(A) Purpose. The purpose of this standard is to regulate fireplaces, woodstoves or other solid-fuel burning devices to reduce the amount of air pollution caused by particulate matter and carbon monoxide.
(B) Effective date. The effective date of the regulations and prohibitions set forth in this standard shall take effect no earlier than December 31, 1998.
(C) Definitions. For the purposes of this standard, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIREPLACE. A built-in-place masonry hearth and fire chamber or a factory-built appliance, designed to bum solid fuel or to accommodate gas or electric log insert or similar device, and which is intended for occasional recreational or aesthetic use, not for cooking, heating or industrial purposes.
SOLID FUEL. Includes but is not limited to: wood, coal or other nongaseous or non-liquid fuels, including those fuels defined by the Maricopa County Air Pollution Control Officer as “inappropriate fuel” to burn in residential wood-burning devices.
WOODSTOVE. A solid fuel-burning heating appliance including a pellet stove, which is either freestanding or designed to be inserted into a fireplace.
(D) Installation restrictions.
(1) On or after the effective date, no person, firm or corporations shall construct or install a fireplace or woodstove, and the Building Official shall not approve or issue a permit to construct or install a fireplace or woodstove, unless the fireplace or woodstove complies with 1 of the following:
(a) A fireplace which has a permanently installed gas or electric log insert;
(b) A fireplace, woodstove or other solid fuel-burning appliance which has been certified by the United States Environmental Protection Agency (EPA) as conforming to 40 Code of Federal Regulations Part 60, Subpart, AAA as amended through July 1, 2006;
(c) A fireplace, woodstove or other solid fuel-burning appliance which has been tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those adopted by 40 Code of Federal Regulations Part 60, Subpart AAA as amended through July 1, 2006;
(d) A fireplace, woodstove or other solid fuel-burning appliance which has been determined by the Maricopa County Air Pollution Control Officer to meet the performance standards equivalent to those adopted by 40 Code of Federal Regulations Part 60, Subpart AAA as amended through July 1, 2006; or
(e) A fireplace which has a permanently installed woodstove insert which complies with divisions (D)(1)(b), (D)(1)(c) or (D)(1)(d).
(2) The following installations are not regulated by this standard and are not prohibited by this standard:
(a) Furnaces, boilers, incinerators, kilns and other similar space heating or industrial process equipment;
(b) Cook stoves, barbecue grills and similar appliances designed primarily for cooking; or
(c) Fire pits, barbecue grills and other outdoor fireplaces.
(E) Fireplace or woodstove alterations prohibited.
(1) On or after the effective date, no person, firm or corporations shall alter or remove a gas or electric log insert or a woodstove insert from a fireplace for purposes of converting the fireplace to directly burn wood or other solid fuel.
(2) On or after the effective date, no person, firm or corporations shall alter a fireplace, woodstove or other solid fuel-burning appliance in any manner that would void its certification or operations compliance with the provisions of this standard.
(F) Permits required. In addition to the provisions and restrictions of this standard, construction, installation or alteration of all fireplace, woodstove and other gas, electric or solid fuel-burning appliances and equipment shall be done in compliance with provisions of the Technical Codes and shall be subject to the permits and inspections required by this chapter.
(Ord. 1273, passed 3-20-2007; Am. Ord. 1475, passed 6-19-2019)