15.04.130-Woodstoves and similar appliances--California Mechanical Code.
It is unlawful for anyone to install and use a woodstove, woodstove insert, or similar appliance without first obtaining a building permit and an inspection or approval from the building official or his/her designee authorizing its use.
(Ord. No. 13-10, [ss] 3(Exh. A), 12-4-2013)
15.04.140-Woodstove inserts--California Mechanical Code.
A. "Woodstove insert" shall mean a factory-built metal solid fuel burning device designed to be inserted into a fireplace constructed of masonry, metal, or other materials.
B. All newly installed and/or reconstructed woodstove inserts shall meet the following requirements:
1. Dimensions to combustibles: A minimum of forty-eight inches vertically of non-combustible material shall be installed within the chase area measured from the top of the existing pre-fabricated metal firebox. A minimum of twenty-four inches horizontally of non-combustible material shall be installed within the chase area measured from the side of the woodstove insert. Some construction exceptions may be permitted due to unforeseen circumstances. Further, should the manufacturer's minimum dimensions be greater than the above dimensions, the manufacturer's dimensions shall prevail.
2. Air channels around enclosure panel: Per NFPA 211, passive circulation shall be maintained in the void space around woodstove insert and the pre-fabricated fireboxes. Passive circulation shall be installed in each corner of the panels installed with the woodstove insert.
3. Circulation of air in the pre-fabricated fireboxes: Passive circulation shall be maintained around the walls of the pre-fabricated firebox.
4. Lintel Bar: All lintels and all supporting material for said lintels shall be of non-combustible material.
5. Flue pipe: Required spacing of not less than two inches shall be maintained for all installations. No exceptions shall be granted for existing non-conforming flue pipes, and all flue pipes shall meet the standards in this ordinance prior to any final approval being issued.
6. Support of pre-fabricated fireboxes at base of unit: Should the woodstove insert assembly weigh more than two hundred pounds then the base of the firebox shall be supported by an approved method and means. Should the complete assembly of the woodstove insert exceed more than two stories in height then the base of the pre-fabricated firebox shall be supported regardless of the weight of the woodstove insert.
7. Pre-fabricated firebox: Any modification to the pre-fabricated firebox shall be approved by the manufacturer of record. Town inspection and verification shall be required prior to installing decorative panels.
8. Approved manufacturers: Unless otherwise approved by the board of appeals, building official and fire marshall, all woodstove inserts shall be manufactured by the following manufacturers: Quadra Fire, Buck Stoves, Regency Fire, Lopi, Jotul, Sierra Stove, Avalon, Pacific Energy, Napoleon, Enviro, Country Stoves, Hampton, Drolet, and Flame XTD.
C. All woodstove inserts currently installed within the town shall be removed or be reconstructed to meet the requirements of this section upon the sale of the real property within which the woodstove insert is located (provided that for a property for which escrow is opened in conjunction with the sale, the requirements of this paragraph shall apply only to properties for which escrow is opened after June 30, 2013) or by October 31, 2022, if no sale has occurred prior to that date. Notwithstanding the foregoing, if the buyer assumes responsibility, in writing on a form approved by the community and economic development director, for woodstove insert replacement and removal, and agrees not to use the existing non-compliant solid fuel burning appliance, the buyer may complete the removal or reconstruction in accordance with the timeframe set forth below. In such case the buyer shall submit a fully completed building permit application for the removal or reconstruction to the Town of Mammoth Lakes Building Division woodstove replacement or removal, within ninety calendar days from the date of completion of the sale or transfer. The building division may provide one thirty-calendar-day extension of time for filing of the building permit application upon request from the buyer. Notwithstanding any other ordinance or the usual duration of the building permit, the work authorized by the building permit shall be commenced within one hundred eighty days of the permit's issuance, and shall be completed within one year of the permit's issuance. Extensions of time for final sign off of the building permit for justifiable cause may be granted according to the provisions of the California Building Codes. All proposed construction shall comply with the provisions of the California Building Codes and town ordinances, the buyer shall proceed with the purchase at their own risk and without assurance that the proposed work will be approved. This requirement shall apply to all occupancy types, including single-family homes, multifamily residential structures, and commercial structures in which woodstove inserts have been installed.
D. The building official and fire marshall may enforce the provisions of this section. Neither the building official nor the fire marshall shall finally approve any building permit for a woodstove insert without determining that the insert complies with the provisions of this section. This subsection is not intended to and does not modify or abrogate any town immunities set forth in the Government Code.
E. Pursuant to Section 1102.6(a) of the California Civil Code, sellers of residential real property shall disclose to purchasers of such property the provisions of this section. This disclosure obligation shall be satisfied by providing to each purchaser a "Local Option Real Estate Transfer Disclosure Statement" specified by the town and providing a copy of this section.
(Ord. No. 13-10, [ss] 3(Exh. A), 12-4-2013; Ord. No. 14-06, [ss] 5, 6-4-2014)