MARICOPA COUNTY ORDINANCE

P–26
RESIDENTIAL WOODBURNING RESTRICTION

INDEX

SECTION 1 – GENERAL

A. PURPOSE

B. APPLICABILITY

SECTION 2 – DEFINITIONS

A. ADEQUATE SOURCE OF HEAT

B. APPROVED WOODBURNING DEVICE

C. AREA A

D. BURN-DOWN PERIOD

E. CARBON MONOXIDE (CO) STANDARD

F. CHIMNEY

G. INAPPROPRIATE FUEL

H. NONATTAINMENT AREA

I. OUTDOOR FIRE PITS

J. OZONE STANDARD

K. PARTICULATE MATTER NO-BURN STANDARD

L. PARTICULATE MATTER STANDARDS

M. RESIDENTIAL WOODBURNING DEVICE

N. RESTRICTED-BURN PERIOD

O. SOLE SOURCE OF HEAT

P. WOODBURNING CHIMINEA

SECTION 3 – BURNING RESTRICTIONS

A. RESTRICTED OPERATION DURING RESTRICTED-BURN PERIODS

B. UNLAWFUL OPERATION

C. LAWFUL OPERATION

D. DECLARATION OF A RESTRICTED-BURN PERIOD

E. VIOLATIONS, NOTICES, AND PENALTIES

P-26.1SECTION 4 – EXEMPTIONS

A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION

B. TEMPORARY SOLE SOURCE OF HEAT EXEMPTION

C. EMERGENCY EXEMPTION

D. INADEQUATE ALTERNATE SOURCE OF HEAT EXEMPTION

E. APPLICATION FOR AN EXEMPTION

F. ACTION ON AN EXEMPTION APPLICATION

P-26.2Adopted 10/05/94
Revised 04/21/99
Revised 11/17/99
Revised 03/26/08

MARICOPA COUNTY ORDINANCE

P–26
RESIDENTIAL WOODBURNING RESTRICTION

SECTION 1 – GENERAL

A. PURPOSE: The Residential Woodburning Restriction Ordinance restricts residential woodburning in a non-approved device, outdoor fire pits, woodburning chimineas, and similar outdoor fires when monitoring or for ecasting indicates that air quality standards are likely to be exceeded.

B. APPLICABILITY: The Residential Woodburning Restri ction Ordinance applies to any residential woodburning device, outdoor fire pits, woodburning chimineas, and similar
outdoor fires that are within Ma ricopa County or within incor porated cities and towns in such sections. The Residential Woodburning Restriction Ordinan ce does not apply to barbecue devices and mesquite grills.

SECTION 2 – DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply:

A. ADEQUATE SOURCE OF HEAT – A permanently installed furnace or heating system, connected to or disconnected from its energy source, designe d to heat utilizing oil, natural gas, electricity, or propane, a nd designed to maintain a minimum of 70° Fahrenheit at a point three f eet above the floor in all no rmally inhabited areas of a
residence.

B. APPROVED WOODBURNING DEVICE – The following residential devices shall be approved woodburning devices, ev en though such devices may burn a solid fuel other
than wood:

1. A device that has been certified by the Environmental Protection Agency (EPA) as conforming to Phase II EPA Standards of Performance for Wood Heaters in 40 Code of Federal Regulations (CFR) 60, Subpart AAA as amended through July 1, 2006.

2. Any pellet stove.

3. Any gas burning hearth appliances, incl uding a dedicated gas logset permanently installed in any kind of indoor or outdoor woodburning fireplace which is designed to burn exclusively natural gas or propane.

P-26.34. Any masonry heater or any other solid fuel burning device that meets performance standards that are equiva lent to the standards in 40 CFR 60, Subpart AAA as amended through July 1, 2006, and that is approved by the Control Officer and the
Administrator of EPA.

C. AREA A – As defined in Arizona Revised Stat utes (A.R.S.)§49-541(1), the area in Maricopa County delineated as follows:

Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7 East Township 1 South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East

D. BURN-DOWN PERIOD – That period of time, not to exc eed three hours after declaring a restricted-burn period, required for the cessa tion of combustion within any residential woodburning device, outdoor fire pit, woodburni ng chiminea, or similar outdoor fire by withholding fuel or by modify ing the air-to-fuel ratio.

E. CARBON MONOXIDE (CO) STANDARD – The maximum allowable eight-hour concentration that is nine parts of contam inant per million parts of air by volume (ppm).

F. CHIMNEY – A passage for smoke that is usually ma de of bricks, stone, or metal and
often rises two feet above the roof of a building. An approved, factory-built chimney will have a label on each chimney connector and ga s vent specifying that such chimney can
be used for all fuels and will show the minimum safe clearances to combustibles.

G. INAPPROPRIATE FUEL – Includes, but is not limited to: leaves, grass clippings, green plants, refuse, paper, rubbish, books , magazines, fiberboard, packaging, rags, fabrics, animal waste, animal carcasses, coal, waste oil, liquid or gelatinous hydrocarbons, tar, asphalt products, waste petroleum products, paints and solvents, chemically soaked wood, wood with a moistu re content of greate r than 20 percent, treated wood, plastic or plas tic products, rubber or rubbe r products, office records, sensitive or classified wastes, or any s ubstance which normally emits dense smoke or obnoxious odors other than paper to star t the fire or properly seasoned wood.

H. NONATTAINMENT AREA – An area so designated by the Administrator of the EPA, acting pursuant to Section 107 of the Clean Air Act, as exceeding national primary or secondary ambient air standards for a particular pollutant or pollutants.

P-26.4I. OUTDOOR FIRE PITS – Any combustion of material outdoors, where solid fuels including wood or any other non-gaseous or non-liquid fuels are burned in the fuel bed, and the products of combustion are not directed through a flue or chimney.

J. OZONE STANDARD – The maximum allowable eight-hour concentration within a 24- hour period (midnight to midnight) that is 0.08 parts of contaminant per million parts of air by volume (ppm).

K. PARTICULATE MATTER NO-BURN STANDARD – If either of the following
maximum allowable 24-hour concentrations is forecast for particulate matter:
PM 10 – 120 micrograms per cubic meter;
PM 2.5 – 30 micrograms per cubic meter.

L. PARTICULATE MATTER STANDARDS – The maximum allowable 24-hour
concentration that is:
PM 10 – 150 micrograms per cubic meter;
PM 2.5 – 35 micrograms per cubic meter.

M. RESIDENTIAL WOODBURNING DEVICE – A woodburning device designed for
solid fuel combustion so that usable heat is derived for the interior of a residence. These
devices can be used for aesth etic or space-heating purposes.

N. RESTRICTED-BURN PERIOD – A condition declared by the Control Officer whenever meteorological condi tions are conducive to an accumulation of CO, ozone and/or particulate matte r in exceedance of the standards or when air quality reaches other limits established by the Control Officer.

O. SOLE SOURCE OF HEAT – One or more residential woodburning devices which constitute the only source of h eat in a residence and/or the so le source of fuel for cooking for a residence. No residential woodburning devi ce shall be considered the sole source of heat if the residence is equi pped with a permanently instal led furnace or heating system which utilizes oil, natural gas, electricity, or propane and which is designed to heat the
residence whether or not such furnace or hea ting system is connected to or disconnected from its energy source. However, this defin ition shall not supersede municipal or County Building Code requirements as per aut hority of A.R.S. §§ 9-499.01, 9-240(B)(7), 9- 276(A)(13)–(A)(15), A.R.S. § 9-801 et seq.

P. WOODBURNING CHIMINEA – Chimineas are burning devices made from clay, aluminum, or steel and are used for warmth and aesthetics outside in yards and patios. Chimineas are designed to burn solid fuels.

P-26.5SECTION 3 – BURNING RESTRICTIONS:

A. RESTRICTED OPERATION DURI NG RESTRICTED-BURN PERIODS: During a declared restricted-burn period, a person sha ll be restricted from operating a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire,
in sections of Area A that are within Marico pa County or within incorporated cities and towns in such sections. Exemptions to this requirement are describe d in Section 3(C) and
Section 4 of this ordinance.

B. UNLAWFUL OPERATION: A person shall:

1. Not operate a residential woodburning devi ce, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire such that emissions to the atmosphere are visible during a restricted-burn period de clared by the Control Officer.

2. Not operate a residential woodburning devi ce, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire unless such residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire has been installed according to
the instructions and restrictions specified by the manufacturer.

3. Not use a fuel in a residential woodburni ng device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire except those fuels that are recommended by the
manufacturer.

4. Not burn inappropriate fuel in a residentia l woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire.

C. LAWFUL OPERATION:

1. During a declared restricted-burn peri od, a person may operate a residential woodburning device if the Control Officer has issued an exemption for such device according to Section 4 of this ordinance and if no visible emissions to the atmosphere are produced after 20 consecutive minutes im mediately following an ignition of or a refueling of such resi dential woodburning device.

2. During a declared restricted-burn peri od, a person may operate a residential woodburning device if such device meets th e requirements of Ma ricopa County Air Pollution Control Regulations Rule 3 18 (Approval of Residential Woodburning Devices) and if no visible emissions to th e atmosphere are produced after 20 consecutive minutes immediately following an igniti on of, or a refueling of, such residential woodburning device.

3. During a declared restricted-burn peri od, a person may operate a residential woodburning device, outdoor fire pit, woodbur ning chiminea, or similar outdoor fire, if such device is designed to burn exclusively natural gas or propane.

P-26.6D. DECLARATION OF A RESTRICTED-BURN PERIOD:

1. The Control Officer shall declare a restrict ed-burn period if, afte r reviewing available meteorological data, atmospheric conditions , and ambient temperatures, the Control Officer determines that air pollution le vels could exceed the carbon monoxide (CO) standard, the ozone standa rd, and/or the particulate matter no-burn standard.

2. A person responsible for a residentia l woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fi re, excluding those de vices described in Section 3(C) of this ordinance, already in operation at the time a restricted-burn period is declared shall withhold new fuel from the residential woodburning device, outdoor fire pit, woodburning chiminea, or si milar outdoor fire for the duration of the restricted-burn period.

3. Any person operating or in control of a residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire in sections of Area A that are within Maricopa County or with in incorporated cities and towns in such sections has a duty to know when a restricted -burn period has been declared.

4. Notice of a restricted-burn period shall be distributed over th e wire service to electronic and print media and/or announced by a recorded telephone message at least three hours before initiating any enforcement action for a violation of this ordinance.

E. VIOLATIONS, NOTICES, AND PENALTIES: For purposes of this ordinance, and in accordance with A.R.S. §11-871(D):

1. When the Control Officer has reasonable cause to believe that any person has violated or is in violation of any provision of this ordinance, the Control Officer shall issue, for the first violation of this ordinance, a warning notice which includes a summary of the Maricopa County Residential W oodburning Restriction Ordinance and information on proper woodburning techniques.

2. The Control Officer may impose a civil pe nalty of $50 to any person who violates
this ordinance for the second violation w ithin a one year period after having been issued a warning notice for the firs t violation of this ordinance.

3. For the third violation of this ordinan ce, the Control Officer may impose a civil penalty of $100. The Control Officer ma y impose a civil penalty of $250 for the fourth or any subsequent violation of th is ordinance. After having been issued a citation for a violation of this ordinance, the violation may be refuted by
demonstration that the smoke was not cause d by a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire or by proof of an exemption pursuant to Section 4 of this ordinance.

4. Only those violations of this ordinance which have occurred within one year of a present offense shall be considered as prio r violations. No person shall be cited for a

P-26.7violation of this ordinance more than once in any calendar day. Each day of violation constitutes a separate offense.

SECTION 4 – EXEMPTIONS

A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION: The Control Officer may grant a residential sole source of heat exemp tion if the Control Officer determines that a residential woodburning device meets the criteria of sole source of heat as described in Section 2(O) of this ordinance. The recipi ent of a residential sole source of heat exemption must apply annually to the Control Officer for renewal of such exemption, if such exemption is still necessa ry. The Control Officer shall not issue a residential sole source of heat exemption after December 31, 1995. However, the Control Officer may
renew a residential sole source of heat exem ption if such exemption was issued before December 31, 1995 and if the residential woodbur ning device meets the criteria of sole
source of heat as described in S ection 2(O) of this ordinance.

B. TEMPORARY SOLE SOURCE OF HEAT EXEMPTION: The Control Officer may issue a temporary sole source of heat exemption for economic or health reasons if the Control Officer determines that the applicant qualifies for financial assistance, according to the economic guidelines established under the Food Stamps, Medicaid, or low income energy assistance programs, as administered by the Income Support Division, or if the
Control Officer determines that failure to grant a temporary sole source of heat exemption would endanger the health of the ap plicant. A temporary sole source of heat exemption shall not be issued for more than 150 days.

C. EMERGENCY EXEMPTION: The Control Officer may issue an emergency exemption if the Control Offi cer determines that an emergency situation exists. An emergency exemption shall be valid for a period determined by the Control Officer, but shall not exceed one year from the date it is issued. An emergency si tuation shall include, but is not limited to, the following:

1. A situation where a person demonstrates that his heating system, other than a residential woodburning device, is inoperable for reasons other than his own actions;

or

2. A situation where a person demonstrates that his heating system has been involuntarily disconnected by a utility company or other fuel supplier.

D. INADEQUATE ALTERNATE SOURC E OF HEAT EXEMPTION: The Control Officer may issue an inadequate alternate sour ce of heat exemption if the Control Officer
determines:

1. That there is a heat source other than a residential woodburni ng device available to the residence;

P-26.8P-26.9 2. That such heat source is not a sole source of heat, as defined in Section 2(O) of this ordinance, and that such heat source is used in conjunction with a residential woodburning device;

3. That such heat source is not an approv ed woodburning device, as defined in Maricopa County Air Pollution Control Regulations Rule 318 (Approval of Residential Woodburning Devices); and

4. That such heat source is not an adequate source of heat, as defined in Section 2(A) of
this ordinance.

The recipient of an inadequate alternate s ource of heat exemption must comply with municipal or County Building Code require ments (as per authority of A.R.S. §§ 9- 499.01, 9-240(B)(7), 9-276(A)(13)–(A)(15), A.R.S. § 9-801 et seq. ) and must apply annually to the Control Officer for renewal of such exemption, if such exemption is still necessary. The Control Officer shall no t issue an inadequate alternate source of heat exemption after December 31, 1995. However, the Control Officer may renew an inadequate alternate source of heat exemption, if such exemption was issued before December 31, 1995 and if the re sidential woodburning device meets the
criteria of this ordinance.

E. APPLICATION FOR AN EXEMPTION: Any person seeking an exemption shall do so by submitting an acceptable written applica tion to the Control Officer. An application
shall state:

1. The applicant's name and mailing address;

2. The address for which the exemption is sought; and

3. The reasons for seeking the exemption.

F. ACTION ON AN EXEMPTION APPLICATION: Following the receipt of an exemption application, the Control Officer sh all either grant the exemption, grant the exemption subject to conditions, or deny the exemption. The Control Officer shall notify, in writing, the applicant of such decision.BLANK PAGE

P-26.10