Duraflame Burned in Court

You! Put it out!

​Last month, SF Weekly reported on just what happens if you light a fire on a Spare the Air Day: They ask you not to. Then, if you're busted a second time, you're out $400.

And while the Bay Area Air Quality Management District uses the term "wood fires," there's a broad variety of things one is legally mandated not to torch: "Burning wood, firelogs, pellets, or any other solid fuels in your fireplace, woodstove, or other wood-burning device is illegal."

The Duraflame company -- which manufactures the aforementioned "firelogs," took issue, and sued the Bay Area Air Quality Management District in 2009. Yesterday, however, the log company's legal endeavor was quenched by the state Supreme Court in San Francisco.

While Duraflame claimed its product was cleaner-burning than wood and, therefore, should not be included in Winter Spare the Air Day's ban, a series of judges disagreed. The company was doused in Alameda County Superior Court judge and the First District Court of Appeal before being snuffed last month in the state Supreme Court. On Monday, the state's highest court declined to hear Duraflame's appeal.

As of December, by the way, eight people -- count 'em, eight -- have been fined the $400 for enjoying fires on Bay Area Winter Spare the Air Days. No news on what they were burning.

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