445-1 

Adopted March 7, 2008 

RULE 445. WOOD BURNING DEVICES

(a) Purpose 

The purpose of this rule is to reduce the emission of particulate matter from wood 

burning devices. 

(b) Applicability 

The provisions of this rule shall apply to specified persons or businesses within 

the South Coast Air Basin portion of the South Coast Air Quality Management 

District: 

(1) Any person that manufacturers, sells, or offers for sale, or installs a wood 

burning device; 

(2) Any commercial firewood facility that sells, offers for sale, or supplies 

wood intended for burning in a wood burning device or portable outdoor 

wood burning device; and 

(3) Any land owner or land occupier that operates a wood burning device or 

portable outdoor wood burning device. 

(c) Definitions

(1) COMMERCIAL FIREWOOD FACILITY means any operation that has a 

business license that sells, or offers for sale, bulk firewood. 

(2) COOKSTOVE means any wood-fired device used primarily for cooking 

food as defined in Title 40 of the Code of Federal Regulations Section 

60.531, February 28, 1988, or subsequently revised. 

(3) DEDICATED GASEOUS-FUELED FIREPLACE means a fireplace, 

including, but not limited to, a gas log fireplace, either constructed on-site, 

or factory built, fueled exclusively with a gaseous fuel such that the burner 

pan and associated equipment are affixed to the masonry or metal base of 

the fireplace. 

(4) FIREPLACE means any permanently installed masonry or factory-built 

device used for aesthetic or space-heating purposes and designed to 

operate with an air-to-fuel ratio greater than or equal to 35-to-1. 
Rule 445 (cont) (Adopted March 7, 2008) 

445-2

(5) LOW INCOME HOUSEHOLD means any household that receives 

financial assistance through reduced electric or gas bills from an electric 

or natural gas utility based on household income levels. 

(6) MANDATORY WOOD BURNING CURTAILMENT DAY means any 

calendar day so declared to the public by the Executive Officer when 

levels of particulate matter of 2.5 microns in size or less (PM2.5) is 

forecast to exceed 35 μg/m3. 

(7) MANUFACTURED FIRELOG means a commercial product expressly 

manufactured for use to simulate a wood burning fire in a wood burning 

device. 

(8) MASONRY HEATER means any permanently installed device that meets 

the definition of a masonry heater in ASTM E 1602-03. 

(9) NEW DEVELOPMENT means residential or commercial, single or multibuilding unit, which begins construction on or after March 9, 2009. For 

the purposes of this definition, construction has begun when the building 

permit has been approved or when the foundation for the structure is 

started, whichever occurs first. 

(10) PELLET-FUELED WOOD BURNING HEATER means any wood 

burning heater that is operated on any pellet-fuel, and is either U.S. EPA 

Phase II-certified or exempted under U.S. EPA requirements as defined in 

Title 40 Code of Federal Regulations, Part 60, Subpart AAA, February 28, 

1988, or subsequent revisions. 

(11) PERMANENTLY INSTALLED means any device built or installed in 

such a manner that the device is attached to the ground, floor, or wall, and 

is not readily moveable. A free standing stove that is attached to an 

exhaust system that is built into or through a wall is considered 

permanently installed. 

(12) PORTABLE OUTDOOR WOOD BURNING DEVICE means any 

portable outdoor device burning any solid fuel for aesthetic or space 

heating purposes including, but not limited to, fireplaces, burn bowls, and 

chimineas located on property zoned for residential uses. 

(13) SEASONED WOOD means wood of any species that has been 

sufficiently dried so as to contain 20 percent or less moisture content by 

weight as determined by ASTM Test Method D 4442-92 or a hand-held 

moisture meter operated in accordance with ASTM Test Method D 4444-

92, Standard Test Methods for Use and Calibration of Hand-Held 
Rule 445 (cont) (Adopted March 7, 2008) 

445-3

Moisture Meters or an alternative method approved by the Executive 

Officer, the California Air Resources Board, and the U.S. Environmental 

Protection Agency. 

(14) SOLE SOURCE OF HEAT means the only permanent source of heat that 

is capable of meeting the space heating needs of a household. 

(15) SOUTH COAST AIR BASIN means the non-desert portions of Los 

Angeles, Riverside, and San Bernardino counties and all of Orange 

County as defined in California Code of Regulations, Title 17, Section 

60104. 

(16) TREATED WOOD means wood of any species that has been chemically 

impregnated, painted, coated or similarly modified to improve resistance 

to insects or weathering. 

(17) U.S. EPA PHASE II-CERTIFIED WOOD BURNING HEATER means 

any device certified by the U.S. EPA to meet the performance and 

emission standards as defined in Title 40 Code of Federal Regulations, 

Part 60, Subpart AAA, February 28, 1988, or subsequent revisions. 

(18) WOOD BURNING DEVICE means any fireplace, wood burning heater, 

or pellet fueled wood heater, or any similarly enclosed, permanently 

installed, indoor or outdoor device burning any solid fuel for aesthetic or 

space-heating purposes, which has a heat input of less than one million 

British thermal units per hour (Btu/hr). 

(19) WOOD BURNING HEATER means an enclosed, wood burning device 

capable of space heating that meets all the criteria defined in Title 40 

Code of Federal Regulations Section 60.531, February 28, 1988, or 

subsequent revisions including, but not limited to, wood stoves and wood 

burning fireplace inserts. 

(20) WOOD BURNING SEASON means the consecutive entire months of 

November, December, January, and February. 

(d) Requirements 

(1) No person shall install a permanently installed wood burning device into 

any new development. 

(2) Notwithstanding the requirements of paragraph (d)(1), effective 

September 8, 2008, no person shall sell, offer for sale, supply, or install, a 

new or used permanently installed indoor or outdoor wood burning device 

or gaseous-fueled device unless it is one of the following: 
Rule 445 (cont) (Adopted March 7, 2008) 

445-4

(A) A U.S. EPA Phase II-Certified wood burning heater; or 

(B) A pellet-fueled wood burning heater; or 

(C) A masonry heater; or 

(D) A wood burning device or fireplace determined to meet the U.S. 

EPA particulate matter emission standard established by Title 40 

Code of Federal Regulations, Part 60, Subpart AAA, February 28, 

1988 or subsequent revisions; or 

(E) A dedicated gaseous-fueled fireplace. 

(3) No person shall burn any product not intended for use as fuel in a wood 

burning device including, but not limited to, garbage, treated wood, 

particle board, plastic products, rubber products, waste petroleum 

products, paints, coatings or solvents, or coal. 

(4) A commercial firewood facility shall only sell seasoned wood from July 1 

through the end of February the following year. Any commercial 

firewood facility may sell seasoned as well as non-seasoned wood during 

the remaining months. 

(e) Wood Burning Curtailment Program (effective during the months of November, 

December, January, and February) 

Effective beginning November 1, 2011, no person shall operate an indoor or 

outdoor wood burning device or portable outdoor wood burning device when a 

mandatory wood burning curtailment day is forecast for their specific region 

within the South Coast Air Basin. 

(f) Exemptions 

(1) The provisions of this rule shall not apply to cookstoves. 

(2) The provisions of paragraph (d)(1) shall not apply to new developments 

where there is no existing infrastructure for natural gas service within 150 

feet of the property line or those 3,000 or more feet above mean sea level. 

(3) The provisions of paragraph (d)(2) shall not apply to an indoor or outdoor 

wood burning device that is permanently installed and included in the sale 

or transfer of any existing development. 

(4) The provisions of (d)(2) shall not apply to properties that are registered as 

a historical site, or are contributing structures located in a Historic 

Preservation Overlay Zone, as determined by the applicable, federal, 

State, or local agency. Contributing structures are those buildings which 
Rule 445 (cont) (Adopted March 7, 2008) 

445-5

are examples of the predominate styles of the area, built during the time 

period when the bulk of the structures were built in the Historic 

Preservation Overlay Zone. 

(5) The provisions of (d)(3) shall not apply to manufactured firelogs. 

(6) The provisions of subdivision (e) shall not apply under the following 

circumstances: 

(A) Residential or commercial properties where a wood burning device 

is the sole source of heat; or 

(B) A low income household; or 

(C) Residential or commercial properties where there is no existing 

infrastructure for natural gas service within 150 feet of the 

property line; or 

(D) Residential or commercial properties located 3,000 or more feet 

above mean sea level; or 

(E) Ceremonial fires exempted under Rule 444 - Open Burning. 

(g) Administrative Requirements 

The Executive Officer will provide public notice of a mandatory wood burning 

curtailment through one or more of the following methods: 

(1) A recorded telephone message; 

(2) Messages posted on the South Coast Air Quality Management District 

web site; 

(3) Electronic mail messages to persons or entities that have requested 

electronic notice; 

(4) Notifying broadcast and print media operating within the boundaries of 

the South Coast Air Basin; and 

(5) Any additional method that the Executive Officer determines is 

appropriate. 

(h) Penalties 

Any person that violates the provisions of subdivision (e) is subject to the 

following: 

(1) For first time violators during each wood burning season, attendance at a 

wood smoke awareness course that has been approved by the Executive 

Officer or payment of a penalty of $50; 
Rule 445 (cont) (Adopted March 7, 2008) 

445-6

(2) For second time violators during each wood burning season, payment of a 

penalty of $150 or submission of proof of installation of a dedicated 

gaseous-fueled fireplace within 90 days after receiving the notice of 

violation; and 

(3) For third time violators during each wood burning season, payment of a 

penalty of $500 or implementation of an environmentally beneficial 

project as derived through the mutual settlement process.