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TC Ord. No. 1991-11SENT BY:Xerox Telecopier 7021 ; 7-10-91 ; 9:28AM 303 9499139;4 2 ORDINANCE NO. 9.1-11 AN ORDINANCE REGULATING FIREPLACES AND OTHER SIMILAR DEVICES WITHIN THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF WHEREAS the pollution of the air is a growing concern; and WHEREAS fireplaces within WHEREAS elevations within BE IT ORDAINED BY Section of the Town of Avg as follows: such pollution is contributed to by the use of the Town; and the degree of such pollution is lose at higher the Town; THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 1. Amendment. Title 15 of the Municipal Code )n is amended by the addition of a Chapter 15.40 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 purposes: 1) To protect air quality; and 2) To promote heat sources that are efficient and have a reduced polluting effect. 15.40.020 Definitions. 1) "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 non-liquid or non-gaseous fuel. This definition specifically excludes non-commercial barbecue devices used to cook food outdoors. 2) "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. 3) "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. 07-10-91 09: 30 A14 SENT BY:Xerox Telecopier 7021 ; 7-10-91 ; 9:29AM ; 303 9499139;# 3 4) "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. 5) "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. 15.40.030 Regulations Below Elevation of 7820 feet. 1) Below the elevation of 7820 feet no new wood- burning or other solid-fuel-burning fireplaces or other devices shall be permitted to be constructed or installed after this ordinance 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 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 $3,000 is paid at the time of application for building permit. 15.40.040 Regulations Above Elevation of 7820 feet. Above the elevation of 7820 feet one woad-burning fireplace shall be permitted in each new dwelling unit constructed; provided a fee in the amount of $1500 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 this ordinance becomes effective. Above such elevation certified--solid-fuel-burning-devices, gas appliances and gas-log fireplaces shall be permitted. 15.40.030 Chas ARRIiances. Ail 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. 15.40.060 Coal Usage Prohibited. The burning of caal within the Town of Avon is prohibited. Section 2. Effective Date. This ordinance shall become effective upon final a~,r o -ie. -'i F]~ 0 SENT BY:Xerox Telecopier 7021 ; 7-10-91 ; 9:29AM ; -4 303 94991394 4 passage and adoption; provided it shall not be effective until January 9, 1992, with respect to projects for which design review was commenced on the effective date of this ordinance and for which design review approval is given. Section 3. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance and each part, section, sub-section, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. Section 4. Penalty. It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of, this Ordinance. Any person who violates any provisions of this Ordinance shall be punished by a fine of not more than five hundred dollars or by imprisonment for a period of not more than ninety days or by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 25th day of June, 1991 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 9th day of July, of the Town of Avon, 1991 at 7:30 P.M. in the Municipal Build tn~ Colorado. ]-91 1'~ n aw; 7 SENT BY:Xerox Telecopier 7021 ; 7-10-91 ; 9:30AM ; -4 303 9499139;# 5 INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 9th day of July, 1991. Attest: Mayo t- 1 0- 9 1 Li 9: 0 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 7:30 P.M. ON THE 9TH DAY OF JULY, 1991, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 91-11, SERIES OF 1991: AN ORDINANCE REGULATING FIREPLACES AND OTHER SIMILAR DEVICES WITHIN THE TOWN OF AVON AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF 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 published by order of the Town Council of the Town of Avon, Colorado. Dated this 26th day of June, 1991. BY OF,/AVON, C atricia "J(/ Doyle, /Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 26, 1991: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY THE COASTAL MART, INC.; and THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY