HomeMy WebLinkAboutordinance.council.088-76RECORD OF PROCEEDINGS
100 Leaves
ORDINANCE NO. 88
(Series of 1976)
AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE
BY THE ADDITION OF SECTION 3708 THERETO LIMITING
THE NUMBER OF FIREPLACES CONSTRUCTED AND ESTABLISHING
DESIGN CRITERIA WITH RESPECT THERETO; FURTHER ESTABLISH-
ING MINIMUM AIR QUALITY STANDARDS FOR THE CITY AS WELL
AS CONCENTRATIONS THAT WILL PRECIPITATE "ADVISORY",
"CAUTION" AND "ALERT" STATUS; AUTHORIZING THE DEPART-
MENT OF ENVIRONMENTAL HEALTH TO PROMULGATE FIREPLACE
AND AUTOMOBILE REGULATIONS WHEN AN "ALERT" IS DECLARED;
AND PROVIDING FOR AN APPEAL TO THE CITY COUNCIL FROM
APPLICATION OF ANY REGULATION PROMULGATED
WHEREAS, the City Council has determined that the
abundance of fireplaces and increased automobile traffic in the
Aspen area has precipitated the need for fireplace regulations
and air pollution alert proceedings,
WHEREAS, such legislation
susceptibility to air pollution, (2)
and
is premised on (1) Aspen's
the finding that concentra-
tions of carbon monoxide constitute health hazards, (3) the need
to reduce air pollution damage to local vegetation and wildlife
populations, and (4) the conclusion that maintenance of high air
quality standards is necessary in Aspen where the prime industry
(tourism) mandates pleasing surroundings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That Section 7-141 of the Municipal Code of the City
of Aspen, Colorado, is hereby amended by the addition of sub-
section (r) thereto, which said subsection reads:
(r) The Uniform Building Code is hereby amended
by the addition of Section 3708, which said
section shall read as follows:
"Sec. 3708 Regulation of Number and Con-
struction of Fireplaces.
(a) The number of fireplaces that may
RECORD OF PROCEEDINGS
100 Leaves
(b)
(c)
be constructed is hereby limited to
the following:
1. Single family dwelling (less
than 4,000 square feet) ...
one fireplace per dwelling unit.
2. Single family dwelling (in
excess of 4,000 square feet) ...
two fireplaces per dwelling unit.
3. Hotel, motel, inn, lodge ...
one fireplace per lobby or guest
entertainment room; no fireplaces
in guest rooms.
4. Duplex, tri-plex, four-plex,
and other multi-family units ...
one fireplace per unit provided
each unit is 1,000 square feet or
larger; no fireplaces in smaller
units.
All fireplaces shall be constructed such
that their operation will increase heat
energy supplied to the living area in
quantities greater than that lost
through air exchange during combustion;
and, in addition, be constructed in con-
formance with any design standards that
may be promulgated (or approved) by the
City engineer which are designed to
increase heat energy supplied.
The term "fireplace" as used herein
includes a conventional masonry fire-
place, a prefabricated zero clearance
fireplace, and any similar fireplace
-2-
RECORD OF PROCEEDINGS
100 Leaves
Caution shall consist of an announcement by the Depart-
ment of Health that concentration levels are getting dangerously
high and that more stringent emission controls may be forthcoming.
Alert shall authorize the Department of Health to restrict
use of automobiles and fireplaces until minimum air quality standards
are reestablished.
Section 4
The Department may, with respect to fireplace controls,
require, among others, the following:
1. That fireplaces be operated only within limited
time periods.
2. That only completely dry woods be used in fire-
places within the City.
Section 5
The Department may, with respect to auto use, rquire,
among other things, the following:
1. The establishment of auto free areas within which
automobiles may not be driven.
2. The establishment of intercept parking lots so that
automobiles may be required to be parked outside the
city limits and passengers transported to the city by
means of public mass transportation.
3. The imposition of fees for parking within the city
limits to discourage driving into the city.
Section 6
All alert regulations shall be reasonable measures
designed to achieve reestablishment of minimum air quality standards
within the City of Aspen. Any person aggrieved by any regulation
promulgated by the Department of Health may appeal to the Aspen
City Council whose determination on the matter shall be final.
Section 7
The penalty provisions of Section 25-7-125(8) C.R.S.
-4-
RECORD OF PROCEEDINGS
100 Leaves
1973 shall apply to violations of the sections hereof.
Section 8
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalid-
ity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance
are declared to be severable.
Section 9
A public hearing on the ordinance shall be held on
, 1977, at 5:00 P.M. 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, Colorado, at its
regular meeting held at the City of Aspen on the __ day of
, 1977.
ATTEST:
Stacy Standley III
Mayor
Kathryn S. Hauter
City Clerk
FINALLY adopted,
of
passed and approved on the __
, 1977.
day
ATTEST:
Stacy Standley III
Mayor
Kathryn S. Hauter
City Clerk
-5-