HomeMy WebLinkAboutordinance.council.088A-76RECORD OF PROCEEDINGS
(Series of 1976)
AN ORDINANCE AMENDING THE ~NIFORM 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 0f 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:
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 (s) thereto, which said subsection reads:
(~) 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
be constructed is hereby limited to
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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.
(b) 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 conformance
with any design standards that may be
promulgated (or approved) by the City
engineer which are designed to increase
heat energy supplied.
Section 2
That the City Council does hereby establish the following
minimum air quality standards for the City of Aspen, Colorado:
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RECORD OF PROCEEDINGS
100 Leaves
Minimum Air Quality Standards
To protect public health and reduce the amount of particulates, the
following concentration levels are established:
Pollutant
Concentration
Exposure Time
(a) Carbon Monoxide (CO) 9 ppm
Carbon Monoxide (CO) 35 plan
(b) Hydro Carbons (HC) .24 p~n 3
(c) Particulates (TSP) 150 mg/m
8 hours
lhour
3 hours
24 hours
Section 3
That the air within the City shall be monitored by the
City's Department of Environmental Health for carbon monoxide and
particulates, and if the following concentration levels are reached
the corresponding actions shall be taken.
Pollutant
Concentration Time of Exposure Action
Carbon Monoxide 5+ 1 ppm 8 hr Advisory
Carbon Monoxide 25~ 2 ppm 1 hr Advisory
Carbon Monoxide 7~ 1 ppm 8 hr Caution
Carbon Monoxide 31~ 2 pt~n 1 hr Caution
Carbon Monc~ide 9 p~n 8 hr Alert
Carbon Monoxide 35 plan 1 hr Alert
Hydro Carbons .17 p~n 3 hr Caution
Hydro Carbons .22 plan 3 hr Caution
Hydro carbons .24 pI~n 3 hr Alert
Particulates 135 mg/m3~ 24 hr Advisory
Particulates 145 mg/m~ 24 hr Caution
Particulates 150 mg/mJ 24 hr Alert
Advisory Action shall consist of voluntary public action
to reduce auto trips and use of fireplaces.
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 suppliers of firewood, including condominium
associations,provide only hard-wood logs.
2. That fireplaces be operated only within limited
3
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time periods.
3. That only completely dry woods be used in fire-
places within the City.
Section 5
The Department may, with respect to auto use, require,
among other things, the following:
1. The establishment of auto
automobiles may not be driven.
free areas within which
2. ?he 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 promul-
gated 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.
1973shall 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 invalidity
shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or appli-
cation, 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
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100 Leaves
,at P.M.
197~,
5:00
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
ATTEST:
Kathryn S. Hauter
City Clerk
FINALLY adopted,
of
passed and approved on the
, 197 .
day
ATTEST:
Stacy Standley III
Mayor
Kathryn S. IIauter
City Clerk
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