Chapter 31 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

3116 Wood Burning Appliances.

A.    The purpose of this section is to reduce the health risks caused by wood smoke under the climatic conditions applicable to Berkeley.

B.    For purposes of this section the following terms shall be defined as set forth below.

1.    "EPA" means the United States Environmental Protection Agency.

2.    "EPA Certified" means any wood heater that is labeled "EPA Certified" in accordance with the standards in Title 40, Part 60, Subpart AAA, of the Code of Federal Regulations or equivalent, in effect at the time the wood heater is installed.

3.    "Pellet heater" means wood heaters that burn pellet fuel exclusively and are either EPA-certified or exempted under EPA requirements set forth in Part 60 Title 40, Subpart AAA, of the Code of Federal Regulations, February 26, 1988.

4.    "Wood-burning" means an appliance that burns wood or any wood-based solid fuel, including but not limited to wood pellets.

5.    "Wood burning cooking device" means any wood-burning device that is designed or primarily used for cooking.

6.    "Wood-burning fireplace" means any permanently-installed masonry or factory-built wood-burning appliance, either open or with doors in front of the combustion chamber, which is neither a wood heater as defined in 40 CFR 60.531 nor designed and used for cooking.

C.    No wood-burning fireplace or wood heater as defined in 40 CFR 60.531, that is not EPA certified or exempted by under EPA requirements may be installed in any occupancy.

Exception: Existing masonry fireplaces may be repaired in accordance with the applicable codes in effect at the time of the proposed repair or reconstruction. For purposes of this exception, the term repair includes resurfacing the combustion chamber, but does not include replacing any other part of the combustion chamber.

D.    Wood burning cooking devices are not prohibited by this section.

E.    Any person planning to install a wood-burning fireplace or heating stove must submit verifiable documentation to the City showing that the appliance conforms to the requirements of this section.