The purpose of this Chapter is to improve and maintain air quality conditions in the City in order to protect and enhance the health and quality of life of its citizens, as well as contribute to improvements in regional air quality, by reducing air pollutant emissions from woodburning fireplaces.

(Ord. 145 § 1 (part), 2005)

"Fireplace" means a hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. Excluded from this definition are devices intended to be solely used for preparation of food (e.g., woodburning ovens, outdoor barbeques) and outdoor fire pits.

(Ord. 145 § 1 (part), 2005)

A.

Only one (1) woodburning fireplace per structure (e.g., main residence, guest house) or per dwelling unit (in multiple family projects) may be installed in any new construction as defined in Section 10.01.020(AK) of this Title. All fireplaces in excess of one (1) installed in new construction shall be Environmental Protection Agency (EPA) — Phase II certified appliances and approved equals.

B.

It is unlawful to burn garbage, plastics, rubber, paints, solvents, oil, treated wood products, particle board, glossy or treated paper, coal, or any other material that produces noxious or toxic emissions when burned in a woodburning fireplace.

C.

Any woodburning fireplaces installed prior to the effective date of this Chapter shall be exempted from this Chapter. In addition, the number of existing woodburning fireplaces may be retained within a structure without being required to comply with the provisions of this Chapter even if, upon remodel of the structure, woodburning fireplaces are constructed in new locations within the structure, so long as the work on the structure does not meet the new definition of "new construction" and the number of woodburning fireplaces does not exceed the number of legally existing woodburning fireplaces as of the effective date of this Chapter.

(Ord. 145 § 1 (part), 2005)

This Chapter shall become effective on March 3, 2005, and shall apply to all permits issued on or after March 3, 2005.

(Ord. 145 § 1 (part), 2005)