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Home My WebLink Aboutordinance.council.006-71RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1971) AN ORDINANCE RELATING TO THE REGULATION AND CONTROL OF THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPER- ATION, AND MAINTENANCE OF HEATING, VENTILATING, COMFORT CONTROLL- ING, REGRIGERATION SYSTEMS, INCINERATORS AND OTHER MISCELLANEOUS HEAT-PRODUCING APPLIANCES; ADOPTING BY REFERENCE THERETO THE UNI- FORM MECHANICAL CODE OF THE UNIFORM BUILDING CODE OF THE INT~R- NATIONAL CONFERENCE OF BUILDING OFFICIALS, 1970 EDITION, VOLUME II, TOGETHER WITH APPENDIX B OF THE UNIFORM MECHANICAL CODE, 1970; REPEALING ALL PRIOR PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, 1962, AS AMENDED, CONCERNING THE MECHANICAL CODE HERETOFORE IN EFFECT; EXCEPT CHAPTER 3 OF TITLE II OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, CREATING AND ESTAB- LISHING THE BOARD OF APPEALS; REPEALING ALL ORDINANCES, PARTS AND SECTIONS OF ORDINANCES OF THE CITY OF ASPEN, COLORADO, IN CONFLICT OR INCONSISTENT HEREWITH; PROVIDING A PENALTY FOR VIOLATIONS OF SAID MECHANICAL CODE, AND PROVIDING FOR A PUBLIC HEARING IN RELATION THERETO. WHEREAS, the Building Inspector for the City of Aspen, Colorado has made a thorough study of the 1970 Edition of the Uniform Mechanical Code of the Uniform Building Code, Volume II, and WHEREAS, the Building Inspector for the City of Aspen, Colorado has made his recommendation to the City Council, and the City Council is of the opinion that the same should be acted upon. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to the power and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado there is hereby adopted as the Mechanical Code of the City of Aspen, by reference thereto, the Uniform Mechanical Code of the Uniform Building Code, 1970 Edition, Volume II (including Appendix B therein), and excepting Section 203 of such code concerning the Board of Appeals, published by the International Conference of Building Officials, 50 South Los Robles, Pasadena, California, all to have the same force and effect as though set forth herein in every particular. The adopted code has RECORD OF PROCEEDINGS 100 Leaves comprehensive provisions and standards regulating the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, comfort con- trolling, refrigeration systems, incinerators and other miscellan- eous heat-producing appliances for the purposes of protecting the public health, safety and general welfare. Section 2: Section 2212 of the Uniform Mechanical Code, 1970 Edition, is hereby amended by adding the following exception: "Sec. 2212 - Exception. Outside installations for gas lights, grills and in- cinerators A.G.A approved plastic pipe may be used, provided the appliance demand is less than 30,000 B.T.U. and not more than seven inches water column. The use of such plastic pipe must be mechanically protected." Section 3: Any and all sections or parts of sections of the Municipal Code of the City of Aspen, Colorado, 1962, as amended, or ordinances or parts of ordinances of the City of Aspen in conflict or inconsistent herewith are hereby repealed, pro- vided, however, that the repeal of any section or parts of sections of the Municipal Code of the City of Aspen, Colorado, 1962, as amended, or of any ordinance or part of ordinances of the City of Aspen shall not revive any other section of said Municipal Code, ordinance or ordinances heretofore repealed or superceded. Section 4: A public hearing on the adoption by reference thereto of the Uniform Mechanical Code of the Uniform Building Code of the International Conference of Building Officials, 1970 Edition, Volume II, together with Appendix B of the Uniform Mechanical Code, and repealing all ordinances inconsistent therewith and the same is hereby scheduled in the Council Chambers, City Hall, RECORD OF PROCEEDINGS 100 Leaves 130 South Galena, Aspen, Colorado at o~'.'~o'clock P.M., on Monday, the /~2~ day of ~ , 1971, and that the City Clerk of the City of Aspen ~e, and is hereby directed to publish notice of said public hearing in the manner and style and pursuant to the schedule for publication described in C.R.S. 193-34-3 (1963). Section 5: At least three (3) copies of the Uniform Mechanical Code of the Uniform Building Code of the International Conference of Building Officials, 1970 Edition, Volume II, together with Appendix B of the Uniform Mechanical Code, shall be on file at the office of the City Clerk of the City of Aspen, Colorado, at least 15 days preceding said hearing and may be inspected by any interested person between the hours of 8 o'clock A.M. and 5 o'clock P.M., Monday through Friday. After a public hearing thereon, a final reading and adoption by reference, the Mechanical Code as finally adopted shall be available for sale to the public through the office of the City Clerk of the City of Aspen, Colorado. Section 6: VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corporation to ~ect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contract to or in violation of any of the provisions of this Code. Any person, firm or corporation vio- lating any of the provisions of the Code shall be deemed guilty of a misdemeanor, and each 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, con- tinued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $300.00, or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment. Section 7: If any part, section, subsection, sentence, clause or phrase of this ordinance or of the Mechanical Code adopted hereby is for any reason held to be invalid, such de- cision shall not effect the validity of the remaining portions of this ordinance or of said Mechanical Code; thecity Council., hereby RECORD OF PROCEEDINGS 100 Leaves declares that it would have passed this ordinance and adopted said Mechanical Code in each part, section, subsection, semtence, clause or phrase thereof irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be de- clared invalid. Dated this ~ day of ATTEST: City Clerk of FINALLY ADOPTED, ~ , 1971. ATTEST: Clerk PASSED AND APPROVED this /:.7_~ day N.° 72 RECORD OF PROCEEDINGS 100 Leaves NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held before the City Council of the City of Aspen, Colorado, on Monday, the 12th day of April, 1971, at 5:00 p.m., at the Council Chambers, City Hall, 130 South Galena Street, Aspen, Colorado on a proposed "Ordinance relating to the regulation and control of the design, construction, installation, quality of materials, location, operation, and mainten- ance of heating, ventilating, comfort controlling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances; adopting by reference thereto the Uniform Mechanical Code of the Uniform Building Code of the International Conference of Building Officials, 1970 Edition, Volume II, together with Appendix B of the Uniform Mechanical Code, 1970; repealing all prior provisions of the Municipal Code of the City of Aspen, Colorado, 1962, as amended, concerning the Mechanical Code heretofore in effect; except Chapter 3 of Title II of the Municipal Code of the City of Aspen, Col orado creating and establishing the Boardof Appeals; repealing all ordinances, parts and sections of ordinances of the City of Aspen, Colorado, in conflict or inconsistent herewith; providing a penalty for violations of said Mechanical Code, and providing for a public hearing in re- lation thereto." The purpose of the Ordinance and Mechanical Code proposed to be adopted by reference therein is to provide comprehensive provisions and standards regulating and controlling the design, con- struction, installation, quality of materials, location, operating and maintenace of heating, ventilating, comfort controlling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances. Copies of the Uniform Mechanical Code, Volume II, 1970 Edition, proposed to be adopted together with the proposed Ordinance are on file and are available for public inspection in the office of the City Clerk at 130 South Galena Street, Aspen, Colorado. Dated at the City of Aspen, Colorado, this 8th day of March, 1971. BY ORDER OF THE CITY COUNCIL. ~Lorraine Graves, City Clerk Published in the Aspen Times March 18th and April 1st, 1971 STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on March 8 , 19~_, and published in the Aspen Times, a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue March 11 approved at a on April 12 Ordinance No. provided by law. , 197 1 regular , and was finally adopted and meeting of the City Council , 197 1 , and ordered published as , Series of 197 1 , of said City, as IN WITNESS WHEREOF, seal of said City of Aspen, Colorado, this day of April , 197 1 S~AL I have hereunto set my hand and the 13th rraine Graves, City Clerk