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ORDINANCE NO. 5
(Series of 1986)
AN ORDINANCE REPEALING ORDINANCE NO. 47 (SERIES OF
1985) PERTAINING TO WOODBURNING DEVICES AND REENACTING
SECTION 11-2.3 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN, COLORADO, TO PROHIBIT THE INSTALLATION OF MORE
THAN ONE UNCERTIFIED WOODBURNING DEVICE AND MORE THAN
ONE CERTIFIED WOODBURNING DEVICE IN ANY BUILDING OTHER
THAN A DUPLEX; AND AMENDING SECTION 11-2.2 TO SET FORTH
DEFINITIONS OF "BOARD", "BUILDING", "CERTIFIED DEVICE",
AND "SOLID FUEL BURNING DEVICE"
WHEREAS, a peti tion has been submitted to the city council
requesting that Ordinance No. 47 (Series of 1985) be repealed;
and
WHEREAS, the City Council has considered the request of the
petitioners and deems it to be in the best interest of the
citizens and visitors of the City of Aspen to repeal Ordinance
No. 47 (Series of 1985) and to amend Section 11-2.3 to prohibit
the installation of more than one uncertified woodburning device
and more than one certified woodburning device in any building,
except for duplexes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Ordinance No. 47 (Series of 1985) be and the same is
hereby repealed.
Section 2
That Section 11-2.2 of the Municipal Code of the City of
Aspen, Colorado, be and the same is hereby amended by repeal ing
and reenacting subsection (a) to provide for an amended
definition for "Board", adding definitions for "Building" and
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"Certified Devices" to be lettered as subsections (b) and (c),
respectively repealing the definition "Oregon Method 7" currently
set forth as subsection (f), relettering subsections "(b")
through "(i)" to "(d)" through "(j)" to achieve alphabetical
sequencing, repealing the definition of solid fuel burning
devices currently set forth in subsection (h) and reenacting the
definition of "Solid Fuel Burning Device". New subsections (a),
(b), (c) and (i) shall read as follows:
"(a) 'Board' shall mean the City of Aspen Clean Air Board.
(b) 'Building' shall mean any structure used or intended
for supporting or sheltering any use or occupancy.
(c) 'Certified device' shall mean an airtight woodstove
excluding inserts, which the Department can verify has
particulate emissions of less than or equal to 12
gm/hour at 5,000 feet and carbon monoxide emissions of
less than or equal to 200 gm/hour at 5,000 feet, with
testing, weather weighting and altitude adjustment
performed according to the procedures of Colorado Air
Quality Control Commission Regulation No.4, Appendix
A, or less than or equal to 8.5 grams of particulates
per hour and less than or equal to 200 grams per hour
of carbon monoxide, when tested in accord with
Regulation 4, Appendix B, as it may be amended from
time to time and which is hereby incorporated by
ref erence.
Subsection (h) shall be repealed and reenacted as follows:
(i) 'Solid fuel burning device' shall mean and include any
solid fuel burning device, including but not limited
to, free-standing fireplaces, airtight stoves, franklin
stoves, conventional masonry fireplaces, pre-fabricated
zero clearance fireplaces, any similar fireplace the
operation of which requires it to be built in the
structure as a component of the building, a fireplace
insert or another device intended for use to heat
interior habitable space or for aesthetic enjoyment,
provided such device is capable of burning solid fuel
such as wood, coal, and/or any other solid fuel. The
number of openings in such a device shall not be given
effect in determining whether such device is allowed.
A building permit pursuant to Chapter 7 of this code is
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required for the installation, reinstallation,
replacement, moving or alteration of all such devices."
All the aforesaid definitions shall be relettered as
appropriate to achieve alphabetical sequence.
Section 3
That Section 11-2.3 of the Municipal Code of the City of
Aspen, Colorado, is hereby reenacted to read as follows:
"Section 11-2.3. Solid Fuel Burning Devices
It shall be unlawful for any person to construct, install,
maintain or operate any solid fuel burning device within the City
of Aspen in a manner not in compliance with this section.
(a) No building permit shall be issued for or including the
installation of any solid fuel burning device (s)
capable of burning wood, or component(s) thereof unless
the number of such device or devices in each structure
is less than or equal to the following:
(1) Any building, other than a duplex may have one
solid fuel burning device.
(2) Any d upl ex un i t may have one sol id fuel burning
device per uni t if the uni t has one tho u sand
(1,000) sq ua re feet or more of internal heated
floor area, exclusive of the garage.
(b) One certified solid fuel burning device per building
shall be exempt from provision (a) of this section. In
addition, a duplex unit containing less than 1,000
square feet of internal heated floor area, exclusive of
the garage, may have one certified device.
On or before June 1st of each year, the Department
shall publish a list of devices known to be certified,
which list shall be available for inspection at the
Department's offices.
(c) Natural gas fireplaces incapable of burning wood are
exempt from the provisions of this section.
(d) No sol id fuel burning dev ice shall be allowed to burn
coal except for those devices al ready being used to
burn coal on June 1, 1983. Prima facie proof of such
operation prior to June 1, 1983, shall be deemed to be
given if operators of such devices provide proof in
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writing to the Aspen/Pitkin Environmental Health
Department of such operation within three (3) months of
the effective date of adoption of Ordinance No. 12,
1983) (Ord. No. 12-1983 SSe 6)
Section 4
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
portion thereof.
Section 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5
A public hearing on the ordinance shall be held on the 10th
day of February 1986, at 0100 Lone Pine Road, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law of
the City Council of the City of Aspen on the 27th day of January
1986.
~.
Will iam L.
c~
ATTEST:
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/ cP'-/v
and approved this
of
FINALLY adopted, passed
a~':r
ATTEST:
1986.
day
~~~~
William L. Stirling, Mayor
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