RULE 4901 WOOD BURNING FIREPLACES AND WOOD BURNING HEATERS 

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

1.0 Purpose 

The purposes of this rule are to limit emissions of carbon monoxide and particulate matter 

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

and to establish a public education program to reduce wood burning emissions. 

2.0 Applicability 

This rule applies to: 

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

fireplace or wood burning heater. 

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 stove or 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 Phase II Certified: meets the performance and emissions standards set forth in 

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

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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, solid-fueled 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 solid-fueled heating devices must meet the design and construction 

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 Outdoor Wood Burning Device: any wood burning fireplace, wood burning 

stove, or other device designed to burn wood that is located outside of a 

building or structure. This includes, but is not limited to, burn bowls, fire pits, 

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

national forests. 

3.14 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. 

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

equipment. 

3.16 Pellet-Fueled Wood Burning Heater: any wood burning heater which operates on 

pellet-fuel and is either EPA-certified or is exempted under EPA requirements set 

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

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

forest residue, wood chips and other waste biomass, ground nut-hulls and fruit pits, 

corn, and cotton seed. 

3.18 Permanently Inoperable: modified in such a way that a device can no longer 

operate as a wood burning heater. 

3.19 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. 

3.20 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. 

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

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

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

contain 20 percent or less moisture by weight. 

3.23 Sole Source: the only source of heat in a residence. 

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

or similarly modified to improve resistance to insects or weathering. 

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

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

demonstration. 

3.26 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. 

3.27 Wood Burning Fireplace: any permanently installed masonry or factory built device 

designed to be used with an air-to-fuel ratio greater than or equal to 35-to-1. 

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

intended for space heating (i.e. wood stove or wood burning fireplace insert). 

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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. 

5.0 Requirements 

5.1 Sale of Wood Burning Heaters 

5.1.1 No person shall sell, offer for sale, supply, install, or transfer a new wood 

burning heater unless it is EPA Phase II Certified, or is a pellet-fueled 

wood burning heater. 

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

used wood burning heater unless it has been rendered permanently 

inoperable, or is EPA Phase II Certified, or is a pellet-fueled wood burning 

heater, or is a low mass fireplace, masonry heater, or other wood-burning 

device of a make and model that meets EPA emission targets and has been 

approved in writing by the APCO. 

5.1.3 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 5.1.3.5. 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, and 

5.1.3.5 Proper sizing of wood burning heaters. 

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

Section 5.2. 

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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 EPA Phase II Certified, a pellet fueled wood 

burning heater, permanently rendered inoperable, or removed and rendered 

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 of this rule. Documentation shall be in the 

form of a statement signed by the seller describing the type(s) of wood 

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

development with a density greater than two (2) dwelling units per acre. 

5.3.2 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. 

5.3.3 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. 

5.4 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. 

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5.5 Prohibited Fuel Types 

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

wood burning fireplace or wood burning heater: 

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 solid 

fuel burning device. 

5.6 Episodic Wood Burning Curtailment 

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

5.6.1 No person shall operate a wood burning fireplace, wood burning heater, or 

outdoor wood burning device whenever the APCO notifies the public that 

an Episodic Curtailment is in effect for the geographic region in which the 

wood burning fireplace or wood burning heater is located. 

5.6.2 The APCO shall notify the public of an Episodic Curtailment for a 

geographic region whenever the potential for a PM2.5 concentration of 30 

μg/m3 or greater or for a PM10 concentration of 135 μg/m3 or greater is 

predicted for the geographic region. 

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

subject to the provisions of Section 5.6.1: 

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

the purposes of this rule, propane is not considered natural gas. 

5.6.3.2 Those that are the sole source of heat in a residence. This includes 

times of temporary service outages, as determined by the gas or 

electrical utility service. 

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5.6.4 Episodic Curtailment Notice 

The APCO shall notify the public of each Episodic 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 in the telephone directory or newspaper of general 

circulation within the San Joaquin Valley. 

5.6.4.4 Messages posted on the District’s website, www.valleyair.org. 

5.6.4.5 Any other such method as the APCO determines is appropriate. 

5.6.5 Contingency Provision 

 

 Notwithstanding Section 5.6.2, on and after sixty days following the 

effective date of EPA final rulemaking that the San Joaquin Valley Air 

Basin has failed to attain the 1997 PM2.5 National Ambient Air Quality 

Standards by the applicable deadline, the APCO shall notify the public of 

an Episodic Curtailment for a geographic region whenever a PM2.5 

concentration of 20 μg/m3 or greater or a PM10 concentration of 135 

μg/m3 is predicted for the geographic region.

6.0 Administrative Requirements 

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

heater subject to the requirements of Sections 5.1 or 5.2 meets EPA's Phase II 

certification standards as applicable. 

6.2 Moisture content of wood shall be determined by ASTM Test Method D 4442-92. 

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