RULE 3.17 WOOD HEATING DEVICES (Adopted 6/96, Amended 10/05/09)

A. PURPOSE

A.1 The purpose of this rule is to reduce particulate

matter pollution from wood burning appliances.

B. APPLICABILITY

B.1 The provisions of this rule shall apply at all

elevations within the Feather River Air Quality 

Management District.

C. SEVERABILITY

C.1 If any section, subsection, sentence, clause, phrase,

or portion of this rule is, for any reason, held 

invalid, unconstitutional, or unenforceable by any 

court of competent jurisdiction, such portion shall be 

deemed as a separate, distinct, and independent 

provision, and such holding shall not affect the 

validity of the remaining portions thereof.

D. EFFECTIVE DATE

D.1 The provisions of this rule shall be effective on the

date of adoption.

E. DEFINITIONS

E.1 EPA means the United States Environmental Protection 

Agency.

E.2 EPA certified wood heating device means any wood or 

other solid-fuel-burning appliance primarily utilized 

for space or water heating or aesthetic purposes that 

is certified by the EPA as meeting the performance and 

emission standards as set forth in Title 40 CFR 

Section 60 Subpart AAA.

E.3 Fireplace means any permanently installed masonry or 

factory built device designed to be used with an airto-fuel ratio greater than or equal to 35-to-1. 

Fireplaces installed with a dedicated natural gas or 

propane connection under the California Code of 

Regulations Title 24 Part 2, Volume 2, Section 2111A,

and not convertible to solid fuel appliances are 

exempt from the requirements of this Rule.
E.4 Masonry Heater means any permanently installed device 

that meets the definition of a masonry heater in ASTM 

E 1602-03.

E.5 Pellet-Fueled Heater means any heater that operates on 

pellet fuel and is either EPA certified or is exempt 

under EPA requirements as set forth in Title 40 CFR 

Part 60 Subpart AAA Section 530.

E.6 Permanently Inoperable means modified in such a way 

that a device can no longer operate as a wood heating

device.

E.7 Person means any person, firm, association, 

organization, partnership, business trust, 

corporation, company contractor, supplier, installer, 

user, owner, state or local governmental agency or 

public district, or any officer or employee thereof.

E.8 Unseasoned Wood means wood of any species that has not 

been sufficiently dried or contains 20 percent or more 

moisture by weight. Percent moisture content of wood 

shall be determined by ASTM test method D4442-92, or 

other method approved by the Air Pollution Control 

Officer.

E.9 Solid Fuel means wood, coal, or any other nongaseous 

or nonliquid fuels.

E.10 Used Wood Heating Device means any wood heating device

that has been used at least once, except wood heaters 

that have been used by retailers for the purpose of 

demonstration.

E.11 Wood Cook Stove means any wood-burning appliance 

designed primarily for cooking food as described in 

the Code of Federal Regulations (CFR) Section 60.531.

E.12 Wood-Heating Device means any fireplace, wood-burning 

heater, or pellet-fueled heater, or similar enclosed, 

permanently installed appliance capable of burning 

wood or other solid fuel and intended for space 

heating or aesthetic purposes or domestic water 

heating, which has a heat input less than one million 

British thermal units per hour. 

F. REQUIREMENTS

F.1 All new and used wood heating devices used for the 

first time in existing buildings and those used in all 

new building projects constructed after the adoption 

date of this rule within the boundaries of Feather 

River Air Quality Management District shall meet 

emission and performance requirements in section F.2.
F.2 No person shall sell, offer for sale, supply, install, 

or transfer a new or used wood heating device unless 

it meets one of the following criteria:

a. It is an EPA certified wood heating device.

b. It is a masonry heater.

c. It is a pellet-fueled heater.

d. It has been rendered permanently inoperable as 

determined by the Air Pollution Control Officer.

e. It has been determined to meet the particulatematter emission standard of no more than 4.1 

grams per hour particulate-matter emission for 

catalytic and 7.5 grams per hour for noncatalytic 

appliances, and is approved in writing by the Air 

Pollution Control Officer.

F.3 Section F.2 parts a through e shall not apply to an 

existing wood heating device which is permanently 

installed in a structure which is being offered for 

sale.

F.4 The Air Pollution Control Officer may issue an 

advisory through local communications media to 

recommend actions for the use of wood heating devices

whenever conditions within the District are projected 

to cause an exceedence of a State or National Ambient 

Air Quality Standard.

a. Recommended actions can include but are not 

limited to: allow, reduce, curtail, limits on

specific areas, or request to cease.

G. PROHIBITIONS

G.1 No person shall cause or allow materials to be burned 

in a fireplace or wood heating device such that the 

discharge of air contaminants would cause a public 

nuisance, pursuant to Section 41700 of the California 

Health and Safety Code.

G.2 No person shall cause or allow any of the following 

materials to be burned in a wood heating device:

a. Prohibited Materials as described in District 

Rule 2.0 Section E.15.

b. Unseasoned wood.

c. Any other material not intended by a manufacturer 

for use as a solid fuel in a wood heating device.