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Home My WebLink About1992 Ordinance No. 039ORDINANCENO.d.:1_ SERIES OF 1992 BY AtJiliORflY COIJNCll. Blll. NO . 37 INIRODUCED BY COUNCIL MEMBER VAN DYKE AN ORDINANCEAMENDING1TTLE 6 , CHAP'IBR I , BY ADDING A NEW SECTION 12, TO TiiE ENGLEWOOD MUNICIPAL CODE 1985, WHICH GENERALLY PROHIBITS TiiE INSTALIATION OF SOUD FUEL BURNING DEVICES AND RES'IRJCl'S TiiE RE:>AIR AND REPLACEMENT OF SOIJD FUEL DEVICES. WHEREAS , the local governments In the melropolllan area have recognized that air polluUon must be addressed by a collecUve effort on both the slate and local level; and WHEREAS, further degradaUOD of air quality will a~rscly afl'ect the health, safety and welfare oI alaUng and fut~ resldenta, and will Impede the abWty oI the City of Englewood lo attract fut~ residential and commercial development to the City of Englewood; and WHEREAS, studies oI the melropolttan Pre& have concluded that carbon monoxide, ozone, nllrogen oxides, sulphur d/axldt md partJculale mailer are major components of air pollution along the Front Range . WHEREAS, reatdenllal solid fuel combustlo.'l has been found to prod1•ce slgntllcanl quantities of carbon monaxlde and particulates, which can be physically harmful, and In the cue of partk:ulates, contribute to vlalb!e polluUon; and WHEREAS, without =IJ1ctlon on so!td fuel burning devices on new construcUon and TCID0deling, the atr degnidaUOD atll1bu,able le, such new development patenUally will greatly exceed that from exlsUng IIOlld fuel burning W1lhln the City; an(, WHEREAS, altemauve fuel combualon c1e,1cea, such as paeoua llreplal:es are readily available and are betng lnslalled ID a al&nlflcant percen181,t of new :-:::ldenual construclton In Englewood. G81!eoua bwnlng devtcea produce a fracC.on of the carbon monoxide and particulate emissions of solid fuel combustion devtcea, and do not materially degrade ln perfonnance over Ume; NOW , IBERf..,'QRE, BE rr ORDAINED BY TiiE CTlY COIJNCll. OF TiiE cm OF ENGLEWOOD , COLORADO , AS FOi.LOWS : ~-Tille 6 , Chapter 1, oI the Englewood Muntctpal Code 1985, ts hereby amended by adding a new Section 12, to read , •.s follows . 6-1 · 12: RES'ffilC110NS ON INSTALIATION OF SOIJD FUEL BURNING DEVICES. A . DEFINITIOfiS. AS USElJ IN THIS SF.C'J~0 N IBE FOUOWJNG TERMS SHALL HAVE THE MEANINGS AS Limtr 'l,11: .. - SO LID FUEL BUR"I ING DEVICE ANY FIREPLACE :;r, 'fi . r !ii.EBOX OR .:! :JLAP DEVICE DESIGNED OR USED ;,, :t' HE PUl '1'0SE · ,f BURNING WOOD . COAL, PULP , PAF :': t 0 1> '.' il!ER f <)IJD C lMBUSllBLE MATERIAL SPECITTCAIJ..Y E..XC, 'JI.•, PEI J.t.1'S . At•''f DEVl•'.:E WP.ICH MEETS THE JC::QLIJREJ';1,•:I •SF . .)"' BURl l .1'1 0 SOIJ: FUE'I , SUC H AS CHIM NEY Dl/,MB'lc:R GR CG NSTRIJ(,';;ON l ll'f •~R THE APPLICABLE Pl'l.OVI S!.lNS OF "lliE IJNTI-'OR,~ 1Jl ll)J)!)II G CODE AND /OR UNI FQP.M PLUM BI N(, COD E. Pc"U/OR 1.JN!FORM -1- 10 FIREPLACE APPROVED APPLIANCE APPROVED SOLID FUEL BURNING DEVICE PERSON MECHANICAL CODE. AS IN FORCE IN THE CrIY OF ENGLEWOOD SJ-WJ.. BE PRESUMED TO BE DESIGNED FOR BURNING SOUD - COMBUS11BLE M,TERIAL. SOLID FUEL BURNING DEVICES SJ-WJ.. NCYr INCLUDE SOLID FUEL BARBECUE DEVICES OR APPLIANCES . A HEARTii . FIRE CHAMBER OR SIMILARLY PREPARED PLACE . AND A CHIMNEY . ANY GASEOUS FUELED APPUANCE DCSIGNE D FOR AND INSTALLED IN A SOUD FUEL BURNING DEVICE . GASEOUS FUELS INCLUDE NA1URAL GAS AND UQUIFIED PETROLEUMS . A SOUD FUEL BURNING DEVICE WHICH HAS BEEN CERTIFIED TO MEET THE COLORADO DEPARTMENT OF HEAL'nf'S PHASE Ill EMISSION STANDARDS OR EPA PHASE D STANDARDS FOR WOODSTOVES AND FIREPLACE INSERTS . AN INDIVIDUAL. PARl'NERSHIP, CORPORATION , COMPANY OR OfflER ASSOCIATION . B. PROBDl111011' ON NEW 80UD nm. IRmNlNO llEVICl8. EXCEPr AS PROVIDT,1) IN SECTION 6-l-12(C), NO PERSON SHALL INSTALLA SOIJD FUEL BURNING DEVICE IN ANY STirucruRE OR BUllDING FOR WHICH A BUUDING PERMIT IS ISSUED . THIS PROHIBlTION APPlJES TO EXISTING DWEIJJNGS AS WEIL AS NEW CONSTRUCTION . C. PRB-ZZllmllD IIOUD J1JZL ll1lJUQIIIO DEVIICD. ANY SOIJD FUEL BURNING DEVICE MAY BE t..,1lfEK REIROFII IED wrnl AN APPROVED APPLIANCE OR REPLACED WTll! AN APPROVED SOUD FUEL BURNING DEVICE. SOLID FUEL P\JRNING DEVICES. INCWDING APPROVED SOUD FUEL BURNING DEVICES INSTALLED IN ACCORDANCE wrm 1l{E PROVISIONS OF nus SECTION. MAY BE REPAIRED TO 'nfE EXIENrnfAT SUCH REPAIR, IN 'nfE REASONABLE JUDGMENT OF THE CnYS CHIEF BUUDING ornclA!. IS NECESSARY TO PREVENT 1liE EXISTENCE OR MAINTENANCE OF AN UNSAFE CONDIDON OR TO MAINTAIN POLUmON CONTROL. IS DETERMINED TO BE ·MINOR IN NATURE. OR SUCH DEVICE CONS'ITIUIES THE SOLE SOURCE OF HEAT FOR 1liE STRUCTURE. D. PERMIT RESTRIC'nOII . NO BUILDING PERMIT SHAU, BE ISSUED FORA NEW STRUCTURE OR THE REMODEUNG OF AN EXISTING STRUC'IURE WHICH H",S PLANS OR 01liER PROVISIONS FOR A SOLID FUEL BURNING DEVICE . EXCI:;PT AS ALLOWED UNDER THIS SECTION . E. SAFETY IIIEASURES. NO PERSON SHALL DISCONNECT AN APPROVED APPLIANCE EXCEPT AS NECESSARY TO REPAIR OR REPLACE 'nfE APPUANCE IN ACCORDANCE Wl1li 1liE APPLICABLE CrIY BUILDING AND SAFE1Y CODES . F . REVIEW. 1liE CrIY MANAGER. OR HIS DESIGNEE. SJ-WJ.. ADVISE THE CTIY COUNCIL ANNUAILY AS TO CURRENT AIR QUAUTY AND PROGRESS IN 1liE INDUSTR.' IN DEVELOPMENT OF CLEANER BURNING SOLID FUEL DEVICES . TO ASSIST TI TE Cl1Y COUNCIL IN DETERMINING WHETHER CERTAIN SOLID FUEL BURNING .'1F:VIC ES SHOULD BE PERMITIBD IN NEW CONSTRUCTION . -2 - S!:!:l.lwl.l , kymablllty. If any secUon, subs<cUon, sentence, clause. phrase or portion of this Ordinance ts for any reason held Invalid or unconsUtuUonal In a court of competent Jurisdiction, such porUon shall be deemed a separate, distinct and Independent provision and shall not affect the validity of the remaining portion thereof. s«J.llm..3., ~-Any provision or secuon of a resoluUon . or ordinance of the City In conflict with this Ordinance ts hereby repe.lled, except that this repealer shall not be construed so as to revive any ordinance or resoluUOn previously repealed . ~-ElcGUD Date . This Ordinance and the provisions ofSccUon 6-1 -12 of the Englewood Municipal Code shall take efl'ect thirty (30) days after pubUcaUon . ~-Bl(ety CIIAIC-The City Coundl finds and determines that this Ordinance Is promulgated under the general police power of the City of Englewood and It s powers as a home rule municipal corporaUon. and that It ts promulgated for the health , safety. and welfare of the pub Uc. The City Council further determlnes that the Ordinances bears a rauonal relaUon to the proper legtslaUve object sought to be attained. Introduced. read In full , and passed on first reading on the 21st day of September, 1992. Published as a Bill for an On1lnance on the 24th day of September, 1992. Read by title and passed on final reading on the 5th day or October, 1992. Published by title as Ordinance No .Ji Series of 1992, on I.he 8th day or October , 1992 . ~L -1 ~ , . ClyaeE.~ I, Patricia H . Crow, City Clerk of the City or Englewood , Colorado , hereby certify that the above and foregoing is a true copy or the Ordinance passed on final reading and published by title as Ord inance No. J!/_, Series nf 1992. /7;) • . . ~~-~-~--~ Patricia H. Crow -3 - Date September 21. 1992 INITIATED BY STAFF SOURCE COUNCIL COMMUNICATION Agenda Item L b Community Development Subject OrdJnance restricting conventional woodburrjng devices. Dana Glazier . Envtronmental /Netghborhood Services AdminJstrator ISSUE/ACTION PROPOSED Staff seeks Council a pproval for an OrdJnance prohibiting the Installation of conventional woodburntng devices and res tricting their repair and replacement. PREVIOUS COUNCIL ACTION None . STAFF ANALYSIS This ordJnance will help llmlt an estimated 30,000 new conventional woodburrung devi ces In the metro area . We will also receive credJts from tl1e Denver Metro Area Sta te Implementation Plan (SIP) as a result of tills orcllnance. Crecllts received from participating In tills plan will help Englewood meet the National Ambient Air gualJty Standards . thus reducing the risk of sanctions that might b e applied by the Envtrorunental Protection Agency . Jefferson County. Boulder . Aurora. and Castle Rock curre ntly h ave s trnil ar programs dJs couraglng the Installation of co n ventional woodburrung devi ces , and Den ver Is s ch edule d to Implement a similar program In 1994. On or after January I . 1993 . all munJ clpalJ t!es and counties In tl1 e metro area air shed will b e required by state la w (SB 92 -137 ) to a d opt similar provisi on s . BACKGROUND WoodburnJng Is a major source of air pollution In the metro area . accounting for approximately 25 percent of the Brown Cloud , up to 30 percent of small particulate matter (PMI0). and 5 -10 percent of the region's carbon mono;,dde (CO) emJsslons . There are currently an estimated 250,000 conventional woodburntng devices In the metro area . The Regtonal Air Quality Council anticipates that 30,000 fireplaces and stoves will be added to the existing problem over the next several years. This ordinance will effectively llm1t that nwnber and help enhance our air quality. Englewood's Building Division would be responsible for the admJntstratlon of this proposed Ordinance . No building penntt would be Issued for a new structure or the remodeling of an existing structure that Includes plans for a conventional woodburntng device. FINANCIAL There are no foreseen financial Impacts resulting from this Ordinance .