HomeMy WebLinkAbout2002-03-18 Ordinance 4739follows:
ORDINANCE NO. 4739
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING CHAPTER 9. 06 TO TITLE 9 OF THE
PALO ALTO
CONSTRUCTION
MUNICIPAL CODE
OR REPLACEMENT
RELATING
OF WOOD
FIREPLACES AND APPLIANCES
TO NEW
BURNING
The Council of the City of Palo Alto does ORDAIN as
SECTION 1. Findings and Declarations: The City Council
finds and declares that:
A. The City Council enacted Ordinance No. 4639 on
May 22, 2000, adding Chapter 9.06 to Title 9 of the Palo Alto
Municipal Code restricting the construction of wood burning
fireplaces and appliances. In enacting that ordinance the
Council determined that the public interest would be served by
significantly reducing the increase in particulate emissions
from future wood burning appliance installation and construction
activities.
B. Although Ordinance No. 4639 exempted woodburning
fireplaces which were certified by the U.S. Environmental
Protection Agency, that agency has not yet developed
certification standards or processes for these appliances.
Pending adoption by the EPA of certification standards and
processes, the Council elects to provide additional exemption to
woodburning fireplaces which are certified by an EPA-approved
laboratory as having low particulate emissions of 7.50 grams per
hour and are compliant with the standards and testing protocol
for such fireplaces developed by the Northern Sonoma County Air
Pollution Control District.
SECTION 2. Chapter 9.06 of Title 9 of the Palo Alto
Municipal Code is hereby amended to read 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
011213 cl 0044132 1
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
listed gas appliance as defined in the Uniform Mechanical Code
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 for
which a building permit is required, including remodeling,
additions, reconstruction or rehabilitation, which occurs on or
after June 30, 2000.
"Wood burning appliance" means fireplace, wood
pellet-fueled wood heater or any similar device
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.
(e)
or
any
heater,
burning
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 t commercial structures t
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 t commercial t or other non-residential structure.
9.06.040 Exemptions.
The following devices shall be exempt from this chapter:
(a) Gas fireplacesi
(b) a pellet-fueled wood heateri
(c) an EPA certified wood heater; or
(d) a fireplace certified by EPA or a fireplace
certified by an EPA-accredited laboratory as being compliant
wi th the Northern Sonoma County Air Pollution Control District
011213 cl 0044132 2
3r. Asst.
standards for fireplaces, using that district's testing protocol
for fireplaces; or
(e) new fireplaces in Newly Built or existing
residential, commercial or other non-residential structures that
replace lawful fireplaces which exist at the time when an
application is approved for construction of the new fireplaces;
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.
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
possibility that this project will have a significant adverse
effect on the environment.
SECTION 4. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: December 17, 2001
PASSED: March 18, 2002
AYES: BEECHAM, BURCH, FREEMAN,
MORTON, MOSSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
~~-~ City Clerk
011213 cl 0044132 3
KLEINBERG, KISHIMOTO,
...
-t~ (J~(
Mayor
Dir tor of Planning &
Community Environment
LYTLE,
.....