HomeMy WebLinkAbout2000-05-22 Ordinance 4639follows:
ORDINANCE NO. 4639
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING CHAPTER 9.06 TO TITLE 9 OF THE PALO ALTO
MUNICIPAL CODE TO PROHIBIT NEW CONSTRUCTION OR
REPLACEMENT OF WOOD BURNING FIREPLACES AND
APPLIANCES
The Council of the City of Palo Al to does ORDAIN as
SECTION 1. The City Council finds and declares as follows:
A. Wood smoke is a significant contributor to pollution
levels that pose significant health risks; and
B. The City of Palo Alto desires to lessen the risk to
life and property from air pollution from wood burning ~ppliances;
and
C. The City of Palo Alto finds that the ordinance will
significantly reduce the increase in particulate emissions from
future wood burning appliance installation and construction
activities.
SECTION 2. Chapter 9.06 of Title 9 of the Palo Alto
Municipal Code is hereby added as follows:
9.06.010 Definitions.
The following words and phrases whenever used in this
chapter shall be construed as defined in this section, unless the
context indicates otherwise.
(a) "Bay Area Air Quality Management District" means the
air quality agency for the San Francisco Bay Area pursuant to
California Health and Safety Code section 40200.
(b) "Fireplace" means 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
35 to 1.
(c) "Gas fireplace" means a fireplace or any other device
designed to burn natural gas in a manner that simulates the
appearance of a wood burning fireplace and does not burn anything
other than natural gas.
(d) "Newly-Built" means any building activity £or which a
building permit is required, including remodeling, additions,
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reconstruction or rehabilitation, which occurs on or after June 30,
2000.
(e) "Wood burning appliance" means fireplace, wood heater,
or pellet-fueled wood heater or any similar device burning any
solid fuel used for aesthetic or space-heating purposes. Wood
burning appliance does not include gas fireplaces or stoves used
exclusively for cooking food for human consumption.
9.06.020 Applicability.
This chapter shall apply to all wood burning appliances
that are:
(a) Installed on or after June 30, 2000 in Newly
Built or existing residential structures, commercial structures, or
other non-residential structures.
9.06.030 General Requirements.
It shall be unlawful to:
(a) Install a wood-burning appliance in a Newly Built
residential, commercial, or other non-residential structure.
9.06.040 Exemptions.
The following devices shall be exempt from this chapter:
(a) Gas fireplaces;
(b) a pellet-fueled wood heater;
(c) an EPA certified wood heater; or
(d) a fireplace certified by EPA should EPA develop
a fireplace certification program; or
(e) new fireplaces in Newly Built or existing
residential, commercial or other non-residential
structures that replace an existing, lawful
fireplace; or
(f) outdoor fireplaces.
9.06.050 Enforcement.
Any person violating any of the provisions of this chapter
shall be deemed guilty of an infraction. Violations of this chapter
shall also be deemed a public nuisance.
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SECTION 3. The City Council finds that this project is
exempt from the provisions of the Environmental Quality Act
("CEQA") because it can be seen with certainty that there is no
possibili ty that this proj ect will have a significant adverse
effect on the environment.
INTRODUCED: May 1, 2000
PASSED: May 22, 2000
AYES: BERN BEECHAM, JIM BURCH, SANDY EAKINS, NANCY LYTLE,
DENA MOSSAR, VICTOR OJAKIAN
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
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GARY FAZZINO, JUDY KLEINBERG, LIZ KNISS
3
APPROVED:
Ma~ r
c~
ning &
Community Environment
THIS DOCUMENT IS CERTIFIED TO BE AN
ORDINANCE DULV PASSED BYTHE COUNCIL
OF THE CITY OF PALO ALTO AND
THERE.AHER POSTED IN THE COUNCIL CHt\~;:'Jt:RS ON ~-,,;U-4{2 (WITHIN 15
DAYS Ol~ ITS PASSAGE)
"I certify (or dec!;::re) under penalty
of pmi:!!)' that the foregoinlJ Is true
mwccrroct." ~~ ~~$~ sAio dJ.tt: ~i~"