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HomeMy WebLinkAboutordinance.council.088-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 88 (Series of 1976) AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE BY THE ADDITION OF SECTION 3708 THERETO LIMITING THE NUMBER OF FIREPLACES CONSTRUCTED AND ESTABLISHING DESIGN CRITERIA WITH RESPECT THERETO; FURTHER ESTABLISH- ING MINIMUM AIR QUALITY STANDARDS FOR THE CITY AS WELL AS CONCENTRATIONS THAT WILL PRECIPITATE "ADVISORY", "CAUTION" AND "ALERT" STATUS; AUTHORIZING THE DEPART- MENT OF ENVIRONMENTAL HEALTH TO PROMULGATE FIREPLACE AND AUTOMOBILE REGULATIONS WHEN AN "ALERT" IS DECLARED; AND PROVIDING FOR AN APPEAL TO THE CITY COUNCIL FROM APPLICATION OF ANY REGULATION PROMULGATED WHEREAS, the City Council has determined that the abundance of fireplaces and increased automobile traffic in the Aspen area has precipitated the need for fireplace regulations and air pollution alert proceedings, WHEREAS, such legislation susceptibility to air pollution, (2) and is premised on (1) Aspen's the finding that concentra- tions of carbon monoxide constitute health hazards, (3) the need to reduce air pollution damage to local vegetation and wildlife populations, and (4) the conclusion that maintenance of high air quality standards is necessary in Aspen where the prime industry (tourism) mandates pleasing surroundings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 7-141 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of sub- section (r) thereto, which said subsection reads: (r) The Uniform Building Code is hereby amended by the addition of Section 3708, which said section shall read as follows: "Sec. 3708 Regulation of Number and Con- struction of Fireplaces. (a) The number of fireplaces that may RECORD OF PROCEEDINGS 100 Leaves (b) (c) be constructed is hereby limited to the following: 1. Single family dwelling (less than 4,000 square feet) ... one fireplace per dwelling unit. 2. Single family dwelling (in excess of 4,000 square feet) ... two fireplaces per dwelling unit. 3. Hotel, motel, inn, lodge ... one fireplace per lobby or guest entertainment room; no fireplaces in guest rooms. 4. Duplex, tri-plex, four-plex, and other multi-family units ... one fireplace per unit provided each unit is 1,000 square feet or larger; no fireplaces in smaller units. All fireplaces shall be constructed such that their operation will increase heat energy supplied to the living area in quantities greater than that lost through air exchange during combustion; and, in addition, be constructed in con- formance with any design standards that may be promulgated (or approved) by the City engineer which are designed to increase heat energy supplied. The term "fireplace" as used herein includes a conventional masonry fire- place, a prefabricated zero clearance fireplace, and any similar fireplace -2- RECORD OF PROCEEDINGS 100 Leaves Caution shall consist of an announcement by the Depart- ment of Health that concentration levels are getting dangerously high and that more stringent emission controls may be forthcoming. Alert shall authorize the Department of Health to restrict use of automobiles and fireplaces until minimum air quality standards are reestablished. Section 4 The Department may, with respect to fireplace controls, require, among others, the following: 1. That fireplaces be operated only within limited time periods. 2. That only completely dry woods be used in fire- places within the City. Section 5 The Department may, with respect to auto use, rquire, among other things, the following: 1. The establishment of auto free areas within which automobiles may not be driven. 2. The establishment of intercept parking lots so that automobiles may be required to be parked outside the city limits and passengers transported to the city by means of public mass transportation. 3. The imposition of fees for parking within the city limits to discourage driving into the city. Section 6 All alert regulations shall be reasonable measures designed to achieve reestablishment of minimum air quality standards within the City of Aspen. Any person aggrieved by any regulation promulgated by the Department of Health may appeal to the Aspen City Council whose determination on the matter shall be final. Section 7 The penalty provisions of Section 25-7-125(8) C.R.S. -4- RECORD OF PROCEEDINGS 100 Leaves 1973 shall apply to violations of the sections hereof. Section 8 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalid- ity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 9 A public hearing on the ordinance shall be held on , 1977, at 5:00 P.M. 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, Colorado, at its regular meeting held at the City of Aspen on the __ day of , 1977. ATTEST: Stacy Standley III Mayor Kathryn S. Hauter City Clerk FINALLY adopted, of passed and approved on the __ , 1977. day ATTEST: Stacy Standley III Mayor Kathryn S. Hauter City Clerk -5-