(1) "Masonry heater" has the meaning given that term in the American Society for Testing and Materials (ASTM) E1602-03, Standard Guide for Construction of Solid Fuel Burning Masonry Heaters, as in effect on January 1, 2010, or the meaning given that term by rule of the Environmental Quality Commission.

(2) "Pellet stove" means a heating device that uses wood pellets, or other biomass fuels designed for use in pellet stoves, as its primary source of fuel.

(3) "Residential structure" has the meaning given that term in ORS 701.005.

(4)(a) "Solid fuel burning device" means any device that burns wood, coal or other nongaseous or nonliquid fuels for aesthetic, space-heating or water-heating purposes in a private residential structure or a commercial establishment and that has a heat output of less than one million British thermal units per hour.

(b) "Solid fuel burning device" does not include:

(A) Masonry fireplaces built on homesites, or factory-built fireplaces, that are designed to be used with an open combustion chamber, that are without features to control air-to-fuel ratios and that meet minimum emission performance standards adopted by the commission, or all masonry fireplaces and factory-built fireplaces if the commission does not adopt any standards;

(B) Woodstoves built before 1940 that have an ornate construction and a current market value substantially higher than a common woodstove manufactured during the same period;

(C) Pellet stoves that meet minimum emission performance standards adopted by the commission, or all pellet stoves if the commission does not adopt any standards;

(D) Masonry heaters that meet minimum emission performance standards adopted by the commission, or all masonry heaters if the commission does not adopt any standards;

(E) Central, wood-fired furnaces that are indoors, ducted and thermostatically controlled, that have a dedicated cold air inlet and a dedicated hot air outlet that connect to the heating ductwork for the entire residential structure and that meet minimum emission performance standards adopted by the commission, or all central, wood-fired furnaces if the commission does not adopt any standards; and

(F) Other solid fuel burning devices identified in rules adopted by the commission.

(5)(a) "Trash burner" means any equipment that is used to dispose of waste by burning.

(b) "Trash burner" does not include an air contamination source that has been issued an air quality permit as described in ORS 468A.040.

(6) "Treated wood" means wood of any species that has been chemically impregnated, painted or similarly modified to prevent weathering and deterioration. [1991 c.752 §8a; 2009 c.387 §4]