(Adopted March 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 of this rule shall apply to specified persons or businesses within 

the South Coast Air Basin portion of the South Coast Air Quality Management 

District:

(1) 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 or portable outdoor wood-burning device; and

(3) Any property owner or tenant that operates a wood-burning device or 

portable outdoor wood-burning device.

(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 of the Code of Federal Regulations Section 60.531, 

February 28, 1988, or any subsequent revision: 

(A) An oven, with a volume of 0.028 cubic meters (1 cubic foot) or 

greater, and an oven rack;

(B) A device for measuring oven temperatures;

(C) A flame path that is routed around the oven;

(D) A shaker grate;

(E) An ash pan;

(F) An ash clean-out door below the oven; and 

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

(G) The absence of a fan or heat channels to dissipate heat from the 

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, or factory built, fueled exclusively with a gaseous fuel

such that the burner pan and associated equipment are affixed to the 

masonry or metal base of the 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 greater than or equal to 35-to1.

(5) LOW INCOME HOUSEHOLD means any household that receives 

financial assistance through reduced electric or gas bills from an electric 

or natural gas utility based on household 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 

Officer when ambient levels of particulate matter of 2.5 microns in 

size or less (PM2.5) is forecast to exceed 30 μg/m3 for a specific 

source/receptor area. 

(B) Applies to the entire South Coast Air Basin whenever a PM2.5 level 

of greater than 30 μg/m3 is predicted for a source receptor area 

containing a monitoring station that has recorded a violation of the 

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 of the annual 98th percentile 

of the 24-hour values of monitored ambient PM2.5 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 that meets 

the definition of a masonry heater in ASTM E 1602-03.

(9) NEW DEVELOPMENT means residential or commercial, single or multibuilding unit, which begins construction on or after March 9, 2009. For 

the purposes of this definition, construction has begun when the building 

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

permit has been approved or when the foundation for the structure is 

started, whichever occurs 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 II-certified or exempted under U.S. EPA requirements as defined in 

Title 40 Code of Federal Regulations, Part 60, Subpart AAA, February 28, 

1988, or any subsequent revision.

(11) PERMANENTLY INSTALLED means any device built or installed in

such a manner that the device is attached to the ground, floor, or wall, 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 on property zoned for residential 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, Standard Test Method for Use and 

Calibration of Hand-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 of Hand-Held Moisture Meters; or 

(C) An alternative method approved by the Executive Officer, the 

California Air Resources Board, and the U.S. Environmental 

Protection Agency. 

(14) SOLE SOURCE OF HEAT means the only permanent source of heat that 

is capable of meeting the space heating needs of a household.

(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 of any species that has been chemically 

impregnated, painted, coated or similarly modified to improve resistance 

to insects, wood rot and decay, or weathering.

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

(17) U.S. EPA CERTIFIED WOOD-BURNING HEATER means any device

certified by the U.S. EPA to meet the performance and emission standards 

as defined in Title 40 Code of Federal Regulations, Part 60, Subpart AAA, 

February 28, 1988, or any subsequent revision.

(18) WOOD-BASED FUEL means any wood, wood-based product, or nongaseous or non-liquid fuel, including but not limited to manufactured 

firelogs, wood or pellet products. For the purpose of this rule, charcoal is 

not considered a wood-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 of less than one million 

British thermal units per hour (Btu/hr).

(20) WOOD-BURNING HEATER means an enclosed, wood-burning device 

capable of space heating that meets all the 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 of paragraph (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 of the following:

(A) A U.S. EPA Certified wood-burning heater; or

(B) A pellet-fueled wood-burning heater; or

(C) A masonry heater; or

(D) A dedicated gaseous-fueled fireplace. 

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

(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, or coal.

(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 of purchase of 

bulk firewood that at a minimum states the following:

(i) Alternative language, toll-free telephone number or web 

address for the information specified in subdivision (g) may 

be used, subject to Executive Officer approval.

(ii) The Executive Officer shall specify guidelines for the 

aforementioned labeling requirements.

(B) Any wood-based fuel packaged prior to November 4, 2013 may be 

sold, offered for sale or supplied up to November 4, 2015.

(e) Mandatory Winter Burning 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). 

(f) Exemptions

(1) The provisions of this rule shall not apply to wood-fired cooking devices

designed and used for commercial purposes.

Use of this and other solid fuel products may be restricted at times by 

law. Please check (1-877-4NO-BURN) or (www.8774NOBURN.org) 

before burning.

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

(2) The provisions of paragraph (d)(1) shall not apply to new developments 

where there is no existing infrastructure for natural gas service within 150 

feet of the property line or those 3,000 or more feet above mean sea level.

(3) The provisions of paragraph (d)(2) shall not apply to an indoor or outdoor

wood-burning device that is permanently installed and included in the sale 

or transfer of any 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 determined by 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) The provisions of (d)(3) shall not apply to manufactured firelogs.

(6) The provisions of (d)(5) shall not apply to wood-based fuel intended for 

the cooking, smoking, or flavoring of food.

(7) The provisions of subdivision (e) shall not apply under the following

circumstances:

(A) Residential or commercial properties where a wood-burning device 

is the sole source of heat; or

(B) A low income household; or

(C) Residential or commercial properties where there is no existing

infrastructure for natural gas service within 150 feet of the property 

line; or

(D) Residential or commercial properties located 3,000 or more feet 

above mean sea level; or

(E) Ceremonial fires exempted under Rule 444 - Open Burning.

(g) Administrative Requirements

The Executive Officer will provide public notice of a mandatory winter burning 

curtailment through one or more of the following methods:

(1) A recorded telephone 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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Rule 445 (Cont.) (Amended May 3, 2013)

(4) Notifying broadcast and print media operating within the boundaries of the 

South Coast Air Basin; and

(5) Any additional method that the Executive Officer determines is 

appropriate.

(h) Penalties

Any person that violates the provisions of subdivision (e) is subject to the 

following:

(1) For first time violators during each wood burning season, completion of a 

wood smoke awareness course that has been approved by the Executive 

Officer or payment of a penalty of $50;

(2) For second time violators during each wood burning season, payment of a

penalty of $150 or submission of proof of installation of a dedicated 

gaseous-fueled fireplace within 90 days after receiving the Notice of 

Violation; and 

(3) For third time violators during each wood burning season, payment of a 

penalty of $500 or implementation of an environmentally beneficial 

project as derived through the mutual settlement process. 

(i) Severability

If any provision of this rule is held by judicial order to be invalid, or invalid or 

inapplicable to any person or circumstance, such order shall not affect the validity 

of the remainder of this rule, or the validity or applicability of such provision to 

other persons or circumstances.

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