TC Ord. No. 1999-13 Repealing and Reenacting Chapter 15.24 of the Avon Muni CodeTOWN OF AVON
ORDINANCE NO. 99 -13
SERIES OF 1999
AN ORDINANCE REPEALING AND REENACTING
CHAPTER 15.24 OF THE AVON MUNICIPAL CODE:
ADOPTING BY REFERENCE THE 1998 EDITION OF THE INTERNATIONAL
MECHANICAL CODE AND SETTING
FORTH DETAILS IN REGARD THERETO
WHEREAS, the 1998 Edition of the International Mechanical Code has been published; and
WHEREAS, the Town of Avon wishes to adopt the 1998 Edition of the International
Mechanical Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, THAT:
Chapter 15.24 of the Avon Municipal Code is hereby repealed and reenacted, to read
as follow:
SECTIONS:
15.24.010 Adoption.
15.24.020 Additions or modifications.
15.24.030 Section 106.5.1 — Permits — Fees — Work commenced before permit issuance.
15.24.040 Section 106.5.2 — Permits — Fees — Fee schedule.
15.24.050 Section 109 — Mean s of Appeal — Liability of Town Council Members.
15.24.060, Section 509.5 —Fire Suppression Systems — System Interconnection.
15.24.070 Section 701— Combustion Air — General.
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15.24.080 Section 902 — Masonry Fireplaces.
15.24.090 Section 908 - Gas -Fired Log Lighters.
15.24.100 Section 1308 — Installation Requirements for Undiluted LP -Gases (Butane and
Propane) — Prohibited Locations.
15.24.110 Violation.
15.24.120 Penalty.
15.24.130 Repeal.
15.24.140 Validity
CHAPTER 15.24
15.24.010- Adoption.
The Charter of the Town; Section 6.9, provides that standard codes may be adopted
by reference, with amendments. The town adopts the 1998 Edition of the International
Mechanical Code and all appendix chapters thereto. The International Mechanical Code is
published by the International Code Council, 5203 Leesburg Pike, Suite 708, Falls Church,
Virginia, 22041 -3401. Three copies of the International Mechanical Code (1977 Edition) are
on file in the Town Clerk's office, and,are available for inspection during regular office
hours.
15.24.020 Additions or modifications.
The International Mechanical Code is amended and changed in Sections 15.24.030
through 1- 5.24.100 of this Chapter.
15.24.030 Section 106.5.1- Permits — Fees — Work commenced before permit
issuance.
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Section 106.5.1 is amended as follows:
Section 106.5.1.- Work commenced before permit issuance.
Any person who commences work on a mechanical system before obtaining the
necessary permits shall be subject to 400 percent of the usual permit fee in addition to the
required permit fees.
15.24.040 Section 106.5.2 — Permits — Fees - Fee Schedule.
Section 106.5.2 is repealed and reenacted as follows:
Section 106.5.2 — Fee Schedule.
The fee for each permit shall be as set forth in The Town of Avon Fee Schedule A_(as
adopted by resolution of the Town Council).
15.24.050 Section 109 - Means of Appeal — Liability of Town Council Members.
Section 109 is repealed and reenacted as follows:
Section 109 — Means of Anneal - Liability of Town Council Members.
(a) A person shall have a right to appeal a decision of the code official to the Town
Council. An application for appeal shall be filed with the Town Clerk within 20-days after
the date of the decision of the code official. An application for appeal shall be based on a .
claim that the true intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted.
(b) - Any member of the Town Council, acting in good faith and without malice for
the Town of Avon in the discharge of their duties, shall not thereby render themselves
personally liable. The members are hereby relieved from all personal liability for any
damage that may accrue to persons.or property as a result of their duties. Any'suit brought
against a member or members of the Town Council because of any act or omission
performed by them in the discharge of their duties, shall be defended by the Town of Avon
until final termination of the proceedings.
15.24.060 Section 509.5 — Fire Suppression Systems — System Interconnection.
Section 509.5 is amended to add the following last sentence.
Section 509.5 - System Interconnection.
Fire extinguishing equipment shall be monitored in accordance with Section
1007.3.3.6 of the 1997 Uniform Fire Code.
15.24.070 Section 701 — Combustion Air - General.
Section 701 is amended by adding a new Section 701.6 as follows:
Section 701.6 - Type of Construction.
All buildings in the Town of Avon shall be considered to be of unusually tight
construction and will draw all combustion air from the outside of the building.
15.24.080 Section 902 - Masonry Fireplaces.
Section 902 is amended as follows:
(a) Section 902.1 - General - Purpose and applicability.
These regulations are enacted for the purpose of promoting the health-and general
welfare of the residents and visitors of the Town of Avon. These regulations are also enacted
for the following more specific purposes: to protect air quality, and to promote heat sources
that are efficient and provide a reduced polluting effect.
(b) Section 902.2 - Definitions.
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1. "Certified- solid -fuel- device" means a solid -fuel- burning device which is certified
by the Air Pollution Control Division of the Colorado Department of- Health to meet the
emissions standards set forth in Section IV of Regulation No. 4 of Volume I of the Colorado
Air Quality Control Commission.
2. "Gas appliance" means a fully self - contained U.L. and A.G.A. fireplace unit which
does not require venting through a chimney, which has no damper and which does not permit
the use of solid fuel.
3. "Gas-log fireplace" means a gas appliance equipped with an A.G.A. and U.L.
listed artificial log unit which is approved for the burning of natural gas, has no damper and
vents through an approved vent.
4. "Solid -fuel- burning device" means any fireplace, firebox or device intended and/or
used for the purpose of burning wood, pulp, paper or other non liquid or nongaseous fuel
This definition specifically excludes noncommercial barbecue devices used to cook food
outdoors.
5. "Wood- burning fireplace" means an open hearth or fire chamber or similar
prepared place in which a fire may be made and which is built in conjunction with a
chimney.
c) Section 902.3. - Regulations below the elevation of seven thousand eight hundred .
twenty feet.
Below the elevation of seven thousand eight hundred twenty feet, no new wood-
burning or solid - fuel - burning fireplaces or other such devices shall be permitted to be
constructed or installed after the ordinance codified in this chapter becomes effective. No
mobile or modular home shall be moved into place in the town and connected to utility
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service which has installed with such mobile or modular home a solid -fuel- burning device.
Below such elevation, certified- solid -fuel- burning devices, gas appliances and gas -log
fireplaces shall be permitted. Below such elevation there shall also be permitted one wood
burning fireplace in the lobby of any'hotel or lodge, provided, a fee in the amount of three
thousand dollars ($3000) is paid at the time of application for a building permit.
(d) Section 902.4 - Regulations above elevation of seven thousand eight hundred
twenty feet.
Above the elevation of seven thousand eight hundred twenty feet, one wood - burning
fire place shall be permitted in each new dwelling unit constructed, provided, a fee in the .
amount of one thousand five hundred dollars ($1500) is paid at the time of application for a
building permit; provided, no new wood - burning or other fuel- burning fireplaces or other
devices shall be permitted in dwelling units triplex and greater in size after the ordinance
codified in this chapter becomes effective. Above such elevation, certified- solid -fuel-
burning devices, gas appliances and gas -log fireplaces shall be permitted.
(e) Section 902.5 - Gas appliances.
All gas fireplaces shall be constructed in such a manner that access to the firebox is
prohibited except for the purposes of repair and maintenance.
(f) Section 902.6 - Coal usage prohibited.
The burning of coal within the town is prohibited.
15.24.090 Section 908 -.Gas Fired Log Lighters.
Section 908 is deleted.
15.24.100 Section 1308.5 — Installation Requirements For Undiluted LP -Gases
Butane and Propane) — Prohibited Locations.
Section 1308 is amended to add new Section 1308.4.
Section 1308.4 — Prohibited Locations.
No LP fired appliance shall be installed in any sub -grade location.
15.08.110 Violation.
The following clause concerning violations is set forth in full and adopted with
reference to the International Mechanical Code named in the title of this Chapter:
It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish,
repair, use and occupy any building or structure and in the town or cause or permit the same
to be one, contrary to or in violation of any of the provisions of any of the codes or standards
named-in the title of this chapter.
15.08.120 Penalty.
Any person, firm or corporation violating any of the provisions of this chapter or of
the provisions of the International Mechanical Code named in the title of this chapter shall be
deemed guilty of a misdemeanor; and any such person, firm or corporation shall be deemed
guilty of a separate offense for each and every day or portion thereof during which any
violation of any of the provisions of any of the codes and standards named in the title of this
chapter is committed, continued or permitted, and upon conviction of any such violation,
such person, firm or corporation shall be guilty of a misdemeanor and punishable by a fine of
not more than one thousand dollars or ninety days imprisonment, or by both.
15:08:130 Reveal.--
The repeal or the repeal and reenactment of any provision of the code of the town as
provided in this chapter shall not affect any right which has accrued, any duty imposed,
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated in this chapter.
15.08.140 Validity.
If any section, subsection, sentence, clause, or phrase of the International Mechanical
Code named in the title of this chapter is for any reason held to be invalid or unconstitutional,
such decision shall not affect the validity or constitutionality of the remaining provisions:of
these ordinances. The town declares that it would have passed these ordinances, and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 4 "day of �, 1999, and a public hearing on the Ordinance shall
be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the
;day of , 1999 ,at 5:30 P.M. in the Municipal Building of the Town of
Avon, Colorado. "g1jil OF 4�j0�✓
J A L
J d Yoder, 94ae4
ATTEST:
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GAIT tkAuGdZ o6t� 1b�Wm GL&�tJG
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED, this _27 day of July, 1999.
APPROVED AS TO FORM:
Burt Levin, Town Attorney
L':
Ody Yo .,:! . g •
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 27th DAY OF JULY 1999,
AT THE 'TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO. 99-13, SERIES OF 1999:
An Ordinance Repealing and Reenacting Chapter 15.24 of the Avon Municipal Code: Adopting
by Reference the 1998 Edition of the International Mechanical Code and Setting Forth Details in
Regard Thereto
A- copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk;
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 19th day of July, 1999.
mm
,COLORADO
Kris Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 19,1999:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY