A proposal by the Bay Area Air Quality Management District (BAAQMD) to mandate the replacement of all wood-burning fireplaces with gas-fueled, electric or Environmental Protection Agency (EPA) certified heating devices upon the sale or transfer of residential or commercial property is causing quite a stir among Bay Area homeowners and the real estate community. To reduce winter time air pollution, the air quality regulator wants to ban wood-burning fireplaces in any new home construction and require that they be removed or converted before a home is sold or rented.
The Air District has scheduled a series of public meetings about the proposal in each county. Homeowners at a March meeting in Morgan Hill for Santa Clara County residents, questioned the feasibility of such a plan. The Silicon Valley Association of REALTORS® (SILVAR) and other realtor associations from around the Bay Area, including the Contra Costa County Association of REALTORS®, Bay East Association of REALTORS®, Marin County Association of REALTORS® and Santa Clara County Association of REALTORS® have officially come out in opposition of the plan. According to the REALTORS®, implementation of the rule would be complicated, costly, ineffective, overreaching and intrusive to residents.
In a letter addressed to BAAQMD, SILVAR President Chris Isaacson stated, "We cannot over-emphasize the impact this rule would have on the Silicon Valley housing market. What little it does to reduce winter time air pollution does not warrant the substantial difficulty it would cause for people who are trying to sell their homes."
Installing gas and electrical inserts or EPA-certified heating devices into a fireplace would be costly. The units alone can cost thousands of dollars. Also, the REALTORS® contend such a proposal will not correct the problem of air pollution, since there is no evidence that the people buying or renting a home would violate "Spare the Air" restrictions, or ever burn wood.
"If implemented, this rule will hamstring the real estate market, costing home sellers potentially thousands of dollars. This rule is a broad brush that does not even attempt to target the actual bad actors," said Isaacson.
The REALTORS® say a more sensible approach to improving air quality would be to increase Spare the Air days and step up its enforcement. The Air District could also provide incentives to homeowners who install the suggested gas-fueled, electric or EPA-certified heating devices.
"Figure out the areas where people are burning excessively and target those areas with either mandatory or voluntary burn bans. If changing out the fireplace is still a goal, then incentivize homeowners to remove or retrofit. This harsh and excessive regulation is not the right way," said Isaacson.
See Air District's proposal and schedule of public meetings here. For questions or comments about the proposal, contact the Air District's Wood Smoke Hotline at (415) 749-4989, or email public@baaqmd.gov.
The Silicon Valley Association of REALTORS® (SILVAR) is a professional trade organization representing over 4,000 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula and in the South Bay. SILVAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in Silicon Valley.
The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.
Variations of this article have appeared in local area newspapers.
For further information, please email or call the SILVAR office at (408) 200-0100.