CBC 3101A

A. The purpose of this section is to reduce the health risks that are caused by wood smoke under the climatic conditions applicable to Berkeley.

B. For purposes of this section the following terms shall be defined as set forth below.

1. "EPA" means the United States Environmental Protection Agency.

2. "EPA Certified" means any wood heater that is labeled "EPA Certified" in accordance with the standards in Title 40, Part 60, Subpart AAA, of the Code of Federal Regulations in effect at the time the wood heater is installed.

3. "Pellet heater" means wood heaters that burn pellet fuel exclusively and are either EPA-Certified or exempted under EPA requirements set forth in Part 60, Title 40, Subpart AAA, Code of Federal Regulations, February 26, 1988.

4. "Wood-burning" means that an appliance burns wood or any wood-based solid fuel, including but not limited to wood pellets.

5. "Wood-burning cooking device" means any wood-burning device that is designed or primarily used for cooking.

6. "Wood-burning fireplace" means any permanently-installed masonry or factory-built wood-burning appliance, either open or with doors in front of the combustion chamber, which is neither a wood heater as defined in 40 CFR 60.531 nor designed and used for cooking.

Exception: Existing masonry fireplaces may be repaired in accordance with the applicable codes in effect at the time of the proposed repair or reconstruction. For purposes of this exception, the term repair includes resurfacing the combustion chamber, but does not include replacing any other part of the combustion chamber.

E. Pellet heaters are not prohibited by this section.

F. Any person planning to install a wood-burning fireplace or cooking device must submit verifiable documentation to the City showing that the appliance conforms to the requirements of this section. (Ord. 6672-NS ¤ 1, 2001)