HomeMy WebLinkAbout1991-21 Repealing and Reenacting Chapter 8.28 of the Vail Municipal Code Setting Forth Certain Provisions to Control Air Pollution within the Townr ~ ~ •
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ORDINANCE NO. 21
Series of i 991
AN ORDINANCE REPEALING AND REENACTING
CHAPTER 8.28 OF THE MUNICIPAL CODE
OF THE TOWN Of= VAIL; SETTING FORTH CERTAIN
PROVISIONS TO CONTROL AIR POLLUTION WITHIN THE TOWN;
AND PROVIDING L)ETAILS WITIi REGARD THERETO
WHEREAS, the setting of the Town of Vail in a valley between two mountains resfrlcts
air movement through the valley;
WHEREAS, the movement of air through the Gore Valley is further restricted in cold
times of the year thereby causing the increased buildup of pollutants in the air caused by solid
fuel burning devices;
WHEREAS, the Town Council finds that the pollution caused by solid fuel burning
devices is exacerbated by the attitude, topography, climate and meteorology of the Town of
Vail;
WF-IEREAS, the Town Council finds that these sources of air pollution may be
minimized by existing, practical and economical technologies;
WHEREAS, the Town Council has dotermined that it is necessary to encourage
environmentally beneficial technologies to prevent further degradation of the air quality of the
Vail Valley;
WI~fEREAS, the Town Council considers visually clean air to be an irreplaceable asset
onjoyed by guests and residents of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT;
Section 1 The Vaii Municipal Code Chapter 8.28 ."Air Pollution Control" be repealed
and reenacted to read as follows:
t3.28.C11Q Purpose and Agglicability
These regulations are enacted for tl~e purpose of promoting the health, safety and general
welfare of the residents and visitors in tho Town of Vall. These regulations are intended to
achieve the following more spocific purposes:
1) To protect the air quality in the Town of Vail;
2) To reverse the continuing trend toward increased air degradation in
the Town of Vail;
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. 3) To provide heat sources that are efficient and have a reduced
po~~uting effect;
4} And #o generally protect the air for the purpose of the public's overall
health, safety and w~;lFare.
The provisions of this Chapter shall apply to a!E areas of the Town of
Vail.
$.28.g2U Definitions
1) Solid Fuel Burning Device: shalE mean any fireplace, stove,
firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other
nan-liquid or non-gaseous fuel.
2) Certified Solid Fuel Burning Device: shall mean a solid fuel
burning device which is certified by the Environmental Protection Agency and by the Air
Pollution Control Division of the Colorado Department of Healih to produce 7.5 grams of
particulates per hour or less. This shall include both catalytic and non-catalytic Phase Il
stoves as well as pellet burners and any other tochnoiogy which can be shown to meet these
emission criteria.
3) Wood Rurnina l;ireglace: shall mean an open hearth or fire
chamber or similar prepared place in which a fire may be made and which is built in
con]unctian with a chimney.
4) Gas Appliance: shall mean a fully sekf-contained, Underwriter's
Laboratories (U.L.) Nsted and American Gas Association (A.G.A.) "fireplace" unit which does
not requirQ venting #hrough a chimnoy and which does not permit the use of solid fuel.
5) Gas Lop Fireplace: shall mean a fireplace as previously defined
equipped with an A.G.A. and U.L. listed artificial lag unit which is approved for the burning of
natural gas.
6) Dwelling unit: means any room or group of rooms in a single
family, two-family or multiplo-family dwelling with kitchen facilities designed for or used by one
family as an independent hauselcaeping unit.
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7) Accommadatlon unit: means any room or group of rooms without
kitc~trin facilities designed for or adapted to occupancy by guests and accessible from
common corr'i4ors, walks, or balconies without passing through another accommodation unit
or dwelling unit.
8} Refuse: means all solid wastes, garbage and rubbish, whether
combustible or noncombustible, including rubbly.
9) Restricted Dwelling Unit: means:
a. Any dwelling unit which is restricted by the Zoning Code
to be leased ar rented for a period of not less Phan thirty (30} consecutive days and which is
required to be leased or rented to tenants who are full time employees of the Gore Valley,
Minturn, Red Cliff, Eagle-Vail, Avon, or the surrounding areas. For the purposes of this
Section, afull-time employee shall be deemed to be one who works an average of not less
than thirty (30) hours per week.
b. Any dwelling unit which the Zoning Code prohibits from
being subdivided or sold separately from another dwelling unit.
10} Common Araa: means the lobby of any lodge (as that term is
defined in Section 18.04 of the Zoning Code}, the area of any condominium project available
for the common use of ail the unit owners and restaurants and bars.
(3.28.030 Woodburnina Firer,faces/Solid Fuel t3urnina Devices Prohibited
l~here shag be no woodburning fireplace and no solid fuel burning device, other than a
certified solid fuel burning device, constructed or installed within any dwelling unit,
accommodation unit, restricted dwelling unit or common area within the Town.
8.28.040 Permitted Devices
Certified solid fuel burning devices, gas appliances, and gas log fireplaces shall be
permitted io be installed or constructed in dwelling uni#s, accommodation units, restricted
dweiiing units or common areas subject to the following provisions:
A. Dwelling Units -Dwelling units shall contain not more than one certified
solid fuel burning device and, in addition, not more than two gas appliances; or in the
afternativ8, not more than iwo gas log fireplaces and, in addition, not more than two gas
appliances.
B. Restricted Dwelling Units -Restricted dwelling units shall contain not
more than one gas log fireplace and, in addition, not more than one gas appliance.
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C. Accommodation Units -Accommodation units shall contain one gas
fir~~pi;.~ce or, in the alternative, one gas appliance. All gas fireplaces located in
accommodation units shad be constructed in such a manner that access to the firebox is
prohibited except for the ~;urposes of repair and maintenance. A sign shall be placed on each
fireplace unit reading: "Caution -Gas E=ireplace Oniy." All gas log fireplaces and gas
appliances In accommodation units shall be equipped with a timing device or a thermostat
which shaii cause an automatic shutoff of the fire for safety and conservation purposes.
D. Common Area -Any common area shall contain not more than one
certified solid fuel burning device, or in the alternative one gas log fireplace, or in the
al#ernative one gas appliance.
8.28.050 Non-Conformina Devices. Fireplaces and Appliances
A. 1) Nan-con#orming solid fuel burning devices, certified solid fuel
burning devices, woodburning fireplaces, gas appliances and gas log fireplaces, lawfully
constructed or installed prior to the effective date of this ordinance, may continue, subject to
any limitations or restric#ions contained in this Soction 8.28.050.
2) Any certified solid fuel burning devices, gas appliances and gas
log fireplaces lawfully designed and for which a completed Design Review Board application
was received by the Commur~ity Development Department prior to August 15, 1991 may be
installed ar constructed subject to any limitations or restrictions contained in this Section
8.28.050.
g. If one or more separate conforming or non-conforming dwelling units,
restricted dwolling units or accommodation units are combined to form one larger dwelling,
restricted dwelling or accommodation unit, the newly formed unit shaii comply in a!i respects
with the provisions of this Chapter 8.28.
C. No existing woodburning firepiace shall be moved or structurally alkered,
unless It is modified in such a manner that It complies with all the provisions of this ordinance.
D. Whenever any dwelling unit, accommodation unit, restricted dwelling unit
or common area is substantially demolished ar destroyed, whether by the intent of Its owner
Or lessee, or by natural disaster, if such dwelling unit, accommodation unit, restricted dwelling
unit or common area Is restored or reconstructed, it shall meet all the provisions of this
Chapter 8.28 I!
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$.28.06D Coai Usage Prohibited
The burning of coal within the Town of Vail is prohibited.
13.~8.p~9 Refuse 13urninq Prohibited
The burning of refusa In any solid fool burning device is prohibited within the Town of
Vail.
8.28.DSD Buildlna Permits
A building permit shall be required for the Installation of any certified solid fuel burning
device, gas appliance or gas log fireplace. However, to encourage the conversion of wood
burning fireplaces and non-certified solid fuel burning devlcos to certified solid fuel burning
devices, gas log fireplaces and gas appliances, all applicable building permit fees for such
conversion shall be waived by the Town of Vaii.
8.2t3.D90 Penalties
It is unlawful for any person to violate any provision of this Chapter or to
fall to comply with any of the requirements of this Chapter. Any person performing any act
prohibited or declared io be unlawful by this Chapter or failing to perform an act required by or
otherwise made mandatory by this Chapter shall be punished by a fine of not mare than four
hundred ninety-nine dollars ($499). Any such person shall be guilty of a separate offense for
each and every day during any portion of which a violation of any provision of this Chapter is
committed. continued, or permitted by such person and shall tae punished accordingly. In
addition to penalties provided In this Section, any condition caused or permitted to exist in
violation of any provision of this Chapter shalt be deemed a public nuisance, and may be by
this Town similarly abated as such, and each day that such condition continues shall be
regarded as a new and separate offense.
Sect[on 2
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portions of
ibis ordinance, and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless .of the fact
that any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
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Section 3 '~
The Town Council hereby finds, determines and declares that this ordinance is
necessary and ~t'cper for the health, safety and welfare of the Town of Vaii and the
inhabitants thereof.
Section 4
The repeal or the repeal and reenactment of any provision of the Vaii Municipal Code
as prov[dQd in this ordinance shall not affect any right which has accrued, any duty imposed,
any violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or praceedtng as commenced under of by virtue of the provision repealed or
repeated and reenacted. The repeai of any provision hereby shad not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
INTRODUCED, READ ON PERST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 18 day of ~~+uo , 1991. A public hearing
shall be held hereon on the ~ day of August , 1991, at the regular meeting of the
Town Council of the Town of Vaii, Colorado, in the Municipal Building of the Town.
~ /~ -f' ~ . } r/1-~
Kent R. Rose, Mayor `
ATTEST:
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~. 1~W~u.4t~iuc-Itt.~~ ',
Pamela A. Brandmeyer, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
i n ful I this ~ day of August , 1991.
~! ~1 ~~C~
Kent~`R. Rose, Ma~or ~
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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3) Wood Burning Fireplace: abet! mean an
open hearth nr Ilre chamber or simper prepared
place In which a 11re may be made and whbM b
buiN in conjunction with a chimney.
4} Gas Apptfanco: shall mean a luny aelf•
contained, Underwrlfer's Labaratorles (U.L.]
Ilaled and American Gas Assotlatlon (A.G.A.)
'flroplnce' unit which does not require venting
through a chimney and which does not permit
ilia use of solid fuel.
5) Gae Log Fireplace: shall mean a iireptaoe
as pravlaunly defined equipped whh an A.G.A.
sad U.L. fisted artllialal lag unh whlcn Is
approved for the burhing of natural gee.
6) OwellEng unN: mesne any roam ar group o1
mama in a single family, two family or multlplo
fnmlly dwelling with kitchen faclllhee deatgned
far or used by ono family as en independent
houenkeeping unh.
7) Accommodation unN: moans any room or
group o! roams without kitchen Iar.Ilitles
daslgned for or adapted to occupancy by quests
and accessible from common wrridars, walca, or
balconlBe without passing through snofher
accommodation unit or dwelling unit.
8} Hefuse: means all eolkl wastes, garbage
and rubbish, whether combustible or
aoncombustibls, Including rubble.
9) Restrkted DwellVng Unit: means;
1. Any dwvlling unN which Is restricted by the
Zoning Cndu to be ieaevd or rented for a period
01 not less Than thirty X36} conaecutNe days and
which M required [o be leased a reread to
tenants who are lull time employees of IM 4ore
Vailay, Mlnlurn, Red CIN1, F.egta~Vel1, Avon, a
the surrounding areas. For the purpoaee of this
Section, a 1ulNlma vmplnyoa shall be deemed to
be one who works an average d not tau than
thirty (36) hours per week.
b. Any dwvlling unit which the Zoning Code
prohibits tram being eubdlvided or sold
separately !mm another dwvlling unit.
t0} Common Area; means the lobby of any
lodge (as That term is dellned in Section 18.84 0l
the Zoning Code), the area of any arndominlum
project available for ilia common use a1 aN the
urtN owners and restaurants and bars.
8.28.030 Woodburning FheplaceslSofid Fuel
Burning Davicas ProhlbNed.
Thera obeli bit na woadbuming Fireplace and
no anfid fuel burning device, other than a
certllbd solid lust burning device, constructed ar
Installed within any dwelling unit,
eccnmmodatlon unit, restrcted dwelling link or
common area wkhln the Town.
8.26,640 Permitted Devlcea
Certified solid fue! burning devices, pas
appllancea, and pas lap Iiraplacea nhal! be
permitted to bB Installed or constructed In
dwelling units, accommodation unite, restricted
dwelling unite or cnmmen areas wbjaa to Ilia
following provlabna:
A. Dwelling Unite - pwening undo shall
contain not rtrore than ono cerllhed solid fuel
burning device and, In addition, not more tfrari
two gee appllencee; w in the alternellre, na
more than two gas lop flreplacea and, fn
additon, not more Ihan two pas appliances.
B. Restrkted DwalNng Unite RBSIriGled
dwvlling unite shall contain not more than ono
gas Itrg Ilrepltrca, and, h addhbn,,nol more thane..
ono gee appliance.' -s~r..a,~~_ - ~ ~:~_: -~~ -".-
C. Accommodallan Unfle -' Accornnwdeiron
units ahaN contain one gee fkeplace or. in the
allarnatlve, cite gas appNances. All gee
1lreplacea bcaled In accommadatlon unNs shall
by construged in such a manner that access to
Ere firebox is prnhlblled except for the purpoavs
01 repair and maintenance. A sign shall be
placed on each fireplace unN reading: 'Caution -
Gas Flrnplaoe poly' All gee log fireplaces and
gas appliances In accommodation units ahaN be
oquippad wNh a liming device or a Thermostat
which shall cause an automal€C ahutog of the lire
for atrloty and oanaervafion purposes.
p. Common Area • Any common area shall
contain not roars Ihan one certified solid fuel
burning device, or In 11to alternative one gee log
ilreplace, or In the ahernatlve, one gee
rgrpllanco.
6.26.050 Non-Conformlrig Devtees,
firophrcas and Appliances
A. 1) Non•conforming solid fuel burning
dovlcas, cerldled solid lust burning devlcea,
waodburning Ilraplaces, gas appllancea and gas
log fireplacoe, IAwlully constructed or Installed
pr+ar io 1ha offocllve date of this ordinance, may
continue, subject Sa any IlmNalions or restrktlons
contained ht this Secllon 8.20.65{).
2} Any cnrtllied solid tual burning devices,
gas appliances and gas log fireplaces lawluEly
daslgned and tar which a complalBd Design
Review Board application was received by the
CommunNy Davefopntnnl Department prior to
August 15, 1991 may be installed or constructed
subject to any limltatians or res[ricllona
~ contained in this Section 8.28.056.
B. If one or more separate conforming or non-
! conforming dwvlling units, restricted dwelling
! units or accomrrwdatlon units are combined to
! form one Larger dwelling, restricted dwelling or
accommodatbn unit, ilia newly formed unN shall
comply In all respects with the provisbns of this .,
Ghapter 8.28.
C. No existing wnntlburning (lreplace shall be
moved or structurally ahered, unleas,il is
modilled In such a manner that It complies with
all the proNeions d this ordinance.
D. Whenever any dwelling unit,
accommodation unit, restricted dwelling unit or
common area is aubstantlalfy demolished ar
destroyed, whether by the Intent of its owner or
lessee, or by natural disaster, N such dwelling
unit, acnnmrrrodafion unit, resUlded dwelling unN
or wmmon area Is restored or reconstrudBd, h
shall meal all the pravlsbns of this Chapter 8.26.
8.28.t)Grl Coal Usage prohblted
The burning ar coal within the Town of Va13 is
prohibited.
8.28.676 Refuse Burning Prohibited.
The burning of refuse In any solid lust
burning device k prahibfted wiHtin the Town of
Vail,
8.28.060 Building Permits
I A building permit shall be required for the
~ ins[allatlon of any certified solid fuel burning
device, gas appliance or gas log fireplace.
However, to encourage the cnnverslon of wood
burning fireplaces and non-certilled solid fuel
burning devices to certified solid fue! bum€np
devices, gas b8 flreplacee and gas appliances,
ail appflcabla building permN Inns for such
corwerelan ahafl be waived by the Town d Vall.
i 8.26.090 Pertaklee,
i[ Is unlawful for any person to violate say
f provfsbn al Ibis Chapter or to call fo comply with
any of the requirements o1 Ehls Chapter, Any
parson performing any ad prohbited or declared
io be unlawful by Ibis Chapter or calling fo
perform an act required by or otherwise made
j mandatory by this Chapter shall be punished by
a fine of not mare than four hundred ninety-nine
dollars (5499). Any each person shall be gulhy of
a separate oflBnse for each and every day
during any portion vt which a violation v1 any
provislan o1 this Chapter le committed.
continued, or permitted by ouch person and shall
be punlahed accardingty. In, addltbn to penahiea
provided In this Section, any condNbn caused or
permkted fo exist fn violation o1 any provision of
this chapter shall be deemed a public nulsahce,
' and may ba by this Town slmllady abated as
such, and each day that such condition
continues shall be regarded as a new and
separate ofienae.
SECTK3N 2.
If any part, aealon, subaedlnn, sentence,
clause or phrase of this oMinance Is for any
reason held fo be InvalW, such decision shall not
affect the validity of tho remaining portions of This
ordinance; and the Town Council hereby
dedarae N would have passed this ordinance,
and each part, section, subeectbn, sentence,
clause or phrase 1herBV1, regardlaaa of the fad
I that any one or more parts, aecllone,
€ aubsedbns, aentonces, douses or phraaea be
doctored Invalid.
SECTION 3.
The Tnwn Council hereby flnda, determinee
and declares that this Ordinance Is necessary
and proper for the heahh, safety and wafters oT
the Taws d VaN and the Inhabitants thereof.
S!~CTION 4,
The repeal or the repeal and reenactment of
any provfslons of the Valf Municipal Cada as
provided In ihia ordinance shall not effect any
right wNh has accrued, any duty imposed, any
violation that occurred prbr to the eftadNe dale
horeof, any prosecution commenced, nor any
other aabn or pracaeding as commenced under
or by virtue of the provfsbn repealed or repealed
and reenacted, The repeal 01 any provision
horeby shall not revive any provision or any
ordinanc6 prevlouefy repealed or superseded
unless expreaafv stated herein.
SECTNJN 5.
All bylaws, orders, roaolutions and
ordinances, or parts thereof, Inconsistent
herewith are hereby repeated to ilia extent only
d such Inconsistency, 7hla repealer shall not be
r.>anstrued to revise any bylaw, order, resolullon
or ordinance, or part thereof, horetoiore
repealed.
INTRODUCED, READ AND PASSED ON
FIRST READING AND ORDERED PUBLISHED
ONCE iN FULL this 18th day of June, 1981 and
a pubAc hearing shall be hard on this ordinance
on ilia 2nd day of July, 1991 at 7:36 p.m. in the
Councl€ Chambers of the Vall FAuniclpal
Hullding, Vall, Cobrado.
TOWN OF VAIL
---~ -______.._.. Kent R. Rosa
Mayor
ATTEST;
Pamela A. Brandmeyer
Town Clerk
READ AND APPROVED ON SECOND
READING AND ORDERED pUBL€SHED ONCE
IN Flit I the^• cra ,+.,, „e n..,..... .,