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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 ~ ~ • M ti 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COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1 The Vaii Municipal Code Chapter 8.28 ."Air Pollution Control" be repealed and reenacted to read as follows: t3.28.C11Q Purpose and Agglicability These regulations are enacted for tl~e purpose of promoting the health, safety and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; ~~ P' . 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. 2 ~ t~ r 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. 3 .'_ 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! '~ e .. ,. $.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. 5 ~ ~ s 4 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: ~---- ~. 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 IIII ~ III I, E ~. -. . • ~, ~ ~ 3 v ~ ~ ~ ~~~~Q~~ ~ ~ ~ ~,! ~ ~ o ~ ~ ~• m ~~~3pagQa ~ ~ ~ ~ ~ ~ ~~~ ~~~.m~ ~' m ~ ~ ~ a ~ ~~ ~ ~'~o~~•~Qo ~ -« ~ ~} -r ~ . n j h ~ @ ~ ~ Q O~ ~Q-~ ~ ~- ~..~ A ~ Q ~ 0 Q~ (~~Q~y ~ C~ u ~~ ~ Q ~ ~ _~ : Q O n ~ ~ O N C~ o •O Q. Q O ~ -- ~ _.,. 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C v L 0 c D .~ ~ d m O ~ d ~ ~ ~ _ _ O g ~c . ~ , ~Ty c s W 0 0 c a U d c V ~ ` 1 ~- ~, O C 0 ~~ C~' } } b v U -~ o ~ ~ ~ ~ rn l_ n m .~ 0 U • s 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..,..... .,