HomeMy WebLinkAboutordinance.council.074-92
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ORDINANCE NO. 74
(Series of 1992)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING AND RE-
ENACTING ARTICLE II OF CHAPTER 11 OF THE ASPEN MUNICIPAL CODE
ENTITLED "AIR QUALITY"; TO RESTATE THE CITY COUNCIL'S DECLARATION OF
POLICY; SIMPLIFY AND CONSOLIDATE PROVISIONS REGULATING THE USE OF
SOLID FUEL BURNING DEVICES AND RESTAURANT GRILLS; AND TO CODIFY
ORDINANCE NO. 59, AS AMENDED, WHICH ESTABLISHED THE CLEAN AIR
ADVISORY BOARD.
WHEREAS, the City Council desires to consolidate and simplify many of the ordinances
it has adopted in the past to regulate the use of solid fuel burning devices and restaurant grills
(Ord. No. 12-1983, Ord. No. 47-1985, Ord. No. 5-1986, Ord. No. 20-88, Ord. No. 38~88,
Ord. No. 48-1988, and Ord. No. 54-1989); and
WHEREAS, the City Council did adopt Ordinance No. 59, Series of 1985, establishing
the Clean Air Review Board, describing the composition of the board, the terms and
qualifications of its members, and listing the powers and duties of the board; and
WHEREAS, the City Council did amend Ordinance No. 59, Series of 1985, by the
adoption of Ordinance No.8, Series of 1988, and Ordinance No. 18, Series of 1990; and
WHEREAS, none of the ordinances establishing the Clean Air Review Board or
amendments thereto have been codified in the Aspen Municipal Code and the City Council
desires to do so at this time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That Article II of Chapter 11 of the Municipal Code of the City of Aspen, Colorado, is
hereby repealed and reenacted to read as follows:
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ARTICLE II. AIR QUALITY
Sec. 11.2.1.
Air Quality, Declaration of Policy.
The city council hereby finds and declares that air quality is an important component of
the health, safety and welfare of the citizens and community of the City of Aspen and that the
air quality in and around the City of Aspen is threatened by various pollutants. The city council
finds and declares that it has a duty to not only protect and improve the air quality in and around
the City of Aspen for the health, safety and general welfare of the city but also for the economic
and aesthetic well-being of the city as a resort community and to preserve the scenic natural
resources of the community. To this end, it is the purpose of this Article to achieve the
maximum practical degree of air purity possible by requiring the use of all available practical
methods and techniques to control, prevent and reduce air pollution throughout the city and to
maintain a co-operative air quality program with the County of Pitkin, State of Colorado, and
the United States Environmental Protection Agency. It is further declared that the control,
prevention and abatement of air pollution within the city is a matter of significant local interest
and that the following regulations are enacted by the exercise of the city's police powers,
including those granted to the city pursuant to Section 25-7-128, C.R.S., as amended.
Sec. 11.2.2.
Definitions.
(a)
Board shall mean the City of Aspen Clean Air Advisory Board.
(b)
Building shall mean any structure used or intended for supporting or sheltering
any use or occupancy including, but not necessarily limited to, boardinghouses,
bed and breakfasts, attached and detached dwellings, group homes, hotels, lodges,
motels, office buildings, commercial or retail buildings, public buildings,
roominghouses, recreation clubs, resident occupied units, and restaurants (as
those structures are defined in the Land Use Regulations at Chapter 24 of this
Code).
(c) Charbroiler shall mean a cooking device in a commercial food service establish-
ment, either gas fired or using charcoal or other fuel, upon which grease drips
down upon an open flame, charcoal or embers.
(d) Commission shall mean the Colorado Air Quality Control Commission.
(e) Decorative gas appliance shall mean a device utilizing natural gas as a fuel
designed to appear as a real fireplace with a 4 to 5 inch Class B vent, fixed glass
doors, and a fire box no deeper than 24 inches.
(f)
Department shall mean the Aspen/Pitkin Environmental Health Department.
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(g)
Department certified device shall mean a Colorado Phase III certified device, a
Phase II EP A certified device, or a gas log fireplace.
(h) Director shall mean the director of the Aspen/Pitkin Environmental Health
Department.
(i) Division shall mean the Colorado Department of Health, Air Pollution Control
Division.
Q) Food service establishment shall mean any place where food is prepared and
intended for individual portion service, including any site where individual
portions are provided regardless of whether the food provided is consumed on or
off the premises or whether there is a charge for the food served.
(k) Gas log fireplace shall mean a fireplace designed and constructed to be serviced
by natural gas, containing an approved gas log set, and not designed or intended
for the combustion of any solid fuel, including wood.
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High-fat content meat shall mean any meat and/or the meat portion of any meat
product having a precooked fat percentage equal to or greater than fifteen percent
(15%) by weight according to established laboratory testing procedures as
determined by the Department, such meat and/or meat products including,
without limitation, hamburger, chopped beef, ground beef, beef sausage, beef
ribs, pork sausage, pork ribs and sausage made from any form of meat or
combination of meats.
Phase III certified device shall mean any wood-burning device that meets the most
stringent standards adopted by the Commission pursuant to Section 25-7-lO6.3,
C.R.S.
Phase II EPA certified device shall mean an airtight wood burning stove certified
by the EPA to have low PMIO emissions evidenced by a certificate label affixed
to the device by the manufacturer.
Solid fuel burning device shall mean a burning device designed for solid fuel
combustion so that usable heat is derived for the interior of a building, and
includes, without limitation, solid fuel-fired stoves, wood stoves of any nature,
fireplaces, pellet stoves, solid fuel-fired cooking stoves, combination fuel furnaces
or boilers which burn solid fuel, or any other device used for the burning of solid
combustible material. Solid fuel burning devices do not include gas log fireplaces,
decorative gas appliances or electrical appliances.
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Sec. 11.2.3.
Establishment of the Clean Air Advisory Board.
There is hereby established the Clean Air Advisory Board for the City of Aspen,
Colorado, which board shall serve at the pleasure of the City Council.
Sec. 11.2.4.
Composition; Terms; Qualifications.
The Board shall be constituted as follows:
(a) The Clean Air Advisory Board shall consist of three (3) members who shall serve
overlapping three (3) year terms and two (2) alternate members who shall serve
three (3) year terms. The members and alternate members of the Board shall be
appointed by the City Council.
(b) Except for the filling of vacancies, all terms of appointments shall be for three
(3) year periods and the terms of all Board members shall commence as of
October 1 of the appropriate year.
(c) All members of the Board shall serve at the pleasure of the City Council and may
be removed by majority vote thereof.
Sec. 11.2.5.
Powers and duties.
The Board is hereby empowered with the following duties and authority:
(a)
The Board shall constitute the City's component of the Aspen/Pitkin County
"Clean Air Advisory Board" established according to Pitkin County Resolution
77-62 and amended by Pitkin County Resolutions 77-144 and 77-157 and Joint
Resolution 79-130.
(b)
The Board shall act as the City Council's designee for the purpose of granting
variances and conducting hearings pertaining to air quality standards and Section
11.4.8 of the City of Aspen Municipal Code, and shall hear appeals from
decisions of the Director in connection with enforcement of the City of Aspen
Clean Indoor Air Act, Article IV of Chapter 11.
(c)
The Board shall recommend amendments to the Air Quality Standards and
Regulations in effect in the City of Aspen.
(d)
The Board shall perform such other duties specifically assigned to it by the City
Council of the City of Aspen.
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Sec. 11.2.6.
Rules of Procedure.
(a) A quorum to transact business of the Clean Air Advisory Board shall consist of
three (3) members. An alternate may vote and serve as a member in the absence
of a member.
(b) At the first meeting of each year after October 1, the Board shall elect a
chairperson, vice chairperson, and secretary.
(c) The Board shall establish regular meeting times and days. Special meetings may
be called by the chairperson or at the request of any two (2) members on at least
twenty-four (24) hours notice to each member and alternate member of the Board,
provided that a special meeting may be held on shorter notice if all members of
the Board waive notice in writing. No business shall be transacted at any special
meeting unless it has been stated in the notice of such meeting.
(d) All regular and special meetings of the Board shall be open to the public except
for executive sessions as are permitted by law. Citizens shall have a reasonable
opportunity to be heard and all minutes and other records of actions of the Board
shall be made available to the public.
(e)
The Board may adopt by-laws for the conduct of its business not inconsistent with
this article and the Charter and Municipal Code of the City of Aspen and shall
adopt such rules of procedure as it deems necessary.
Sec. 11.2.7. through Sec. 11.2.9. Reserved.
Sec. 11.2.10.
Solid Fuel Burning Devices, Installation aud Retrofit.
(a)
No person shall repair, alter, move, install, or re-install a solid fuel burning
device or gas log fireplace without having first obtained a building permit in
accordance with Chapter 7 of this Code.
(b)
No person shall replace a solid fuel burning device which is substantially
destroyed, demolished, or in need of replacement with another solid fuel burning
device, unless the replacement is a Department certified device. Solid fuel
burning devices lawfully existing and installed as of the date of enactment of this
ordinance may be repaired to the extent that such repair, in the reasonable
judgment of the chief building inspector, is necessary to prevent the existence of
an unsafe condition, and that such repair will not affect the fire box.
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(c)
No person shall install a solid fuel burning device in any building unless it is a
Department certified device.
(d) No person shall install more than two (2) Department certified devices in any
single building.
(e) Each new solid fuel burning device, gas log fireplace or gas appliance shall be
registered with the Department upon installation and prior to final approval of
such installation by the Department. Such registration shall be obtained by
submission of the stove and fireplace registration form provided by the
Department and upon payment of the fee prescribed by Section 2-38(f) of this
Code.
Sec. 11.2.11. Coal Burning Prohibition.
No person shall burn coal in a solid fuel burning device.
Sec. 11.2.12.
Non-Owner Occupied Dwelling Units.
No property owner shall rent a building if a solid fuel burning device is the sole source
of heat. Property owners, and not tenants, shall be liable for any penalty imposed for a violation
of this section.
Sec. 11.2.13 through Sec. 11.2.29.
Reserved.
Sec. 11.2.30.
Restaurant Grills.
It shall be unlawful for any person to construct, maintain or operate a restaurant grill in
a commercial food service operation within the City of Aspen in a manner not in compliance
with this section.
(a)
Charbroiler grills installed in commercial food service establishments on or after
January 1, 1993, shall install, operate, and maintain a control device that reduces
uncontrolled PMIO emissions by at least ninety percent (90 %), according to
manufacturer specified removal efficiencies. This subsection (a) shall not apply
to the replacement of an existing charbroiler with a charbroiler having a cooking
surface area that is less than or equal to the cooking surface of the charbroiler
being replaced. Commercial food service establishments with charbroilers that re-
open for business after being closed for a period of six (6) months or more shall
be subject to the provisions of this subsection to the same extent as commercial
food service establishments that install charbroilers on or after January 1, 1993.
Control devices required by this subsection (a) shall be maintained according to
manufacturer's recommended guidelines. All owners and operators of food
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service operations subject to the provisions of this subsection (a) shall maintain
records containing the control device's installation date, manufacturer's recom-
mended maintenance guidelines, and the actual maintenance performed on the
control device.
(b)
Existing charbroilers installed after April 25, 1983, but before January 1, 1993,
in a commercial food service establishments which have high-fat-content meat
listed on the establishment's printed menu (or otherwise regularly serve such
items), shall be required to install a grooved griddle or, if some other cooking
device is used, to install alternate emissions control devices having ultimate
emissions equivalent to a grooved griddle in proper working order, as determined
by the Department, such alternate devices including, without limitation, electro-
static precipitators. Owners and operators choosing to install alternate emission
control devices shall operate and maintain such devices according to manufac-
turer's recommended guidelines. Owners and operators of food service estab-
lishments subject to the provisions of this subsection (b) who claim to serve meat
that is not high-fat-content shall allow the Department to enter upon the
establishment at all times reasonable for the purpose of obtaining a sample of
meats prepared on the charbroiler.
Sec. 11.2.31. through Sec. 11.2.69.
Reserved.
Sec. 11.2.70.
Engine Idling.
(a) Except as hereinafter provided, it shall be unlawful for any person to idle or
permit the idling of the motor of any stationary motor vehicle for a prolonged or
unreasonable period of time determined herein to be five (5) minutes or more
within anyone hour period of time.
(b) This section shall not apply when an engine must be operated in the idle mode for
safety reasons including, but not limited to, the operation of cranes and fork lifts
used in the construction industry.
(c) The time required by a diesel powered motor vehicle with a gross weight rating
of 10,000 pounds or more while operating in a stationary position to achieve a
temperature of 120 degrees Fahrenheit and an air pressure of 100 pounds per
square inch, shall not be included in the computation of the five (5) minutes
determined herein to be a prolonged or unreasonable period of time. The
temperature and air pressure as indicated on the vehicle's gauges may be used for
determining the diesel engine's temperature and air pressure.
(d)
The time during which transportation vehicles are actively loading or discharging
passengers shall not be included in the computation of the five (5) minutes
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determined herein to be a prolonged or unreasonable period of time. A
transportation vehicle shall be defined for purposes of this section to mean motor
vehicles designed to transport a minimum of sixteen persons
Section 2
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 3
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 hearing on the ordinance shall be held on the ~ day of
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199{, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ ANDORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the '1 ~ day of !J{/1J.fJ-w. b~ , 199)..
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John S. Bennett, Mayor
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Kathryn S. Ko@l, City Clerk ) -7 vv- r- - j ~,
FINALLY adopted, passed and approved this / 'f
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, 1992.
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John S. Bennett, Mayor
ATTEST:
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athryn S. h, City Clerk ) <,..-"--1 ~1 ct-C
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