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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 Section 15.40.010(A) is hereby repealed and reenacted to provide as follows: "To protect air quality."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 Section 15.40.010(B) is hereby repealed.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 Section 15.40.020(A) is hereby repealed and reenacted to provide as follows: "'Certified gas -log fireplace' means a gas appliance equipped with an A.G.A. and U.L. listed artificial log unit which is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 The third sentence of Section 15.40.030 is hereby repealed and reenacted to provide as follows: "Below such elevation, certified -solid fuel- burning devices, gas appliances and certified gas -log fireplaces shall be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 The last sentence of Section 15.40.040 030 is hereby repealed and reenacted to provide as follows: "Above such elevation, certified -solid fuel- burning devices, gas appliances and non - certified gas -log fireplaces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. dy . ! #yor 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)).