Loading...
HomeMy WebLinkAboutordinance.council.014-77RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 14 (Series of 1977) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM MECHANICAL CODE, 1976 EDITION, AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THERE- ~ITH WHEREAS, the City Council desires to adopt, for the benefit of the City of Aspen, the 1976 edition of the Uniform Mechanical Code, to repeal existing mechanical code provisions, and implement recommended changes to the 1976 edition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Repeal of Existing Sections That sections 7-245, and 7-246 of Chapter 7 of the Municipal Code of the City be repealed and reenacted as follows: Section 2. Adoption of the Uniform Mechanical Code That Section 7-245 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows: "Section 7-245. Uniform Mechanical Code Adopted Pursuant to the power and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, it is hereby adopted as the mechanical code of the City of Aspen, by reference thereto, the Uniform Mechanical Code, 1976 edition (excepting Section 203 thereof but including Appendices A, B, and C thereto) published by the International Association for Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California 90032, and the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, all to have the same force and effect as though set forth herein in every particular." RECORD OF PROCEEDINGS 100 Leaves Section 3. Adoption of Amendments Thereto That section 7-246 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows: "Section 7-246 Amendments (a) The Uniform Mechanical Code, 1976 Edition, Sec. 803 is hereby amended by deletion of the second para- graph and to read as follows: 'Sec. 803 Vented Decorative Appliances In addition to the general requirements specified in Section 802, every vented decorative appliance shall comply with the requirements specified for heating equipment and heating appliances of this code.' (b) The Uniform Mechanical Code, 1976 Edition, Sec. 2213(J) is hereby amended to read as follows: 'Sec. 2213(J) Barbecue or Fireplace Outlets All gas outlets located in a barbecue shall be controlled by an approved operating valve located not more than 4 feet from such outlets. Gas outlets in a solid fuel burning fireplace are not permitted.'" Section 4. Adoption of Penalties That Section 7-246 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted as Section 7-247 to read as follows: "Section 7-247 Violations and Penalties (a) It shall be unlawful for any person, firm or corpora- tion to erect, install, alter, repair, relocate, add to, replace, use or maintain heating, ventilating, cooling or refrigeration equipment in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this code. Maintenance --2-- RECORD OF PROCEEDINGS 100 Leaves of equipment which would be unlawful at the time it was installed and which would be unlawful under this code if installed after the effective date of this shall constitute a continuing violation of this code, code. (b) Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted and upon conviction of any such viola- tion such person shall be punished by a fine not to exceed Three Hundred Dollars ($300.00), or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. Section 5 That the purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling to design construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances. Section 6 That three copies of the primary code and secondary code being considered for adoption by this ordinance, all certified to be true copies by the Mayor and City Council, shall be on file with the City Clerk and shall be open for public inspection in her office at the Aspen City Hall, Aspen, Colorado, any weekday between the hours of 9 A.M. and 5 P.M., at least fifteen days preceeding the public hearing on this ordinance. -3- RECORD OF PROCEEDINGS 100 Leaves Section 7 That on passage of this ordinance, and adoption of this code by reference, one copy of the Code may be kept in the office of the chief enforcement officer instead of in the office of the City Clerk. Following the adoption of this code, the City Clerk shall at all times maintain a reasonable supply of copies of the Code available for purchase by the public. Section 8 That existing ordinances or parts of ordinances covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. Section 9 If any provision of this ordinance or the application thereof to any person or circumstance shall be found to be invalid, such invalidity shall not affect any remaining portion or application which can be given effect and to this end this ordinance is declared to be severable. Section 10 A public hearing on this ordinance shall be held on the ~-- day of ~~ , 1977, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Pursuant as amended to the provisions of Section 31-12-403, C.R.S. 1973,/notice of the hearing shall be published at least twice, once at least eight (8) days preceding the hearing and once at least fifteen (15) days preceding it. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular -4- RECORD OF PROCEEDINGS 100 Leaves meeting held at the City of Aspen on ATTEST: the ~ day of 1977./"~) ~ Kathryn S. ~a6[er City Clerk FINALLY adopted, ATTEST: passed and approved on the ~-- day of ~'acy ~%~dley III Mayor / - - / City Clerk -5- RECORD OF PROCEEDINGS 100 Le~,es STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk'of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the C~ty of Aspen one,-1977, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~/ , 19777, and was finally adopted and approved at a regular meeting of the City Council on Ordinance No. provided by law. , 1970, and ordered published as , Series of 197 7 , of said City, as IN WITNESS WHEREOF, I the seal of said City of Aspen, Colorado, day of ~'~, 1977. have hereunto set my hand and this /~ ~ ~er ,~f/~ City Clerk