HomeMy WebLinkAboutordinance.council.020-88
ORDINANCE NO. ~
(Series of 1988)
AN ORDINANCE AMENDING PORTIONS OF SECTION 11 ARTICLE II OF THE
MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO REGULATE AND
REGISTER FIREPLACES AND SOLID FUEL BURNING DEVICES, REQUIRING
FIREPLACES INSTALLED IN THE FUTURE TO CONTAIN AND BE USED ONLY
WITH TECHNOLOGY WHICH MAKES THEM APPROVED CLEAN-BURNING DEVICES,
PERMITTING FIREPLACES CONTAINING AND OPERATED WITH GAS LOGS TO BE
CONSIDERED "CERTIFIED DEVICES", AND PRESCRIBING THE PENALTY FOR A
VIOLATION OF SAID AMENDMENT
WHEREAS, the Aspen area has exceeded healthful levels of
total particulates for most of the years from 1975 through 1987;
and
WHEREAS, PM10 levels in Aspen have also been found to exceed
healthful levels; and
WHEREAS, these levels of PM10 pollution also cause visibil-
ity degradation which is harmful to the quality of life of
residents and visitors; and
WHEREAS, the Colorado Health Department has
through numerous studies that woodburning is one
significant sources of PM10 pollution in Aspen, and
source of the toxic portion of PM10 pollution, and
determined
of the two
is the main
WHEREAS, the Aspen area has measured three exceedances of
the health standards for PM10 pollution, after less than one
winter of monitoring; and
WHEREAS, the intent of this ordinance is to promote clean
air and to encourage alternative technologies and approaches to
improving air quality, and
WHEREAS, the City Council of the City of Aspen desires to
provide financial assistance if possible to citizens unable to
upgrade existing solid fuel burning devices to cleaner devices,
and to do so needs to determine the number of such devices; and
WHEREAS, the City Council, for the purpose of protecting the
health, safety and welfare of the residents and visitors of the
City of Aspen, desires to amend portions of Section 11, Article
II of the Municipal Code of the City of Aspen to regulate
construction and use of fireplaces and other solid fuel burning
devices.
Page 2
June 28, 1988
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 11 Article 11, subsection 11-2.2 (c) of the
Municipal Code of the City of Aspen is hereby amended to read as
follows:
"Sec. 11-2.2(c) Certified stove shall mean an airtight
woodstove excluding inserts, which the department can verify has
particulate emissions of less than or equal to twelve (12)
gm/hour at five thousand (5000) feet and carbon monoxide emis-
sions of less than or equal to two hundred (200) gm/hour at five
thousand (5000) feet, with testing, weather weighing 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 eight and five-tenths (8.5) grams of particu-
lates per hour and less than or equal to two hundred (200) grams
per hour of carbon monoxide, when tested in accord with Regula-
tion 4, Appendix B, as it may be amended from time to time and
which is hereby incorporated by reference; or a fireplace with
gas service, containing an approved gas log set, provided that
wood not be burned in said fireplace."
Section 2
That Section 11 Article II, subsection 11-2.3 of the
Municipal Code of the City of Aspen is hereby amended by adding a
subsection (e) which subsection reads as follows:
"Sec. 11-2.3 (e) All solid fuel burning devices, gas log
fireplaces, and gas appliances within the City of Aspen shall be
registered in the following manner.
(i) Each new solid fuel burning device or gas fireplace or
gas appliance shall be registered with the Aspen/Pitkin
Environmental Health Department upon installation and prior
to final approval of such installation by the Aspen/Pitkin
Regional Building Department. Such registration shall be
obtained by submission of the Stove and Fireplace Registra-
tion Form provided by the Environmental Health Department.
(ii) Each existing solid fuel burning device, gas log
containing fireplace, or natural gas fireplace appliance
shall be registered with the Aspen/Pitkin Environmental
Heal th Department on or before October 1, 1988 by submis-
sion of the Fireplace and Stove Registration Form obtained
Page 3
June 28, 1988
from the Environmental Health Department.
(iii) Rights to an existing stove or fireplace may not be
sold pursuant to Aspen Ordinance No. 87-53 or pitkin County
Resolution No. 85-14 unless the device was properly re-
gistered with the Aspen/Pitkin Environmental Health Depart-
ment on or prior to October 1, 1988.
(iv) Any person convicted of violating any provision of
this article shall be punished by a fine of not more than
three hundred dollars ($300.00), for each separate offense,
and may be enjoined from any further or continued violation
thereof. Each day any violation of this article shall
continue shall constitute a separate offense."
section 3
That section 11 Article II, subsection 11-2.3 of the
Municipal Code of the City of Aspen is hereby amended by adding a
subsection (f) which subsection reads as follows:
"Sec. 11-2.3 (f) Construction of all fireplaces within the
City of Aspen shall take place in the following manner:
(i) After July 5, 1988, no fireplace shall be constructed
which does not have emissions of less than or equal to those
required for stove certification pursuant to Regulation No.
4 of the State of Colorado, when tested in a manner approved
by the Colorado Department of Health and Aspen/pitkin
Environmental Health Department when tested in the open door
mode by an approved laboratory; or contain gas logs and gas
service to the fireplace or contain other devices which the
Aspen/Pitkin Environmental Health Department determines are
equivalent, unless the building permit application for such
fireplace construction was complete and submitted to the
Building Department prior to that date.
(ii) No fireplace constructed after July 5, 1988 may be
operated with wood or other solid material as a fuel source,
unless the Aspen/pitkin Environmental Health Department has
determined that the device to be used has emissions when
operated in the open door mode, of less than or equal to
those of a certified stove.
(iii) "Any person convicted of violating any provision of
this article shall be punished by a fine of not more than
three hundred dollars ($300.00), for each separate offense,
and may be enjoined from any further or continued violation
thereof. Each day any violation of this article shall
Page 4
June 28, 1988
continue shall constitute a separate offense."
section 4
That Section 11 Article II, subsection 11-2.3 of the
Municipal Code of the City of Aspen is hereby amended by adding a
subsection (h) which subsection reads as follows:
"Sec. 11-2.3 (h) It shall be unlawful for any person to
construct, maintain or operate any fireplace in a building within
the City of Aspen in a manner in violation of this section.
section 5
The penalty for a violation of Section 11-2.3 (h) as
amended shall be the penalty provided for in section 11-4.9 (e)
as follows:
"Any person convicted of violating any provision of this
article shall be punished by a fine of not more than three
hundred dollars ($300.00), for each separate offense, and may be
enjoined from any further or continued violation thereof. Each
day any violation of this article shall continue shall constitute
a separate offense."
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 thereof.
Section 7
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 8
A public hearing on the ordinance shall be held on the 23rd
day of May, 1988, in the city Council Chambers, Aspen City
Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the city Council of the City of Aspen on the 9th day of May,
page :>
June 28, 1988
1988.
A'l'TEST:
~;d&", )
Kathryn . Koch, City Clerk
~FINALLY adopted, passed and approved this 27th
~ ' 1988.
~ ~ ~~--4"
~/~~~
william L. stirling, Mayor
day of
ATTEST:
ord20fin.pm