HomeMy WebLinkAboutordinance.council.041-08ORDINANCE NO. 41
(SERIES 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY
THE ADDITION OF A NEW CHAPTER 8.15 TO ESTABLISH THE
RESPONSIBILITIES FOR CARBON MONOXIDE DETECTORS.
WHEREAS, exposure to carbon monoxide (CO), a colorless, odorless gas, can cause
headaches, dizziness, nausea, faintness, and, at high levels, death; and
WHEREAS, carbon monoxide (CO) may be present in residential occupancy sleeping
areas as a result of sources of heat or energy created by fossil fuels or by the use of
machinery or vehicles powered by fossil fuels, causing a significant risk to their
occupants, as well as emergency services personnel who may come to their aid; and,
WHEREAS, a tragedy occurred in the vicinity of the City of Aspen on the night of
November 27, 2008, resulting in the deaths of four people from carbon monoxide
poisoning; and,
WHEREAS The City Council considers it in the best interest of the public health,
safety, and welfare of the citizens and guests of Aspen to adopt this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
Title 8 of the Aspen Municipal Code is hereby amended by the addition of a new Chapter
8.15, which chapter shall read as follows:
Chapter 8.15
Carbon Monoxide Detectors
Section 8.15.010 Purpose and Scope.
This chapter is enacted for the purpose of protecting the health and safety of the residents
of the City, its visitors and employees, by requiring operable carbon monoxide detectors
in existing and new residential occupancies thereby hopefully reducing the number of
injuries and fatalities resulting from carbon monoxide (CO) poisoning.
The provisions of this ordinance shall apply to all new residential construction containing
a sleeping unit, additions to residential buildings containing a sleeping unit, remodels of
residential buildings containing a sleeping unit for which a building permit is required
and to the replacement or addition of a fuel burning appliance for which a permit is
required.
Section 8.15.020 Definitions.
The following terms as used in this chapter shall have the indicated meaning:
Building Codes: The building, fire and other technical codes adopted pursuant to Chapter
8 of this Code.
CO Detector: A device sensing invisible particles of cazbon monoxide that is either
battery powered or AC powered with battery back up that has been installed in
accordance with its manufacturer's recommendations, which, when activated, will
provide some form of visual or audible detector, and which has been either UL
(Underwriters Laboratories Inc.) listed or CSA (Canadian Standards Association)
approved.
Dwelling: Any building or portion thereof containing one or more dwelling units
occupied as, or deigned or intended for occupancy as, a residence by one or more
families.
Dwelling Unit: Any building or portion thereof designed, occupied, or intended as a
residence, with complete and independent living facilities for one or more persons
including permanent provisions for living, sleeping, eating, cooking and sanitation.
Residential Occupancies:
A. Any of the residential uses as such terms are defined and described in
International Residential Code and International Building Code in Chapter 8.16 and 8.20
of this Code.
B. Any residential occupancy or any institutional occupancy with sleeping units
as such terms are defined in the building codes.
C. Any other occupancy used for sleeping purposes.
Separate Sleeping Area: Bedrooms or sleeping rooms sepazated by other use areas, such
as a kitchen or living room, but not including bathrooms.
Sleeping Unit: A room or space in which people sleep, which can also include permanent
provisions for living, eating, and either sanitation or kitchen facilities but not both.
Section 8.15.030 Responsibilities.
A. All existing residential occupancies and all residential occupancies to be
constructed after the effective date of this ordinance shall be equipped with CO detectors
in accordance with the requirements of this Chapter,
B. The owner of a residential occupancy shall be responsible to install and
maintain required CO detector(s) in such residential occupancy in accordance with the
requirements of this Chapter. The owner of a residential occupancy shall test and replace
all batteries necessary for operation of a required CO detector, except for dwellings or
dwelling units where the tenant has been notified of such responsibility. The owner of a
residential occupancy shall immediately repair or replace any defective CO detector
required under the provision of this Chapter.
C. The owner of a dwelling or dwelling unit that is rented or leased to a tenant,
shall immediately, upon notice from the tenant, repair or replace a defective CO detector
required to be located within such dwelling or dwelling unit, except that the owner need
not repair or replace any CO detector where the defective condition was caused by the
tenant, the tenant's family, or the tenant's guests or invitees. The owner shall install new
batteries in any required CO detector at the beginning of a new lease or tenancy. The
owner shall furnish to the tenant at the beginning of a new lease or new tenancy written
notice of the owner's responsibility to install and maintain a required CO detector on the
premises. The tenant shall inform the owner of any CO detector malfunction, test and
replace batteries necessary for operation and repair or replace a defective CO detector in
the event that the defective condition was caused by the tenant, the tenant's family, or the
tenant's guests or invitees, by inappropriate use or misuse of the dwelling or dwelling
unit during the rental teen or any extension of it.
D. A tenant in possession of a dwelling or dwelling unit shall be responsible for
testing and replacing any batteries necessary for operation of a required CO detector,
informing the owner of a CO detector malfunction and repairing or replacing a defective
CO detector in the event that the defective condition was caused by the tenant, the
tenant's family, or the tenant's guests or invitees, by inappropriate use or misuse of the
dwelling or dwelling unit during the rental term or any extension of it.
8.15.040 Carbon Monoxide Detector -Installation Requirements.
A. Carbon Monoxide detector(s) shall be centrally located outside of each
separate sleeping area in the immediate vicinity of the bedrooms or sleeping rooms.
Residential occupancies shall be considered to be in compliance with this requirement if
CO detector(s) are installed within a dwelling unit such that an audible signal not less
than 70 decibels reaches each sleeping area. CO detectors shall be hard wired in new
construction. In interior alterations, repairs or additions requiring a permit, or when one
or more sleeping rooms are added or created in existing dwellings, detectors shall be hazd
wired where the alterations or repairs result in the removal of interior wall or ceiling
finishes unless there is an attic , crawlspace or basement available which would provide
access for hard wiring.
B. Cazbon monoxide detectors shall be installed within each sleeping azea
containing any fuel burning appliance such as a gas log, decorative gas fireplace
appliances, gas clothes dryer or wood burning appliance, etc.
C. It is the intention of this Chapter to implement the requirements of the existing
building codes, including NFPA #720, 2009 edition approved as an American October
10, 2008, to the greatest extent practicable for existing residential occupancies. The
building official or the fire official may approve alternative locations or methods for the
installation of CO detectors, if the result would meet the spirit and intent of the building
codes and NFPA #720. The building official, in coordination with the fire official, may
also adopt written guidelines illustrating or describing required locations of CO detectors,
and any approved alternative locations or methods for bringing residential occupancies
into compliance with the requirements of this chapter.
D. A CO detector is deemed approved for purposes of this Chapter if it complies
with all applicable state and federal regulations, and bears the label of a nationally
recognized standard testing laboratory and meets the revised standazd of at least UL 2034
and subsequent revision or its equivalent. The CO detector may be a combination
smoke/gas/CO device.
E. Each CO detector shall be mounted in accordance with the manufacturer's
instructions, though a ceiling mount is preferred. CO detector(s) may not be mounted in
azeas of low air movement (dead air spaces),
F. If a CO detector is required to be installed in a common hallway and found to
be tampered with it shall be replaced with shard-wired device (missing or inoperable
batteries shall not constitute tampering). Any CO detector found to be missing a battery
shall be replaced by the owner with a tamper proof CO detector with a sealed battery.
G. In new construction, the required CO detector shall receive their primary
power from the building wiring when such wiring is served from a commercial source,
and when primary power is interrupted, shall receive power from a battery. Wiring shall
be permanent and without a disconnecting switch other than those required for
overcurrent protection. CO detectors shall be permitted to be battery operated when
installed in buildings without commercial power or in buildings that undergo alterations,
repairs or additions as stipulated in Section 8.15.040 A.
Section 8.15.050 Prohibitions.
A. It shall be unlawful for any owner of a residential occupancy to fail to install
and maintain an operable CO detector when required under the provisions of this chapter.
B. It shall be unlawful for any person to remove or render ineffective a CO
detector installed to satisfy the requirements of this ordinance. This provision shall not
apply to a building owner, manager or his/her agent in the normal procedure of repairing
or replacing a CO detector.
. C. No person shall, without privilege to do so, knowingly move, deface, damage,
destroy or otherwise improperly tamper with a CO detector required to be installed
pursuant to the provisions of this Chapter so as to destroy or diminish its effectiveness or
availability for its intended purpose.
Section 8.15.060 Enforcement Responsibility.
The building official and the fire code official, or their designees, shall monitor
compliance with this Chapter and may perform enforcement inspections upon, but not
limited to, the following instances: when notified of a change in occupancy; when
reviewing or inspecting the construction, repair, rehabilitation or renovation of the
interior of a residential occupancy pursuant to a required permit, when inspecting at the
request of the building owner; when inspecting for any other purpose under the
provisions of this code; or when on the premises for any lawful purpose, including but
not limited to such purposes as responding to a fire or other request for fire department
services.
Section 8.15.070 Penalties and Remedies for Violations.
A. Infraction: A violation of the provisions of this Chapter is an infraction and
upon conviction shall be punishable as set forth in Chapter 1.04 of this Code.
B. Other Remedies: This Chapter may also be enforced by injunction,
mandamus, judicial abatement or any other appropriate action in law or equity.
C. Daily Violations: Each day that any violation of this Chapter continues shall be
considered a separate offense for purposes of the penalties and remedies available to the
city.
8.15.080 Effective Date: All owners of existing residential occupancies shall come
into compliance with the requirements of this Chapter on or before Mazch 2, 2009.
Section 2.
This ordinance shall become effective 30 days following passage and publication.
Section 3.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
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 portions thereof.
A public heazing on the ordinance was held on the 12th day of January, 2009, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHE as provided by law by the
City Council of the City of Aspen on the ~'~" day of~„ 2008.
Michael C.
AT~TES_T:
j~~.w` ~i'~~-
Kathryn S. I' h, City Clerk
APPROVED AS TO FORM:
` john or ester, City Attorney
1- iy -/o ~
FINALLY adopted, passed and approved this ~Z day of~q 200
:. Ireland,
I _ I ~} -
ATTEST:
Kathryn S. K ,City Clerk
1PW-saved: 12/19/2008-2085-G:\john\word\ords\carbon monoxide detec[ors.doc