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Home My WebLink Aboutordinance.council.020-88 ORDINANCE NO. ~ (Series of 1988) AN ORDINANCE AMENDING PORTIONS OF SECTION 11 ARTICLE II OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO REGULATE AND REGISTER FIREPLACES AND SOLID FUEL BURNING DEVICES, REQUIRING FIREPLACES INSTALLED IN THE FUTURE TO CONTAIN AND BE USED ONLY WITH TECHNOLOGY WHICH MAKES THEM APPROVED CLEAN-BURNING DEVICES, PERMITTING FIREPLACES CONTAINING AND OPERATED WITH GAS LOGS TO BE CONSIDERED "CERTIFIED DEVICES", AND PRESCRIBING THE PENALTY FOR A VIOLATION OF SAID AMENDMENT WHEREAS, the Aspen area has exceeded healthful levels of total particulates for most of the years from 1975 through 1987; and WHEREAS, PM10 levels in Aspen have also been found to exceed healthful levels; and WHEREAS, these levels of PM10 pollution also cause visibil- ity degradation which is harmful to the quality of life of residents and visitors; and WHEREAS, the Colorado Health Department has through numerous studies that woodburning is one significant sources of PM10 pollution in Aspen, and source of the toxic portion of PM10 pollution, and determined of the two is the main WHEREAS, the Aspen area has measured three exceedances of the health standards for PM10 pollution, after less than one winter of monitoring; and WHEREAS, the intent of this ordinance is to promote clean air and to encourage alternative technologies and approaches to improving air quality, and WHEREAS, the City Council of the City of Aspen desires to provide financial assistance if possible to citizens unable to upgrade existing solid fuel burning devices to cleaner devices, and to do so needs to determine the number of such devices; and WHEREAS, the City Council, for the purpose of protecting the health, safety and welfare of the residents and visitors of the City of Aspen, desires to amend portions of Section 11, Article II of the Municipal Code of the City of Aspen to regulate construction and use of fireplaces and other solid fuel burning devices. Page 2 June 28, 1988 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 11 Article 11, subsection 11-2.2 (c) of the Municipal Code of the City of Aspen is hereby amended to read as follows: "Sec. 11-2.2(c) Certified stove shall mean an airtight woodstove excluding inserts, which the department can verify has particulate emissions of less than or equal to twelve (12) gm/hour at five thousand (5000) feet and carbon monoxide emis- sions of less than or equal to two hundred (200) gm/hour at five thousand (5000) feet, with testing, weather weighing 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 eight and five-tenths (8.5) grams of particu- lates per hour and less than or equal to two hundred (200) grams per hour of carbon monoxide, when tested in accord with Regula- tion 4, Appendix B, as it may be amended from time to time and which is hereby incorporated by reference; or a fireplace with gas service, containing an approved gas log set, provided that wood not be burned in said fireplace." Section 2 That Section 11 Article II, subsection 11-2.3 of the Municipal Code of the City of Aspen is hereby amended by adding a subsection (e) which subsection reads as follows: "Sec. 11-2.3 (e) All solid fuel burning devices, gas log fireplaces, and gas appliances within the City of Aspen shall be registered in the following manner. (i) Each new solid fuel burning device or gas fireplace or gas appliance shall be registered with the Aspen/Pitkin Environmental Health Department upon installation and prior to final approval of such installation by the Aspen/Pitkin Regional Building Department. Such registration shall be obtained by submission of the Stove and Fireplace Registra- tion Form provided by the Environmental Health Department. (ii) Each existing solid fuel burning device, gas log containing fireplace, or natural gas fireplace appliance shall be registered with the Aspen/Pitkin Environmental Heal th Department on or before October 1, 1988 by submis- sion of the Fireplace and Stove Registration Form obtained Page 3 June 28, 1988 from the Environmental Health Department. (iii) Rights to an existing stove or fireplace may not be sold pursuant to Aspen Ordinance No. 87-53 or pitkin County Resolution No. 85-14 unless the device was properly re- gistered with the Aspen/Pitkin Environmental Health Depart- ment on or prior to October 1, 1988. (iv) Any person convicted of violating any provision of this article shall be punished by a fine of not more than three hundred dollars ($300.00), for each separate offense, and may be enjoined from any further or continued violation thereof. Each day any violation of this article shall continue shall constitute a separate offense." section 3 That section 11 Article II, subsection 11-2.3 of the Municipal Code of the City of Aspen is hereby amended by adding a subsection (f) which subsection reads as follows: "Sec. 11-2.3 (f) Construction of all fireplaces within the City of Aspen shall take place in the following manner: (i) After July 5, 1988, no fireplace shall be constructed which does not have emissions of less than or equal to those required for stove certification pursuant to Regulation No. 4 of the State of Colorado, when tested in a manner approved by the Colorado Department of Health and Aspen/pitkin Environmental Health Department when tested in the open door mode by an approved laboratory; or contain gas logs and gas service to the fireplace or contain other devices which the Aspen/Pitkin Environmental Health Department determines are equivalent, unless the building permit application for such fireplace construction was complete and submitted to the Building Department prior to that date. (ii) No fireplace constructed after July 5, 1988 may be operated with wood or other solid material as a fuel source, unless the Aspen/pitkin Environmental Health Department has determined that the device to be used has emissions when operated in the open door mode, of less than or equal to those of a certified stove. (iii) "Any person convicted of violating any provision of this article shall be punished by a fine of not more than three hundred dollars ($300.00), for each separate offense, and may be enjoined from any further or continued violation thereof. Each day any violation of this article shall Page 4 June 28, 1988 continue shall constitute a separate offense." section 4 That Section 11 Article II, subsection 11-2.3 of the Municipal Code of the City of Aspen is hereby amended by adding a subsection (h) which subsection reads as follows: "Sec. 11-2.3 (h) It shall be unlawful for any person to construct, maintain or operate any fireplace in a building within the City of Aspen in a manner in violation of this section. section 5 The penalty for a violation of Section 11-2.3 (h) as amended shall be the penalty provided for in section 11-4.9 (e) as follows: "Any person convicted of violating any provision of this article shall be punished by a fine of not more than three hundred dollars ($300.00), for each separate offense, and may be enjoined from any further or continued violation thereof. Each day any violation of this article shall continue shall constitute a separate offense." Section 6 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. Section 7 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 8 A public hearing on the ordinance shall be held on the 23rd day of May, 1988, 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 on the 9th day of May, page :> June 28, 1988 1988. A'l'TEST: ~;d&", ) Kathryn . Koch, City Clerk ~FINALLY adopted, passed and approved this 27th ~ ' 1988. ~ ~ ~~--4" ~/~~~ william L. stirling, Mayor day of ATTEST: ord20fin.pm