TC Ord. No. 2000-08 Amending Chapter 14.40 of the Avon Muni Code relating to solid fuel burning devices be it enacted by the Town CouncilORDINANCE NO. 00 — 08
AN ORDINANCE AMENDING CHAPTER 15.40 OF THE AVON MUNICIPAL
CODE RELATING TO SOLID FUEL BURNING DEVICES
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Section 15.40.010(A) is hereby repealed and reenacted
to provide as follows:
"To protect air quality."
Section 2. Amendment. Section 15.40.010(B) is hereby repealed.
Section 3. Amendment. Section 15.40.020(A) is hereby repealed and reenacted
to provide as follows:
"'Certified 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."
Section 4. Amendment. A new Section 15.40.020(F) is hereby added to provide
as follows:
"'Non- certified gas -log fireplace' means a wood - burning fireplace equipped
with an artificial log unit which is approved for the burning of natural gas, and
is not used for burning wood or other solid fuel."
Section 5. Amendment. The third sentence of Section 15.40.030 is hereby
repealed and reenacted to provide as follows:
"Below such elevation, certified -solid fuel- burning devices, gas appliances
and certified gas -log fireplaces shall be permitted."
Section 6. Amendment. The last sentence of Section 15.40.040 030 is hereby
repealed and reenacted to provide as follows:
"Above such elevation, certified -solid fuel- burning devices, gas appliances
and non - certified gas -log fireplaces shall be permitted."
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this 11 day of July , 2000, and a public hearing on this Ordinance
shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on
the 25 day of Jul y , 2000, at 5:30 p.m., in the Municipal Building of the
Town of Avon, Colorado.
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INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this 25 day of July '2000.
APPROVED AS TO FORM:
Burt Levin, Town Attorney
r r',dy Yod ",ayor
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
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 25th DAY OF JULY, 2000,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 00 -08, SERIES OF 2000:
An Ordinance Amending Chapter 15.40 of the Avon Municipal Code Relating to Solid Fuel
Burning Devices
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 17th day of July, 2000:
TO" PF AVON, COLORADO
Kris Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 17, 2000:
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
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager 8 z—
From: Michael Matzko, Director of Community Development
Dale July 6, 2000
Re: Ordinance 00 -8, An Ordinance Amending Section 15.40 Of The Avon
Municipal Code To Define And Regulate Non - Certified Gas -Log
Fireplaces In The Town Of Avon, Eagle County, Colorado.
Summary
At the June 27 Council Work session, several owners of property in Mountain Star and Wildridge
asked Council to amend the Town's fireplace regulations. The property owners want to be allowed to
install multiple standard fireplaces, fitted with gas -log sets, in their homes. They are currently
prohibited from doing so because Chapter 15.40 of the Avon Municipal Code effectively defines this
type of fireplace as a woodburning fireplace. Each home may have no more than one such fireplace.
Following the discussion during the work session, Council directed staff to revise Chapter 15.40 to
allow multiple fireplaces of this type. The revised regulation is attached in the form of Ordinance 00-
08. First reading is scheduled for July 11.
Discussion
Summary of Existing Regulation
Chapter 15.40 of the Avon Municipal Code regulates the number and type of fireplaces allowed
within the Town. The original ordinance was adopted by Council in 1992 specifically to promote air
quality, and to promote heat sources that are efficient and have a reduced polluting effect.
The regulation essentially prohibits wood burning fireplaces below 7,820 feet elevation, and allows a
maximum of one fireplace for each new single - family and duplex home above 7,820 feet. A property
owner wanting to install a fireplace must pay an additional $1,500 fee when applying for a building
permit.
The regulation does not restrict the installation of sealed, appliance -type gas -log fireplaces, or certified
solid -fuel- burning devices (such as a pellet stove).
Property Owners' Concerns
The property owners contend that the appliance -type gas -log fireplaces permitted by the regulation are
not aesthetically acceptable, particularly for homes in Mountain Star. They want to be able to install
Memo to Town Council, June 20, 2000 Page 1 of 2
Re: Ordinance 00 -8
standard fireplaces fitted with gas log sets. Chapter 15.40 treats this type of fireplace the same as a
woodburning fireplace, thereby limiting each home to one.
Proposed Regulation
The proposed revisions to Chapter 15.40 are shown in the attached copy of Chapter 15.40. Deleted
language is shown in strikethrough text (fie) and new text is shown in bold underline exam le).
Town Manager Comments
Attachments:
A — Chapter 15.40 of the Avon Municipal Code, with revisions shown in strikethrough and bold
text.
B — Ordinance 00 -8
Memo to Town Council, June 20, 2000 Page 2 of 2
Re: Ordinance 00 -8
Sections:
15.40.010
15.40.020
15.40.030
15.40.040
15.40.050
15.40.060
SOLID- FUEL - BURNING DEVICES
Purpose and applicability.
Definitions.
Regulations below elevation of seven thousand
eight hundred twenty feet.
Regulations above elevation of seven thousand
eight hundred twenty feet.
Gas appliances.
Coal usage prohibited.
15.40.010 Purpose and applicability. These regulations
are enacted for the purpose of promoting the health, safety and
general welfare of the residents of and visitors to the town of
Avon. These regulations are intended to achieve the following
more specific purpose -&:
A. To protect air quality; -mod
B. ie— premeto heat sedLaees that are— `cffie -ient and have -a
red,aeed pel ,,t, effeet. (9r-d 91 11 §1 .
15.40.020 Definitions.
A. "Certified- solid -fuel burning 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 Colorado Air Quality Control Commission.
B. "Gas appliance" means a fully self - contained, U.L. listed
and A.G.A. fireplace unit which does not require venting through
a chimney and which does not permit the use of solid fuel.
C. "Certified 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.
D. "Solid- fuel - burning device" means any fireplace, stove,
firebox or device intended and /or used for the purpose of burning
wood, pulp, paper or other nonliquid or nongaseous fuel. This
definition specifically excludes noncommercial barbecue devices
used to cook food outdoors.
E. "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. (Ord.
91 -11 §1 (part)).
F. "Non- Certified Gas -log fireplace" means a wood - burning
fireplace equipped with an artificial log unit which is
approved for the burning of natural gas, and is not used for
burning wood or other solid fuel.
15.40.030 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 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 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 certified gas -log fireplaces shall be permitted.
Below such elevation there shall also be permitted one wood -
burning fireplace in the lobby of spy hotel or lodge; provided, a
fee in the amount of three thousand dollars is paid at the time
of application for building permit. (Ord. 91 -11 §1 (part)).
15.40.040 Regulation above elevation of seven thousand eight
hundred twenty feet. Above the elevation of seven thousand eight
hundred twenty feet; one wood - burning fireplace shall be
permitted in each new dwelling unit constructed; provided, a fee
in the amount of one thousand five hundred dollars is paid at the
time of application for building permit; provided, no new wood -
burning or other solid - 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 non certified qas -log fireplaces shall be
permitted. (Ord. 91 -11 §1 (part)).
15.40.51 Gas appliances. All gas -log fireplaces shall be
constructed in such a manner that access to the firebox is
prohibited except for the purposes of repair and maintenance.
(Ord. 91 -11 §1(part)).
15.40.060 Coal Use Prohibited. The burning of coal within the
town is prohibited. (Ord. 91 -11 §1 (part)).