Wood burning devices

AN ACT Relating to wood burning devices; amending RCW 1
70A.15.3520, 70A.15.3530, 70A.15.3540, 70A.15.3550, 70A.15.3580, and 2
70A.15.3600; and reenacting and amending RCW 70A.15.3510.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 70A.15.3510 and 2020 c 20 s 1115 are each reenacted 5
and amended to read as follows: 6
Unless the context clearly requires otherwise, the definitions in 7
this section apply throughout RCW 70A.15.3510 through 70A.15.3620:8
(1) "Authority" means any air pollution control agency whose 9
jurisdictional boundaries are coextensive with the boundaries of one 10
or more counties. 11
(2) "Department" means the department of ecology.12
(3) "Fireplace" means: (a) Any permanently installed masonry 13
fireplace; or (b) any factory-built metal ((solid fuel)) wood burning 14
device designed to be used with an open combustion chamber and 15
without features to control the air to fuel ratio.16
(4) "New woodstove" means: (a) A woodstove that is sold at 17
retail, bargained, exchanged, or given away for the first time by the 18
manufacturer, the manufacturer's dealer or agency, or a retailer; and 19
(b) has not been so used to have become what is commonly known as 20
"secondhand" within the ordinary meaning of that term.21
Z-0018.2
SENATE BILL 5174
State of Washington 69th Legislature 2025 Regular Session
By Senators Shewmake, Nobles, and Wellman; by request of Department
of Ecology
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Environment, Energy & Technology.
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(5) "Opacity" means the degree to which an object seen through a 1
plume is obscured, stated as a percentage. The methods ((approved)) 2
adopted by the department in accordance with RCW 70A.15.3000 shall be 3
used to establish opacity for the purposes of this chapter.4
(6) "Residential forced-air furnace" has the same meaning as set 5
forth in 40 C.F.R. Part 60, subpart QQQQ (2025).6
(7) "Residential hydronic heater" has the same meaning as set 7
forth in 40 C.F.R. Part 60, subpart QQQQ (2025).8
(8) "((Solid fuel )) Wood burning device" means any device for 9
burning wood ((, coal, or any other nongaseous and nonliquid fuel, 10
including a woodstove and fireplace )) or pellet fuel, including a 11
woodstove, fireplace, masonry heater, residential forced-air furnace, 12
and residential hydronic heater. 13
(((7))) (9) "Woodstove" means a ((solid fuel )) wood burning 14
device ((other than a fireplace not meeting the requirements of RCW 15
70A.15.3530)), including any fireplace insert, ((woodstove, wood 16
burning heater )) pellet stove , wood stick boiler, ((coal-fired 17
furnace, coal stove, )) or similar device burning any ((solid)) wood 18
or pellet fuel, used for aesthetic or space-heating purposes in a 19
private residence or commercial establishment, which has a heat input 20
less than one million British thermal units per hour. The term 21
"woodstove" does not include ((wood cook stoves)) fireplaces, masonry 22
heaters, residential forced-air furnaces, or residential hydronic 23
heaters. For purposes of this chapter, the term "woodstove" includes 24
any residential wood heater as defined in 40 C.F.R. Part 60, Subpart 25
AAA (2025). 26
Sec. 2. RCW 70A.15.3520 and 1991 c 199 s 503 are each amended to 27
read as follows: 28
((After January 1, 1992, no used solid fuel )) No wood burning 29
device shall be installed in new or existing buildings unless such 30
device ((is either Oregon department of environmental quality phase 31
II or United States environmental protection agency certified or a 32
pellet stove either certified or exempt from certification by the 33
United States environmental protection agency )) meets the applicable 34
emission standard and certification requirements adopted by the 35
department under this section. The department may adopt by rule 36
additional certification procedures for wood burning devices to 37
ensure compliance with the adopted emission standard. The department 38
may also adopt by rule emission standards and other requirements for 39
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residential home heating devices burning solid fuels other than wood 1
or pellet fuel, including devices burning coal and other nongaseous 2
and nonliquid fuels. 3
(1) By July 1, 1992, the state building code council shall adopt 4
rules requiring an adequate source of heat other than woodstoves in 5
all new and substantially remodeled residential and commercial 6
construction. This rule shall apply (a) to areas designated by a 7
county to be an urban growth area under chapter 36.70A RCW; and (b) 8
to areas designated by the environmental protection agency as being 9
in nonattainment for particulate matter. 10
(2) For purposes of this section, "substantially remodeled" means 11
any alteration or restoration of a building exceeding ((sixty)) 60 12
percent of the appraised value of such building within a ((twelve-13
month)) 12-month period. 14
Sec. 3. RCW 70A.15.3530 and 1995 c 205 s 3 are each amended to 15
read as follows: 16
The department of ecology shall establish by rule under chapter 17
34.05 RCW: 18
(1) Statewide emission performance standards for new ((solid 19
fuel)) wood burning devices. The department may adopt rules to 20
implement the federal emission standards for new residential wood 21
heaters in 40 C.F.R. Part 60, subpart AAA (2025), and to implement 22
the federal emission standards for new residential forced-air 23
furnaces and new residential hydronic heaters in 40 C.F.R. Part 60, 24
subpart QQQQ (2025). The department may also adopt rules to establish 25
and implement emission standards for masonry heaters, which may 26
include incorporation of federal emission standards adopted by the 27
United States environmental protection agency. If the department 28
adopts rules as authorized in this section, the department shall 29
adopt the emission performance standards as they exist on January 1, 30
2025. The department may amend the rules from time to time to 31
maintain consistency with the emission performance standards adopted 32
by the United States environmental protection agency unless the 33
department finds that the requirements adopted by the United States 34
environmental protection agency are less stringent than those in 35
effect under this section or that the changes would adversely impact 36
air quality. The department may adopt by rule a sell-through 37
provision allowing retailers to sell United States environmental 38
protection agency-certified wood burning devices in their inventory 39
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for up to 12 months after a device is removed from the department's 1
certification list. Notwithstanding any other provision of this 2
chapter which allows an authority to adopt more stringent emission 3
standards, no authority shall adopt any emission standard for new 4
((solid fuel)) wood burning devices other than the statewide standard 5
adopted by the department under this section. 6
(a) ((After January 1, 1995, no solid fuel )) No wood burning 7
device shall be offered for sale in this state to residents of this 8
state that does not meet the ((following particulate air contaminant 9
emission standards under the test methodology of the United States 10
environmental protection agency in effect on January 1, 1991, or an 11
equivalent standard under any test methodology adopted by the United 12
States environmental protection agency subsequent to such date: (i) 13
Two and one-half grams per hour for catalytic woodstoves; and (ii) 14
four and one-half grams per hour for all other solid fuel burning 15
devices. For purposes of this subsection, "equivalent" shall mean the 16
emissions limits specified in this subsection multiplied by a 17
statistically reliable conversion factor determined by the department 18
that compares the difference between the emission test methodology 19
established by the United States environmental protection agency 20
prior to May 15, 1991, with the test methodology adopted subsequently 21
by the agency. Subsection (a) of this subsection does not apply to 22
fireplaces)) statewide emission performance standards adopted by the 23
department under this section, using an applicable test methodology 24
adopted by the United States environmental protection agency.25
(b) After January 1, 1997, no fireplace, except masonry 26
fireplaces, shall be offered for sale unless such fireplace meets the 27
1990 United States environmental protection agency standards for 28
woodstoves or equivalent standard that may be established by the 29
state building code council by rule. Prior to January 1, 1997, the 30
state building code council shall establish by rule a methodology for 31
the testing of factory-built fireplaces. The methodology shall be 32
designed to achieve a particulate air emission standard equivalent to 33
the 1990 United States environmental protection agency standard for 34
woodstoves. In developing the rules, the council shall include on the 35
technical advisory committee at least one representative from the 36
masonry fireplace builders and at least one representative of the 37
factory-built fireplace manufacturers. 38
(c) Prior to January 1, 1997, the state building code council 39
shall establish by rule design standards for the construction of new 40
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masonry fireplaces in Washington state. In developing the rules, the 1
council shall include on the technical advisory committee at least 2
one representative from the masonry fireplace builders and at least 3
one representative of the factory-built fireplace manufacturers. It 4
shall be the goal of the council to develop design standards that 5
generally achieve reductions in particulate air contaminant emissions 6
commensurate with the reductions being achieved by factory-built 7
fireplaces at the time the standard is established.8
(d) Actions of the department and local air pollution control 9
authorities under this section shall preempt actions of other state 10
agencies and local governments for the purposes of controlling air 11
pollution from ((solid fuel )) wood burning devices, except where 12
authorized by chapter 199, Laws of 1991. 13
(e) Subsection (1)(a) of this section shall not apply to 14
fireplaces. 15
(f) ((Notwithstanding (a) of this subsection, the department is 16
authorized to adopt, by rule, emission standards adopted by the 17
United States environmental protection agency for new woodstoves sold 18
at retail. )) For ((solid fuel )) wood burning devices for which the 19
United States environmental protection agency has not established 20
emission standards, the department may exempt or establish, by rule, 21
statewide standards including emission levels and test procedures for 22
such devices ((and such emission levels and test procedures shall be 23
equivalent to emission levels per pound per hour burned for other new 24
woodstoves and fireplaces regulated under this subsection)).25
(2) A program to: 26
(a) Determine whether a new ((solid fuel )) wood burning device 27
complies with the statewide emission performance standards 28
((established in )) and certification requirements adopted under 29
subsection (1) of this section; and 30
(b) ((Approve the sale )) Publish a list of devices that comply 31
with the statewide emission performance standards and certification 32
requirements. 33
Sec. 4. RCW 70A.15.3540 and 2020 c 20 s 1116 are each amended to 34
read as follows: 35
((After July 1, 1988, no )) No person shall sell, offer to sell, 36
or knowingly advertise to sell a ((new woodstove )) wood burning 37
device in this state to a resident of this state unless the 38
((woodstove has been approved by the department under the program 39
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established)) wood burning device meets the applicable emission 1
standard and certification requirements adopted by the department 2
under RCW 70A.15.3530. 3
Sec. 5. RCW 70A.15.3550 and 2020 c 20 s 1117 are each amended to 4
read as follows: 5
((After July 1, 1988, any )) Any person who sells, offers to sell, 6
or knowingly advertises to sell a ((new woodstove )) wood burning 7
device in this state in violation of RCW 70A.15.3540 shall be subject 8
to the penalties and enforcement actions under this chapter.9
Sec. 6. RCW 70A.15.3580 and 2020 c 20 s 1119 are each amended to 10
read as follows: 11
(1) Any person in a residence or commercial establishment which 12
has an adequate source of heat without burning wood shall:13
(a) Not burn wood in any ((solid fuel )) wood burning device 14
whenever the department has determined under RCW 70A.15.6010 that any 15
air pollution episode exists in that area; 16
(b) Not burn wood in any ((solid fuel )) wood burning device 17
except those which are ((either Oregon department of environmental 18
quality phase II or United States environmental protection agency 19
certified or )) certified by the department under RCW 70A.15.3530(1) 20
((or a pellet stove either certified or issued an exemption by the 21
United States environmental protection agency in accordance with 22
Title 40, Part 60 of the Code of Federal Regulations )), in the 23
geographical area and for the period of time that a first stage of 24
impaired air quality has been determined, by the department or any 25
authority, for that area. 26
(i) A first stage of impaired air quality is reached when 27
forecasted meteorological conditions are predicted to cause fine 28
particulate levels to exceed ((thirty-five)) 35 micrograms per cubic 29
meter, measured on a ((twenty-four)) 24-hour average, within ((forty-30
eight)) 48 hours, except for areas of fine particulate nonattainment 31
or areas at risk for fine particulate nonattainment;32
(ii) A first stage burn ban for impaired air quality may be 33
called for a county containing fine particulate nonattainment areas 34
or areas at risk for fine particulate nonattainment, and when 35
feasible only for the necessary portions of the county, when 36
forecasted meteorological conditions are predicted to cause fine 37
particulate levels to reach or exceed ((thirty)) 30 micrograms per 38
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cubic meter, measured on a ((twenty-four)) 24-hour average, within 1
((seventy-two)) 72 hours; and 2
(c)(i) Not burn wood in any ((solid fuel)) wood burning device in 3
a geographical area and for the period of time that a second stage of 4
impaired air quality has been determined by the department or any 5
authority, for that area. A second stage of impaired air quality is 6
reached when a first stage of impaired air quality has been in force 7
and has not been sufficient to reduce the increasing fine particulate 8
pollution trend, fine particulates are at an ambient level of 9
((twenty-five)) 25 micrograms per cubic meter measured on a ((twenty-10
four)) 24-hour average, and forecasted meteorological conditions are 11
not expected to allow levels of fine particulates to decline below 12
((twenty-five)) 25 micrograms per cubic meter for a period of 13
((twenty-four)) 24 hours or more from the time that the fine 14
particulates are measured at the trigger level. 15
(ii) A second stage burn ban may be called without calling a 16
first stage burn ban only when all of the following occur and shall 17
require the department or the local air pollution control authority 18
calling a second stage burn ban under this subsection to comply with 19
the requirements of subsection (3) of this section:20
(A) Fine particulate levels have reached or exceeded ((twenty-21
five)) 25 micrograms per cubic meter, measured on a ((twenty-four)) 22
24-hour average; 23
(B) Meteorological conditions have caused fine particulate levels 24
to rise rapidly; 25
(C) Meteorological conditions are predicted to cause fine 26
particulate levels to exceed the ((thirty-five)) 35 micrograms per 27
cubic meter, measured on a ((twenty-four)) 24-hour average, within 28
((twenty-four)) 24 hours; and 29
(D) Meteorological conditions are highly likely to prevent 30
sufficient dispersion of fine particulate. 31
(iii) In fine particulate nonattainment areas or areas at risk 32
for fine particulate nonattainment, a second stage burn ban may be 33
called for the county containing the nonattainment area or areas at 34
risk for nonattainment, and when feasible only for the necessary 35
portions of the county, without calling a first stage burn ban only 36
when (c)(ii)(A), (B), and (D) of this subsection have been met and 37
meteorological conditions are predicted to cause fine particulate 38
levels to reach or exceed ((thirty)) 30 micrograms per cubic meter, 39
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measured on a ((twenty-four)) 24-hour average, within ((twenty-four)) 1
24 hours. 2
(2) Actions of the department and local air pollution control 3
authorities under this section shall preempt actions of other state 4
agencies and local governments for the purposes of controlling air 5
pollution from ((solid fuel )) wood burning devices, except where 6
authorized by chapter 199, Laws of 1991. 7
(3)(a) The department or any local air pollution control 8
authority that has called a second stage burn ban under the authority 9
of subsection (1)(c)(ii) of this section shall, within ((ninety)) 90 10
days, prepare a written report describing: 11
(i) The meteorological conditions that resulted in their calling 12
the second stage burn ban; 13
(ii) Whether the agency could have taken actions to avoid calling 14
a second stage burn ban without calling a first stage burn ban; and15
(iii) Any changes the department or authority is making to its 16
procedures of calling first stage and second stage burn bans to avoid 17
calling a second stage burn ban without first calling a first stage 18
burn ban. 19
(b) After consulting with affected parties, the department shall 20
prescribe the format of such a report and may also require additional 21
information be included in the report. All reports shall be sent to 22
the department and the department shall keep the reports on file for 23
not less than five years and available for public inspection and 24
copying in accordance with RCW 42.56.090. 25
(4) For the purposes of chapter 219, Laws of 2012, an area at 26
risk for nonattainment means an area where the three-year average of 27
the annual ((ninety-eighth)) 98th percentile of ((twenty-four)) 24 28
hour fine particulate values is greater than ((twenty-nine)) 29 29
micrograms per cubic meter, based on the years 2008 through 2010 30
monitoring data. 31
(5)(a) Nothing in this section restricts a person from installing 32
or repairing a certified ((solid fuel )) wood burning device 33
((approved by the department under the program established )) that 34
meets the applicable emission standard and certification requirements 35
adopted by the department under RCW 70A.15.3530 in a residence or 36
commercial establishment or from replacing a ((solid fuel )) wood 37
burning device with a certified ((solid fuel )) wood burning device 38
that meets the applicable emission standard and certification 39
requirements adopted by the department under RCW 70A.15.3530. Nothing 40
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in this section restricts a person from burning wood in a ((solid 1
fuel)) wood burning device, regardless of whether a burn ban has been 2
called, if there is an emergency power outage. In addition, for the 3
duration of an emergency power outage, nothing restricts the use of a 4
((solid fuel )) wood burning device or the temporary installation, 5
repair, or replacement of a ((solid fuel )) wood burning device to 6
prevent the loss of life, health, or business. 7
(b) For the purposes of this subsection, an emergency power 8
outage includes: 9
(i) Any natural or human-caused event beyond the control of a 10
person that leaves the person's residence or commercial establishment 11
temporarily without an adequate source of heat other than the ((solid 12
fuel)) wood burning device; or 13
(ii) A natural or human-caused event for which the governor 14
declares an emergency in an area under chapter 43.06 RCW, including a 15
public disorder, disaster, or energy emergency under RCW 16
43.06.010(12). 17
Sec. 7. RCW 70A.15.3600 and 2020 c 20 s 1121 are each amended to 18
read as follows: 19
(1) Unless allowed by rule under chapter 34.05 RCW, a person 20
shall not cause or allow any of the following materials to be burned 21
in any residential ((solid fuel)) wood burning device:22
(a) Garbage; 23
(b) Treated wood; 24
(c) Plastics; 25
(d) Rubber products; 26
(e) Animals; 27
(f) Asphaltic products; 28
(g) Waste petroleum products; 29
(h) Paints; ((or))30
(i) Coal; or31
(j) Any substance, other than properly seasoned fuel wood, which 32
normally emits dense smoke or obnoxious odors. 33
(2) To achieve and maintain attainment in areas of nonattainment 34
for fine particulates in accordance with section 172 of the federal 35
clean air act, a local air pollution control authority or the 36
department may, after meeting requirements in subsection (3) of this 37
section, prohibit the use of ((solid fuel )) wood burning devices, 38
except: 39
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(a) Fireplaces as defined in RCW 70A.15.3510(3), except if needed 1
to meet federal requirements as a contingency measure in a state 2
implementation plan for a fine particulate nonattainment area; or3
(b) Woodstoves meeting the standards set forth in RCW 4
70A.15.3580(1)(b)((; or5
(c) Pellet stoves)). 6
(3) Prior to prohibiting the use of ((solid fuel )) wood burning 7
devices under subsection (2) of this section, the department or the 8
local air pollution control authority must: 9
(a) Seek input from any city, county, or jurisdictional health 10
department affected by the proposal to prohibit the use of ((solid 11
fuel)) wood burning devices; and 12
(b) Make written findings that: 13
(i) The area is designated as an area of nonattainment for fine 14
particulate matter by the United States environmental protection 15
agency, or is in maintenance status under that designation;16
(ii) Emissions from ((solid fuel )) wood burning devices in the 17
area are a major contributing factor for violating the national 18
ambient air quality standard for fine particulates; and19
(iii) The area has an adequately funded program to assist low-20
income households to secure an adequate source of heat, which may 21
include woodstoves meeting the requirements of RCW 70A.15.3510(((7)))22
(9). 23
(4) If and only if the nonattainment area is within the 24
jurisdiction of the department and the legislative authority of a 25
city or county within the area of nonattainment formally expresses 26
concerns with the department's written findings, then the department 27
must publish on the department's website the reasons for prohibiting 28
the use of ((solid fuel )) wood burning devices under subsection (2) 29
of this section that includes a response to the concerns expressed by 30
the city or county legislative authority. 31
(5) When a local air pollution control authority or the 32
department prohibits the use of ((solid fuel )) wood burning devices 33
as authorized by this section, the cities, counties, and 34
jurisdictional health departments serving the area shall cooperate 35
with the department or local air pollution control authority as the 36
department or the local air pollution control authority implements 37
the prohibition. The responsibility for actual enforcement of the 38
prohibition shall reside solely with the department or the local air 39
pollution control authority. A city, county, or jurisdictional health 40
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department serving a fine particulate nonattainment area may agree to 1
assist with enforcement activities. 2
(6) A prohibition issued by a local air pollution control 3
authority or the department under this section shall not apply to:4
(a) A person in a residence or commercial establishment that does 5
not have an adequate source of heat without burning wood; or6
(b) A person with a shop or garage that is detached from the main 7
residence or commercial establishment that does not have an adequate 8
source of heat in the detached shop or garage without burning wood.9
(7) On June 7, 2012, and prior to January 1, 2015, the local air 10
pollution control authority or the department shall, within available 11
resources, provide assistance to households using ((solid fuel)) wood 12
burning devices to reduce the emissions from those devices or change 13
out to a lower emission device. Prior to the effective date of a 14
prohibition, as defined in this section, on the use of uncertified 15
stoves, the department or local air pollution control authority shall 16
provide public education in the nonattainment area regarding how 17
households can reduce their emissions through cleaner burning 18
practices, the importance of respecting burn bans, and the 19
opportunities for assistance in obtaining a cleaner device. If the 20
area is designated as a nonattainment area as of January 1, 2015, or 21
if required by the United States environmental protection agency, the 22
local air pollution control authority or the department may prohibit 23
the use of uncertified devices. 24
(8) As used in this section: 25
(a) "Jurisdictional health department" means a city, county, 26
city-county, or district public health department.27
(b) "Prohibit the use" or "prohibition" may include requiring 28
disclosure of an uncertified device, removal, or rendering 29
inoperable, as may be ((approved)) adopted by rule by a local air 30
pollution control authority or the department. The effective date of 31
such a rule may not be prior to January 1, 2015. However, except as 32
provided in RCW 64.06.020 relating to the seller disclosure of wood 33
burning appliances, any such prohibition may not include imposing 34
separate time of sale obligations on the seller or buyer of real 35
estate as part of a real estate transaction. 36
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