wa-law.org > bill > 2025-26 > SB 5174 > Original Bill
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.15.3510 through 70A.15.3620:
No wood burning device shall be installed in new or existing buildings unless such device meets the applicable emission standard and certification requirements adopted by the department under this section. The department may adopt by rule additional certification procedures for wood burning devices to ensure compliance with the adopted emission standard. The department may also adopt by rule emission standards and other requirements for residential home heating devices burning solid fuels other than wood or pellet fuel, including devices burning coal and other nongaseous and nonliquid fuels.
By July 1, 1992, the state building code council shall adopt rules requiring an adequate source of heat other than woodstoves in all new and substantially remodeled residential and commercial construction. This rule shall apply (a) to areas designated by a county to be an urban growth area under chapter 36.70A RCW; and (b) to areas designated by the environmental protection agency as being in nonattainment for particulate matter.
For purposes of this section, "substantially remodeled" means any alteration or restoration of a building exceeding 60 percent of the appraised value of such building within a 12-month period.
The department of ecology shall establish by rule under chapter 34.05 RCW:
Statewide emission performance standards for new wood burning devices. The department may adopt rules to implement the federal emission standards for new residential wood heaters in 40 C.F.R. Part 60, subpart AAA (2025), and to implement the federal emission standards for new residential forced-air furnaces and new residential hydronic heaters in 40 C.F.R. Part 60, subpart QQQQ (2025). The department may also adopt rules to establish and implement emission standards for masonry heaters, which may include incorporation of federal emission standards adopted by the United States environmental protection agency. If the department adopts rules as authorized in this section, the department shall adopt the emission performance standards as they exist on January 1, 2025. The department may amend the rules from time to time to maintain consistency with the emission performance standards adopted by the United States environmental protection agency unless the department finds that the requirements adopted by the United States environmental protection agency are less stringent than those in effect under this section or that the changes would adversely impact air quality. The department may adopt by rule a sell-through provision allowing retailers to sell United States environmental protection agency-certified wood burning devices in their inventory for up to 12 months after a device is removed from the department's certification list. Notwithstanding any other provision of this chapter which allows an authority to adopt more stringent emission standards, no authority shall adopt any emission standard for new wood burning devices other than the statewide standard adopted by the department under this section.
No wood burning device shall be offered for sale in this state to residents of this state that does not meet the statewide emission performance standards adopted by the department under this section, using an applicable test methodology adopted by the United States environmental protection agency.
After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such fireplace meets the 1990 United States environmental protection agency standards for woodstoves or equivalent standard that may be established by the state building code council by rule. Prior to January 1, 1997, the state building code council shall establish by rule a methodology for the testing of factory-built fireplaces. The methodology shall be designed to achieve a particulate air emission standard equivalent to the 1990 United States environmental protection agency standard for woodstoves. In developing the rules, the council shall include on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers.
Prior to January 1, 1997, the state building code council shall establish by rule design standards for the construction of new masonry fireplaces in Washington state. In developing the rules, the council shall include on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers. It shall be the goal of the council to develop design standards that generally achieve reductions in particulate air contaminant emissions commensurate with the reductions being achieved by factory-built fireplaces at the time the standard is established.
Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from wood burning devices, except where authorized by chapter 199, Laws of 1991.
Subsection (1)(a) of this section shall not apply to fireplaces.
For wood burning devices for which the United States environmental protection agency has not established emission standards, the department may exempt or establish, by rule, statewide standards including emission levels and test procedures for such devices .
A program to:
Determine whether a new wood burning device complies with the statewide emission performance standards and certification requirements adopted under subsection (1) of this section; and
Publish a list of devices that comply with the statewide emission performance standards and certification requirements.
No person shall sell, offer to sell, or knowingly advertise to sell a wood burning device in this state to a resident of this state unless the wood burning device meets the applicable emission standard and certification requirements adopted by the department under RCW 70A.15.3530.
Any person who sells, offers to sell, or knowingly advertises to sell a wood burning device in this state in violation of RCW 70A.15.3540 shall be subject to the penalties and enforcement actions under this chapter.
Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:
Not burn wood in any wood burning device whenever the department has determined under RCW 70A.15.6010 that any air pollution episode exists in that area;
Not burn wood in any wood burning device except those which are certified by the department under RCW 70A.15.3530(1) , in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by the department or any authority, for that area.
A first stage of impaired air quality is reached when forecasted meteorological conditions are predicted to cause fine particulate levels to exceed 35 micrograms per cubic meter, measured on a 24-hour average, within 48 hours, except for areas of fine particulate nonattainment or areas at risk for fine particulate nonattainment;
A first stage burn ban for impaired air quality may be called for a county containing fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, and when feasible only for the necessary portions of the county, when forecasted meteorological conditions are predicted to cause fine particulate levels to reach or exceed 30 micrograms per cubic meter, measured on a 24-hour average, within 72 hours; and
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Not burn wood in any wood burning device in a geographical area and for the period of time that a second stage of impaired air quality has been determined by the department or any authority, for that area. A second stage of impaired air quality is reached when a first stage of impaired air quality has been in force and has not been sufficient to reduce the increasing fine particulate pollution trend, fine particulates are at an ambient level of 25 micrograms per cubic meter measured on a 24-hour average, and forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below 25 micrograms per cubic meter for a period of 24 hours or more from the time that the fine particulates are measured at the trigger level.
A second stage burn ban may be called without calling a first stage burn ban only when all of the following occur and shall require the department or the local air pollution control authority calling a second stage burn ban under this subsection to comply with the requirements of subsection (3) of this section:
(A) Fine particulate levels have reached or exceeded 25 micrograms per cubic meter, measured on a ‑24-hour average;
(B) Meteorological conditions have caused fine particulate levels to rise rapidly;
(C) Meteorological conditions are predicted to cause fine particulate levels to exceed the 35 micrograms per cubic meter, measured on a 24-hour average, within 24 hours; and
(D) Meteorological conditions are highly likely to prevent sufficient dispersion of fine particulate.
iii. In fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, a second stage burn ban may be called for the county containing the nonattainment area or areas at risk for nonattainment, and when feasible only for the necessary portions of the county, without calling a first stage burn ban only when (c)(ii)(A), (B), and (D) of this subsection have been met and meteorological conditions are predicted to cause fine particulate levels to reach or exceed 30 micrograms per cubic meter, measured on a 24-hour average, within 24 hours.
Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from wood burning devices, except where authorized by chapter 199, Laws of 1991.
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The department or any local air pollution control authority that has called a second stage burn ban under the authority of subsection (1)(c)(ii) of this section shall, within 90 days, prepare a written report describing:
The meteorological conditions that resulted in their calling the second stage burn ban;
Whether the agency could have taken actions to avoid calling a second stage burn ban without calling a first stage burn ban; and
Any changes the department or authority is making to its procedures of calling first stage and second stage burn bans to avoid calling a second stage burn ban without first calling a first stage burn ban.
After consulting with affected parties, the department shall prescribe the format of such a report and may also require additional information be included in the report. All reports shall be sent to the department and the department shall keep the reports on file for not less than five years and available for public inspection and copying in accordance with RCW 42.56.090.
For the purposes of chapter 219, Laws of 2012, an area at risk for nonattainment means an area where the three-year average of the annual 98th percentile of 24 hour fine particulate values is greater than 29 micrograms per cubic meter, based on the years 2008 through 2010 monitoring data.
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Nothing in this section restricts a person from installing or repairing a certified wood burning device that meets the applicable emission standard and certification requirements adopted by the department under RCW 70A.15.3530 in a residence or commercial establishment or from replacing a wood burning device with a certified wood burning device that meets the applicable emission standard and certification requirements adopted by the department under RCW 70A.15.3530. Nothing in this section restricts a person from burning wood in a wood burning device, regardless of whether a burn ban has been called, if there is an emergency power outage. In addition, for the duration of an emergency power outage, nothing restricts the use of a wood burning device or the temporary installation, repair, or replacement of a wood burning device to prevent the loss of life, health, or business.
For the purposes of this subsection, an emergency power outage includes:
Any natural or human-caused event beyond the control of a person that leaves the person's residence or commercial establishment temporarily without an adequate source of heat other than the wood burning device; or
A natural or human-caused event for which the governor declares an emergency in an area under chapter 43.06 RCW, including a public disorder, disaster, or energy emergency under RCW 43.06.010(12).
Unless allowed by rule under chapter 34.05 RCW, a person shall not cause or allow any of the following materials to be burned in any residential wood burning device:
Garbage;
Treated wood;
Plastics;
Rubber products;
Animals;
Asphaltic products;
Waste petroleum products;
Paints;
Any substance, other than properly seasoned fuel wood, which normally emits dense smoke or obnoxious odors.
To achieve and maintain attainment in areas of nonattainment for fine particulates in accordance with section 172 of the federal clean air act, a local air pollution control authority or the department may, after meeting requirements in subsection (3) of this section, prohibit the use of wood burning devices, except:
Fireplaces as defined in RCW 70A.15.3510(3), except if needed to meet federal requirements as a contingency measure in a state implementation plan for a fine particulate nonattainment area; or
Woodstoves meeting the standards set forth in RCW 70A.15.3580(1)(b)
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Prior to prohibiting the use of wood burning devices under subsection (2) of this section, the department or the local air pollution control authority must:
Seek input from any city, county, or jurisdictional health department affected by the proposal to prohibit the use of wood burning devices; and
Make written findings that:
The area is designated as an area of nonattainment for fine particulate matter by the United States environmental protection agency, or is in maintenance status under that designation;
Emissions from wood burning devices in the area are a major contributing factor for violating the national ambient air quality standard for fine particulates; and
The area has an adequately funded program to assist low-income households to secure an adequate source of heat, which may include woodstoves meeting the requirements of RCW 70A.15.3510(9).
If and only if the nonattainment area is within the jurisdiction of the department and the legislative authority of a city or county within the area of nonattainment formally expresses concerns with the department's written findings, then the department must publish on the department's website the reasons for prohibiting the use of wood burning devices under subsection (2) of this section that includes a response to the concerns expressed by the city or county legislative authority.
When a local air pollution control authority or the department prohibits the use of wood burning devices as authorized by this section, the cities, counties, and jurisdictional health departments serving the area shall cooperate with the department or local air pollution control authority as the department or the local air pollution control authority implements the prohibition. The responsibility for actual enforcement of the prohibition shall reside solely with the department or the local air pollution control authority. A city, county, or jurisdictional health department serving a fine particulate nonattainment area may agree to assist with enforcement activities.
A prohibition issued by a local air pollution control authority or the department under this section shall not apply to:
A person in a residence or commercial establishment that does not have an adequate source of heat without burning wood; or
A person with a shop or garage that is detached from the main residence or commercial establishment that does not have an adequate source of heat in the detached shop or garage without burning wood.
On June 7, 2012, and prior to January 1, 2015, the local air pollution control authority or the department shall, within available resources, provide assistance to households using wood burning devices to reduce the emissions from those devices or change out to a lower emission device. Prior to the effective date of a prohibition, as defined in this section, on the use of uncertified stoves, the department or local air pollution control authority shall provide public education in the nonattainment area regarding how households can reduce their emissions through cleaner burning practices, the importance of respecting burn bans, and the opportunities for assistance in obtaining a cleaner device. If the area is designated as a nonattainment area as of January 1, 2015, or if required by the United States environmental protection agency, the local air pollution control authority or the department may prohibit the use of uncertified devices.
As used in this section:
"Jurisdictional health department" means a city, county, city-county, or district public health department.
"Prohibit the use" or "prohibition" may include requiring disclosure of an uncertified device, removal, or rendering inoperable, as may be adopted by rule by a local air pollution control authority or the department. The effective date of such a rule may not be prior to January 1, 2015. However, except as provided in RCW 64.06.020 relating to the seller disclosure of wood burning appliances, any such prohibition may not include imposing separate time of sale obligations on the seller or buyer of real estate as part of a real estate transaction.