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HomeMy WebLinkAbout1999 Ordinance No. 035• • • ORDINANCE No.6~ SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO . 42 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 6 , CHAPTER 1, SECTIONS 11 AND 12, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO WOODSTOVES. WHEREAS , the Englewood City Council adopted the current Englewood Municipal Code by the passage of Ordinances No. 31 and No . 39 , Series of 1992; and WHEREAS , the current EMC prohibits the installation of woodstoves in all new and existing construction; and WHEREAS , woodstoves have improved greatly in the area of pollution output with stricter emission standards that have been determined by the State of Colorado and the EPA; and WHEREAS , the adoption of the proposed ordinance the Englewood Municipal Code will allow the installation of woodstoves in new and existing construction that have been tested, certified and labeled for emission performance in accordance with Colorado Phase III/EPA Phase II standards ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Secti on 1. The City Council of the City of Englewood, Colorado hereby amends Title 6 , Chapter 1, Section 11 , of the Englewood Municipal Code , to read as follows: 6-1-11: WOOD BURNING AND SOLID FUEL-FIRED HEATING DEVICES: A. Definitions. As used in this Section the following terms shall have the meanings as indicated: BARBECUE DEVICES : COLORADO PHASE III AND EPA PHASE II EMISSIONS STA.~IDARDS: Devices that are utilized solely for the purpose of cooking food . Emissions ·.vhieh eontain not mope than eight (8) gpams per holl' of paPtieulates and not mope than one huncil'ed (100) gpams peP hour of earbon monoxide. A WOOD BURNING STOVE WHICH MEETS THE EMISSION STANDARDS AS SPECIFIED IN THE FEDERAL REGULATIONS 40 CFR PART 60 SUBPART AAA AND MEETS THE EMISSION STANDARDS SET FORTH IN SUBSECTION 60.532(b)(l) or (2) . -1- 10 b ii HIGH POLLUTION DAY: PERSON: SOLE SOURCE OF HEAT: SOLID FUEL: SOLID FUEL-FIRED HEATING DEVICE: B . High Pollution Prohibition. That period of time declared to be a high pollution day by the Colorado Department of Health. An individual, partnership , corporation, company or other association. One or more residential solid fuel-fired heating devices which constitute the only source of heat in a private residence for the purpose of space heating. A residential solid fuel-fired heating device or devices shall be considered to be the sole source of heat if the private residence is equipped with a permanently installed furnace or heating system, designed to heat the residence, but is disconnected from its energy source, e.g., heating oil, natural gas, electricity or propane. Any combustible substance or material, including but not limited to wood, coal and paper, so that usable heat is derived for the interior of a building. A device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes solid fuel-fired stoves , fireplaces, solid fuel-fired cooking stoves and combination fuel furnaces or boilers which burn solid fuel. Solid fuel-fired heating devices do not include barbecue devices or natural gas fired or fireplace logs. 1. After the effective date of this Section, no person may operate a solid fuel-fired heating device during a high pollution day unless an exemption has been granted pursuant to subsection C below. It shall be the duty of all persons owning or operating a solid fuel-fired device to be aware of any declaration of a high pollution day by the Colorado Department of Health. 2 . At the time of the declaration of a high pollution day, the City Manager shall allow three (3) hours for the burn down of existing fires in solid fuel-burning devices prior to the initiation of enforcement. C. Exemptions . 1. A person who has an economic need to burn solid fuel for residential space heating purposes or who relies on a solid fuel-fired heating device as his or her sole source of heat may apply for a temporary exemption from subsection B of this Section. -2- '•. • • • • • • a. A person may demonstrate economic need by certifying his or her eligibility for energy assistance according to economic guidelines established by the United States Office of Management and Budget under the Low-Income Energy Assistance Program (L.E.A.P.), as administered by Arapahoe County. b. A person may demonstrate that he or she relies on a solid fuel-fire or solar heating device as his or her sole source of heat by signing a sworn statement to that effect . 2. A person is exempt from subsection B of this Ordinance to burn a solid fuel-fire heating device provided that device has been certified to meet Colorado Phase III Emission Standards or EPA Phase II Standards for woodstoves and fireplace inserts. 3. An exemption obtained under this Section shall be effective for twelve (12) months from the date it is granted. D . Defense. It shall be an affirmative defense to a charge of burning on a high pollution day under subsection B above, that a power outage, interruption of natural gas supply, or temporary equipment failure existed at the time and location of the violation, which did not result from any action of the person charged with the violation. E. Inspections. For the purpose of determining compliance with the provisions of this Chapter, the City Manager, through authorized representatives, is hereby authorized to make inspections of solid fuel-fired heating devices which are being operated on high pollution days. If any person refuses or restricts entry and free access to any part of a premises, or refuses inspection or sampling of any device, facility or process where inspection is sought, the City Manager, through authorized representatives, shall seek from the Municipal Court a warrant for inspection. The Court shall have full power, jurisdiction, and authority to enforce all orders issued under the provisions of this Chapter. F. Enforcement. 1. Any person violating any provision of this Section shall be punished by the penalties set forth in Title 1 , Chapter 4 of the Englewood Municipal Code. 2. The Municipal Court Judge shall take judicial notice of any declaration of a high pollution day issued by the Colorado Department of Health .. Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 6, Chapter 1, Section 12, of the Englewood Municipal Code, to read as follows: 6-1-12 : RESTRICTIONS ON INSTALLATION OF SOLID FUEL BURNING DEVICES: A . Definitions . As used in this Section, the following terms shall have the meanings as indicated: -3- SOLID FUEL BURNING DEVICE: Any fireplace, stove, firebox or similar device designed or used for the purpose of burning wood , coal , pulp , paper, or other solid combustible material specifically excluding pellets. Any device which meets the requirements for burning solid fuel such as chimney diameter or construction under the applicable provisions of the Uniform Building Code and/or Uniform Plumbing Code, and/or Uniform Mechanical Code, as in force in the City of Englewood shall be presumed to be designed for burning solid combustible material. Solid fuel burning devices shall not include solid fuel barbecue devices or appliances. FIREPLACE: APPROVED APPLIANCE: APPROVED SOLID FUEL BURNING DEVICE: PERSON: A hearth, fire chamber or similarly prepared place , and a chimney . Any gaseous fueled appliance designed for and installed in a solid fuel burning device. Gaseous fuels include natural gas and liquefied petroleums. A solid fuel burning device which has been certified to meet the Colorado Department of Health's Phase III Emission Standards or EPA Phase II Standards for Woodstoves and Fireplace Inserts . An individual, partnership, corporation, company or other association. B. Prohibition on New Solid Fuel Burning Devices. Except as provided in subsection 6-l-12C. No person shall install a solid fuel burning device in any structure or building for which a building permit is issued UNLESS SUCH DEVICE IS CERTIFIED AS A COLORADO PHASE III OR A EPA PHASE II WOODSTOVE. This prohibition applies to existing dwellings as well as new construction. C. Pre-Existing Solid Fuel Burning Devices. Any solid fuel burning device may be either retrofitted ·.vith tui: approved applianee or replaced with an approved solid fuel burning deviee A COLORADO PHASE III OR A EPA PHASE II WOODSTOVE . Solid fuel burning devices, including approved solid fuel burning devices installed in accordance with the provisions of this Section, may be repaired to the extent that such repair, in the reasonable judgment of the City's Chief Building Official is necessary to prevent the existence or maintenance of an unsafe condition or to maintain pollution control, is determined to be minor in nature, or such device constitutes the sole source of heat for the structure. -4- • • • • • • D. Permit Restriction . No building permit shall be issued for a new structure or the remodeling of an existing structure which has plans or other provisions for a solid fuel burning device , except as allowed under this Section. E. Safety Measures. No person shall disconnect an approved appliance, except as necessary to repair or replace the appliance in accordance with the applicable City building and safety codes 1. F . Review. The City Manager, or his designee, shall advise the City Council annually as to current air quality and progress in the industry in development of cleaner burning solid fuel devices , to assist the City Council in determining whether certain solid fuel burning devices should be permitted in new construction. Section 3. Safety Clauses. The City Council , hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict . Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. Penalty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 21st day of June, 1999 . -5- Published as a Bill for an Ordinance on the 25th day of June , 1999. Read by title and passed on final reading on the 6th day of July, 1999. Published by title as Ordinance No .~ Series of 1999, on the 9th day of July, 1999 . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true co:e;r ... phhe Ordinance passed on final reading and published by title as Ordinance No . .S_~~-'. Series of 1999. Loucrishia A. Ellis -6- . "· • • • I . • • • COUNCIL COMMUNICATION Date Agenda Item Subject June 21, 1999 Ordinance adopting 11 a iii currently prohibited Woodstoves Initiated By Staff Source Safety Service /Chief Building Official Lance Smith COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood Municipal Code Title 6, Chapter 1, is in its current form by the adoption of Ordinance No. 31, Series of 1992 and Ordinance No. 39, Series of 1992, which prohibits the installation of woodstoves in new and existing construction. RECOMMENDED ACTION Amend the Chapter to approve for installation woodstoves that have been tested , certified and labeled for emission performance in accordance with Colorado Phase Ill/EPA Phase II standards in new and existing construction. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Woodstoves that comply with Colorado Phase Ill/EPA Phase II standards are being accepted in most metro area jurisdictions. Woodstoves have improved greatly in the area of pollution output with the stricter emission standards that have been determined by the State and EPA. This new generation of approved woodstoves now offers a clean burning alternative heating source that is being accepted statewide . LIST OF ATTACHMENTS Building Division Survey Bill for an Ordinance I • City of Englewood 3400 S. Elati Street Eng lewood, Colorado 80110-2304 Phone (303) 762-2300 (303) 762-2301 To : Lance Smith, Chief Building Official FA X (303) 789-1125 From : Barbara Kuettel, Residential Permit Coordinator Date: 5-11-99 RE : Solid fuel , wood-burning stove survey ARAPAHOE COUNTY: NO wood burning stoves allowed, unless existing . ARVADA: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer's label and be certified by the State of Colorado . AURORA: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer 's label and be certified by the State of Colorado . CITY OF BOULDER: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer's label and be certified by the State of Colorado . BOULDER COUNTY: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer 's label and be certified by the State of Colorado . BROOMFIELD : Wood burning stoves were banned in 1993 . New stoves must comply with State regulations . Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer's label and be certified by the State of Colorado . DENVER: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer 's label and be certified by the State of Colorado . DOUGLAS COUNTY: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer 's label and be certified by the State of Colorado . • • .. GREENWOOD VILLAGE : Stoves that comply with EPA Phase II or Colorado Phase III are allowed . • All stoves shall bear the manufacturer's label and be certified by the State of Colorado. • • JEFFERSON COUNTY: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer 's label and be certified by the State of Colorado. All stoves install below 7400 ' above sea level shall adhere to Denver's "No burning days ". GLENDALE : Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer 's label and be certified by t he State of Colorado . All stoves shall comply with State of Colorado Regional Air Quality Control Commission. LAKEWOOD : Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer 's label and be certified by the State of Colorado . All appliances shall be listed through the Air Quality Control Division. LITTLETON: All stoves approved by the State Health Department and are certified with a State Seal. WESTMINSTER: Stoves that comply with EPA Phase II or Colorado Phase III are allowed . All stoves shall bear the manufacturer's label and be certified by the State of Colorado .