6/25/02
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Mon Jun 03 2002 To: Michael From: Jim Buckley Subject: Matrix Et.al, I just copied you a response to Menlo Park customer, Jim Hill. It's typical of messages I get once or twice a week and I suspect are just the tip of the iceberg. This is why I want/need the matrix to be on line and up to date. I don't care so much if it's perfectly accurate (somebody will tell us if it isn't) but I need to know the facts to answer such inquiries. More to the point, our dealers, masons, architects and builders could be giving the Jim Hills the same advice as I did if the basic information was available. I still haven't heard back from you, Michael, about what you meant by eliminating some columns a few weeks ago, so I have put the matrix up "as is" at http://www.californiahearthsandhomes.org/matrix.html I hope you will tell me about any corrections or additions I should make. By the way, my best shot at a pithy letter or flyer is the "News" at http://www.californiahearthsandhomes.org/news.html where I think I get the issues framed, provide useful information and at least hint at what we might ask our supporters to do. I'll certainly look at the flyers and position papers I get from any of you but I wish you'd critique and improve the "News" as well.
Best,
Hello, Jim. I just spoke with Mike Zanetell, a good friend and general contractor in S. Lake Tahoe, who built our house and quite a few others at Fallen Leaf Lake. Several of those houses, including his own which is now under construction, have Rumford fireplaces. He put me on to the Rumford web site, so here I am with a question. We hope to begin construction of a new house in Menlo Park, CA and just learned that the City has adopted a new ordnance banning wood-burning fireplaces. We gather that a fireplace with a catalytic converter, such as the "Fireplace Xtrordinaire" which we have in our Fallen Leaf place, will probably still be permissable. That is nice and we like the product from a functional standpoint. HOWEVER, the Rumford would be much more acceptable from an esthetic standpoint and that is why I called Mike this morning. I am not optimistic about the chances of the City accepting your fireplace, but since the infamous Tahoe Regional Planning Agency has permitted them, at least in some instances, Mike seems to think that this fact could help persuade Menlo Park to accept the Rumford. My thought is to call the City tomorrow and get a copy of the ordnance, read it, and probably send it to you for your reaction. Do you have a fax number for me to use, since my scanner is not working at present? Please get back to me with any thoughts you have about how I should proceed and whether you might be able to help by contacting the City. I look forward to hearing from you and I assure you that both our architect (Wagstaff of Linsteadt of Mill Valley, CA) and we will do whatever we can to get the Rumford fireplace approved for Menlo Park. Sincerely....Jim Hill
To: jandrhill@prodigy.net From: Jim Buckley Subject: Re: New ordnance in Menlo Park, CA Jim, As far as I know, Menlo Park adopted the Bay Area Model Ordinance intact last February. They did not exempt masonry fireplaces as we had urged them to nor did they provide any way to meet the standard, which in the Model Ordinance is to pass a non-existent EPA standard. Correction from Michael: Close, but no cigar. Menlo Park agreed to the exemption for masonry, but couldn't interrupt their legislative "process" to craft the language, so promised to do so in "clean-up" language. This is not unusual for them, according to their City Attorney. The "clean-up" for all of the year's ordinances is accomplished with one piece of business at the end of the year. Sounds odd, but...The "we" here is the California Hearths and Homes (CHH), a group of people interested in fighting the Bay Area fireplace bans. We have a website at http://www.californiahearthsandhomes.org My recommendations are: 1) Apply for a permit to build the wood-burning Rumford fireplace and submit the test data we have from an EPA certified lab which shows that the Rumfords passed "equivalent" emission standards accepted in Washington and other jurisdictions. We have a cover letter and the test results on line at http://www.rumford.com/testRumfordresults.html We have a pretty good track record of acceptance, using this approach, at the plans examiner level, regardless of what the city or county intended with their ordinance. 2) If the application to build a wood-burning Rumford is not approved by the plans examiner, tell them you plan to appeal the decision, but in the meanwhile, get your fireplace permit based on your back-up plan of installing a gas log set, so the appeal doesn't hold up your building permit. I know from experience that appealing code decisions can be done in a friendly way that will not ruin your relationship with the building official, yet at the same time your stated intention to appeal often results in a re-consideration because the official and his department really don't want to take a day to prepare for and hear your appeal. Going for the gas log option is not a bad option. We have very good-looking gas log sets on line at http://www.rumford.com/store/gaslogs.html and, if our appeal is successful, you won't have to buy them when the time comes. By code you have to build the same wood-burning Rumford whether or not you install gas logs. 3) I will personally help with the appeal. Those of us in the CHH fighting the Bay Area fireplaces bans would like to test the waters with a couple of precedent-setting cases. Thanks for keeping me informed. Let me know how I can help.
Best,
Sat Jun 15 2002 To: "Anna LaCorte" From: Jim Buckley Subject: Re: fireplaces
I was wondering if you could help us. We live in the city of San Jose, California and we are in the process of remodeling our kitchen and family room. We would like to replace our existing wood burning fireplace with another wood burning fireplace, but they tell us that the current law says that the new fireplaces have to be EPA certified and that the only one this one company knew about was a heath and glow fireplace model CBS-41. Do you have any information that you can share with us? Anna, San Jose has passed an ill-advised ordinance that bans fireplaces even though fireplaces are inherently cleaner than the stoves they permit. The ordinance is deceptive in that it requires fireplaces to be certified by EPA "should EPA develop a fireplace certification program." We sued the City of San Jose, saying the ordinance amounted to a ban on fireplaces and was arbitrary and unfair. We don't know that we had much of a chance (cities can be arbitrary if they want to be) but at the last minute the city caved and agreed to allow us to test to an emerging fireplaces standard in N. Sonoma county. We would love to put our "settlement" to the test. So, as I see it, here are your options: 1) Duck the issue and install gas logs in your fireplace. We have some attractive ones on line at http://www.rumford.com/store/gaslogs.html 2) I think (but can't confirm as I write) that San Jose exempts cooking fireplaces. Since your fireplace is in the kitchen, try adding a crane to hold a pot or an oven and call it a cooking fireplace. 3) If you like our Rumford fireplaces, apply for a permit to build one. We would be glad to help you appeal a negative decision.
Best,
8/26/02 richardjohns@sbcglobal.net Richard, Bravo! We need a test case in San Jose. I copy this memo to both McNear Brick to see if they can refer you to additional masons and to our California Hearths and Homes director who will be interested in our efforts to secure a permit for you. Currently we are preparing an application for general approval of a 36" wide Rumford fireplace based on recent testing that showed it in compliance with the Northern Sonoma County Fireplace Standard. I think you should apply for a permit at the same time. I don't see any reason to wait until we hear anything. When you apply for a permit, submit with your plans, the test cover letter and test results on line at http://www.rumford.com/testRumfordresults.html Let's see what happens.
Best, Hi Jim! Since your last correspondence we have decided to pursue the installation of a Rumford fireplace in San Jose - no matter what it takes. We have an old house, I'm a lifelong resident of San Jose {former prune and cot picker} and damn anyone that says I can't rebuild a fireplace in my own home! Especially since the local newspaper just ran an article about how popular outdoor wood burning ovens are becoming. We are prepared to pursue the matter as far as needed, no matter who it pisses off. Hopefully it won't come to that. I have one bid from a contractor that says he has installed Rumfords before - however, his bid was three thousand dollars over his previous estimate to rebuild a standard fireplace. And we would be responsible for the demo work on the existing fireplace. I am curious as to the suggested retail price of the Rumford units in the 30" to 36" range, can you give me the prices? Do you have any suggestions for other masonry contractors in the San Jose area? I will be submitting my permit application in about one week. Are there any information updates you have that would be helpful in the permit application submission? If you are looking for a test case in the San Jose area we might just be your candidates. Many Thanks for your assistance! Richard Johns Other Interested Parties:
Demetrius Gonzalez
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