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HomeMy WebLinkAboutordinance.council.047-85 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 47 (Series of 1985) AN ORDINANCE AMENDING THE SOLID FUEL BURNING DEVICE REGULATIONS ESTABLISHED IN SECTION 11-2.3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO~ TO ENCOURAGE UPGRADING OR REPLACEMENT OF HIGH POLLUTING SOLID FUEL BURNING DEVICES, TO PROHIBIT THE INSTALLATION OF MORE THAN ONE SOLID FUEL BURNING DEVICE IN ANY BUILDING, REQUIRING THAT SAID DEVICE BE CERTIFIED, EXCEPT IN LODGES WHEN OTHER APPROVED CONTROLS ARE USED OR IN ANY BUILDING, IF OFF-SET REQUIREMENTS ARE MET, ESTABLISHING CERTIFICATION REQUIREMENTS; AND AMENDING SECTION 11-2.1 TO SET FORTH DEFINITIONS OF "BUILDING", "HOTEL" AND "LODGE", "CERTIFIED DEVICES", "SOLID FUEL BURNING DEVICES", AND "BOARD" WHEREAS, air pollution presents a threat to the health of the inhabitants of the City of Aspen, and studies have disclosed that particulates in the air in the Aspen metropolitan area have often exceeded the federal health standards for particulate matter, and WHEREAS, such studies have demonstrated that woodburning emissions contribute an estimated thirty percent of the small, inhalable particulate matter during an entire year's average, the contribution being more in the winter, and WHEREAS, woodburning emissions are a significant source of the fine particulate matter ("PM10") for which Aspen has been named a Group II area with a significant potential for being named a "NONATTAINMENT AREA" by the Environmental Protection Agency and being forced to implement certain control measures, and WHEREAS, "certified" devices previously available have been found to be insufficient for the purpose of controlling woodburn- ing emissions in the City of Aspen, since occupants of tourist and other short-term accommodations are not likely to operate such devices in a manner to make them any cleaner than a typical fire- place without pollution-reducing design; and, even while new and operated to minimize emissions, such devices will still only limit emissions to about half those of a conventional high-polluting solid fuel burning device, and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the unregulated installation of "certified" solid fuel burning devices will undermine the intent of existing solid fuel device regulations, and WHEREAS, there now exist solid fuel burning devices with approximately five percent of the emissions of conventional devices, as well as natural gas fireplaces to provide aesthetic enjoyment of open fires, and WHEREAS, it is the policy of the City of Aspen to limit the installation of solid fuel burning devices, and to cause their replacement with clean burning devices, and WHEREAS, it is the policy of the City Council, as expressed in Section 11-2.1 of the Municipal Code, that: "Air quality is an important component of the health, safety and welfare of the citi- zens and community of the City of Aspen and that air quality in and around the City of Aspen is threatened by various pollutants, and the City Council finds and declares that it has a duty to pro- tect and improve the air quality in and around the City of Aspen for the health, safety and general welfare of its citizens and for the economic and aesthetic well-being of the City as a resort cOm- munity ...", and WHEREAS, the City Council deems it to be in the best inter- ests of the City, its visitors, and inhabitants to amend Article II, Chapter 11 of the Municipal Code to regulate and limit solid fuel burning devices in the City of Aspen, as hereinafter pro- vided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Section 11-2.3 of the Municipal Code of the City of Aspen is hereby repealed and reenacted to read as follows: 2 RECORD OF PROCEEDINGS 100 Leaves "Sec. 11-2.3. ~K~places and solid fuel burnin~_d_e_~v~es. It shall be unlawful for any person to construct, install, repair, move or reinstall a fireplace or other solid fuel burning device in the City of Aspen in violation of the following standards and regulations: (a) Fireplaces and solid fuel burning devices lawfully existing and installed as of September 1, 1985, may be repaired to the extent that such repairs, in the reason- able judgment of the Building Inspector, are necessary to prevent the existence of an unsafe condition or are determined to be minor in nature. Any existing fire- place or solid fuel device which is substantially destroyed, demolished or in need of replacement may not be rebuilt except in compliance with this article. Existing uncertified solid fuel burning devices may be replaced with certified devices. No existing fireplace or solid fuel burning device shall be repaired, altered, moved, reinstalled or replaced without having first obtained a building permit therefor in accordance with Chapter 7 of the Municipal Code. (b) No more than one solid fuel burning device shall be installed in any building in the City of Aspen which device must be a 'certified device', except in the fol- lowing instances in which a permit therefor must be obtained from the Department: (i) Fireplaces in a lodge or hotel building meeting the requirements of Section 11-2.3(c) hereinbelow. (ii) A new solid fuel burning device which is not certi- fied may be installed in a building in return for abating the use of existing devices through perma- nent removal through the installation of inserts approved by the Department as meeting the require- ments of a certified device or by replacement with certified or natural gas devices, such that three times more particulate pollution is removed than that which will be added according to department procedures, using the most current emissions data available from the Colorado Department of Health. In such event, the granting of a permit shall be conditioned upon the signing of an affidavit by the owner(s) of the existing device(s) to be removed verifying that such devices would not have been removed by building demolition or remodeling within one (1) year. (iii) Inserts approved by the Department as meeting the requirements of a certified device may be installed in existing uncertified fireplaces. (c) In addition to such fireplace permitted pursuant to sub- sections (a) and (b), woodburning fireplaces or solid fuel burning devices may be installed in any hotel or lodge building. Such devices shall be conditioned upon a permit being obtained from the Department upon demon- stration by the owner that in operating such fireplace: RECORD OF PROCEEDINGS 100 Leaves (i) Control technology, as approved by the Department, will be utilized provided it has been demonstrated that its particulate removal efficiency for parti- cles of 10 microns or less is 99% or more; and ii) Maintenance schedules are provided demonstrating that the control devices will be operated properly; and (iii) Such device complies with state opacity regula- tions (i.e. Colorado Air Quality Control Commission Regulation No. 1, as it may be amended from time to time, which is hereby incorporated by this refer- ence). Failure to comply shall be grounds for removal. (d) Natural gas or propane fireplaces, including gas logs, may be installed in any building or dwelling unit, including open, masonary fireplaces, provided a building permit is obtained and they are constructed in accor- dance with the following standards: (i) Unless otherwise specified by the manufacturer, flue diameters and firebox depths shall be less than those of solid fuel burning devices, with specifications as may be approved in the Building Inspector's discretion, to discourage solid fuel from being burned in such fireplaces. (ii) A natural gas or propane supply shall be installed, connected and maintained in each fireplace and shall not be removed unless the firebox is closed off from any further use. (iii) Natural gas or propane fireplaces must be properly vented to the outside at all times. (iv) A notice shall be conspicuously placed in or next to such fireplace as follows: 'WARNING: THIS FIREPLACE MAY BE USED FOR GAS OR PROPANE BURNING DEVICES ONLY. IT IS UNSAFE AND IN VIOLATION OF THE ORDINANCES OF THE CITY OF ASPEN TO BURN ANY SOLID FUEL IN THIS FIREPLACE.' (v) It shall be unlawful for any person to burn or per- mit the burning of any solid fuel in a natural gas or propane fireplace constructed and approved pur- suant to this subsection. (e) No solid fuel burning device shall be allowed to burn coal except for those devices consistently used for coal burning purposes on or before June 1, 1983." 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 repealing and renacting subsection (a) to provide for an amended definition 4 RECORD OF PROCEEDINGS 100 Leaves for "Board", adding definitions for "Building" and "Certified Device" to be lettered as subsections (b) and (c), respectively, repealing the definition of "Oregon Method 7" currrently set forth as subsection (f), relettering subsections "(b)" through (e)" to "(e)" through "(f)" to achieve alphabetical sequencing, adding a definition of "Hotel" or "Lodge" as subsection (g), repealing the definition of solid fuel burning devices currently set forth in subsection (h) and reenacting the defintion of "Solid Fuel Burning Device" or "Fireplace". New subsections (a), b), (c) and (g) shall read as follows: "(a) 'Board' shall mean such board or commission designated by the City Council with authority to implement and review matters brought to it pursuant to this article. (b) 'Suilding' 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/hr at 5,000 feet, with testing, weather weighting and altitude adjustment per- formed according to the procedures of Colorado Air Quality Control Commission Regulation No. 4, as it may be amended from time to time and which is hereby incor- porated by reference. On or before August 1 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. (g) 'Hotel' or 'Lodge' shall mean a building containing three (3) or more units intended for tourist or short- term use." Subsection (h) shall be repealed and reenacted as follows: "(i) 'Fireplace' or '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 fire- places, 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 build- ing, 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 RECORD OF PROCEEDINGS 100 Leaves - this code is required for the installation, reinstalla- tion, replacement, moving or alteration of all such devices." All the aforesaid definitions shall be relettered as appro- priate to achieve alphabetical sequence. Section 3 That Section 11-2.6(a) be repealed and reenacted to read as follows: "(a) All hearings under this article shall be before the Board, which shall make such rules and regulations for the conduct of its hearings not inconsistent with this section, the Municipal Code and applicable ordinances and state law." Section 4 The moratorium provided for in Ordinance No. 45 (Series of 1985) is hereby rescinded. Section 5 Residents and visitors are hereby encouraged to voluntarily refrain from using solid fuel burning devices during inversions. To this end, the City Manager shall direct the Aspen/Pitkin County Health Department, after the appropriation of funds for such pur- poses, to distribute information to Aspen residents concerning the proper burning of fuel in solid fuel burning devices to minimize emissions and to provide tent cards for voluntary use of all lodges in Aspen with information on proper operation of lodge fireplaces. $__e ~i_o_n__~ It is the intention of the City Council that in cases of building permits for remodeling that do not involve the construc- tion, installation, reinstallation or moving of a fireplace or solid fuel burning device that the property owner not be required to bring existing fireplaces or devices into compliance with this ordinance and the building department shall be so advised. RECORD OF PROCEEDINGS 100 Leaves 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 8 A public hearing on the ordinance shall be held on the day of .... ~_~ , 1985, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the /~q~t~ day of 1985. : William L. A~TEST: ' ~atnryn ~'~/i~.o¢ y FINALLY adopted, passed and approved this ~__~____ day of 985. William L. Stir~iing AT. TESffr: ~ 3F RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFI~TE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on 1985, and published in the A~Den Tim~s, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in its issue of~ ~J~'--- 1985, and was finally adopted and approved at a regular meeting of the City Council on ..~~--~J ~ , 1985, and ordered published as Ordinance NO..~,~ , Series of 1985, of said City as provided by law. IN WITNESS WHEREOF, I have hereunto set ~ hand and the seal of said City of Aspen, Colorado this _~__~_ day of Kathryn S.~Koch, City Clerk SEAL Deputy City Clerk