A.    All new and replacement solid fuel burning appliances shall be certified and labeled as an EPA Phase II certified appliance.

    B.    All solid fuel burning appliances, pellet fueled wood heater and gas fueled appliances shall not be installed without first obtaining a building permit from the city. All installations shall require an inspection and approval by the building division prior to operation.

    C.    Verification that the appliance complies with the required emissions standards and with this chapter shall be verified by an inspector of the city’ s building division and such verification shall remain on file with the building division.

    D.    No person shall advertise, sell, offer for sale, supply, install or transfer a solid fuel burning appliance within the Grass Valley city limits unless it is either:

    1.    Tested, certified and labeled as meeting the emission requirements of the EPA Phase II certified appliance;

    2.    A pellet fueled wood heater including those labeled exempt from 40 CFR Part 60; or

    3.    Permanently inoperable.

    E.    Solid fuel burning appliances shall not be the primary form of heat in any new construction.

    F.    The following are exempt from the requirements of Section 8.40.030:

    1.    Gas fueled appliances.

    2.    All existing, permitted solid fuel burning appliances as of the effective date of this ordinance.

    3.    One fireplace located in a hotel/motel lobby or similar common area lobby or in the common area of a condominium project. (Ord. 590 § 1 (part), 2001)