SJVUAPCD 4901-1 09/18/2014

RULE 4901 WOOD BURNING FIREPLACES AND WOOD BURNING HEATERS 

(Adopted July 15, 1993; Amended July 17, 2003; Amended October 16, 2008; 

Amended September 18, 2014) 

1.0 Purpose 

The purpose of this rule is to limit emissions of carbon monoxide and particulate matter 

from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. 

2.0 Applicability 

This rule applies to: 

2.1 Any person who manufactures, sells, offers for sale, or operates a wood burning 

fireplace, wood burning heater, or outdoor wood burning device. 

2.2 Any person who sells, offers for sale, or supplies wood intended for burning in a 

wood burning fireplace or wood burning heater. 

2.3 Any person who transfers or receives a wood burning heater as part of a real 

property sale or transfer. 

2.4 Any person who installs a wood burning fireplace or wood burning heater in a new 

residential development. 

3.0 Definitions 

3.1 APCO: the Air Pollution Control Officer of the San Joaquin Valley Unified Air 

Pollution Control District. 

3.2 ASTM: the American Society for Testing and Materials. 

3.3 Consumer: any person other than a distributor or a retailer who buys a wood 

burning fireplace, wood burning heater, or outdoor wood burning device. 

3.4 Distributor: any person other than a manufacturer or a retailer who sells, offers 

for sale, or supplies wood burning fireplaces, wood burning heaters, or outdoor 

wood burning devices to retailers or others for resale. 

3.5 EPA: the United States Environmental Protection Agency. 

3.6 EPA Certified: meets the performance and emissions standards set forth in the 

NSPS. 
SJVUAPCD 4901-2 09/18/2014

3.7 Garbage: any solid, semisolid, and liquid wastes generated from residential, 

commercial, and industrial sources, including trash, refuse, rubbish, industrial 

wastes, asphaltic products, manure, vegetable or animal solid or semisolid wastes, 

and other discarded solid or semisolid wastes. 

3.8 Low Mass Fireplace: any fireplace and attached chimney, as identified in ASTM 

E 2558-7, “Determining Particulate Matter Emissions from Fires in Low Mass 

Wood-burning Fireplaces,” that can be weighed (including the weight of the test 

fuel) on a platform scale. 

3.9 Manufacturer: any person who constructs or imports a wood burning fireplace or 

wood burning heater. 

3.10 Masonry Heater: any site-built or site-assembled, wood burning heating device 

constructed mainly of masonry materials in which the heat from intermittent fires 

burned rapidly in its firebox is stored in its structural mass for slow release to the 

site. Such wood burning heating devices must meet all federal requirements and 

be designed and constructed per specifications set forth in ASTM E 1602-3, 

“Guide for Construction of Solid Fuel Burning Masonry Heaters.” 

3.11 New Residential Development: any single or multi-family housing unit, for which 

construction began on or after January 1, 2004. Construction began when the 

foundation for the structure was constructed. 

3.12 New Wood Burning Heater: any wood burning heater that has not been sold, 

supplied, or exchanged for the first time by the manufacturer, the manufacturer's 

distributor or agency, or a retailer. 

3.13 Normal Operating Conditions: the operation of a wood burning heater as 

defined in this rule, except when a fire is started in the wood burning heater, 

when fuel is added to the wood burning heater, and when the fire is being 

extinguished. Visible smoke produced during these three events shall not 

exceed fifteen minutes per event. 

3.14 NSPS: New Source Performance Standard. For purposes of this rule the NSPS 

is the Code of Federal Regulations, Part 60, Title 40, Subpart AAA. 

3.15 Outdoor Wood Burning Device: any wood burning fireplace, or other device 

designed to burn wood, and that is located outside of a building or structure. 

This includes, but is not limited to, burn bowls, fire rings/pits, and chimineas. 

This does not include fire pits at state parks, national parks, or national forests. 

3.16 Paints: any exterior and interior house and trim paints, enamels, varnishes, 

lacquers, stains, primers, sealers, undercoaters, roof coatings, wood preservatives, 

shellacs, and other paints or paint-like products. 
SJVUAPCD 4901-3 09/18/2014

3.17 Paint Solvents: any organic solvents sold or used to thin paints or clean up 

painting equipment. 

3.18 Pellet-Fueled Wood Burning Heater: any wood burning heater manufactured for 

the purpose of heating a space and is intended to operate on pellet fuel. 

 

3.19 Pellet Fuel: includes, but is not limited to, compressed sawdust, compressed paper 

products, and compressed forest residue, wood chips and other waste biomass, 

ground nut-hulls and fruit pits, corn, and cotton seed. 

3.20 Permanently Inoperable: modified in such a way that a wood burning heater can 

no longer operate as a wood burning heater. 

3.21 PM: particulate matter. PM2.5 has an aerodynamic diameter equal to or less than 

2.5 microns. PM10 has an aerodynamic diameter equal to or less than 10 

microns. 

3.22 Real Property: the land itself and anything that is permanently affixed to the 

land, such as buildings, and structures. Examples of real property include 

heating and air conditioning systems, water lines, or electrical systems that 

primarily are used to control the environment for people and to benefit the land. 

3.23 Retailer: any person engaged in the sale of wood burning fireplaces, wood 

burning heaters, or outdoor wood burning devices directly to the consumer. 

3.24 Seasoned Wood: wood of any species that has been sufficiently dried so as to 

contain 20 percent or less moisture by weight. 

3.25 Treated Wood: wood of any species that has been chemically impregnated, 

painted, or similarly modified to improve resistance to insects or weathering. 

3.26 Used Wood Burning Heater: any wood burning heater that has been used at least 

once, except wood burning heaters that have been used by retailers for the purpose 

of demonstration. 

3.27 Waste Petroleum Product: any petroleum product other than gaseous fuels that has 

been refined from crude oil, and has been used, and, as a result of use, has been 

contaminated with physical or chemical impurities. 

3.28 Wood Burning Fireplace: any permanently installed masonry or factory built 

wood burning device designed to be used with an air-to-fuel ratio greater than or 

equal to 35-to-1. 
SJVUAPCD 4901-4 09/18/2014

3.29 Wood Burning Heater: an enclosed, wood burning appliance capable of and 

intended for space heating (i.e. wood stove, pellet-fueled wood burning heater, or 

wood burning fireplace insert). 

3.30 Wood Burning Season: for purposes of this rule, the months of November, 

December, January, and February. 

4.0 Exemptions 

The following devices are exempt from the provisions of this rule: 

4.1 Devices that are exclusively gaseous-fueled. 

4.2 Cookstoves, as described in Code of Federal Regulations 60.531. 

4.3 Any burning occurring on the ground is open burning and is subject to 

requirements of District Rule 4103. 

5.0 Requirements 

5.1 Sale or Transfer of Wood Burning Heaters 

5.1.1 New wood burning heaters 

No person shall advertise, sell, offer for sale, supply, install, or transfer 

a new wood burning heater unless it is either: 

 

5.1.1.1 EPA certified with a Phase II Certification or a more stringent 

certification as currently enforced in the NSPS at the time of 

sale or transfer, or 

5.1.1.2 A pellet-fueled wood burning heater that is exempt from EPA 

certification pursuant to requirements in the NSPS, until such 

time that amendments to the NSPS are finalized to remove 

exemptions for pellet-fueled wood burning heaters, then all 

new wood burning heaters must comply with Section 5.1.1.1. 

5.1.2 Used wood burning heaters 

No person shall advertise, sell, offer for sale, supply, install, or transfer 

a used wood burning heater unless it has been rendered permanently 

inoperable, satisfies requirements pursuant to Section 5.1.1, or is a low 

mass fireplace, masonry heater, or other wood-burning device of a make 

and model that meets all federal requirements and has been approved in 

writing by the APCO. 
SJVUAPCD 4901-5 09/18/2014

5.1.3 Public Awareness Information 

 Retailers selling or offering for sale new wood burning heaters shall 

supply public awareness information with each sale of a wood burning 

heater in the form of pamphlets, brochures, or fact sheets on the 

following topics listed in Sections 5.1.3.1 through 5.1.3.6. Public 

awareness information shall be subject to the review and approval of the 

APCO. 

5.1.3.1 Proper installation, operation, and maintenance of the wood 

burning heater, 

5.1.3.2 Proper fuel selection and use, 

5.1.3.3 Health effects from wood smoke, 

5.1.3.4 Weatherization methods for the home, 

5.1.3.5 Proper sizing of wood burning heaters, and 

5.1.3.6 Episodic Wood Burning Curtailment levels as defined in 

Section 5.6. 

5.1.4 Sections 5.1.1 and 5.1.2 do not apply to wood burning heaters subject to 

Section 5.2. 

5.2 Sale or Transfer of Real Property 

5.2.1 No person shall sell or transfer any real property which contains a wood 

burning heater without first assuring that each wood burning heater 

included in the real property is: 

5.2.1.1 EPA Phase II Certified or has a more stringent certification 

under the NSPS at time of purchase or installation, or 

5.2.1.2 A pellet-fueled wood burning heater that was exempt from 

EPA Certification pursuant to requirements in the NSPS at the 

time of purchase or installation, or 

5.2.1.3 Rendered permanently inoperable. 

5.2.2 Upon the sale or transfer of real property, the seller shall provide to the 

recipient of the real property, and to the APCO, documentation of 

compliance with Section 5.2.1. Documentation shall be in the form of a 

statement signed by the seller describing the type(s) of wood burning 
SJVUAPCD 4901-6 09/18/2014

heater(s) included in the real property transaction, and any action taken to 

comply with Section 5.2.1. The APCO shall make blank forms available 

to the public for the purpose of fulfilling this requirement. 

5.2.3 Documents required by Section 5.2.2 shall be retained by the recipient of 

the real property and shall be made available to the APCO upon request. 

5.3 Limitations on Wood Burning Fireplaces or Wood Burning Heaters in New 

Residential Developments 

5.3.1 Effective until December 31, 2014 

5.3.1.1 No person shall install a wood burning fireplace in a new 

residential development with a density greater than two (2) 

dwelling units per acre. 

5.3.1.2 No person shall install more than two (2) EPA Phase II 

Certified wood burning heaters per acre in any new 

residential development with a density equal to or greater 

than three (3) dwelling units per acre. 

5.3.1.3 No person shall install more than one (1) wood burning 

fireplace or wood burning heater per dwelling unit in any 

new residential development with a density equal to or less 

than two (2) dwelling units per acre. 

5.3.2 Effective on and after January 1, 2015 

5.3.2.1 No person shall install a wood burning fireplace in a 

residential development with a density greater than two (2) 

dwelling units per acre. 

5.3.2.2 No person shall install more than two (2) EPA Phase II 

Certified or more stringent certification as currently enforced 

under the NSPS, wood burning heaters per acre in any 

residential development with a density greater than two (2) 

dwelling units per acre. 

5.3.2.3 No person shall install more than one (1) wood burning 

fireplace or EPA Phase II Certified or more stringent 

certification, as currently enforced under the NSPS, per 

dwelling unit in any residential development with a density 

equal to or less than two (2) dwelling units per acre. 
SJVUAPCD 4901-7 09/18/2014

5.4 Advertising Requirements for Sale of Wood 

5.4.1 No person shall sell, offer for sale, or supply any wood which is orally 

or in writing, advertised, described, or in any way represented to be 

“seasoned wood” unless the wood has a moisture content of 20 percent 

or less by weight. 

5.4.2 The APCO may delegate to another person or agency the authority to test 

wood for moisture content and determine compliance with Section 5.4.1. 

5.5 Prohibited Fuel Types 

No person shall cause or allow any of the following materials to be burned in a 

wood burning fireplace, wood burning heater, or outdoor wood burning device: 

5.5.1 Garbage, 

5.5.2 Treated wood, 

5.5.3 Plastic products, 

5.5.4 Rubber products, 

5.5.5 Waste petroleum products, 

5.5.6 Paints and paint solvents, 

5.5.7 Coal, or 

5.5.8 Any other material not intended by a manufacturer for use as fuel in a 

wood burning fireplace, wood burning heater, or outdoor wood burning 

device. 

5.6 Episodic Wood Burning Curtailment 

This section shall be in effect annually during the months of November through 

February. 

5.6.1 Level One Episodic Wood Burning Curtailment 

 The APCO shall declare a Level One Episodic Wood Burning 

Curtailment for a geographic region whenever the potential for a PM2.5 

concentration is forecast to equal or exceed 20 μg/m3 but not exceed 65 

μg/m3 for the geographic region. 
SJVUAPCD 4901-8 09/18/2014

5.6.1.1 A wood burning fireplace, low mass fireplace, masonry 

heater, outdoor wood burning device, or nonregistered 

wood burning heater shall not be operated within the 

geographic region for which a Level One Episodic Wood 

Burning Curtailment is in effect. 

5.6.1.2 A wood burning heater that has an approved and current 

registration with the District may be operated within the 

geographic region for which a Level One Episodic Wood 

Burning Curtailment is in effect provided the wood burning 

heater: 

5.6.1.2.1 Is not fired on a prohibited fuel type pursuant 

to Section 5.5, 

5.6.1.2.2 Is maintained according to manufacturer 

instructions, 

5.6.1.2.3 Is operated according to manufacturer 

instructions, and 

5.6.1.2.4 Has no visible smoke when operated under 

normal operating conditions. 

 

5.6.2 Level Two Episodic Wood Burning Curtailment 

 The APCO shall declare a Level Two Episodic Wood Burning 

Curtailment for a geographic region whenever the potential for a 

PM2.5 concentration of greater than 65 μg/m3 or for a PM10 

concentration of 135 μg/m3 or greater is predicted for the geographic 

region. No person within the geographic region for which a Level 

Two Episodic Wood Burning Curtailment has been declared shall 

operate a wood burning fireplace, low mass fireplace, masonry heater, 

wood burning heater, or outdoor wood burning device when a Level 

Two Episodic Wood Burning Curtailment is in effect. 

5.6.3 The following wood burning fireplaces and wood burning heaters are not 

subject to the provisions of Section 5.6.1 and 5.6.2: 

5.6.3.1 Those in locations where natural gas service is not available. 

For the purposes of this rule, propane and butane are not 

considered natural gas, or 

 
SJVUAPCD 4901-9 09/18/2014

5.6.3.2 Those for whom a wood burning fireplace or wood burning 

heater is the sole available source of heat in a residence. This 

includes times of temporary service outages, as determined by 

the gas or electrical utility service. 

5.6.4 Episodic Wood Burning Curtailment Notice 

The APCO shall notify the public of each Episodic Wood Burning 

Curtailment by any of the following methods: 

5.6.4.1 Provide notice to newspapers of general circulation within the 

San Joaquin Valley. 

5.6.4.2 Broadcast of messages presented by radio or television 

stations operating in the San Joaquin Valley. 

5.6.4.3 A recorded telephone message for which the telephone 

number is published. 

5.6.4.4 Messages posted on the District’s website, 

www.valleyair.org. 

5.6.4.5 Any other method as the APCO determines is appropriate. 

5.7 Registration of Wood Burning Heaters 

5.7.1 Eligibility for Registration 

 A wood burning heater is eligible to be registered with the District 

provided it is either: 

5.7.1.1 EPA certified with a Phase II Certification or has a more 

stringent certification as currently enforced under the NSPS at 

the time of purchase or installation, or 

5.7.1.2 A pellet-fueled wood burning heater exempt from EPA 

certification requirements pursuant to requirements in the 

NSPS at the time of purchase or installation. 

5.7.1.3 Wood burning heaters which do not meet the requirements of 

Section 5.7.1.1 or 5.7.1.2 are ineligible for registration. 

5.7.1.4 Any registration of a wood burning heater which does not 

meet eligibility requirements is invalid. 
SJVUAPCD 4901-10 09/18/2014

5.7.2 Interim Registration of Wood Burning Heaters 

5.7.2.1 For the wood burning season of 2014/2015 only, an Interim 

Registration program will be in place. A wood burning 

heater may participate in the Interim Registration program 

provided the wood burning heater: 

5.7.2.1.1 Meets the eligibility requirements pursuant to 

Section 5.7.1, 

5.7.2.1.2 Is registered in the Interim Registration program 

prior to use during Level One Episodic Wood 

Burning Curtailments, and 

5.7.2.1.3 Is operated in compliance with Section 5.5 and 

Section 5.6. 

5.7.2.2 Any interim registration of a wood burning heater which does 

not meet qualifications pursuant to Section 5.7.1 is invalid. 

5.7.2.3 Any interim registration of a wood burning heater may be 

disqualified pursuant to Section 5.9. 

5.7.3 Registration Process 

 Effective during and after the 2015/2016 wood burning season, persons 

applying to register a wood burning heater shall: 

5.7.3.1 Submit a completed application and supplemental 

documentation demonstrating compliance with the eligibility 

requirements specified in Section 5.7.1 to the District. 

Supplemental documentation shall include the following: 

5.7.3.1.1 Receipt or invoice from the installation or 

purchase that includes the manufacturer and 

model name of the wood burning heater, or 

5.7.3.1.2 A certification from a District Registered Wood 

Burning Heater Professional verifying that the 

wood burning heater meets eligibility 

requirements pursuant to Section 5.7.1. 

5.7.3.1.3 If the wood burning heater was purchased and/or 

installed more than one year prior to registration 

with the District, the person must show proof of 
SJVUAPCD 4901-11 09/18/2014

inspection of the wood burning heater from a 

District Registered Wood Burning Heater 

Professional. 

5.7.3.2 Pay a registration fee as required by Section 3.0 of Rule 3901 

(Fees for Registration of Wood Burning Heaters). 

5.7.3.3 Operate the wood burning heater in compliance with the 

requirements in Section 5.5 and Section 5.6. 

5.8 Renewal of Registration 

5.8.1 Registration shall be valid for a period of up to three wood burning 

seasons from the date of registration issuance, unless the holder of the 

certificate is disqualified pursuant to Section 5.9. 

5.8.2 Registration may be renewed by complying with the following 

requirements: 

5.8.2.1 Complete and submit to the District a Registration Renewal 

application with verification that the wood burning heater has 

been inspected by District Registered Wood Burning Heater 

Professional to verify that it is maintained pursuant to 

manufacturer specifications. 

5.8.2.2 Payment of a registration renewal fee as required by Section 

4.0 of Rule 3901. 

5.8.3 Failure to comply with Sections 5.8.1 or 5.8.2 may result in 

disqualification of registration. 

5.9 Disqualification of Registration 

5.9.1 If the District finds a registered wood burning heater is operated in 

violation of the requirements of this rule, the registration may be 

disqualified, provided that notice and an opportunity for an office 

conference was afforded pursuant to Section 5.9.4. 

5.9.2 A registration disqualified pursuant to Section 5.9.1 may be reinstated if 

subsequent to the disqualification the operator of the wood burning heater 

demonstrates compliance with the requirements of Section 5.5 and 

Section 5.6. 

5.9.3 Persons with a disqualified registration pursuant to Section 5.9.1 may 

appeal the determination by petitioning to the APCO. 
SJVUAPCD 4901-12 09/18/2014

5.9.4 Notice of Preliminary Disqualification Determination 

If the District makes a preliminary determination that a registered unit is 

in violation of Section 5.0, the following actions shall be taken: 

5.9.4.1 Notify the person who registered the wood burning heater, in 

writing, that the District has made a preliminary 

disqualification determination and pursuant to Section 5.9.1 

the District may cancel the registration 30 calendar days after 

the date on the notice. The notice shall include all of the 

relevant facts relating to the preliminary determination that 

are known to the District at the time of the notice. 

5.9.4.2 Request as part of the notification required by Section 5.9.4.1 

that the person who registered the wood burning heater confer 

with the District, in an office conference within 30 calendar 

days of the date on the notice to discuss the facts relating to 

the preliminary disqualification determination. 

5.9.4.3 Conduct the office conference required by Section 5.9.4.2 

provided that the person who registered the wood burning 

heater accepts the request for the office conference. 

5.9.5 Setting Aside a Disqualification 

A disqualification determination pursuant to Section 5.9.1 shall be set 

aside by the APCO if the petitioner demonstrates to the satisfaction of the 

APCO that the violations forming the basis for the disqualification were 

the result of circumstances beyond the reasonable control of the petitioner 

and could not have been prevented by the exercise of reasonable care. 

5.10 Registration of Wood Burning Heater Professionals 

5.10.1 To qualify to register as a Wood Burning Heater Professional with the 

District the applicant must meet one of the following criteria; this must 

be active, valid, and current: 

5.10.1.1 Fireplace Investigation Research and Education (F.I.R.E.) 

Certified Inspector, or 

5.10.1.2 Chimney Safety Institute of America (CSIA) certification, or 

5.10.1.3 National Fireplace Institute (NFI) certification, or 
SJVUAPCD 4901-13 09/18/2014

5.10.1.4 A person determined to be qualified to perform inspections, 

maintenance, and cleaning activities on wood burning heaters 

by the APCO. 

5.10.2 Persons applying to register as a Wood Burning Heater Professional with 

the District shall: 

5.10.2.1 Submit a completed application for registration to the District. 

5.10.2.2 Submit any necessary supplemental documents as determined 

by the APCO as necessary to verify statements and 

qualifications as presented in the application for registration. 

5.10.2.3 If the applicant does not have a certification pursuant to 

Sections 5.10.1.1 through 5.10.1.3 the applicant may submit 

an application to the APCO with supplemental documentation 

verifying that the applicant meets the certification standards as 

required by certifications pursuant to Sections 5.10.1.1 

through 5.10.1.3. 

5.10.3 Registration as a Wood Burning Heater Professional with the District is 

valid for up to three years from the date of issuance. 

5.10.4 The District shall maintain a list of registered Wood Burning Heater 

Professionals on the District web page. 

5.11 Inspection of Registered Wood Burning Heaters 

The District has the right of entry for the purpose of inspecting any wood burning 

heater registered with the District in order to enforce or administer this rule. 

6.0 Administrative Requirements 

6.1 Upon request of the APCO, the manufacturer shall demonstrate that each wood 

burning heater subject to the requirements of Sections 5.1 or 5.2 is compliant 

with said requirements. 

6.2 The person who registers the wood burning heater shall retain a copy of the 

District issued registration and make it available upon request. 

 
SJVUAPCD 4901-14 09/18/2014

7.0 Test Methods 

 

7.1 Moisture content of wood shall be determined by the current version of ASTM 

Test Method D 4442. 

7.2 Compliance with visible-smoke free operation of the wood burning heater 

pursuant to Section 5.6 shall be determined using EPA Method 22 (Visible 

Determination of Fugitive Emissions from Material Sources and Smoke 

Emissions from Flares).