The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
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This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
A. By December 31, 1998, a city or town that is located in area A as defined in section 49-541 shall adopt, implement and enforce an ordinance that complies with the clean burning fireplace standards adopted by the metropolitan planning organization that is responsible for air quality planning in area A. The ordinance shall prohibit the installation or construction of a fireplace or wood stove unless it is one of the following:
1. A fireplace that has a permanently installed gas or electric log insert.
2. A fireplace, a wood stove or any other solid fuel burning appliance that is any of the following:
(a) Certified by the United States environmental protection agency as in compliance with 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.
(b) A wood stove tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.
(c) Determined by the county air quality control officer to meet performance standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.
3. A fireplace that has a permanently installed wood stove insert that complies with paragraph 2, subdivision (a), (b) or (c) of this section.
B. The ordinance shall prohibit the subsequent conversion or alteration of a permitted fireplace or wood stove to a nonpermitted use.
C. The ordinance may provide for exemptions from regulation for heating or industrial equipment, cooking devices and outdoor fireplaces.