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HomeMy WebLinkAboutordinance.council.005-86 ORDINANCE NO. 5 (Series of 1986) AN ORDINANCE REPEALING ORDINANCE NO. 47 (SERIES OF 1985) PERTAINING TO WOODBURNING DEVICES AND REENACTING SECTION 11-2.3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO PROHIBIT THE INSTALLATION OF MORE THAN ONE UNCERTIFIED WOODBURNING DEVICE AND MORE THAN ONE CERTIFIED WOODBURNING DEVICE IN ANY BUILDING OTHER THAN A DUPLEX; AND AMENDING SECTION 11-2.2 TO SET FORTH DEFINITIONS OF "BOARD", "BUILDING", "CERTIFIED DEVICE", AND "SOLID FUEL BURNING DEVICE" WHEREAS, a peti tion has been submitted to the city council requesting that Ordinance No. 47 (Series of 1985) be repealed; and WHEREAS, the City Council has considered the request of the petitioners and deems it to be in the best interest of the citizens and visitors of the City of Aspen to repeal Ordinance No. 47 (Series of 1985) and to amend Section 11-2.3 to prohibit the installation of more than one uncertified woodburning device and more than one certified woodburning device in any building, except for duplexes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Ordinance No. 47 (Series of 1985) be and the same is hereby repealed. Section 2 That Section 11-2.2 of the Municipal Code of the City of Aspen, Colorado, be and the same is hereby amended by repeal ing and reenacting subsection (a) to provide for an amended definition for "Board", adding definitions for "Building" and 1 "Certified Devices" to be lettered as subsections (b) and (c), respectively repealing the definition "Oregon Method 7" currently set forth as subsection (f), relettering subsections "(b") through "(i)" to "(d)" through "(j)" to achieve alphabetical sequencing, repealing the definition of solid fuel burning devices currently set forth in subsection (h) and reenacting the definition of "Solid Fuel Burning Device". New subsections (a), (b), (c) and (i) shall read as follows: "(a) 'Board' shall mean the City of Aspen Clean Air Board. (b) 'Building' shall mean any structure used or intended for supporting or sheltering any use or occupancy. (c) 'Certified device' shall mean an airtight woodstove excluding inserts, which the Department can verify has particulate emissions of less than or equal to 12 gm/hour at 5,000 feet and carbon monoxide emissions of less than or equal to 200 gm/hour at 5,000 feet, with testing, weather weighting 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 8.5 grams of particulates per hour and less than or equal to 200 grams per hour of carbon monoxide, when tested in accord with Regulation 4, Appendix B, as it may be amended from time to time and which is hereby incorporated by ref erence. Subsection (h) shall be repealed and reenacted as follows: (i) 'Solid fuel burning device' shall mean and include any solid fuel burning device, including but not limited to, free-standing fireplaces, airtight stoves, franklin stoves, conventional masonry fireplaces, pre-fabricated zero clearance fireplaces, any similar fireplace the operation of which requires it to be built in the structure as a component of the building, a fireplace insert or another device intended for use to heat interior habitable space or for aesthetic enjoyment, provided such device is capable of burning solid fuel such as wood, coal, and/or any other solid fuel. The number of openings in such a device shall not be given effect in determining whether such device is allowed. A building permit pursuant to Chapter 7 of this code is 2 required for the installation, reinstallation, replacement, moving or alteration of all such devices." All the aforesaid definitions shall be relettered as appropriate to achieve alphabetical sequence. Section 3 That Section 11-2.3 of the Municipal Code of the City of Aspen, Colorado, is hereby reenacted to read as follows: "Section 11-2.3. Solid Fuel Burning Devices It shall be unlawful for any person to construct, install, maintain or operate any solid fuel burning device within the City of Aspen in a manner not in compliance with this section. (a) No building permit shall be issued for or including the installation of any solid fuel burning device (s) capable of burning wood, or component(s) thereof unless the number of such device or devices in each structure is less than or equal to the following: (1) Any building, other than a duplex may have one solid fuel burning device. (2) Any d upl ex un i t may have one sol id fuel burning device per uni t if the uni t has one tho u sand (1,000) sq ua re feet or more of internal heated floor area, exclusive of the garage. (b) One certified solid fuel burning device per building shall be exempt from provision (a) of this section. In addition, a duplex unit containing less than 1,000 square feet of internal heated floor area, exclusive of the garage, may have one certified device. On or before June 1st of each year, the Department shall publish a list of devices known to be certified, which list shall be available for inspection at the Department's offices. (c) Natural gas fireplaces incapable of burning wood are exempt from the provisions of this section. (d) No sol id fuel burning dev ice shall be allowed to burn coal except for those devices al ready being used to burn coal on June 1, 1983. Prima facie proof of such operation prior to June 1, 1983, shall be deemed to be given if operators of such devices provide proof in 3 writing to the Aspen/Pitkin Environmental Health Department of such operation within three (3) months of the effective date of adoption of Ordinance No. 12, 1983) (Ord. No. 12-1983 SSe 6) 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 portion thereof. Section 5 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 5 A public hearing on the ordinance shall be held on the 10th day of February 1986, at 0100 Lone Pine Road, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the 27th day of January 1986. ~. Will iam L. c~ ATTEST: 4 / cP'-/v and approved this of FINALLY adopted, passed a~':r ATTEST: 1986. day ~~~~ William L. Stirling, Mayor 5