not yet known whether the Bay Area will achieve the new health standard,but several studies show that higher death rates and other health effects persist even at PM2.s levels below the national standard. Why regulate woodburning? woodsmoke is the largest single source of PM2.,pollution in the Bay Area. On an average winter day, about 40%of Bay Area PM2.s pollution comes from woodsmoke. At locations in the South Bay and North Bay, the woodsmoke contribution is over 50% on an average winter day. How would the model ordinance work? If adopted by a Bay Area locality,the model ordinance would prohibit the installation of a woodburning device unless it is a pellet stove or an EPA-certified woodstove. Natural gas fireplaces and inserts are not affected by the ordinance, and the BAAQMD encourages their installation as the clean alternative to woodburning stoves or fireplaces. Traditional woodburning masonry fireplaces and factory-built fireplaces,which have much higher PM,.,emission rates than pellet stoves and certified woodstoves,would not be allowed. These restrictions are easily enforced through the local building permit process, since the installation of a stove or fireplace already requires a permit. The model ordinance also includes two optional provisions that would require an enforcement mechanism other than the local building department. One is a restriction on Say Area Air Quality Management Oistrict woodburning when the BAAQMD calls a Spare the Air Tonight alert. Under this voluntary program, the BAAQMD asps Bay Area residents to refrain from burning wood on nights when particulate levels are expected to exceed the health-based standards. Adoption of this provision of the model ordinance by a community would make these voluntary restrictions mandatory in that community. The BAAQMD's current voluntary program may be changed in the future to include mandatory restrictions,but such a change would require adoption of a regulation by the District's Board of Directors. A second optional provision prohibits the burning of certain fuels, such as garbage and plastics. What devices would be legal to install? In a community adopting the ordinance, any fireplace or fireplace insert that burns natural gas would be permitted;many models are available from hearth product dealers. In addition,pellet stoves and EPA-certified wood stoves would be permitted. Although open masonry and factory-built woodburning fireplaces would not be permitted,EPA- certified woodburning inserts (often called"EPA fireplaces")would comply with the ordinance. Would the ordinance affect existing fireplaces and stoves? No. The ordinance applies to new installations. However, it would apply to the conversion of an existing gas-burning fireplace to burn wood. Such a conversion would be treated as a new installation under the ordinance. Would the ordinance impose any costs on consumers? The ordinance would impose minimal costs since it applies only to new installations. Builders would probably install natural gas fireplaces and would pass on the minor costs of additional gas plumbing to new home buyers. What other areas have restrictions like these? Petaluma has had an ordinance like the model ordinance since 1992. Los Gatos imposes similar restrictions. Outside the Bay Area,many areas of California—including Placer County, Shasta County, and most of the counties in the Central Valley—prohibit the installation of any woodstove not certified by EPA(BPA only prohibits jak of non- certified woodstoves). In at least two areas—San Luis Obispo County and northern Sonoma County—installation of conventional fireplaces is also prohibited. Outside California, localities in Arizona,Nevada, Oregon, and Washington impose various restrictions. Where can i get more information about the model ordinance? Contact the BAAQMD public information office at (415) 749-4900. Fact Sheet Comparing Particulate Matter (PM) Emissions From Fireplaces, Woodstoves, and Gas-Burning Fireplaces To compare particulate emissions from fireplaces,woodstoves,and gas-burning fireplaces, it is important to know how they are typically used in the Bay Area. Very few homes in the Bay Area rely solely on wood as a heating fuel. According to the 1990 census, 41,696 Bay Area units, or less than 2%of all units,rely on wood for heat. However, given an estimated 300,000 woodstoves in the Bay Area,most woodstove use in the Bay Area is for recreation and auxiliary heating. Though the District has no survey data on this point, it is reasonable to assume that typical woodstove use is heating a living area for an evening starting at 5:00 p.m. and ending at midnight. Conventional fireplaces are not heaters, and, in most cases, actually rob heat from a house. They are generally used for aesthetic and recreational purposes. There are an estimated 1 million to 1.5 million fireplaces in the Bay Area. Although there is also no survey data specifically for Bay Area fireplace use, surveys elsewhere indicate that the typical fireplace fire lasts for 4 hours. Based on the above assumptions, the table below compares emissions from fireplaces, woodstoves,pellet heaters, and gas burning fireplaces in typical Bay Area use. Avg. PM PM Emissions Device Emission Rate Length of Use in Typical (+gram /hr). Evening of Vse Wood-burning 50 4 hours 200 grazes fireplace Conventional 30 7 hours i 210 grains woodstove Certified 7.5 7 hours 53 grams woodstove Pellet 1 7 hours 7 grams heater Gas 0.07 7 hours 0.5 grams fireplace North American Studies on the :health Effects of Woodsmoke Note These abstracts were prepared by the Air Quality Research Group at the University of New England(LINE)in New South Wales, Australia. Only North American studies are included here. For additional studies related to woodsmoke health effects in other nations, see the UNE web page at http:plash.une.edu.aul drobinsolaagg.html Indoor Air Quality Table 1,Studies of symptoms associated with households using wood heat. Reference Findings Honicky et Moderate and severe respiratory symptoms were significantly greater(P<001)in 34 children,aged 1-7 years al., 1985 in houses with woodstoves than in 34 children houses without.Conclusion:"Present findings suggest that indoor heating with wood-burning stoves may be a significant etiologic factor in the occurrence of symptoms of respiratory illness in young children."Michigan,US. Butterfield, Significant correlation(P<.O 1),between woodstove use and frequency of wheeze,severity of wheeze, et al., 1989 frequency of cough and waking up at night with cough,based on 59 subjects aged I to 5.5 years. Lipsett et Presence of woodstove or fireplace in the home was associated with shortness of breath in females and both al., 1991 shortness of breath and moderate or severe cough in males(p<0.01 for all cases). 182 asthmatics living in .Denver,Colorado. Betchley et Forest firefighters had significant declines in lung function(FEV(1)).Average declines,pre-shift to mid-shift of al., 1997 0.089 L,0.194 L,and 0.439 Llsec in TVC,FEV(l)and FEF(25-75).The use of wood for indoor heat also was associated with the declines in FEV(1). Morris et 58 Navajo children under 2 years with diagnosed pneumonia or bronchiolitis were compared with matched al., 1990 control children.Use of a wood burning stove was associated with a 4 times higher risk of lower respiratory tract infection(P<001), Robin et al., Matched pair analysis revealed an increased risk of Acute Lower Respiratory Infection(ALRI)for children 1996 ,living in households that cooked with any wood(odds ratio 5.0;95%confidence interval 0.6 to 42.8.Cooking with wood-burning stoves was associated with higher indoor air concentrations of respirable particles and with an increased risk ofALRI in Navajo children. Studied 45 children under 2 years. Tuthill, Risk of respiratory symptoms increased by 10%,but this was not statistically significant. Study of children aged 1984. 5-11,258 with woodstoves, 141 without.Exposure to formaldehyde from any source,including wood burning, significantly increased risk. Daigler et A comparison of patients in New York with physician-diagnosed otitis media(n= 125,74%response),and al., 1991 +controls(n o 237,72%response)showed exposure to a woodburning stove was significantly associated(P<.05 i with increased otitis(an inflammation of the middle ear marked by pain,fever,dizziness,and abnormalities of i hearing.) Hogg, 1997 The author comments on the case report by Dr.David T.3anigan and colleagues of classic bronchiolitis obliterans in a man who used a wood burning stove to dispose of construction materials in Canada. l Say Area Ai^Quality Management District Dean et al., Case of methemoglobinemia,sudden onset of cyanosis,irritability,metabolic acidosis,and a lethal 1992 methemoglobin level of 71.4%in a 10 week old infant.Family history revealed a wood-burning stove which emitted pine tar fumes as the potential environmental methemoglobin-producing source,The infant's cradle was situated five feet from the stove.The baby was treated and recovered. Ramage et Case study of 61-yr-old woman suffering shortness of breath on exertion and interstitial lung disease. al., 1996 Bronchoalveolar lavage revealed numerous carbonaceous particulates and fibers,as well as cellular and immunoglobulin abnormalities.inflammation and fibrosis were found surrounding them on open biopsy.The P particle source was traced to a malfunctioning wood-burning heater in the patient's home. van Houdt The use of wood stoves caused an increase of indoor mutagenicity in 8 out of 12 homes." et al., 1986 Boone et "Woodsmoke prove to be a major source of indirect gonotoxins in homes.The increase is probably due to al., 1989 higher concentrations of polycyclic aromatic hydrocarbons in the wood smoke aerosol ..."USA. Alfheim et "Whereas wood heating in an "airtight"stove was found to cause only minor changes in the concentration of al, 1984 PAH and no measurable increase of mutagenic activity of the indoor air, both these parameters increased considerably when wood was burned in an open fireplace,yielding PAH concentrations comparable to those of ambient urban air. Woodburning in the closed stove did, however,result in increased concentrations of i mutagenic compounds and PAH on particles sampled in the vicinity of the house." Ambient Air (duality Table 2.Studies relating outdoor concentrations of woodsmoke to adverse health effects in the whole population. Reference Findings Schwartz, 'Significant association between visits to 8 hospital emergency departments in Seattle for asthma and PM 10 1993 pollution.in 1993,wood burning was found to be the dominant source ofPM10 pollution in Seattle in all seasons of the year,ranging from 60%in summer to 90%in winter. Koenig et Significant association in Seattle(where the majority of particulate air pollution originates from woodsmoke) al., 1993 between outdoor fine particle pollution and decreased lung function(measured by spirometry)in asthmatic children aged 8-11. E Heumann et Children with the highest exposure to wood smoke had a significant decrease in lung function,measured by al., 1991 FFV I and FVC.410 children aged 8-11 in Klamath Falls,Oregon. Johnson, Particle pollution from woodsmoke in the air was associated with significant decreases in lung function in � 1990 children aged 8-11.495 subjects in Montana. Browning, No statistically significant differences,but a pattern of increased symptoms and chronic illness in children aged et al., 1990 1-5 in the area with high wood smoke. Lipsett et Conclusion from abstract:"These results demonstrate an association between ambient wintertime PM 10 and al., 1997 exacerbations of asthma in an area where one of the principal sources of PM 10 is Residential Wood Combustion."Santa Clara County,California. ! 2 Bay Area Air Quality Management District Betchley,et TForest firefighters had significant declines in lung function(FEV(I)).Average declines,pre-shift to mid-shift of al., 1997 0.089 L,0.190 L,and 0.439 L/sec in TVC,FEV(I)and FEF(25-75).).The use of wood for indoor heat also was associated with the declines in FEV(I). Lewtas et Mutagenicity testing of air containing smoke emitted from woodheaters in.Boise,Idaho,US,using the Ames al., 1991 test on salmonella and tumor initiation assays in mice found that woodsmoke was 12 times more carcinogenic a than an equal concentration of cigarette smoke. Larson& `"We conclude that the preponderance of the data suggest a causal relationship between elevated wood smoke Koenig, levels and adverse respiratory health outcomes in young children." 1994. Laboratory evidence Table 3.Laboratory studies of physiological responses to woodsmoke. Reference Findings Stone, 1995 Mice were exposed for 6 hours to wood smoke,emissions from an oil furnace or no pollution(control)and then . an aerosol of the bacterium Streptococcus zooepidemicus,which causes severe respiratory infections.After 2 i weeks,5%of the mice in the control group exposed to air and bacteria had died,along with a similar E percentage of the mice breathing the oil fumes.But 21%of the wood-smoked mice were felled. Stone, 1995 Rats were exposed to no pollution or 804 ug/m3 wood smoke for I hour,then to golden staph bacteria.The bacteria were more virulent in animals which breathed the woodsmoke.This was attributed to a suppression in i activity of the rats macrophages,immune cells that roam the body,looking to engulf and destroy foreign particles. Kou et al., "These results suggest that an increase in CAH.burden following smoke inhalation is actively involved in 1997 evoking the acute irritant effects of wood smoke on breathing in rats." Rao et al., Metabolites of woodsmoke condensate accumulate in cultured rat eye lenses,compromising ability to 1995 accumulate rubidium-86(mimic of K)and choline. Says may explain implication of smoke in cataract. €Lal et al., Rats exposed to woodsmoke suffered"bronchiolitis,hyperplasia and hypertrophy of bronchiolar epithelial 1993 lining cells,some necrosed lining cells desquamated into lumens,congestion of parenchymatous blood vessels, oedema,hyperplasia of lymphoid follicles,peribronchiolar and perivascular infiltration of polymorphonuclear cells,and mild emphysema"Conditioned worsened with accumulated exposure."The results indicate progressive pathomorphological pulmonary lesions with subsequent exposure to wood smoke in controlled conditions. E Churg et Autopsies were carried out of lung tissue from 10 never-smoking long-term residents of Vancouver.Retained i al., 1997. particles in human lung parenchyma were counted,sized,and identified by analytical electron microscopy.96% of particles had aerodynamic diameter less than 2.5mierons. Godleski et Rats with bronchitis were exposed for 6 hours per day to 272ug/m3 PM2.5.37%of rats exposed to particles al., 1996 died,compared to none exposed to filtered air. i i 3 Bay Area Air Quality Management District Bibliography Alfheim 1,Ramdahi T,Contribution of wood combustion to indoor air pollution as measured by mutagenicity in Salmonella and polycyclic aromatic hydrocarbon concentration,Environ. Mutagen 1984;6(2):121-134 Betchley C.,Koenig J.Q.,Vanbelle G,Checkoway H.,Reinhardt T.,Pulmonary Function and Respiratory Symptoms in Forest Firefighters,American Journal of'Industrial Medicine,31(5):503-549, 1997 May Butterfield,P,LaCava,G.Edumunston E,Penner,J. 1989.Woodstoves and indoor air:the effects on preschooler's upper respiratory symptoms.J.Environ. Health 52:172-73.(L&K,Ref 14) Boone PM,Rossman TG,Daisey JM.The genotoxic contribution of wood smoke to indoor respirable suspended particles.Environment International 1989 15:361-368. Browning KG,Koenig JQ,Checkoway H,Larson,TV,Peirson WE.,A questionnaire study of respiratory health in areas of high and low ambient wood smoke pollution,Pediatr.Asthma All.Immunol. 4:183-91, 1990 Churg A.,Brauer M.,Human Lung Parenchyma Retains PM2.5,American Journal of Respiratory& Critical Care Medicine, 155(6):2149-2111, 1997 June. Daigler G.E,Markello S.J,Cummings K.M,The effect of indoor air pollutants on otitis media and asthma in children,Laryngoscope 1991 Mar;10 1(3):293-296 Department of Pediatrics,State University of New York, Buffalo. Dean BS,Lopez G,Krenzelok EP,Environmentally-induced methemoglobinemia in an infant,J Toxicol Ciin Toxicol 1992;34(1):127-133 Pittsburgh Poison Center,Children's Hospital of Pittsburgh,Pennsylvania 15213-2583. Godleski J.,Sioutas C.,Katler M.,Koutrakis P.,Death from inhalation of concentrated ambient air particles in animal models of pulmonary disease,Proceedings of the Second Colloquium on Particulate Air Pollution and Human Health, Utah, 1996 May Heumann M.,Foster L.R.,Johnson L,Kelly L.,Woodsmoke Air Pollution and Changes in,Pulmonary Function Among Elementary School Children,Air do Waste Management Association 84th Annual Meeting do.Exhibition, Vancouver,British Columbia, 1991 June. Hogg J.C,Bronchiolitis obliterans and wood-burning stoves,Canadian Medical Association Journal,1997 Apr 15;156(8):1147-1148 Editorial,Comments on:Can Med Assoc J 1997 Apr 15;156(8):1171-3 Honicky RE,Osborne JS 3d,Akpom CA,Symptoms of respiratory illness in young children and the use of wood-burning stoves for indoor heating,Pediatrics 1985 Mar;75(3):587-593 Johnson KG,Gideon RA,Loftsgaarden DO,Montana air pollution study:children's health.effects.J Official Stat.5:391-447, 1990. Koenig J.Q,Larson T.V,Hanley Q.S.,Rebolledo V,Dumler K,Checkoway H,Wang S.Z,Lin D,Pierson W.E, Pulmonary function changes in children associated with fine particulate matter,Environ Res 1993 Oct;63(l):26-38,Department of Environmental Health,University of Washington,Seattle 98195. Kou Y.R.,Lai C.J.,Hsu T.H.,Lin Y.S,Involvement of Hydroxyl Radical in the Immediate Ventilatory Responses to Inhaled Wood Smoke in Rats,Respiration Physiology, 147(1):1-13, 1997 Jan. Lal K,Dutta KK., Vachhrajani KD,Gupta GS,Srivastava AK,Histomorphological changes in lung of rats 4 Say Area Air Quality Management District e following exposure to wood smoke,Indian JExp Bial, 1993 Sep;31(9):761-764 Larson T.V.,Koenig J.Q.,Wood Smoke-Emissions and NonCancer Respiratory Effects,[Review),Annual Review of Public Health, 15:133-156, 1994. Lewtas J.,Zweidinger R.B.,Cupitt L.,Mutagenicity,Tumorigenicity and Estimation of Cancer Risk from Ambient Aerosol and Source Emissions from Woodsmoke and Motor Vehicles,Air and Waste Management Association 8411 Annual Meeting civ Exhibition,Vancouver,British Columbia, 1991 June. Lipsett M,Ostro B,Mann J,Wiener M, Seiner J. 1991.Effects of exposures to indoor combustion sources on asthmatic symptoms.Proc 84"Annu, Meet,Air Waste Management Association,Vancouver,BC. Lipsett M.,Hurley S.,Ostro B.,Air Pollution and Emergency Room Visits for Asthma in Santa Clara County, California, Environmental Health Perspectives, 105(2):216-222, 1997 Feb. Morris K,Morgenlander M,Coulehan J.L,Gahagen S,Arena V.C,Wood-burning stoves and lower respiratory tract infection in American Indian children,Am JDis Child 1990 Jan;144(1):105-108 Ramage JE Jr.,Roggli VL,Bell DY,Piantadosi CA.Interstitial lung disease and domestic wood burning.Am Rev Respir I3is 1988 May;137(5):1229-1232.Department of Medicine,Duke University Medical Center,Durham, NC 27710. Rao,C M,Qin,C,Robison,WG,Zigler,JS.Effect of smoke condensate on the physiological integrity and morphology of organ cultured rat lenses.Current Eye Research, 14:295-301, 1995. Robin L.F.,Lees P.S.J.,Winget M.,Steinhoff M.,Moulton L.H.,Santosham M.,Correa A.,Wood-Burning Stoves and Lower Respiratory Illnesses in Navajo Children,Pediatric Infectious Disease Journal, 15(10):859-865, 1996 Oct. Stone R.Environmental toxicants under scrutiny at Baltimore meeting.(March 1995 Society of Toxicology conference)Science,March 24, 1995 v267 n5205 p 1770(2) Schwartz J, Slater D,Larson T.V,Pierson W.E,.Koenig J.Q.,Particulate air pollution and hospital emergency room visits for asthma in Seattle,Am Rev Respir'Dis 1993 Apr;147(4):826-831 Tuthill RW. 1984.Woodstoves,formaldehyde and respiratory diseases.Am.J. Emidemiol. 120:952-55. van Houdt JJ,Daenen CM,BoleiJ JS,Alink GM,Contribution of wood stoves and fire places to mutagenic activity of airborne particulate matter inside homes,Mutat Res 1986 Aug;171(2-3):91-98 5 Bay Area Air Guslity Management District G Attachment B i W A MODEL ORDINANCE PERTAINING 2 TO THE REDUCTION OF AIR POLLUTION BY REGULATING THE NEW CONSTRUCTION OR REPLACEMENT OF WOODEUILNING APPLIANCES 3 3 3 4 1 3 BE IT ORDAIN-ED BY the City or County of , 7 co s 1 WHEREAS, the State Air Resources Board(ARB) adopted a particulate matter(PM 10)Ambient s Air Quality Standard(AAQS)in December, 1982, and levels for the PM 10 AAQS were selected 3 I 10 pursuant to California Code of Regulations Title 17 Section 70200 to protect the health of people 11 I who are sensitive to exposure to fine particles; and 12 E 13 WMREAS,research indicates that woodsmoke is a significant contributor to PM 10 levels that I4 pose significant health risks; and E 1S 16 WHEREAS, the [ ] desires to lessen the risk to life and property from air 17. pollution from woodburning appliances; and 1s 19 WHEREAS,the [ finds that the proposed regulation will significantly reduce 20 the increase in particulate emissions from future installation and construction activities; and, 21 22 WHEREAS, the [ j finds a need exists to adopt regulations which apply to 23 woodburning combustion emissions; and 24 27, The i Code shall be amended by adding the following: 26 Bay Area Air 0 iity Management District i � ,QPPLICABILIT This ordinance shall apply within the limits of the (city,county] of 2 [ J as specified herein. 3 f f 4 All wood burning appliances installed in new residential units or woodburning appliances being f s added to or replacing woodburning appliances in existing residential units shall comply with this 6 ordinance. � I 8 i All woodburning appliances installed in new commercial buildings or woodburning appliances 9 being added to or replacing woodburning appliance in existing commercial buildings shall comply zo with this ordinance. Commercial buildings shall include,but not be limited to,hotels and restaurants. 12 1.3 Gas fireplaces shall be exempt from this ordinance. However,the conversion of gas fireplace to 14 burn wood shall constitute the installation of a woodburning appliance and shall be subject to the as requirements of this ordinance. iI I I b r A woodburning appliance shall comply with this ordinance if(1)it is reconstructed, (2) additions, z 18 alterations, or repairs are made to the appliance that require opening up immediately-adjacent f i9 walls, or(3)the residential unit or commercial building in which the appliance is located is I 20 renovated, and the renovation includes opening up walls immediately adjacent to the appliance. zi 22 DEF IONI I 23 3 i 1. "Bay Area Air Quality Management District"means the air quality agency for the San 24 Francisco Bay Area pursuant to California Health and Safety Code Section 40200. z s 2. "E.P.A."means United States Environmental Protection Agency. I 25 3. "E.P.A. certified wood heater"means any wood heater that meets the standards in Title 40, 4 3, Bay Area AirTI ality Management Ditstrict 2 9 € Part 60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and z is certified and labeled pursuant to those regulations. 3 4. "Fireplace"means any permanently installed masonry or factory-built woodburning 4 ! appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio s greater than or equal to 35 to 1. j i 6 5. "Garbage means all solid, semi-solid and liquid wastes generated from residential, ! 7 Commercial and industrial sources, including trash,refuse,rubbish, industrial wastes, s asphaltic products, manure, vegetable or animal solids and semi-solid wastes, and other 9 discarded solid and semi-solid wastes. io 6. "Gas fireplace"means any device designed to burn natural gas in a manner that simulates x, the appearance of a woodburning fireplace. 12 7. "Paints"means all exterior and interior house and trim paints, enamels, varnishes, lacquers, is i stains,printers, sealers,undercoatings,roof coatings, wood preservatives, shellacs, and �E 1 14 1 other paints or paint-like products. j �s 8. "Paints solvents"means all original solvents sold or used to thin paints or to clean up f 16 € painting equipment. 17 9. "Pellet-fueled wood heater"means any woodburning appliance that operates exclusively is on wood pellets. 1.9 10. "Solid fuel"means wood or any other non-gaseous or non-liquid fuel. 20 11. "Treated wood"means wood of any species that has been chemically impregnated, painted 21 or similarly modified to improve resistance to insects or weathering. 22 12. "Waste petroleum products"means any petroleum product other than gaseous fuels that 23 has been refined from crude oil, and has been used, and as a result of use,has been ,2a contaminated with physical or chemical impurities. 25 13. "Woodburning appliance"means fireplace, wood heater, or pellet-fired wood heater or any € 26 i similar device burning any solid fuel used for aesthetic or space-heating purposes. f € Bay Area Air Q iity Management District PP ii i 1 � z i C_tEhMRAL RFOLTI"REMENTS: It shall be unlawful to: I 3 11. Use any woodburning appliance when the Bay Area Air Quality Management District 4 issues a"Spare the Air Tonight"warning and when an alternate approved heat source is S available. 1 6 2. Install a woodburning appliance that is not one of the following: (1) a pellet-fueled woad 7 j heater, (2) an BPA certified wood heater, or, (3) a fireplace certified by EPA should EPA E 6 ( develop a fireplace certification program. s 3. Use any of the following prohibited fuels in a woodburning appliance. 10 a) Garbage g) Paint solvents I b) Treated wood h) Coal 3 12 c) Plastic products I) Glossy or colored papers .3 d) Rubber products j) Particle board 14 e) Waste petroleum products k) Salt water driftwood is f) Paints 16 17 ENFORCEMENT: Any person who plans to install a woodburning appliance must submit is documentation to the [building department of city or county] demonstrating that the appliance is a 19 pellet-fueled wood heater, an EPA certified woad heater, or a fireplace certified by EPA should 20 EPA develop a fireplace certification program. i 1 Any person violating any of the provisions of this Ordinance shall be deemed guilty of a if 22 misdemeanor and upon conviction shall be punishable as provided by law. 23 i 24 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any as reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not 26 affect the validity of the remaining portions of this ordinance. The [ of I Bay Area Air t iity Management District E 4 i the [ ] hereby declares that it would have passed and adopted this 2 ordinance and all provisions thereof irrespective of the fact that any one or more of said provision i i 3 be declared unconstitutional. 4 z s INTRODUCED and ordered Posted/Published this day of € 7 i ADOPTED this [ day of ,by the following vote: e AYES: s NOES: s� 1 10 ABSENT: 3 11 ABSTAIN: € 12 13 a 14 1s ATTEST: APPROVED AS TO FORM: 16 E 17 1s E E 19 ! p:Agenerahboardtnem\modord E 20 € I 21 € 22 € 23 € 24 e I 25 I 25 i Bay Area Air 0ality Management District 11 j s