HomeMy WebLinkAboutbocc.ord.031.1999AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO AMENDING BOARD OF COUNTY COMMISSIONERS
ORDINANCE #92-18 REGARDING MINIMAL AND INSIGNIFICANT CHANGES IN
AIR QUALITY CONTROL REGULATIONS
ORDINANCE # 99- 3 1
1. On December 22, 1992 the Pitkin County Board of County Commissioners,
("Board") adopted Ordinance #92-18, which repealed Resolution 82-148, 85-14 and 86 —91 to
Restate the Board of County Commissioner's Declaration of Policy; Simplify and Consolidate
Provisions Regulating the Use of Solid Fuel Burning Devices and Restaurant Grills.
2. Modifications to Ordinance #92-18 are needed to permit gas log fireplace
installations in previously prohibited areas of Pitkin County.
3. The Board recognizes that the proposed modifications to Ordinance 92-18 will
not cause deterioration of air quality in Pitkin County and surrounding areas.
4. The Board recognizes the importance of maintaining air quality at levels that are
healthful to the environment,
5. The Board has been proactive in past legislative and policy decisions that will
allow development only if there are no negative impacts to air quality.
6. The changes to the ordinance will be minimal and insignificant in the air quality
control regulations.
7. The Board desires to amend Ordinance #92-18 to read as follows:
1. Section 2 Article 2 Definitions (i)
Current Language
Division shall mean the Colorado Department of Health, Air Pollution Control
Division
Amended
Division shall mean the Colorado Department of Public Health and Environment,
Air Pollution Control Division.
2. Section 3 Article 4-6.2 (d) Solid Fuel Burning Devices, Installation and
Retrofits
Current Language
No person shall install more than two (2) Department certified devices in any
single building within the Pitkin County non -attainment area. In the rest of Pitkin
County, one (1) of the two (2) devices in any single building may be a solid fuel
Ordinance # 99 -
Page 2
burning device, and the other shall be a Department certified device. Such
devices shall be allowed only in residential buildings
Amended Language
Section 3 (d) No person shall install more than two (2) Department certified
devices in any single building within the Pitkin County non -attainment area. In
the rest of Pitkin County, one (1) of the two (2) devices in any single building
may be a solid fuel burning device, and the other shall be a Department certified
device. Such devices shall be allowed only in residential buildings. In the
attainment and non -attainment areas: restaurant, skier service, and lodge buildings
can have a gas log fireplace and unlimited decorative gas fireplace appliances.
3. Section 3 Article 4-6.2 (e) Solid Fuel Burning Devices, Installation and
Retrofits
Current Language
Each new solid tuel burning device, gas log fireplace or gas appliance shall be
registered with the Department upon installation and prior to the final approval of
such installation by the Department. Such registration shall be obtained by
submission of the stove and fireplace registration form provided by the
Department and upon payment of the fee prescribed by Section 2-38 (f) of this
Code.
Amended Language
Each new solid fuel burning device, gas log fireplace or gas appliance shall be
registered with the Building Department prior to installation and final approval of
such installation by the Building Department. Such registration shall be obtained
by submission of the stove and fireplace registration form provided by the
Building Department.
4. Section 3 Article 4-6.2 (h)
NEW ADDITION
A decorative or antique stove which is not connected with a flue and is therefore
inoperative, shall not be considered a woodstove and shall not be subject to the
provisions of this Ordinance.
NOW THEREFORE, be it ordained that the Board of County Commissioners of Pitkin
County, hereby amends Board of County Commissioners Ordinance 92-18 as follows:
1. Section 2 Article 2 Definitions (i)
Ordinance # 99 -
Page 3
Current language
Division shall mean the Colorado Department of Health, Air Pollution Control
Division
Amended
Division shall mean the Colorado Department of Public Health and Environment,
Air Pollution Control Division.
2. Section 3 Article 4-6.2 (d) Solid Fuel Burning Devices, Installation and
Retrofits
Current Language
No person shall install more than two (2) Department certified devices in any
single building within the Pitkin County non -attainment area. In the rest of Pitkin
County, one (1) of the two (2) devices in any single building may be a solid fuel
burning device, and the other shall be a Department certified device. Such
devices shall be allowed only in residential buildings
Amended Language
Section 3 (d) No person shall install more than two (2) Department certified
devices in any single building within the Pitkin County non -attainment area. In
the rest of Pitkin County, one (1) of the two (2) devices in any single building
may be a solid fuel burning device, and the other shall be a Department certified
device. Such devices shall be allowed only in residential buildings. In the
attainment and non -attainment areas: restaurant, skier service, and lodge buildings
can have a gas log fireplace and unlimited decorative gas fireplace appliances.
3. Section 3 Article 4-6.2 (e) Solid Fuel Burning Devices, Installation and
Retrofits
Current Language
Each new solid tuel burning device, gas log fireplace or gas appliance shall be
registered with the Department upon installation and prior to the final approval of
such installation by the Department. Such registration shall be obtained by
submission of the stove and fireplace registration form provided by the
Department and upon payment of the fee prescribed by Section 2-38 (f) of this
Code.
Amended Language
Each new solid fuel burning device, gas log fireplace or gas appliance shall be
registered with the Building Department prior to installation and final approval of
such installation by the Building Department. Such registration shall be obtained
by submission of the stove and fireplace registration form provided by the
Building Department.
Ordinance # 99 -
Page 4
4. Section 3 Article 4-6.2 (h)
NEW ADDITION
A decorative or antique stove which is not connected with a flue and is therefore
inoperative, shall not be considered a woodstove and shall not be subject to the
provisions of this Ordinance.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 25th
DAY OF AUGUST, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON THE 28TH DAY OF AUGUST, 1999.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 8TH DAY
OF SEPTEMBER, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 18TH DAY OF SEPTEMBER, 1999.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER
PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY
COMMISSIONERS
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
,u(
Leslie J. L nt
07,11
ChairDate: q
I
Ordinance # 99 - I
Page 5
APPROVED AS TO FORM:
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Suz:�;
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Cou Manag r
Aspen/Pitkin County Environmental Health Director
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