Smoke police begin crackdown on newly illegal chimney fires

Thu. November 20, 2008; Posted: 09:51 AM

Not quite. But at noon Wednesday, it became illegal for residents of the nine Bay Area counties to start a fire in their fireplaces, wood stove or in pits outside their homes.

And those who flout the new law, which is in effect on pollution-heavy Spare the Air days, could be slapped with fines of thousands of dollars. The current ban will last at least until noon today, but about 20 Spare the Air days could be declared during the winter season, which runs from Nov. 1 through Feb. 28.

Teams of inspectors from the Bay Area Air Quality Management District will be patrolling neighborhoods, on the lookout for chimney smoke and, perhaps, listening for the sounds of chestnuts roasting on an open fire.

"We take this very seriously," said district spokeswoman Kristine Roselius.

She said one in seven people in the Bay Area has respiratory problems that can be worsened by soot. "During smoky nights, it's difficult for them to breathe," she said.

Agency officials say they realize a crackling fire is a long-held tradition of American family life -- so they understand why many homeowners will grumble about the new law. But the agency's statistics show wood smoke is the largest source of particle pollution in the region.

The Bay Area has 1.4 million fireplaces and wood stoves, so district officials are hoping most people will voluntarily comply with the new law, adopted by the district's board of

directors in July. But residents who decide not to obey might soon regret it.

"We won't have inspectors knocking on doors," Roselius said. But first-time violators will be sent a warning in the mail and told they can expect steep fines if they continue to ignore the law.

Roselius said the district hasn't yet set up a penalty schedule for subsequent violations, but "the fines will range from several hundred dollars to several thousand dollars."

The district might eventually set up "smoke schools" -- think traffic schools that focus on the evils of chimney smoke rather than the dangers of speeding. But that's down the road, she said.

Spare-rib and pizza lovers can rest easy, though. Barbecue grills and outdoor pizza ovens are exempt from the rule, she said.

Bay Area residents who make their living selling firewood are upset by the new law.

"Selling logs is what pays the bills throughout the winter," said Kim Kelley, who along with her husband, Vince, owns Kelley's Tree and Stump Service in Fremont.

Kelley said many of her customers depend on firewood to heat their homes because they can't afford steep PG&E bills.

"You'd be surprised to see how many people -- particularly the elderly -- don't have working heaters," Kelley asked. "How many people are going to get sick or die because of this new law?"

Air district spokeswoman Lisa Fasano, however, said the new law exempts people who use a wood stove as their only source of heat, as well as people who can prove they have a non-working furnace.

The folks at Stockton-based Duraflame are also concerned the law will hurt their business.

The company had unsuccessfully lobbied the district to exempt cleaner-burning sawdust-based logs, as well as EPA-certified wood and pellet stoves -- except on the most severely polluted days.

"We thought that would be a way to encourage people to embrace cleaner-burning logs and new technology," said Chris Caron, a Duraflame vice president.

Roselius said district meteorologists huddle every morning to put together a forecast and decide whether to declare a Spare the Air day. If they decide the air will be cold and still, and thus likely to trap pollution close to the ground, a Spare the Air day is declared and remains in effect until at least noon the next day.

So Duraflame, fireplace aficionados and business people like the Kelleys will just have to pray for cold, rainy, windy weather.

"Miserable weather is good for our business," Caron said. "And it's also good for air quality."

Contact Ken McLaughlin at kmclaughlin@mercurynews.com or (408) 920-5552.

FAQs on fire ban

Some questions and answers about the new law banning fireplace, wood-stove and open-pit fires on high-pollution Spare the Air days:

How will I be notified when there"s a Spare the Air day? The days will be widely publicized on the radio, TV, Internet and in newspapers. Call (800) 430-1515 if you want to be notified by phone. You can also sign up for an e-mail or embed a notification tool on your Web site at www.sparetheair.org.

What if I want to complain about my neighbor"s smoking chimney? Call (877) 4NOBURN. You can also call that number to check if it"s a Spare the Air Day.

Which counties are affected by the new law? The nine in the Bay Area: Santa Clara, Alameda, San Mateo, San Francisco, Marin, Contra Costa, Napa, southwestern Solano and southern Sonoma.

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