### SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
(AdoptedMarch 7, 2008)(Amended May 3, 2013)

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 ofthis rule shall apply to specified persons or businesses within the South Coast Air Basin portion ofthe South Coast Air Quality Management District: (I) Any person that manufacturers, sells, offers for sale, or installs a woodburning device; (2) Any commercial firewood seller that sells, offers for sale, or supplies wood or other wood-based fuels intended for burning in a wood burningdevice orportable outdoorwood-burning device; and (3) Any property owner or tenant that operates a wood-burning device or portable outdoorwood-burningdevice. (c) Definitions (1) COMMERCIAL WOOD-BASED FUEL SELLER means any operation that has a business license that sells, or offers for sale, or supplies packaged, bundled or bulk firewood, manufactured firelogs, or wood pellets. (2) COOKSTOVE means any wood or wood-based fuel-fired device that is designed and used for cooking food and has the following characteristics

as defined in Title 40 ofthe Code ofFederal Regulations Section 60.531, February 28, 1988, orany subsequentrevision: (A) An oven, with a volume of0.028 cubic meters (1 cubic foot) or greater, and an oven rack; (B) A device formeasuring oventemperatures; (C) A flame path that is routed aroundthe oven; (D) A shakergrate; (F) An ashpan; (F) An ashclean-outdoorbelow the oven; and

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— 1Rule 445 (Cont.) (Amended May 3, 2013)

(G) The absence ofa fan orheat channels to dissipateheat fromthe appliance. (3) DEDICATED GASEOUS-FUELED FIREPLACE means any indoor or outdoor fireplace, including, but not limited to, a gas log fireplace, either constructed on-site, orfactory built, fueled exclusively with a gaseous fuel such that the burner pan and associated equipment are affixed to the masonry ormetal base ofthe fireplace. (4) FIREPLACE means any permanently installed indoor or outdoor masonry
or factory-built device used for aesthetic or space-heating purposes and designed to operate with an air-to-fuel ratio greaterthan or equal to 35-to-

(5) LOW INCOME HOUSEHOLD means any household that receives financial assistance through reduced electric or gas bills from an electric

ornatural gas utility based onhousehold income levels. (6) MANDATORY WINTER BURNING CURTAILMENT (A) Means any calendar day or consecutive calendar days during the wood burning season so declared to the public by the Executive Officerwhen ambient levels ofparticulate matter of2.5 microns in size or less (PM2.5) is forecast to exceed 30 $ig/m 3 for a specific source/receptorarea. (B) Applies to the entire South CoastAirBasin wheneveraPM2.5 level of greater than 30 Jlg/m 3 is predicted for a source receptor area containing a monitoring station that has recorded a violation ofthe federal 24-hour PM2.5 National Ambient Air Quality Standard for either of the two previous three-year design value periods. The design value is the three-year average ofthe annual 98 th percentile ofthe 24-hourvalues ofmonitored ambientPM2.5 data. (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 thatmeets the definition ofamasonry heater in ASTM E 1602-03. (9) NEW DEVELOPMENT means residential orcommercial, single ormulti building unit, which begins construction on or after March 9, 2009. For the purposes ofthis definition, construction has begun when the building

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—2Rule 445 (Cont.) (Amended May 3, 2013)

permit has been approved or when the foundation for the structure is started, whicheveroccurs first. (10) PELLET-FUELED WOOD-BURNING HEATER means any woodburning heater that is operated on any pellet fuel, and is either U.S. EPA Phase Il-certified or exempted under U.S. EPA requirements as defined in Title 40 Code ofFederal Regulations, Part 60, SubpartAAA, February 28, 1988, orany subsequentrevision. (11) PERMANENTLY INSTALLED means any device built or installed in such a mannerthatthe device is attachedto the ground, floor, orwall, 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 wood-based fuel for aesthetic or space heating purposes including, but not limited to, fireplaces, burn bOwls, and chimineas located onproperty zoned forresidential 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 (A) ASTM Test Method D 4442-92, StandardTestMethod for Use and CalibrationofHand-Held Moisture Meters; or (B) A hand-held moisture meter operated in accordance with ASTM Test Method D 4444-92, Standard Test Methods for Use and Calibration ofHand-Held Moisture Meters; or (C) An alternative method approved by the Executive Officer, the California Air Resources Board, and the U.S. Environmental ProtectionAgency. (14) SOLE SOURCE OF HEAT means the only permanent source ofheatthat is capable ofmeetingthe space heating needs ofahousehold. (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 ofany species that has been chemically impregnated, painted, coated or similarly modified to improve resistance to insects, wood rot and decay, orweathering.

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(17) U.S. EPA CERTIFIED WOOD-BURNING HEATER means any device certifiedby the U.S. EPA to meetthe performance and emission standards

as defined in Title 40 Code ofFederal Regulations, Part 60, SubpartAAA, February 28, 1988, orany subsequentrevision. (18) WOOD-BASED FUEL means any wood, wood-based product, or nongaseous or non-liquid fuel, including but not limited to manufactured firelogs, wood orpelletproducts. Forthe purpose ofthis rule, charcoal is notconsidered awood-based fuel. (19) WOOD-BURNING DEVICE means any fireplace, wood-burning heater, pellet-fueled wood burning heater, or any similarly open or enclosed, permanently installed, indoor or outdoor device burning any wood-based fuel for aesthetic purposes, which has a heat input ofless than one million Britishthermal units perhour (Btu!hr). (20) WOOD-BURNING HEATER means an enclosed, wood-burning device capable ofspace heating thatmeets allthe criteria defined in Title 40 Code of Federal Regulations Section 60.531, February 28, 1988, or any subsequent revision including, but not limited to, wood stoves and woodburning fireplace inserts. (21) WOOD BURNING SEASON means the consecutive entire months of November, December, January, and February. (22) WOOD-FIRED COOKING DEVICE means any cookstove, wood-fired

oven or grill, or any device designed for burning any wood-based fuel for cooking purposes. (d) Requirements (1) No person shall permanently install a wood-burning device into any new development. (2) Notwithstanding the requirements ofparagraph (d)(1), 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 ofthe following: (A) A U.S. EPA Certifiedwood-burningheater; or (B) Apellet-fueledwood-burning heater; or (C) A masonry heater; or (D) A dedicated gaseous-fueled fireplace.

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(3) No person shall burn any product not intended for use as fuel in a woodburning device including, but not limited to, garbage, treated wood, particle board, plastic products, rubber products, waste petroleum products, paints, coatings or solvents, orcoal. (4) A commercial firewood seller shall only sell seasoned wood from July 1 through the end of February the following year. Any commercial firewood seller may sell seasoned as well as non-seasoned wood during the remaining months. (5) Labeling and Sell-Through Provision (A) Effective November 4, 2013, no commercial firewood seller shall sell, offer for sale, or supply wood-based fuel without first attaching a permanently affixed indelible label to each package or providing written notice to each buyer at the time ofpurchase of bulkfirewood that at aminimum states the following:

Use ofthis and other solid fuel products may be restricted attimes by law. Please check (1-877-4N0-BURN) or (www.8774N0BURN.org) before burning.
(i) Alternative language, toll-free telephone number or web address forthe information specified in subdivision (g) may be used, subjectto Executive Officerapproval. (ii) The Executive Officer shall specify guidelines for the aforementioned labeling requirements. (B) Any wood-based fuel packagedpriorto November4, 2013 may be sold, offered for sale or suppliedupto November4, 2015.
(e) Mandatory WinterBurning Curtailment No person shall operate an indoor or outdoor wood-burning device, portable outdoor wood-burning device, or wood-fired cooking device during the wood burning season when a mandatory winter burning curtailment is forecast for the specific region where the device is located, or on a Basin-wide basis as defined in paragraph (c)(6). 

### (0 Exemptions (I) The provisions ofthis rule shall not apply to wood-fired cooking devices designedand used forcommercial purposes.

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— 5Rule 445 (Coat.) (Amended May 3, 2013)

(2) The provisions ofparagraph (d)(1) shall not apply to new developments where there is no existing infrastructure for natural gas service within 150 feetofthe property line orthose 3,000 ormore feetabove mean sea level. (3) The provisions ofparagraph (d)(2) shall not apply to an indoor or outdoor wood-burning device that is permanently installed and included in the sale

ortransferofany 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 determinedby the applicable, federal, State,

or local agency. Contributing structures are those buildings which 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) Theprovisions of(d)(3) shall not applyto manufacturedfirelogs. (6) The provisions of(d)(5) shall not apply to wood-based fuel intended for the cooking, smoking, orflavoring offood. (7) The provisions of subdivision (e) shall not apply under the following circumstances: (A) Residential or commercial properties where awood-burning device is the sole source ofheat; or (B) A low income household; or (C) Residential or commercial properties where there is no existing infrastructure fornatural gas service within 150 feetoftheproperty line; or (D) Residential or commercial properties located 3,000 or more feet above mean sea level; or (E) Ceremonial fires exempted underRule 444

- Open Burning.
(g) Administrative Requirements The Executive Officer will provide public notice ofa mandatory winter burning curtailmentthrough one ormore ofthe following methods: (I) A recordedtelephone 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 such notice;

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— 6Rule 445 (Cont.) (Amended May 3, 2013)

(4) Notifying broadcast andprintmedia operating withinthe boundaries ofthe South CoastAirBasin; and (5) Any additional method that the Executive Officer determines is appropriate. (h)——Penalties Any-ntha1atth_prv1sonoubdivision_(4is ibjt-tthe f&llewing 

### (+ orñrst-timev tor1+wing-aehwoo4bumingseasencoetionofa wood smoke

2--Fond pei+aftyof—$450-or submision-of-proof*fiiista[lationof-a-dedioated gaseous fueled-fireptace-within--90 d-afterg-4he-Notice_of Vkonand petof-$5OO-or—irnp4ernentatienan-enviroRmenta1y-bonefi4a1 project-asdenv-ed-thr ughthe mutuatsettlemenLprocess. (i) Severability Ifany provision ofthis rule is held byjudicial order to be invalid, or invalid or inapplicable to any person orcircumstance, such order shall not affectthe validity ofthe remainder ofthis rule, or the validity or applicability ofsuch provision to otherpersons or circumstances.

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