HomeMy WebLinkAboutOrd 1327-2003ORDINANCE NO. 1327-2003
AN ORDINANCE ADDING CHAPTER 15.30 (NEW
CONSTRUCTION OR REPLACEMENT OF WOODBURNING
APPLIANCES) TO TITLE 15 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE
WHEREAS, the State Air Resources Board (ARB) adopted a particulate matter (PM10)
Ambient Air Quality Standard (AAQS) in December 1982, and levels for the PM10 AAQS were
selected pursuant to the California Code of Regulations Title 17 Section 70200 to protect the
health of people who are sensitive to exposure to fine particles; and
WHEREAS, research indicates that woodsmoke is a significant contributor to PM10
levels that pose significant health risks; and
WHEREAS, the City Council of the City of South San Francisco desires to lessen the risk
to life and property from air pollution from woodburning appliances; and
WHEREAS, the City Council of the City of South San Francisco finds that the proposed
regulation will significantly reduce the increase in particulate emissions from future installation
and construction activities; and
WHEREAS, the City Council of the City of South San Francisco finds a need to adopt
regulations which apply to woodburning combustion emissions.
NOW THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
Section 1.
Chapter 15.30 Added. Chapter 15.30 is hereby added to Title 15 of the South San
Francisco Municipal Code as follows:
15.30.010 Applicability
This chapter shall apply within the limits of the City of South San Francisco.
All woodburning appliances installed in new commercial buildings or new
residential units or woodbuming appliances being added to or replacing
woodburning appliances in existing commercial buildings or residential units
shall comply with this ordinance. "Commercial buildings" include, but are not
limited to hotels and restaurants.
Gas fireplaces shall be exempt from this ordinance. However, the conversion of a
gas fireplace to burn wood shall constitute the installation of a woodburning
appliance and shall be subject to the requirements of this ordinance.
A woodburning appliance shall comply with this ordinance if (1) it is
reconstructed, (2) additions, alterations, or repairs are made to the appliance that
require opening up immediately adjacent walls, or (3) the residential unit or
commercial building in which the appliance is located is renovated, and the
renovation includes opening up walls immediately adjacent to the appliance.
15.30.020 Definitions
For purposes of this chapter, certain terms used herein are defined as follows:
a)
"Bay Area Air Quality Management District" means the air quality
agency for the San Francisco Bay Area as defined in California
Health and Safety Code section 40200.
b) "E.P.A." means the United States Environmental Protection
Agency.
c)
"E.P.A certified wood heater" means 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 as
labeled pursuant to those regulations.
d)
"Fireplace" means any permanently installed masonry or factory-
built woodbuming 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.
e)
"Garbage" means 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.
f) "Gas fireplace" means any device designed to burn natural gas in a
manner that simulates the appearance of a woodburning fireplace.
g)
"Paint(s)" means all exterior and interior house and trim paints,
enamels, varnishes, lacquers, stains, primers, sealers,
undercoatings, roof coatings, wood preservatives, shellacs, and
other paints or paint-like products.
h) "Paint solvent(s)" means all original solvents sold or used to thin
paints or to clean up painting equipment.
i) "Pellet-fueled wood heater" means any woodburning appliance
that operates exclusively on wood pellets.
j) "Solid fuel" means wood or any other non-gaseous or non-liquid
fuel.
k)
"Treated wood" means wood of any species that has been
chemically impregnated, painted or similarly modified to improve
resistance to insects or weathering.
1)
"Waste petroleum product(s)" means 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.
m)
"Woodbuming appliance" means fireplace, wood heater, or pellet-
fired wood heater or any similar device burning any solid fuel used
for aesthetic or space heating purposes.
15.30.030 General Requirements
It shall be unlawful to:
a)
Install a woodburning appliance that is not one of the following:
(1) a pellet-fueled wood heater, (2) an EPA certified wood heater,
or (3) a fireplace certified by EPA should EPA develop a fireplace
certification program.
b) Use any of the following prohibited fuels in a woodburning
appliance:
(1) Garbage
(2) Treated wood
(3) Plastic Products
(4) Rubber products
(5) Waste petroleum products
(6) Paints
(7) Paint solvents
(8) Coal
(9) Glossy or colored papers
(10) Particle board
(11) Salt water driftwood
Section 2.
Section 3.
Section 4.
15.30.040 Enforcement
Any person who plans to install a woodburning appliance must submit
documentation to the City of South San Francisco Building Division
demonstrating that the appliance is a pellet-fueled wood heater, an EPA certified
wood heater, or a fireplace certified by EPA should EPA develop a fireplace
certification program. Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be
punishable as provided by law.
Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of this ordinance, including
the application of such part or provision to other persons or circumstances shall
not be affected thereby and shall continue in full force and effect. To this end,
provisions of this ordinance are severable. The City Council of the City of South
San Francisco hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact
that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Effective Date. In accordance with California Government Code Section 36937,
this ordinance shall take effect and be in force on the thirty-first day after
adoption.
Publication. Within fifteen days after the passage of this ordinance the City Clerk
shall cause this ordinance or a summary thereof to be published once, with the
names of those City Councilmembers voting for or against it, in the San Mateo
Times, a newspaper of general circulation in the City of South San Francisco, as
required by law.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 9th day of July 2003.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 23rd day of July 2003, by the following vote:
AYES:
NOES:
Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Raymond L.
Green, Mayor Pro Tem Karyl Matsumoto and Mayor Pedro Gonzalez
None.
ABSTAIN: None.
ABSENT: None.
C~ty Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 23rd day of July 2003. ~.~~ M~avor~,~%,