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5 minute read
THE HEAT IS ON
How California’s Fire and Fuel Bans Shape the Future
By Bob Ferrari, Director of Education, National Chimney Sweep Guild
California often sets trends for the rest of the country. Fuel and burning restrictions vary widely, making it difficult to track where legislation is headed. The rules sometimes depend on individual counties, air quality districts with natural boundaries, or municipalities.
In Sacramento, as of 2009, if a “mandatory curtailment” is issued, “no person may have a fire or operate a wood-burning device.” First-time violators receive a $50 fine, with fines increasing for subsequent infractions. Typically, enforcement relies on neighbors reporting neighbors, as there aren’t enough burn police to patrol effectively.
Southern California issues mandatory no wood-burning bans as needed below 3,000 feet in elevation, usually for one day at a time. Incentives have been offered to install gas logs. California SB1256 has banned the sale of single-use propane cylinders in the state, effective January 1, 2028. While highly publicized gas bans, such as the one in Berkeley, were overturned, this is not the end of the battle against fuel use. Once LP gas in containers for tabletop barbecues or lanterns is unavailable, what will be the alternative?
Dedicated gas appliances are still acceptable in most jurisdictions. Gas logs have dominated fireplaces in Southern California for many years, driven by both emission rules and the fact that firewood is often scarce and prohibitively expensive. However, gas supply installations are under attack. Though recent attempts to ban them have been overturned, opponents of fossil fuels will persist until they succeed. The government began pushing for a ban on pilot lights as early as 1977. Currently, this applies mostly to natural gas-fired appliances, and hearth products may now have intermittent pilots. In colder areas, the absence of a pilot light has led to condensation and cold flue startup problems, and many of those areas rely on propane.
By 2035, all new passenger cars, trucks, and SUVs sold in California must be zero-emission vehicles. Will this idea spread to other fuel-fired appliances?
Starting January 1, 2024, 50% of vehicle purchases must be zero emission. This will likely result in the 90-cents-per-gallon gas tax (including federal tax) spiraling even higher. Fuel in California is already $1.30 more per gallon than the national average, hovering around $5 per gallon. Will all those diesel vehicles that were forcibly retired and replaced a few years ago need to be retired again for electric service trucks?
During the major fires a few years ago, companies like PG&E began shutting down power grids when wind speeds were predicted to be as low as 15 mph. It was neglected PG&E infrastructure that caused the fires, yet the state also attempted to ban fuel-fired home generators.
In San Diego’s North County, there are no regulations controlling when homeowners can or cannot burn wood. Encinitas had initially adopted a “no new gas infrastructure” policy for new construction following Berkeley’s model, but the requirement was relaxed after a ruling from the Ninth Circuit Court.
Oceanside has banned the installation of wood-burning products in new construction for over a decade.
In the San Joaquin Valley, appliances must be registered. Wood-burning curtailments have three levels: no burning at all, burning only with registered products, and discouraged but allowed burning. Anyone operating a registered wood-burning fireplace or heater must ensure there is no visible smoke year-round (except during fire start-up). New fire start-ups cannot produce visible smoke for more than 15 consecutive minutes in any four-hour period. Additionally, visible emissions from wood-burning fireplaces or heaters must not exceed 20% opacity for more than three minutes within any one-hour period. Enforcement is often driven by reports from concerned citizens.
Shasta County allows EPA approved appliances. In the city of Redding, if a masonry chimney must be torn down to the smoke chamber for repair, the entire structure must be replaced with an EPA-approved appliance and a chase with a veneer around the new chimney. Wood or pellet space heaters cannot be installed as the sole source of heat.
Traditional open fireplaces and non-EPA appliances have been banned in new construction and remodels since the early 1990s.
The San Francisco Bay Area enforces mandatory no-burn days, and non-compliant appliances must be upgraded to at least EPA Phase 2 (1992) emission standards.
In Mammoth Lakes and the Lake Tahoe region, non-EPA-approved appliances must be replaced with current EPA-approved models when real estate changes ownership. Some exemptions are allowed for recreational fireplaces in residences and commercial properties. Sellers often remove non-compliant products, leaving it to the new owners to decide what to install.
Although burning restriction programs are typically posted day-to-day, some jurisdictions have imposed mandatory no-burn days for over 60 consecutive days during certain seasons.
The last lengthy California drought (which lasted three years) changed the behavior of many long-time wood and pellet burners. In lower elevations, residents grew accustomed to using their furnaces for the limited heat needed. In my own 50-year-old home, where a wood stove is the sole heat source, I burned only half a cord of wood over three years – down from an average of 1.5 cords per year prior to that drought. Burning resumed during the work-from-home period under COVID, but never reached pre-drought levels.
With uncertainty about the coming winter and the high cost of upgrades that regulations may limit the use of, people are more hesitant to invest heavily in heating systems. There is still demand and work to be done, but not to the extent seen in previous years.
Climate change activists have an easy target in the solid fuel industry, and they have also taken on the powerful gas lobbies.
If you live in an area relatively free of regulation, I encourage you to stay alert. Pay attention to legislation in California and other states. Europe, particularly Germany, is moving toward heat pump-only systems.
This shift will likely affect you sooner rather than later, and the role of professional chimney sweeps in maintaining healthy, safe homes may diminish. Be prepared. ■