BUILDING CLOSURE - Kyabram Community & Learning Centre Inc

STAFF REPORT
NRC Agenda
Date: May 20, 2013
Item: 9
DATE:
May 20, 2013
TO:
Natural Resources Commission
FROM:
Jacques DeBra, Utilities Manager
SUBJECT:
City 2012-2013 Mandatory Wood Burning Program Review
Recommendation
1. Receive results of the City’s mandatory 2012-2013 burn season program;
2. Receive overview of YSAQMD 2012-2013 voluntary program; and
3. Develop 2013-2014 burn season NRC recommendations for Council consideration.
NRC Function/Purpose
 Reviews and recommends ways to improve aerosol pollutants in the environment.
 Reviews and makes recommendations pertaining to the degradation of air quality in the
Yolo-Solano-Sacramento region.
Fiscal Impact
Limited available staff time would be focused and coordinated with YSAQMD efforts during the
burn season to identify wood burning sources and provide informational outreach to encourage
more healthful burn practices. No City resources are available for additional enforcement or
monitoring efforts.
Background
The NRC has deliberated on a wood burning policy at previous meetings and on October 23,
2012, City Council passed an urgency ordinance 2397 to add chapter 39A to the City of Davis
Municipal Code.
Chapter 39A states that beginning each November 1 until the following March 1, no person shall
operate any woodburning device when the forecasted average PM2.5 (fine particulate matter)
concentration limit by the Yolo Solano Air Quality Management District (YSAQMD) is
expected to exceed 25 micrograms per cubic meter. PM2.5 is the federal standard that is
considered unhealthy for sensitive populations.
Chapter 39A exempts the following conditions:
- operation of a U.S. EPA Phase II certified wood burning device or pellet fueled wood
burning heater provided that no visible emissions other than during start up of a new fire
- use of manufactured fire logs
- when no gas or electrical service heating system is installed in the structure and wood
burning device is the sole source of interior heat
- during temporary power outages
- a waiver issued by the Director of Public Works if compelling economic reasons are
determined
The 2012-2013 mandatory program was complaint driven, and complaints were received online
through the City’s website to allow receipt of complaints on a 24/7 basis. At least one courtesy
letter was mailed to the non-complaint party before a warning notice of violation was issued.
During the 2012-2013 season, no administrative citations were issued. Ordinance 2397 had a
sunset date of March 1, 2013.
2012-2013 City Mandatory Program
Number of no‐burn days as forecasted by YSAQMD (Nov 2012‐Feb 2013) complaints received on a no‐burn day numbers of 1st (courtesy) letters sent numbers of 2nd (warning) letters sent numbers of notice of violation letters sent by code compliance number of invalid or incomplete complaints number of detection log forms received via the NRC woodsmoke subcommittee 16
23
8
2
Typical range is 20‐30 days/season from 11 individuals copied to code compliance 1 16 8 The City also received voluntary wood burning logs which were submitted during the burn
season to the NRC woodsmoke subcommittee. These records are maintained in the City’s 20122013 wood burn season file.
Attachments: Ordinance 2397
2012-2013 program flow chart
Letter templates
Application for Hardship waiver
ORDINANCE NO. 2397
URGENCY ORDINANCE OF THE CITY OF DAVIS TO TAKE EFFECT
IMMEDIATELY ADDING CHAPTER 39A TO THE DAVIS MUNICIPAL CODE TO
REGULATE WOOD BURNING AND DECLARING THAT THIS IS AN URGENCY
ORDINANCE NECESSARY FOR THE IMMEDIATE PRESERVATION OF THE
PUBLIC HEALTH AND SAFETY
WHEREAS, during the cold weather season between November 1 and March 1 of each year, the
City of Davis experiences an increase in residential wood burning within the City; and
WHEREAS, wood smoke consists of fine particles which are regarded as a health hazard by both
national and state health professionals, and in particular can exacerbate pre-existing respiratory
and/or cardiovascular conditions in susceptible populations, including senior citizens and young
children; and
WHEREAS, during the cold weather months surface temperature inversions can have an
additional negative impact on air quality, as pollutants from wood burning and other pollutants
can be trapped near to the ground; and
WHEREAS, extensive analysis of the impacts of wood burning on the residents of the City of
Davis conducted by and on behalf of the City's Natural Resources Commission, including but
not limited to a report prepared by the Davis Wood Smoke Scientific Advisory Committee,
confirms the toxicity of wood smoke, in particular for susceptible populations and well as the
dangers posed by the accumulation of wood smoke in neighborhood "hot spots" due to the use of
residential wood burning devices; and
WHEREAS, the City has received numerous complaints during previous cold weather seasons
from residents suffering from respiratory problems as the result of residential wood burning in
their neighborhoods; and
WHEREAS, Council desires to enact an ordinance to restrict the use of wood burning devices
during the cold weather months on days when air quality in the City is already considered
unhealthy for sensitive groups.
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF DAVIS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1.
Chapter 39A is hereby added to the Davis Municipal Code to read as follows:
CHAPTER 39A
WOOD BURNING REGULATIONS
Article 39A.01
General Provisions
Article 39A.02
General Restrictions
Article 39A.03
Enforcement
Article 39A.04
Notification
Page 1 of 5
Ordinance No. 2397
Article 39A.01
General Provisions
Section 39A.01.010
Purpose.
The purpose of this Chapter is to limit emissions of particulate matter to the atmosphere from fires
or the operation of wood burning devices during periods of time when air quality is unhealthy for
sensitive populations.
Section 39A.01.020
Definitions.
For purposes of this Chapter, the following words and phrases shall have the following meanings:
(a)
"Curtailment period" means any period for which the City of Davis posts an advisory on its
website at www.cityofdavis.org indicating that the forecasted average PM2.5 (fine particulate
matter) concentration limit in the City of Davis is expected to exceed 25 micrograms per cubic
meter, which is the federal standard for PM2.5 that is considered unhealthy for sensitive
populations.
(b)
"Director" means the director of the administrative services department of the City, or his or
her designee.
(c)
"Interior Space" means any indoor area which is designed and used for human occupancy.
(d)
"Pellet-fueled wood burning heater" means any wood burning heater which is operated on
compressed pellets of wood or other biomass material.
(e)
"Solid fuel" means any wood, wood-based product, non-gaseous or non-liquid fuel,
including pellet products.
(f)
"U.S. EPA" means the United States Environmental Protection Agency.
(g)
"U.S. EPA Phase II Certified" means any appliance certified by the U.S. EPA to meet the
performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA.
(h)
"Visible emissions" mean any emissions of smoke which are visually perceived by an
observer.
(i)
"Wood burning device" means any fireplace, freestanding fireplace, fireplace insert, wood
stove, or other wood heater that burns wood or any other nongaseous or non-liquid fuels or any
similar device burning any wood for aesthetic or space-heating purposes in any interior space.
Page 2 of 5
Ordinance No. 2397
Article 39A.02
General Restrictions
Section 39A.02.010
Wood burning prohibited.
During the period of time beginning each November 1 until the following March 1, no person shall
operate (combust solid fuel products in) any wood burning device during a curtailment period
except as otherwise set forth in this Chapter.
Section 39A.02.020
Exemptions.
The prohibition set forth in section 39A.02.010 shall not apply to any of the following situations:
(a)
The operation of a U.S. EPA Phase II certified wood burning device or a pellet fueled wood
burning heater, provided that the devices do not emit visible emissions, except for one period of not
more than twenty minutes within any consecutive four hour period during the start up of a new fire.
(b)
The use of a wood burning device when no gas or electrical service heating system is
installed in the structure and the wood burning device is the sole source of interior heat for the
structure.
(c)
The use of a wood burning device when electrical power service is not available, during
times of temporary service outages.
(d)
The use of manufactured fire logs.
Section 39A.02.030
Waiver.
The director may issue a waiver from the prohibition set forth in this chapter for the heating of a
residence if the director determines that there are compelling economic reasons to grant the waiver
that outweigh the adverse impacts to the environment.
The director will consider the waiver
pursuant to the process as set forth below.
(a)
Applications for a waiver shall be submitted to the director on a form prescribed by the
administrative services department and shall contain the following information:
1.
The address of the household where the wood burning device is located;
2.
Total gross monthly income for all persons living in the household;
3.
Total number of persons living in the household;
4.
Type of dwelling and age;
5.
Types of fuel and the devices used for heating;
6.
Copy of utility bills paid by the applicant;
7.
Identification of all wood burning devices being used;
Page 3 of 5
Ordinance No. 2397
8.
Certification by the applicant that the information contained in the application is
accurate to the best of their knowledge under penalty of perjury under the laws of the
State of California; and
9.
(b)
Such other information requested by the director.
The director will grant or deny the waiver, in writing, within 10 working days of the receipt
of the application. If the director does not respond to the application within 10 working days the
request is deemed denied.
(c)
The term of any waiver granted pursuant to this section shall expire on the March 1
following the date it was granted. Waivers may be renewed from year to year upon the filing of an
updated application and subject to the same provisions set forth in this section.
(d)
The director may rescind the granting of a waiver at any time if an adverse impact is
identified, or if the information provided by applicant in support of the application is later found to
be incorrect. Such rescission must be provided to the applicant in writing.
(e)
An applicant for waiver may appeal the director's denial or rescission of a waiver to the city
manager's office by filing a written notice of appeal with the city clerk within ten calendar days of
the date of the director's decision. Upon failure to file such notice within the ten day period, the
decision of the director shall be final and conclusive. Upon receipt of a timely filed appeal, the city
manager or his or her designee shall schedule, notice and hold a hearing on the appeal.
The
applicant shall have the burden of establishing that the application for waiver was wrongfully
denied. Upon completion of the hearing, the city manager shall grant or deny the request for waiver
based on the original application for waiver as well as the testimony and evidence presented at the
hearing. The city manager's determination shall be final.
Article 39A.03
Enforcement
Section 39A.03.010
Administrative citation.
An administrative citation may be issued for any violation of this Chapter pursuant to Davis
Municipal Code Chapter 1, Article 1.02.
The City shall only initiate an enforcement action for
violation of this Chapter pursuant to Article 1.02 following receipt of a resident complaint filed with
the City and only after at least one warning notice for violation of this Chapter has been delivered to
the non-compliant party.
Article 39A.04
Notification
Section 39A.04.010
Notification of curtailment periods.
Notice of a curtailment period shall be considered to have been given when the City has posted an
advisory notice on its website at www.cityofdavis.org that the forecasted average PM2.5 (fine
particulate matter) concentration limit in the City of Davis exceeds 25 micrograms per cubic meter,
which is the federal standard for PM2.5 that is considered unhealthy for sensitive groups.
Page 4 of 5
Ordinance No. 2397
Section 2.
Declaration of Urgency.
This is an urgency ordinance necessary for the public
health and safety, passed by a four-fifth's vote of the City Council. The facts constituting the
urgency are as follows: The wood burning season in the City starts on November 1, during
which time the temperature in the City decreases and residents begin to use wood burning
devices for residential heating and aesthetic reasons with increased frequency. Additionally, as
the temperature decreases during the cold weather months, surface temperature inversions are
more frequent, creating an added negative impact to air quality. The extensive study and
analysis conducted by the City's Natural Resources Commission indicates that susceptible
populations in the City of Davis, including senior citizens and children with respiratory and/or
heart problems, are likely to suffer harmful effects from exposure to wood burning in residential
areas during the winter months. In order to protect the health and safety of the City's residents,
in particular susceptible populations, it is essential for the City to enact this ordinance and
commence implementation of these new requirements prior to the commencement of the burn
season, to prevent wood burning during any periods that air quality is unhealthy for sensitive
groups, and to ensure that consistent rules apply for the duration of the cold weather season.
Section 3.
Spending Authority. City expenditures to implement this ordinance shall not
exceed $5,000, unless the additional expenditures above $5,000 are approved by the City
Council.
Section 4.
Effective Date. This ordinance shall be effective upon its adoption.
Section 5.
Sunset Date. This ordinance shall sunset on March 1, 2013, except that the City
shall continue to enforce any administration citations issued prior to the sunset date for violation
of this ordinance in accordance with the provisions of Davis Municipal Code Chapter 1, Article
1.02.
PASSED AND ADOPTED by the City Council of the City of Davis on this 23rd day of October,
2012 by the following vote:
AYES:
Frerichs, Lee, Swanson, Wolk, Krovoza
NOES:
None
^rx
Jos^ph-PT'Krovoza
/"Mayor
ATTEST:
Page 5 of5
City of Davis
2012-13 Wood Burn Season Policy Flow Chart
Version October 26, 2012
Department
PW
CSD
Responsibilities
Notes
Program Database
Database shared by PW/CSD
Website
Complaint based system, online form (all information required)
Press Releases
PM2.5 < 25 complaints logged but not followed with letter
First Two Letters Distribution
Complaints logged on ‘no-burn’ day followed with letter
Code Enforcement
Early season AQMD training workshop
Field checks and/or citations
Post 2nd Letter Response
Matching enforcement to individual complaint conditions
ASD
Financial Hardship
Handles accordingly (CSD deferral)
Complaint Received By PW Via Web
1st Letter Sent by PW to Source Address
2nd Letter Sent by PW to Same Source Address (at least 2 business days later)
After 2nd Letter Sent By PW, Defer To Code Enforcement
Code Enforcement – Field/Citation Follow-up
Financial Hardships Processed By ASD as required
December 4, 2012
Davis Resident
Address
Davis, CA 95616
Dear Davis Resident:
The City of Davis 2012-13 Wood Burning Program is in place from November 1, 2012 through February
28, 2013. The City’s Pilot Mandatory Woodsmoke Curtailment Program is a wintertime air pollution
reduction effort based on daily air quality monitoring data collected by the Yolo-Solano Air Quality
Management District . The City has established a threshold for triggering a “Do Not Burn” day during
the wood burning season indicating that certain weather conditions exist causing unhealthy air quality.
The primary goal of the City’s Program is to lower woodsmoke emissions on “Do Not Burn” days to
alleviate nearest neighbor impacts caused by wood burning.
Davis residents can visit the City’s website: http://public-works.cityofdavis.org/city-of-davis-woodburning-program any time during the burn season to check whether or not a “Do Not Burn” day is in
effect. If the status on the City’s website is “Do Not Burn”, residents must refrain from burning a wood
fire for 24 hours. The use of fireplaces, pellet stoves, wood stoves and outdoor fire pits, among other
wood-burning devices which can contribute to particulate air pollution are prohibited during these
nights.
You will be issued only two letter notices indicating that you are causing unhealthful woodsmoke air
quality conditions by wood burning on a “Do Not Burn” day. This is your first letter serving as a friendly
reminder to only burn wood when the “Do Not Burn” day status is NOT in effect.
Thank you for managing your wood burning practices during the 2012-13 wood burning season to
minimize the impact of particulate air pollution caused by wood burning on your neighbors. The City
encourages you to check its website http://public-works.cityofdavis.org/city-of-davis-wood-burningprogram before you burn to make sure conditions are healthy.
Sincerely,
Jacques DeBra
Utilities Manager
January 10, 2013
Davis Resident
Address
Davis, CA 95616
Dear Davis Resident:
This is the second letter the City has sent you regarding the 2012-13 Pilot Mandatory Woodsmoke
Curtailment Program. The first letter was mailed to you on December 12, 2012 asking you to only burn
wood on days when the “Do Not Burn” status was NOT in effect. This is a wintertime air pollution
reduction program which runs through February 2013. The primary goal of the City’s Program is to
lower woodsmoke emissions on “Do Not Burn” days to alleviate nearest neighbor impacts caused by
wood burning.
Please visit the City’s website http://public-works.cityofdavis.org/city-of-davis-wood-burning-program
to check the burn day status before you plan to burn during the remainder of the wood burning season
(through February 2013). When there is a “Do Not Burn” condition in effect on winter nights when air
pollution is approaching unhealthy levels, residents must refrain from building a wood fire for 24 hours.
The use of fireplaces, pellet stoves, wood stoves and outdoor fire pits, among other wood-burning
devices can contribute to particulate pollution are prohibited during these nights.
If you continue to burn wood on days when the “Do Not Burn” status is in effect, the City will refer your
address to the City’s Code Enforcement program. The City would then follow-up on wood burning at
your address based on a field verification of wood burning on “Do Not Burn” days and for repeated
situations the City could issue a citation.
The City does not wish to have this policy in place as an enforcement approach but rather as a strong
public outreach reminder to educate all Davis residents that wood burning on “Do Not Burn” days can
result in serious health effects on your neighbors.
By cooperating everyone can make a significant contribution to improving air quality in Davis while
reducing the impact particulate pollution from wood burning can have on the health of your neighbors.
Sincerely,
Jacques DeBra
Utilities Manager
c. code enforcement
Return To:
City of Davis
Finance Department
23 Russell Blvd., Suite 3
Davis, CA 95616
APPLICATION FOR HARDSHIP WAIVER
Request for Administrative Hearing
To Appeal Code Compliance action (s)
Date Received: ______________
Accepted By: ________________
I HEREBY REQUEST A FINANCIAL HARDSHIP EXCEPTION.
Address:______________________________________________
Owner: _______________________________________________
Applicant: _____________________________________________
DOCUMENTATION OF FINANCIAL HARDSHIP.
Please provide the following documentation along with this form per City Ordinance 2397.
1. Gross annual income for all adults living in the household: _______
2. Total number of persons living in the household:
2012 YOLO COUNTY INCOME LIMITS – updated every spring
Maximum Income Limit per
Household Member
80% of Median Income (AMI)
3. A.
2 Person
$49,200
3 Person
$55,350
4 Person
$61,500
5 Person
$66,450
6 Person
$71,350
Type of dwelling (circle one):
Single Family Attached (2-5 units)
Single Family Detached
Multi-Family (More than 5 units)
B.
Age of dwelling:
4. A.
Types of fuel used for heating: ________________________________________
B.
Device(s) used for heating: ___________________________________________
C.
Identify all wood-burning devices: _____________________________________
5. Participant in the PG&E CARE Program (Y / N)
I certify that the information contained in the application is accurate to the best of my knowledge
under penalty of perjury under the laws of the State of California.
Signature of Applicant:
Date:
`