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TABLE OF CONTENTS
TABLE OF CONTENTS....................................................................................................................1
TITLE 7 AIR QUALITY...................................................................................................................2
CHAPTER 7.01 DEFINITIONS........................................................................................................2
7.01.010Purpose of Chapter.............................................................................................................2
7.01.020Definitions of Specialized Terms and Phrases...................................................................2
CHAPTER 7.03 SOLID FUEL BURNING APPLIANCES..............................................................3
7.03.010Purpose of Chapter.............................................................................................................3
7.03.020Installation of Solid Fuel Burning Appliances...................................................................3
7.03.030Prohibited Materials...........................................................................................................4
CHAPTER 7.06 REMOVAL OF NON-TOWN APPROVED SOLID FUEL BURNING
APPLIANCES BY JULY 15, 2007.....................................................................................5
7.06.010Purpose................................................................................................................................5
7.06.020Definition of Town Approved Solid Fuel Burning Appliance...........................................5
7.06.030Removal of Non-Town Approved Solid Fuel Burning Appliances by July 15, 2007........5
7.06.040Extension of Time to Comply.............................................................................................6
7.06.050Implementation and Enforcement......................................................................................6
7.06.060Violations and Enforcement...............................................................................................6
CHAPTER 7.10VIOLATIONS........................................................................................................7
7.10.010Violations............................................................................................................................7
Title 7-1
TITLE 7 AIR QUALITY
CHAPTER 7.01 DEFINITIONS
7.01.010 Purpose of Chapter
This Chapter provides definitions of terms and phrases used in this Title that are technical or specialized,
or that may not reflect common usage. If any of the definitions in this Title conflict with definitions in
other provisions of the Municipal Code, these definitions shall control for the purposes of this Title.
7.01.020 Definitions of Specialized Terms and Phrases
The following terms, words and/or phrases shall have the meaning herein provided.
Director.
The Town of Truckee Community Development Director, or his/her designee.
EPA.
The United States Environmental Protection Agency.
EPA Certified Appliance.
Any wood or other solid fuel burning appliance utilized for space or water
heating or cooking that meets the performance and emission standards set forth in Part 60, Title 40,
Subpart AAA, Code of Federal Regulations. Phase I appliances must meet the emission requirements of
not more than 5.5 grams per hour of PM10 emissions for catalytic and 8.5 grams per hour for non-
catalytic appliances. Phase II requirements are 4.1 and 7.5 grams per hour, respectively.
Open Masonry Fireplace.
Any solid fuel burning appliance primarily constructed on site of masonry
products such as brick, stone, clay, or other precast stone or concrete products.
Pellet Fueled Wood Heater.
Any solid fuel burning appliance designed to heat the interior of a
building that operates on pelletized wood and has an automatic feed.
Permanently Inoperable.
Modified in such a way that the appliance can no longer function as a solid
fuel burning appliance or be easily remodified to function as a solid fuel burning appliance. Conversion
to gaseous or liquid fuels, such as natural gas, is permitted.
Solid Fuel Burning Appliance, Heater, or Device.
Any fireplace, fireplace insert, wood stove, wood
heating device, or coal stove or structure that burns wood, coal, or any other nongaseous or nonliquid
fuels, or any similar device burning any solid fuel for aesthetic, water heating, or space heating
purposes.
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CHAPTER 7.03 SOLID FUEL BURNING APPLIANCES
7.03.010 Purpose of Chapter
The Town Council hereby finds that:
(a) The Truckee Particulate Matter Air Quality Management Plan was adopted on July 15, 1999,
which recognized the severity of particulate matter pollution in the Town of Truckee and its
environs and the urgency for reducing particulate matter emissions; and
(b) The Air Quality Management Plan documents the adverse health and environmental effects that
particulate matter has on the residents and visitors of Truckee; and
(c) A key control strategy of the Air Quality Management Plan is to limit emissions from solid fuel
burning appliances and total emissions from a residential unit, such that emission limits from
appliances should not exceed the emission requirements for an EPA-certified Phase II
PM
woodstove and total emissions of from a residential unit should not exceed 7.5 grams per
10
hour.
(d) Accordingly, the Town Council finds that the health, safety, and general welfare of the residents
of, persons employed in, and persons who frequent this Town would be benefited by the
regulation of emissions from solid fuel burning appliances.
7.03.020 Installation of Solid Fuel Burning Appliances
(a) No solid fuel burning appliance shall be permitted to be installed within the Town unless the
solid fuel burning appliance is:
1. An EPA Certified Appliance meeting the emission requirements for Phase II
certification;
2. A pellet fueled wood heater;
3. An open masonry fireplace supplied with gas and fitted with artificial logs;
4. One open masonry fireplace located in a hotel/motel lobby or similar common area
lobby or in the common area of a condominium project; or
5. A zero clearance fireplace that is not an EPA Certified Appliance and is approved for
use by the San Luis Obispo Air Pollution Control District as shown on their most
current “List of APCD-Approved Woodburning Devices”.
(b) There shall be no combination of solid fuel burning appliances and/or pellet fueled wood heaters
within a dwelling unit or within a business that will exceed 7.5 grams per hour of particulate
matter emissions except for one fireplace located in a hotel/motel lobby or similar common area
lobby. Notwithstanding the emission restrictions of this subsection, an existing solid fuel
burning appliance may be replaced with an EPA Certified Appliance meeting the emission
requirements for Phase II certification.
(c) Solid fuel burning appliances shall not be the primary form of heat in any new construction.
(d) A new or replacement solid fuel burning appliance, including previously used appliances, shall
not be installed without first obtaining a building permit from the Town. All installations shall
require an inspection and approval by the Building and Safety Division prior to operation.
(e) It shall be unlawful for any person to sell, offer for sale, supply, or install a used solid fuel
burning appliance which has been removed from its dwelling unit or commercial or industrial
building unless the appliance has been rendered permanently inoperable or unless it is:
1. An EPA Certified Appliance meeting the emission requirements for Phase II
Title 7-3
certification; or
2. A pellet fueled wood heater.
This regulation does not prohibit the sale of any solid fuel burning appliance which is
transferred as an appurtenance to a dwelling unit or commercial or industrial building in
compliance with this Title.
(f) Verification of compliance may be certified by an inspector of the Building and Safety Division,
by an individual certified by the Wood Heating Education and Research Foundation for the
installation of solid fuel appliances, or by individuals possessing equivalent certification. The
inspector of record shall verify in writing that the appliance complies with the required emission
standards and shall file that certification with the Town. Inspectors independent of the Town
shall verify their qualifications with the Chief Building Official before appliance certification
will be accepted by the Town.
7.03.030 Prohibited Materials
It shall be unlawful for any person to cause or allow any of the following materials to be burned in a
solid fuel burning appliance:
(a) Garbage;
(b) Treated wood;
(c) Plastic products;
(d) Rubber products;
(e) Waste petroleum;
(f) Paints and paint solvents;
(g) Coal having a sulfur content of more than 0.5 percent by weight as measured by ASTM Test
Method D3177-84.
CHAPTER 7.04 REMOVAL OF NON-TOWN APPROVED SOLID FUEL
BURNING APPLICANCES
Repealed
(ORD 2006-02 04-20-06)
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CHAPTER 7.06 REMOVAL OF NON-TOWN APPROVED SOLID FUEL
BURNING APPLIANCES BY JULY 15, 2007
(ORD 2006-02 04-20-06)
7.06.010 Purpose
The Town Council hereby finds that:
(a) The Truckee Particulate Matter Air Quality Management Plan was adopted on July 15, 1999,
which recognized the severity of particulate matter pollution in the Town of Truckee and its
environs and the urgency for reducing particulate matter emissions; and
(b) The Air Quality Management Plan documents the adverse health and environmental effects that
particulate matter has on the residents and visitors of Truckee; and
(c) A key control strategy of the Air Quality Management Plan is to facilitate the removal or
replacement of non-certified woodstoves and fireplace inserts, thereby reducing PM and PM
102.5
emissions from these gross-polluting appliances.
(d) Accordingly, the Town Council finds that the health, safety, and general welfare of the residents
of, persons employed in, and persons who frequent this Town would be benefited by the
removal of all non-Town approved solid fuel burning appliances within the Town of Truckee.
7.06.020 Definition of Town Approved Solid Fuel Burning Appliance
For the purposes of this Chapter, a Town Approved Solid Fuel Burning Appliance shall mean:
(a) An open masonry fireplace constructed in accordance with Nevada County or Town regulations
applicable at the time of construction;
(b) A zero-clearance fireplace constructed in accordance with Nevada County or Town regulations
applicable at the time of construction;
(c) An open masonry fireplace that burns natural or liquid propane gas as its fuel through a ceramic
or otherwise non-combustible gas log that is permanently installed in the fireplace;
(d) An EPA Certified Appliance, including appliances meeting the emission requirements for Phase
I certification;
(e) An appliance certified as meeting the emission requirements of the Oregon Department of
Environmental Quality;
(f) A pellet fueled wood heater;
(g) A zero clearance fireplace that is not an EPA Certified Appliance and is approved for use by the
San Luis Obispo Air Pollution Control District as shown on their most current “List of APCD-
Approved Woodburning Devices”; and
(h) A wood stove used for ornamental purposes that has been rendered permanently inoperable.
7.06.030 Removal of Non-Town Approved Solid Fuel Burning Appliances by July 15,
2007
(a) All solid fuel burning appliances within the Town of Truckee that are not Town Approved Solid
Fuel Burning Appliances as defined by Section 7.06.020 shall be removed from all properties by
July 15, 2007 or rendered permanently inoperable by July 15, 2007 unless an extension of time
to comply with this Chapter is granted by the Community Development Director in accordance
with Section 7.06.040.
(b) All solid fuel burning appliances within the Town of Truckee that are not Town Approved Solid
Fuel Burning Appliances as defined by Section 7.06.020 shall be removed from all properties by
July 15, 2007 or rendered permanently inoperable by July 15, 2007 unless an extension of time
to comply with this Chapter is granted by the Community Development Director in accordance
with Section 7.06.040.
(ORD 2006-02 04-20-06)
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7.06.040 Extension of Time to Comply
The Community Development Director may grant an extension of time not exceeding six months from
July 15, 2007 to comply with the requirements of this Chapter if the Director finds that there are
extenuating circumstances warranting an extension. Any decision by the Director on an extension of
time may be appealed to the Town Council in accordance with Section 2.04.100 et seq. of the Municipal
Code.
(ORD 2006-02 04-20-06)
7.06.050 Implementation and Enforcement
The Community Development Director may grant an extension of time not exceeding six months from
July 15, 2007 to comply with the requirements of this Chapter if the Director finds that there are
extenuating circumstances warranting an extension. Any decision by the Director on an extension of
time may be appealed to the Town Council in accordance with Section 2.04.100 et seq. of the Municipal
Code.
(ORD 2005-03 03-17-05; ORD 2006-02 04-20-06)
7.06.060 Violations and Enforcement
In addition to the penalties and punishments as set forth in Chapter 1.02 of this Municipal Code, the
Director shall have the authority to issue an administrative citation in accordance with Chapter 1.03 of
this Municipal Code for a violation of any provision of this Chapter. The amount of the fine for a first
conviction shall be not more than One Thousand Dollars ($1,000), for a second conviction within a
period of one year shall not be more than Two Thousand, Five Hundred Dollars ($2,500), and for a third
or any subsequent conviction within a period of one year shall not be more than Five Thousand Dollars
($5,000).
(ORD 2003-06 12-4-03)
Title 7-6
CHAPTER 7.10 VIOLATIONS
7.10.010 Violations
Any person who violates any of the requirements of this Chapter, or who falsely attests as to information
as part of compliance with this Chapter, is subject to the penalties and punishments as set forth in
Chapter 1.02 of this Municipal Code and may be subjected to the applicable penalties and punishments
prescribed by law for perjury and may have any license or permit issued by the Community
Development Director pursuant to this Chapter revoked.
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