A. The City of Berkeley recognizes that while fireplaces and wood burning appliances are a desirable amenity, wood smoke consists of fine particles, which are regarded as a health hazard by both national and state health professionals. Air Quality Standards have been created identifying appropriately healthy maximum standards of particulates in the air. The operation of wood burning appliances therefore needs to be controlled so as not to cause significant health risks to residents who live near them.

B. The Environmental Protection Agency sets a limit of 7.5 grams of particulate emissions per hour, or equivalent, as a compliance level for wood burning appliances. Non-compliant wood burning appliances create local conditions that may significantly exceed particulate air quality standards and adversely affect nearby residents.

C. It is impracticable for a member of the public to demonstrate by measurements that intermittent operation of a wood-burning appliance has resulted in particulate concentrations that exceed air quality standards or create a health hazard. It is also impracticable for most individuals to simulate their local conditions in a computer model to determine whether operation of a wood-burning appliance will create or has created a health hazard.

D. Residents affected by wood smoke currently have no feasible recourse to limit or stop their exposure and potential health impacts.

E. It is necessary to provide citizens recourse when they are being unwillingly exposed to wood smoke and may be suffering health impacts.

F. Accordingly, this chapter defines the circumstances under which operation of a wood-burning appliances is likely to create a health hazard, declares such operation a nuisance, and provides a process that encourages resolution of disputes about such nuisances through informal meetings and mediation, before they may be taken to court. (Ord. 7063-NS § 1, 2008)