FAQ: Fairbanks Wood Stove Regulations & Real Estate Sales

Summary

A new regulation (18 AAC 50.081) clarifies the requirements for registering wood-fired heating devices with the Alaska Department of Environmental Conservation (DEC) before a property sale. Sellers must either register their devices or submit a change of ownership notification if they are already registered. Noncompliant woodstoves must be removed before closing. Real estate professionals are responsible for informing buyers and sellers about these requirements.

Starting December 31, 2025, properties must have an energy rating completed by a certified energy rater before being listed for sale. This rating must include weatherization resources and be provided to buyers and DEC. Complete regulatory details can be found on 18 AAC 50 Full Text (PDF)

Select question below to show answer.

Understanding the New Rules

Why are these new wood stove regulations in place?

This regulation helps reduce harmful fine particulate matter (PM_2.5) in the Fairbanks North Star Borough, contributing to heart and lung disease. Woodstoves and solid fuel-fired heating devices produce about 80% of PM_2.5 pollution. The regulation requires the removal of non-EPA-certified devices, outdoor hydronic heaters, and older EPA-certified stoves to improve air quality. Alaska must submit an air quality plan for EPA approval. If rejected, the EPA can impose its plan and withhold highway funding. The new real estate, energy rating, and weatherization requirements address previous EPA concerns and are expected to help secure approval. EPA’s comment period on Alaska’s plan is open through February 7, 2025. More details can be found on EPA Proposed Air Quality Plan Approval website

When did these regulations pass?

The new regulations were publicly announced on March 11, 2024. Hearings took place on April 10, 2024, and the public comment period closed on May 10, 2024. The regulations were adopted on November 4, 2024, signed on November 8, 2024, and went into effect on December 8, 2024.

Have there always been rules about wood stoves in property sales? What’s changing?

Yes, some regulations have been in place for years, but new requirements take effect in December 2024 and December 2025 to further reduce air pollution. Existing rules:

Since 2017, noncompliant wood-fired heating devices must be removed or replaced before property sales
Since 2018, non-EPA-certified coal-fired heating devices must be removed or replaced.
Since 2020, all hydronic heaters and most coal-fired devices must be removed, and wood-fired heating devices must be registered before closing.

What's New

As of December 2024, buyers and sellers must submit a change of ownership notification if the stove is registered.
As of December 2024, real estate agents have a defined role ensuring compliance with air quality regulations.
Beginning in December 2025, energy ratings will be required before listing a property.

Impact on Real Estate Transactions

What is a real estate professional’s responsibility?

Real estate professionals must inform buyers and sellers of their obligations under air quality regulations. While agents are not responsible for enforcement, they must ensure their clients understand and comply with these rules.

Key Responsibilities:

Registration: Sellers must register wood-fired heating devices with DEC before selling, leasing, or transferring a property.
Removal of noncompliant stoves: Non-EPA-certified stoves, older high-emission EPA-certified stoves, and non-pellet outdoor hydronic heaters must be removed before December 31, 2024, or before the property is sold, whichever comes first.
Coal-fired devices: Coal-fired heating devices cannot be installed, sold, leased, or reinstalled in the nonattainment area. They must be removed before December 31, 2024, or before a property sale unless exempt.

Is a real estate professional liable if a homeowner ignores the regulations?

Real estate professionals are not liable if they inform buyers and sellers of their obligations under these regulations. Agents are not responsible if a seller fails to disclose a noncompliant wood-fired heating device that the agent was unaware of.

Will DEC increase these requirements in the future?

DEC does not plan to increase these requirements. Current air quality modeling projects that the nonattainment area will meet standards by 2027. However, if this timeline is not met, the EPA may require stricter regulations.

Why are energy audits required?

EPA required DEC to include building codes or weatherization as a control requirement from EPA’s partial disapproval of DEC’s earlier plan. The energy audits were added as a compromise that satisfied what would have otherwise been more burdensome requirements, such as adopting stringent building codes.

How will this program be implemented?

DEC will monitor the available energy market closely to determine if there is any necessary administrative relief that can be offered. In the example of a home having a recent energy audit on file, DEC would absolutely offer a waiver from needing a second audit. DEC intends to use the time before the energy audit becomes mandatory to engage stakeholders and work through implementation issues.

Resources

Where can I find the list of home energy auditors?: Alaska Housing Finance Corporation (AHFC) maintains an updated list authorized Energy raters. Please review the list
What training is available to become an energy rater?: AHFC provides training and certification for individuals interested in becoming energy raters. DEC is working with AHFC to ensure there are enough certified professionals to meet demand. Learn more on the AHFC Energy Rater website
Are financial assistance programs available?: AHFC offers programs to help with energy ratings and weatherization costs. Please visit the AHFC website to check available rebates and apply.

Division of Air Quality Air Non-Point and Mobile Sources