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ORDINANCE NO,
Series of 1999
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING CHAPTER 13.08 OF rHE MUNICIPAL CODE OF THE CITY OF ASPEN BY
AMENDING SECTIONS 13.08.020 - DEFINITIONS, 13.08,070 - SOLID FUEL BURNING
DEVICES, SECTION 13,08,080 - COAL BURNING PROHIBITION, AND SECTION
13,08.090, NON-OWNER OCCUPIED DWELLING UNITS,
WHEREAS, the City Council desires to amend Chapter 13,08 of the Aspen Municipal
Code relating to Air Quality.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1,
That Section 13,08,020 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended to read as follows:
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13.08.020 Definitions.
(a) Board shall mean the City of Aspen Clean Air Advisory Board,
(b) Charbroiler shall mean a cooking device in a commercial food service
establishment either gas fired or using charcoal or other fuel, upon which grease drips down
upon an open flame, charcoal or embers,
(c) Commission shall mean the Colorado Air Quality Control Commission.
(d) Decorative gas appliance shall mean a device utilizing natural gas as a fuel
designed to appear as a real fireplace with a 4 to 5 inch Class B vent, fixed glass doors, and a fire
box no deeper than 24 inches,
(e) Food Service establishment shall have the same meaning as the definition for the
term in Section 12-44-202 of the Colorado Revised Statutes, as amended.
(f) High-fat-content meat shall mean any meat and/or the meat portion of any meat
product having a precooked fat percentage equal to or greater than fifteen (15) percent by weight
according to established laboratory testing procedures as determined by the department, such
meat and/or meat products including, without limitation, hamburger, chopped beef, ground beef,
beef sausage, beef ribs, pork sausage, pork ribs and sausage made from any form of meat or
combinations of meats,
Section 2.
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That Section 13.08,070 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended to read as follows:
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13.08,070 Fireplaces and Woodstoves.
. (a) No person shall repair, alter, move, install, or re-install a solid fuel burning device
or gas log fireplace without have first obtained a building permit in accordance with Title 8 of
this Code.
(b) No person shall replace a solid fuel burning device which is substantially
destroyed, demolished, or in need of replacement with another solid fuel burning device, unless
the replacement is a Department certified device. Solid fuel burning devices lawfully existing and
installed as of the date of enactment of this ordinance may be repaired to the extent that such
repair, in the reasonable judgment of the chief building inspector, is necessary to prevent the
existence of an unsafe condition, and that such repair will not affect the fire box,
(c) No person shall install a solid fuel burning device in any building unless it is a
Department certified device,
(d) No person shall install more than two (2) Department certified devices in any
single building,
(e) Each new solid fuel burning device, gas log fireplace or gas appliance shall be
registered with the Department upon installation and prior to final approval of such installation
by the Department. Such registration shall be. obtained by submission of the stove and fireplace
registration form provided by the Department and upon payment of the fee prescribed by Section
2.12,050(f) of this Code,
(f) Notwithstanding any provision of this section to the contrary, any pre-existing
wood burning fireplace which is destroyed or demolished by an act of God or through any
manner not willfully accomplished by the owner may be restored as of right with a gas log
fireplace; provided, however, that a building permit for reconstruction shall be issued within
twelve (12) months of the date of the demolition or destruction
Section 3.
That Section 13,08,080 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended to read as follows:
13.08.080 Coal Burning Prohibition,
No person shall burn coal in a solid fuel buming device,
Section 4.
That Section 13.08,090 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended to read as follows:
13.08.090 Non-Owner Occupied Dwelling units.
No property owner shall rent a building if a fireplace or woodstove is the sole source of
heat, Property owners, and not tenants, shall be liable for any penalty imposed for a violation of
this section,
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~. Section 5,
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the
same shall be construed and concluded under such prior ordinances,
Section 6.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions hereof,
A public hearing on the ordinance shall be held on the _ day of
, 1999, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado,
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City
of Aspen on the f day of ~---'_ ,1999,
ATTEST:
Kathryn S, h, City Clerk
FINALLY adopted, passed and approved this~ day of ~.A..~ .1999.
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JPW-03/02/99-G:\john\word\ords\fireplace.doc
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Proposed changes to Chapter 13.08 - Air Quality
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13.08.020 Definitions.
(a) Board shall mean the City of Aspen Clean Air Advisory Board,
(b) Building shall mean any structuro usod or intondod for supporting
or sholtering any uso or oooupanoy ineluding but not neoessarily limited to,
boardinghouses, bod and br-oakfasts, attaohed and detaohed dwollings, €Ireblp
homos, hotels, lodges, motels, offioo buildings, oommer-eial or rotail buildings,
publio buildings, roominghouses, rooroation olubs, rosidont oooupiod units, and
rOutaur.ants (au those struoturos ar-o dofined in the Land Use Regulations at Titlo
26 of thiu Codo),
(126) Charbroiler shall mean a oooking device in a commercial food
service establishment, either gas fired or using charcoal or other fuel, upon which
grease drips down upon an open flame, charcoal or embers,
(2€1) Commission shall mean the Colorado Air Quality Control
Commission,
(ge) Decorative gas appliance shall mean a device utilizing natural gas
as a fuel designed to appear as a real fireplace with a 4 to 5 inch Class B vent,
fixed glass doors, and a fire box no deeper than 24 inches,
(f) DepartmeRt shall mean tho Aspon/Pitkin Environmontal Hoalth
Departmont.
(g) Department eertifieB Bevioe shall moan a Colorado Phase /II
oortified aevieo, a Phase II EP^ oertifiod dovioo, or a gas log fir-eplaoo,
(h) DireGter shall moan tho dirootor of tho Asp on/Pitkin Environmontal
Hoalth Departmont.
0) Di':isien Elhall mean the Color.ado Dopartment of Health, /\ir
Pollution Control Division,
(sti) Food Service establishment shall have the same meaning as the
definition for the term in Section 12-44-202 of the Colorado Revised Statutes, as
amended,
(k) Gas leg fireplaee shall moan a fir-oplaGe designoa and oonstruGtod
to bo sorvicod by natural gas, oontaining an approved gau log sot, and not
designod or intended for tho oombustion of any solid fuel, ineluding '....ood,
(fl) High-fat-content meat shall mean any meat and/or the meat
portion of any meat product having a precooked fat percentage equal to or
greater than fifteen (15) percent by weight according to established laboratory
testing procedures as determined by the department, such meat and/or meat
products including, without limitation, hamburger, chopped beef, ground beef,
beef sausage, beef ribs, pork sausage, pork ribs and sausage made from any
form of meat or combinations of meats,
(m) Phase III sertified devise shall mean any wood burning dovioe
that moots tho most utringont standardu adoptod by tho Commiusion pursuant to
Soctien 267106.6, C,R.S.
(n) Phase II EPA sertifieB devise shall moan an airtight wood burning
utO'lO Gertifiod by tho EPA to ha'/e low PM1 0 omiuoions ovidonood by a Gortifioato
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labol affixod to tho dovioo by tho manufaoturor,
(0) Selid fuel burning de'.'ise shall moan a burning devioe dOElignod
for selia fuel soml:luetien eo that ueablo hoat is dorivod fer the interior of a
bUilain!,!, ana insludes, without limitation, solid kJeI fir-od stoves, woea stovoe or
any naturil, firoplaoos, pollot GtO\<os, solid fwol firod sooking etovos, oornbination
fuol furnaoos or boiler€ whioh burn solid fuol, or any othor dovioo ueod for tho
bumin!,! of solid sernbuetil:lle motorial. Solia fwel Dwmin!'! aovises do not insluao
gas lo!,! fir-oplasoEl, aeserati'/e gas applianses or oleotrisal applianses.
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13.08.070 Selia fuel burRiag E1e'VieesFireDlaces and W oodstoves.
(a) No person shall repair, alter, move, install, or re-install a solid fuel
buming device or gas log fireplace without have first obtained a building permit in
accordance with Title 8 of this Code,
(b) No person shall replace a solid fuel burning device which is
substantially destroyed, demolished, or in need of replacement with another solid
fuel buming device, unless the replacement is a Department certified device,
Solid fuel burning devices lawfully existing and installed as of the date of
enactment of this ordinance may be repaired to the extent that such repair, in the
reasonable judgment of the chief building inspector, is necessary to prevent the
existence of an unsafe condition, and that such repair will not affect the fire box,
(c) No person shall install a solid fuel burning device in any building
unless it is a Department certified device.
(d) No person shall install more than two (2) Department certified
devices in any single building,
(e) Each new solid fuel burning device, gas log fireplace or gas
appliance shall be registered with the Department upon installation and prior to
final approval of such installation by the Department. Such registration shall be
obtained by submission of the stove and fireplace registration form provided by
the Department and upon payment of the fee prescribed by Section 2,12.050(f)
of this Code,
(f) Notwithstanding any provision of this section to the contrary, any
pre-existing wood burning fireplace which is destroyed or demolished by an act
of God or through any manner not willfully accomplished by the owner may be
restored as of right with a gas log fireplace; provided, however, that a building
permit for reconstruction shall be issued within twelve (12) months of the date of
the demolition or destruction
13.08.080 Coal Burning Prohibitic:m.
No person shall burn coal in a solid fuel burning device,
13,08.090 Non-Owner Occupied Dwelling units.
No property owner shall rent a building if a solid fuel burning dovioo
fireplace or woodstove is the sole source of heat. Property owners, and not
tenants, shall be liable for any penalty imposed for a violation of this section.
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