MARICOPA COUNTY ORDINANCE 

P–26 

RESIDENTIAL WOODBURNING RESTRICTION 

INDEX 

SECTION 1 – GENERAL 

A. PURPOSE 

B. APPLICABILITY 

SECTION 2 – DEFINITIONS 

A. ADEQUATE SOURCE OF HEAT 

B. APPROVED WOODBURNING DEVICE 

C. AREA A 

D. BURN-DOWN PERIOD 

E. CARBON MONOXIDE (CO) STANDARD 

F. CHIMNEY 

G. INAPPROPRIATE FUEL 

H. NONATTAINMENT AREA 

I. OUTDOOR FIRE PITS 

J. OZONE STANDARD 

K. PARTICULATE MATTER NO-BURN STANDARD 

L. PARTICULATE MATTER STANDARDS 

M. RESIDENTIAL WOODBURNING DEVICE 

N. RESTRICTED-BURN PERIOD 

O. SOLE SOURCE OF HEAT 

P. WOODBURNING CHIMINEA 

SECTION 3 – BURNING RESTRICTIONS

A. RESTRICTED OPERATION DURING RESTRICTED-BURN PERIODS 

B. UNLAWFUL OPERATION 

C. LAWFUL OPERATION 

D. DECLARATION OF A RESTRICTED-BURN PERIOD 

E. VIOLATIONS, NOTICES, AND PENALTIES 

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SECTION 4 – EXEMPTIONS 

A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION 

B. TEMPORARY SOLE SOURCE OF HEAT EXEMPTION 

C. EMERGENCY EXEMPTION 

D. INADEQUATE ALTERNATE SOURCE OF HEAT EXEMPTION 

E. APPLICATION FOR AN EXEMPTION 

F. ACTION ON AN EXEMPTION APPLICATION 

P-26.2 
Adopted 10/05/94 

Revised 04/21/99 

Revised 11/17/99 

Revised 03/26/08 

MARICOPA COUNTY ORDINANCE 

P–26 

RESIDENTIAL WOODBURNING RESTRICTION 

SECTION 1 – GENERAL 

A. PURPOSE: The Residential Woodburning Restriction Ordinance restricts residential 

woodburning in a non-approved device, outdoor fire pits, woodburning chimineas, and 

similar outdoor fires when monitoring or forecasting indicates that air quality standards 

are likely to be exceeded. 

B. APPLICABILITY: The Residential Woodburning Restriction Ordinance applies to any 

residential woodburning device, outdoor fire pits, woodburning chimineas, and similar 

outdoor fires that are within Maricopa County or within incorporated cities and towns in 

such sections. The Residential Woodburning Restriction Ordinance does not apply to 

barbecue devices and mesquite grills. 

SECTION 2 – DEFINITIONS: For the purpose of this ordinance, the following definitions 

shall apply: 

A. ADEQUATE SOURCE OF HEAT – A permanently installed furnace or heating 

system, connected to or disconnected from its energy source, designed to heat utilizing 

oil, natural gas, electricity, or propane, and designed to maintain a minimum of 70° 

Fahrenheit at a point three feet above the floor in all normally inhabited areas of a 

residence. 

B. APPROVED WOODBURNING DEVICE – The following residential devices shall be 

approved woodburning devices, even though such devices may burn a solid fuel other 

than wood: 

1. A device that has been certified by the Environmental Protection Agency (EPA) as 

conforming to Phase II EPA Standards of Performance for Wood Heaters in 40 Code 

of Federal Regulations (CFR) 60, Subpart AAA as amended through July 1, 2006. 

2. Any pellet stove. 

3. Any gas burning hearth appliances, including a dedicated gas logset permanently 

installed in any kind of indoor or outdoor woodburning fireplace which is designed to 

burn exclusively natural gas or propane. 

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4. Any masonry heater or any other solid fuel burning device that meets performance 

standards that are equivalent to the standards in 40 CFR 60, Subpart AAA as 

amended through July 1, 2006, and that is approved by the Control Officer and the 

Administrator of EPA. 

C. AREA A – As defined in Arizona Revised Statutes (A.R.S.)§49-541(1), the area in 

Maricopa County delineated as follows: 

Township 8 North, Range 2 East and Range 3 East 

Township 7 North, Range 2 West through Range 5 East 

Township 6 North, Range 5 West through Range 6 East 

Township 5 North, Range 5 West through Range 7 East 

Township 4 North, Range 5 West through Range 8 East 

Township 3 North, Range 5 West through Range 8 East 

Township 2 North, Range 5 West through Range 8 East 

Township 1 North, Range 5 West through Range 7 East 

Township 1 South, Range 5 West through Range 7 East 

Township 2 South, Range 5 West through Range 7 East 

Township 3 South, Range 5 West through Range 1 East 

Township 4 South, Range 5 West through Range 1 East 

D. BURN-DOWN PERIOD – That period of time, not to exceed three hours after declaring 

a restricted-burn period, required for the cessation of combustion within any residential 

woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire by 

withholding fuel or by modifying the air-to-fuel ratio. 

E. CARBON MONOXIDE (CO) STANDARD – The maximum allowable eight-hour 

concentration that is nine parts of contaminant per million parts of air by volume (ppm).

F. CHIMNEY – A passage for smoke that is usually made of bricks, stone, or metal and 

often rises two feet above the roof of a building. An approved, factory-built chimney will 

have a label on each chimney connector and gas vent specifying that such chimney can 

be used for all fuels and will show the minimum safe clearances to combustibles. 

G. INAPPROPRIATE FUEL – Includes, but is not limited to: leaves, grass clippings, 

green plants, refuse, paper, rubbish, books, magazines, fiberboard, packaging, rags, 

fabrics, animal waste, animal carcasses, coal, waste oil, liquid or gelatinous 

hydrocarbons, tar, asphalt products, waste petroleum products, paints and solvents, 

chemically soaked wood, wood with a moisture content of greater than 20 percent, 

treated wood, plastic or plastic products, rubber or rubber products, office records, 

sensitive or classified wastes, or any substance which normally emits dense smoke or 

obnoxious odors other than paper to start the fire or properly seasoned wood. 

H. NONATTAINMENT AREA – An area so designated by the Administrator of the EPA, 

acting pursuant to Section 107 of the Clean Air Act, as exceeding national primary or 

secondary ambient air standards for a particular pollutant or pollutants. 

P-26.4 
I. OUTDOOR FIRE PITS – Any combustion of material outdoors, where solid fuels 

including wood or any other non-gaseous or non-liquid fuels are burned in the fuel bed, 

and the products of combustion are not directed through a flue or chimney.

J. OZONE STANDARD – The maximum allowable eight-hour concentration within a 24-

hour period (midnight to midnight) that is 0.08 parts of contaminant per million parts of 

air by volume (ppm). 

K. PARTICULATE MATTER NO-BURN STANDARD – If either of the following 

maximum allowable 24-hour concentrations is forecast for particulate matter: 

PM10 – 120 micrograms per cubic meter; 

PM2.5 – 30 micrograms per cubic meter. 

L. PARTICULATE MATTER STANDARDS – The maximum allowable 24-hour 

concentration that is: 

PM10 – 150 micrograms per cubic meter; 

PM2.5 – 35 micrograms per cubic meter. 

M. RESIDENTIAL WOODBURNING DEVICE – A woodburning device designed for 

solid fuel combustion so that usable heat is derived for the interior of a residence. These 

devices can be used for aesthetic or space-heating purposes. 

N. RESTRICTED-BURN PERIOD – A condition declared by the Control Officer 

whenever meteorological conditions are conducive to an accumulation of CO, ozone 

and/or particulate matter in exceedance of the standards or when air quality reaches other 

limits established by the Control Officer. 

O. SOLE SOURCE OF HEAT – One or more residential woodburning devices which 

constitute the only source of heat in a residence and/or the sole source of fuel for cooking 

for a residence. No residential woodburning device shall be considered the sole source of 

heat if the residence is equipped with a permanently installed furnace or heating system 

which utilizes oil, natural gas, electricity, or propane and which is designed to heat the 

residence whether or not such furnace or heating system is connected to or disconnected 

from its energy source. However, this definition shall not supersede municipal or County 

Building Code requirements as per authority of A.R.S. §§ 9-499.01, 9-240(B)(7), 9-

276(A)(13)–(A)(15), A.R.S. § 9-801 et seq.

P. WOODBURNING CHIMINEA – Chimineas are burning devices made from clay, 

aluminum, or steel and are used for warmth and aesthetics outside in yards and patios. 

Chimineas are designed to burn solid fuels. 

P-26.5 
SECTION 3 – BURNING RESTRICTIONS:

A. RESTRICTED OPERATION DURING RESTRICTED-BURN PERIODS: During a 

declared restricted-burn period, a person shall be restricted from operating a residential 

woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire, 

in sections of Area A that are within Maricopa County or within incorporated cities and 

towns in such sections. Exemptions to this requirement are described in Section 3(C) and 

Section 4 of this ordinance. 

B. UNLAWFUL OPERATION: A person shall: 

1. Not operate a residential woodburning device, an outdoor fire pit, a woodburning 

chiminea, or similar outdoor fire such that emissions to the atmosphere are visible 

during a restricted-burn period declared by the Control Officer. 

2. Not operate a residential woodburning device, an outdoor fire pit, a woodburning 

chiminea, or similar outdoor fire unless such residential woodburning device, outdoor 

fire pit, woodburning chiminea, or similar outdoor fire has been installed according to 

the instructions and restrictions specified by the manufacturer. 

3. Not use a fuel in a residential woodburning device, an outdoor fire pit, a woodburning 

chiminea, or similar outdoor fire except those fuels that are recommended by the 

manufacturer. 

4. Not burn inappropriate fuel in a residential woodburning device, an outdoor fire pit, a 

woodburning chiminea, or similar outdoor fire. 

C. LAWFUL OPERATION:

1. During a declared restricted-burn period, a person may operate a residential 

woodburning device if the Control Officer has issued an exemption for such device 

according to Section 4 of this ordinance and if no visible emissions to the atmosphere 

are produced after 20 consecutive minutes immediately following an ignition of or a 

refueling of such residential woodburning device. 

2. During a declared restricted-burn period, a person may operate a residential 

woodburning device if such device meets the requirements of Maricopa County Air 

Pollution Control Regulations Rule 318 (Approval of Residential Woodburning 

Devices) and if no visible emissions to the atmosphere are produced after 20 consecutive minutes immediately following an ignition of, or a refueling of, such residential 

woodburning device. 

3. During a declared restricted-burn period, a person may operate a residential 

woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire, 

if such device is designed to burn exclusively natural gas or propane. 

P-26.6 
D. DECLARATION OF A RESTRICTED-BURN PERIOD:

1. The Control Officer shall declare a restricted-burn period if, after reviewing available 

meteorological data, atmospheric conditions, and ambient temperatures, the Control 

Officer determines that air pollution levels could exceed the carbon monoxide (CO) 

standard, the ozone standard, and/or the particulate matter no-burn standard. 

2. A person responsible for a residential woodburning device, outdoor fire pit, 

woodburning chiminea, or similar outdoor fire, excluding those devices described in 

Section 3(C) of this ordinance, already in operation at the time a restricted-burn 

period is declared shall withhold new fuel from the residential woodburning device, 

outdoor fire pit, woodburning chiminea, or similar outdoor fire for the duration of the 

restricted-burn period. 

3. Any person operating or in control of a residential woodburning device, outdoor fire 

pit, woodburning chiminea, or similar outdoor fire in sections of Area A that are 

within Maricopa County or within incorporated cities and towns in such sections has 

a duty to know when a restricted-burn period has been declared. 

4. Notice of a restricted-burn period shall be distributed over the wire service to 

electronic and print media and/or announced by a recorded telephone message at least 

three hours before initiating any enforcement action for a violation of this ordinance. 

E. VIOLATIONS, NOTICES, AND PENALTIES: For purposes of this ordinance, and in 

accordance with A.R.S. §11-871(D): 

1. When the Control Officer has reasonable cause to believe that any person has violated 

or is in violation of any provision of this ordinance, the Control Officer shall issue, 

for the first violation of this ordinance, a warning notice which includes a summary of 

the Maricopa County Residential Woodburning Restriction Ordinance and 

information on proper woodburning techniques. 

2. The Control Officer may impose a civil penalty of $50 to any person who violates 

this ordinance for the second violation within a one year period after having been 

issued a warning notice for the first violation of this ordinance. 

3. For the third violation of this ordinance, the Control Officer may impose a civil 

penalty of $100. The Control Officer may impose a civil penalty of $250 for the 

fourth or any subsequent violation of this ordinance. After having been issued a 

citation for a violation of this ordinance, the violation may be refuted by 

demonstration that the smoke was not caused by a residential woodburning device, an 

outdoor fire pit, a woodburning chiminea, or similar outdoor fire or by proof of an 

exemption pursuant to Section 4 of this ordinance. 

4. Only those violations of this ordinance which have occurred within one year of a 

present offense shall be considered as prior violations. No person shall be cited for a 

P-26.7 
violation of this ordinance more than once in any calendar day. Each day of violation 

constitutes a separate offense. 

SECTION 4 – EXEMPTIONS 

A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION: The Control Officer may 

grant a residential sole source of heat exemption if the Control Officer determines that a 

residential woodburning device meets the criteria of sole source of heat as described in 

Section 2(O) of this ordinance. The recipient of a residential sole source of heat 

exemption must apply annually to the Control Officer for renewal of such exemption, if 

such exemption is still necessary. The Control Officer shall not issue a residential sole 

source of heat exemption after December 31, 1995. However, the Control Officer may 

renew a residential sole source of heat exemption if such exemption was issued before 

December 31, 1995 and if the residential woodburning device meets the criteria of sole 

source of heat as described in Section 2(O) of this ordinance. 

B. TEMPORARY SOLE SOURCE OF HEAT EXEMPTION: The Control Officer may 

issue a temporary sole source of heat exemption for economic or health reasons if the 

Control Officer determines that the applicant qualifies for financial assistance, according 

to the economic guidelines established under the Food Stamps, Medicaid, or low income 

energy assistance programs, as administered by the Income Support Division, or if the 

Control Officer determines that failure to grant a temporary sole source of heat 

exemption would endanger the health of the applicant. A temporary sole source of heat 

exemption shall not be issued for more than 150 days. 

C. EMERGENCY EXEMPTION: The Control Officer may issue an emergency 

exemption if the Control Officer determines that an emergency situation exists. An 

emergency exemption shall be valid for a period determined by the Control Officer, but 

shall not exceed one year from the date it is issued. An emergency situation shall include, 

but is not limited to, the following: 

1. A situation where a person demonstrates that his heating system, other than a 

residential woodburning device, is inoperable for reasons other than his own actions; 

or 

2. A situation where a person demonstrates that his heating system has been 

involuntarily disconnected by a utility company or other fuel supplier. 

D. INADEQUATE ALTERNATE SOURCE OF HEAT EXEMPTION: The Control 

Officer may issue an inadequate alternate source of heat exemption if the Control Officer 

determines: 

1. That there is a heat source other than a residential woodburning device available to 

the residence; 

P-26.8 
P-26.9 

2. That such heat source is not a sole source of heat, as defined in Section 2(O) of this 

ordinance, and that such heat source is used in conjunction with a residential 

woodburning device; 

3. That such heat source is not an approved woodburning device, as defined in Maricopa 

County Air Pollution Control Regulations Rule 318 (Approval of Residential 

Woodburning Devices); and 

4. That such heat source is not an adequate source of heat, as defined in Section 2(A) of 

this ordinance. 

The recipient of an inadequate alternate source of heat exemption must comply with 

municipal or County Building Code requirements (as per authority of A.R.S. §§ 9-

499.01, 9-240(B)(7), 9-276(A)(13)–(A)(15), A.R.S. § 9-801 et seq.) and must apply 

annually to the Control Officer for renewal of such exemption, if such exemption is 

still necessary. The Control Officer shall not issue an inadequate alternate source of 

heat exemption after December 31, 1995. However, the Control Officer may renew 

an inadequate alternate source of heat exemption, if such exemption was issued 

before December 31, 1995 and if the residential woodburning device meets the 

criteria of this ordinance. 

E. APPLICATION FOR AN EXEMPTION: Any person seeking an exemption shall do 

so by submitting an acceptable written application to the Control Officer. An application 

shall state: 

1. The applicant's name and mailing address; 

2. The address for which the exemption is sought; and 

3. The reasons for seeking the exemption. 

F. ACTION ON AN EXEMPTION APPLICATION: Following the receipt of an 

exemption application, the Control Officer shall either grant the exemption, grant the 

exemption subject to conditions, or deny the exemption. The Control Officer shall notify, 

in writing, the applicant of such decision.
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