A. "Wood burning appliance" means any indoor fireplace, fireplace insert, or woodstove that burns wood or a wood product, but does not include a wood burning appliance used for cooking in a commercial food service establishment.

B. "Non-compliant" means any wood-burning appliance that does not meet EPA emission standards of 7.5 grams of particulate matter per hour as defined by the US Environmental Protection Agency in 40 CFR Ch. 1 (7-1-02 Edition) §60.532 (http://www.epa.gov/Compliance/resources/policies/monitoring/caa/woodstoverule.pdf).

C. "Complaining party" means any person who wishes to limit another person’s use of a wood-burning appliance.

D. "Wood burning appliance operator" means any individual, corporation or other entity operating a wood-burning appliance.

E. "Immediate neighbor" means a resident of a building on a parcel that abuts or confronts a property with a wood burning appliance or a building that has a direct line of sight from the highest residential floor to the source of the smoke, and who resides within 120 feet of a source of wood smoke. However a person is not an immediate neighbor if there is an impermeable surface, such as a wall or structure, which blocks the line of sight between the source of smoke and the top of the highest residential floor of the building in which resident lives.

F. "Smoke health hazard" means operation of a non-compliant wood-burning appliance or operation of a compliant wood-burning appliance in a manner not consistent with the manufacture’s instructions, including burning improper fuel.

G. "Particulate Matter (PM)" means very small particles consisting mostly of carbon. PM may be divided into many size fractions, measured in microns (one-millionth of a meter). California Air Resources Board (CARB) regulates two size classes of particles - particles up to 10 microns (PM10) and particles up to 2.5 microns in size (PM2.5). PM2.5 particles are a subset of PM10.

H. Improper fuel includes, but is not limited to, garbage, treated wood, non-seasoned wood, used or contaminated wood pallets, plastic products, rubber products, waste petroleum products, paints and paint solvents, coal, animal carcasses, glossy and/or colored paper, salt water driftwood, particle board, and any material not intended by a manufacturer for use as a fuel in a wood-burning device. Improper fuel may be evidenced by smoke or odor. (Ord. 7063-NS § 1, 2008)