Loading...
HomeMy WebLinkAbout09 - HEALTH ,e Chapter 9 HEALTH* Article I. In General Sees. 9.1-9-20. Reserved. Article II. Smoking In Public Places Sec. 9-21. Definitions. Sec. 9-22. Legislative intent. See. 9-23. Penalty for violation. Sec. 9.24. Smoking permitted in certain places. Sec. 9-25. Smoking prohibited. See. 9.26. Posting of signs. See. 9-27. Discrimination or retaliation prohibited. Sees_ 9-28, 9-29. Reserved. Article m. Regulation of Products Containing Ozone. Depleting Compounds e Sec. 9.30. Sec. 9-31. Sec. 9-32. Sec. 9-33. Sec. 9-34. Sec. 9.35. Sec. 9.36. Sec. 9-37. See. 9-38. Sec. 9.39. See. 9-40. See. 9-41. Sec. 9-41.1. Sec. 9-42. Sec_ 9-43. Administration and enforcement. Definitions. Motor vehicle air conditioners. Major refrigeration systems. Refrigerators and portable air conditioning units. Manufacture and sale of products which use an ozone-depleting compound as a propellant or energy source banned. Fire extinguishing systems which use halon. Permit required for sales of certain fire extinguisher. Material for padding or building insulation. Food packaging. Other packaging materials. Article IV. Regulations on Use of Certain Wood-Burning Appliances During High Pollution Days Definitions. Investigation and compliance. Prohibitions of use of solid.fuel.burning devices, wood.burning stoves or wood.burning fireplaces during a high pollution day, except devices specifically exempted from regulation by the Colo. rado Air Quality Commission or primary sources of heat. Violation and penalty. e .Cross references-Animals. Ch. 4; nuisances, Ch. 15; solid waste, Ch. 20; physicians to report certain injuries, ~ 16-65. State law reference-Home rule powers, Cot Canst. Art. XX. !i 6. Supp. )\0. 13 571 . e . e . ARTICLE I. IN GENERAL Sees. 9-1-9-20. Reserved. ARTICLE n. SMOKING IN PUBLIC PLACES Sec. 9.21. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Common area means any lobby, mall or hall- way open or accessible to members of the public who enter such common area as invitees. Employee means a person who is paid a wage or salary by an employer and who works in the enclosed premises of an employer_ Employer means any person, partnership, cor- poration, association or other entity, and the owner, manager, person in charge or proprietor thereof, engaged in a busines's, occupation, pro- fession or trade, whether or not said business, occupation, profession or trade is conducted for profit, and includes any public or governmental entity. Enclosed premises means a building or struc- ture comprised of a roof, four (4) walls and a means of ingress and egress. Public plaee means any enclosed, indoor facil- ity or area that is open to members of the public who enter such facility as invitees, including, but not limited to, mercantile establishments, restau- rants, theaters, financial institutions, educa- tional facilities, hospitals, health care facilities and institutions, libraries, auditoriums, arenas, assembly Or meeting rooms, public conveyances, governmental buildings, office buildings, restrooms, elevators, child care centers and waiting rooms of professional persons. Work area means any enclosed premises occu- pied principally by employees. Smoke or smoking means the possession Of a lighted cigarette, cigar or pipe containing tobacco Supp. No. 21 HEALTH ~ 9-24 or other organic burning matter, regardless of its composition, or the lighting of such cigarette, cigar or pipe by any person. (Code 1977, ~ 19-3) Cross reference-Definitions and rules of construction generally. ~ 1-2. Sec. 9-22. Legislative intent. The city council iinds, determines and declares that the smoking of tobacco or of any other plant or weed in certain areas is a form of air pollution that threatens the health, safety and welfare of the public. The city council deems it necessary to regulate smoking'in common areas, public places and work places, except as smoking is otherwise permitted in desiguated smoking-permitted areas by this article. The provisions of this article shall not apply to an individual dwelling as deiined in the zoning ordinance. (Code 1977, ~ 19-2) Sec. 9-23. Penalty for violation. Any person violating any provision of this article shall be guilty. of a misdemeanor, and, upon conviction of such violation, shall be subject to a iine of not less than twenty-five dollars ($25.00) and not more than one thousand dollars ($1,000.00)_ Each day of a continuing violation shall be deemed to be a separate violation and shall be punishable as such. (Code 1977, ~ 19-8; Ord. No. 1998-1120, ~ 3, 6-8-98) Sec. 9-24. Smoking permitted in certain places. Smoking is permitted in the following places: (1) Designated smoking-permitted areas. (2) The licensed premises of any establish- ment issued a license to sell fermented malt beverages for consumption on the premises, as provided in the Colorado Beer Code [C.R.S. ~ 12-46-101 et seq.J. (3) The licensed premises of any establish- ment issued a beer or wine license, tavern license or club license as provided in the Colorado Liquor Code [C.RS. ~ 12-47-101 et seq.]. 573 ~ 9-24 WHEAT RIDGE CITY CODE (4) Retail stores primarily engaged in the sale of tobacco or tobacco accessories. (5) Restaurants with it seating capacity of thirty (30) or fewer patrons. (6) Enclosed premises occupied exclusively by smokers. (7) Meetings or assemblies not open to mem- bers ofthe public; provided, however, that no such meeting or assembly is conducted in a public place. (Code 1977, ~ 19-4) See. 9.25. Smoking prohibited. (a) It shall be unlawful for any person to smoke in any common area, public place or work area, except as otherwise expressly permitted by this article. (b) The following are hereby designated as "smoking-permitted" areas: (1) In common areas, an area of sufficient size, in the discretion ofthe owner, lessee, principal manager or person in charge, to accommodate patrons, customers and em- ployees who wish to smoke; provided, that an area not exceeding forty (40) percent of the total common area is so designated as a smoking-permitted area; (2) In restaurants with a seating capacity of over thirty (30) persons, the owner, pro- prietor or -person in charge shall desig- nate a smoking-permitted area of suffi- cient size to accommodate, without unreasonable delay, patrons who request to be seated in such a smoking-permitted area. A delay shall be deemed reasonable if it is equal for smokers and nonsmokers; (3) In work areas, an area of sufficient size, in the discretion of the owner, lessee, principal manager or person in charge, to accommodate employees who wish to smoke; provided, that an area not exceed- ing forty (40) percent of the total work area is so designated as a smoking- permitted area. (Code 1977, ~ 19-5) Supp. No. 21 Sec. 9.26. Posting of signs. Th advise persons and employees of the exist- ence of no-smoking or smoking-permitted areas, signs with letters no less than one (1) inch high or symbols of no less than three (3) inches high shall be posted as follows: (1) No owner, lessee, principal manager or person in charge of a common area, public place or work area where smoking is prohibited in an entire establishment shall fail to post a sign using the words "No Smoking" or the international no-smok- ing symbol conspicuously either on all public entrances or in a position clearly visible upon entry into the public place. (2) No owner, lessee, principal manager or person in charge of a public place where certain areas are designated as smoking areas pursuant to this article shall fail to post a sign using the words "No Smoking Except in Designated Areas" conspicu- ously either on all public entrances or in a position clearly visible on entry into the public place. (3) No employer in charge of work areas where smoking is permitted shall fail to post a sign using the words "No Smoking Except in Designated Areas" in a conspic- uous place within the work area. (4) No employer in charge of work areas where smoking is prohibited in an entire work area shall fail to post a sign using the words "No Smoking" or the interna- tional no-smoking symbol in a conspicu- ous place within the work area. (Code 1977, ~ 19-6) See. 9-27. Discrimination or retaliation pro- hibited. It shall be unlawful for any employer, propri- etor or person in charge of common areas, public 574 . e . e . . . . e . HEALTH ~ 9-27 places or places of employment regulated under this article to discharge, discriminate against or in any manner retaliate against any person who requests the designation of smoking areas and/or the enforcement of the provisions of this article_ (Code 1977, ~ 19-7) Supp. No. 21 574.1 HEALTH - Sees. 9.28, 9.29. Reserved. ARTICLE m. REGULATION OF PRODUCTSCONTAnrrNG OZONE.DEPLETlNG COMPOUNDS" e Sec. 9.30. Administration and enforcement. (a) The city administrator, or his designee, shall establish such rules and regulations as are rea. sonable andnecessary to enforce the provisions of this article and shall submit the same to the city council for adoption. (b) Before adopting any rule or regulation pur- suant to this article, the city council shall: (1) Provide public notice of the proposed rule or regulation and of the time and place of the public hearing thereon; and (2) Hold a public hearing on the proposed rule or regulation at the time and place stated in the public notice. (c) The city administrator or his designee shall oversee and be responsible for: (1) The enforcement and administration of this article; (2) Providing informational assistance to per- sons seeking to implement a recycling pro- gram from ozone-depleting compounds used in air conditioning and refrigeration sys- tems; (3) Creating and implementing an educational program to provide information to local es- tablishments, industry and residents re- garding the dangers and hazards associ- ated with products made from or utilizing ozone-depleting compounds; (4) Consulting and cooperating with other local, state and federal governmental agen- cies regarding the regulation of ozone- depleting compounds and other matters af- fecting the environment and the health, safety and general welfare of the public; e "Cross references-Motor vehicles and tram.c~ Ch. 13i ve. hicle emission control, ~ 13.21 et seq.i solid waste generally, Ch. 20; control of litter generally, ~ 20.21 et seq. Supp. No.8 ~ 9-31 (5) Coordinating and consulting with other spe- cial districts, agencies and departments op- erating or existing within the city to facil- itate the administration, application and enforcement of this article. (d) The city council may, in its discretion, es- tablish a science advisory committee for the pur- pose of assisting and providing information con- cerning the effects of ozone-depleting compounds and other matters regarding this article. This com- mittee may be jointly established both with other cities and counties which have adopted ordinances regulation ozone-depleting compounds and with special districts or agencies providing services within Wheat Ridge. (Ord. No. 1990-852, ~ 1, 11-26-90) Sec. 9.31. Def'mitions. As used in this article, unless the context oth- erwise requires: Approved motor vehicle refrigerant recycling equipment shall mean equipment models which have been certified by Underwriters Laboratories to meet the Society of Automotive Engineers (SAE) standard for the extraction and reclamation of re- frigerant from motor vehicle air conditioners (SAE standard J-1991). Food packaging shall mean any bag, sack, wrap- ping, container, bowl, plate, tray, carton, cup, glass, straw or lid, but shall specifically exclude knives, forks and spoons. Major refrigeration system shall mean refriger- ators, freezers, cold storage warehouse refrigera- tion systems and air conditioners which hold more than one hundred (100) pounds of refrigerant or more than one hundred (100) pounds total if more than one (1) refrigerating unit or system exists at the same location. Ozone-depleting compound shall mean those sub- stances identified by the Federal Environmental Protection Agency as contributing to depletion of the stratospheric ozone layer. Thosesnbstances currently identified are: CFC-11 (trichloromono- fluoromethane), CFC-12 (dichlorodifluo- romethane), CFC-113 (trichlorotrinuoroethane), CFC-114 (dichlorotetranuorethane), CFC-115 (chloropentafiuoroethane), Halon-1211 (bromochlo- 575 ~ 9-31 WHEAT RIDGE CITY CODE e rodifiuoromethane), Halon-1301 (bromotrifiuo- romethane), Halon-2402 (dibromotetraUuoroet- hanel, Methyl chloroform and Carbon tetrachloride. Refrigerant shall mean CFC-11 (trichloromono- Uuoromethane), CFC-12 (dichlorodiUuoromethane, also known as chloroUuorocarbon-12 or R-12) or any substitute refrigerant used in motor vehicle air conditioning equipment, refrigerators, air con- ditioners or refrigeration systems which contains an ozone-depleting compound. Science advisory committee shall mean the com- mittee created pursuant to section 9-30(d). (Ord. No. 1990-852, ~ 1, 11.26-90) Sec. 9-32. Motor vehicle air conditioners. (a) No person who owns or operates a facility which installs, services, repairs or disposes of motor vehicle air conditioners shall allow: (1) Any service involving the release or re- charge oLrefrigerant o~motor v.ehicle air conditioner to be performed without prop- erly using approved motor vehicle refrig- erant recycling equipment; and (2) The intentional venting or avoidable re- lease of refrigerants from a motor vehicle air conditioner. (b) No person who owns or operates a facility which accepts motor vehicles for dismantling, scrap metal or permanent disposal shall allow: (1) A motor vehicle to be dismantled, sold as scrap metal or permanently disposed of un- less any air conditioner refrigerant has first been recovered by using approved motor ve- hicle refrigerant recycling equipment; or (2) The intentional venting or avoidable re- lease of refrigerants from a motor vehicle air conditioner. (c) Effective November 15, 1992, all sales ofre- frigerant capable of being used to charge a motor vehicle air conditioner shall be prohibited except in containers with a capacity of at least twenty (20) pounds; provided, however, that until No- vember 15, 1992, licensed professional garages which are engaged in the business of motor ve- Supp. No.8 hicle air conditioner repair shall be allowed to purchase refrigerant capable of being used to charge a motor vehicle air conditioner in one (1) pound cans. (Ord. No. 1990-852, ~ 2, 11-26-90;Ord. No. 1991- 870, ~ 1, 8-29-91) See. 9-33. Major refrigeration systems. (a) No person who owns or operates a facility which installs, services, repairs or disposes of major refrigeration systems shall allow: (1) The installation, service, repair or disposal of a major refrigeration system in a manner involving the release or recharge of refrig- erant without using refrigerant reuse or re- cycling equipment; or (2) The intentional venting or avoidable re- lease ofrefrigerants from a major refriger- ation system. (b) No person who owns or operates a retail store, cold storage warehouse, or commercial or industrial building shall allow the intentional venting or-avoidablerelease of any~gerant from a major refrigeration system without recap- turing and recycling such refrigerant. The provi- sions of this subsection (b) shall apply to any al- teration, renovation or demolition of the building or structure which contains the major refrigera- tion system. (c) Recovered refrigerant which cannot be re- used or recycled shall be destroyed by a method which does not allow the release or escape of any ozone-depleting compound into the atmosphere. (d) If the council, with the advice of the science advisory committee, determines that the substan- tive provisions of the regulations promulgated by the Colorado Air Quality Control Commission pur- suant to C.R.8. ~ 25-7-105(11), are sufficient to implement this section, the council shall cause its rules and regulations to be amended to conform, to the extent possible, to those adopted by the Colorado Air Quality Control Commission pur. suant to C.RS. ~ 25-7-105(11). (Ord. No. 1990-852, ~ 2, 11-26-90) Sec. 9-34. Refrigerators and portable air con. ditioning units. (a) Any person that manufactures, repairs, ser- vices or maintains a refrigerator or air condi- e e 576 HEALTH e e tioning unit shall adopt and implement a reuse or recycling system whereby any ozone-depleting compound used as a coolant in such refrigerator or air conditioning unit shall not be released into the environment, but will be recaptured and re- used or recycled- (b) No person who owns or operates a facility which accepts refrigerators or air conditioning units for dismantling, scrap metal or permanent disposal shall allow: (1) A refrigerator or air conditioning unit to be dismantled, sold as scrap metal or perma- nently disposed of unless any refrigerant has first been recovered by using approved refrigerant recycling equipment; or (2) The intentional venting or avoidable re- lease of refrigerants from a refrigerator or air conditioner. (c) Recovered refrigerant which cannot be re- used or recycled shall be destroyed by a method which does not allow the release or escape of any ozone-depleting compound into the atmosphere- (Ord. No. 1990-852, ~~ 1, 2, 11-26-90) Sec. 9-35. Manufacture and sale of ' products which use an ozone-depleting com- pound as a propellant or energy source banned. No person shall manufacture or sell any aerosol container that uses an ozone-depleting compound as a propellant or source of energy. This section shall not apply to the manufacture or sale of prod- UctS used for medical purposes. (Ord. No. 1990-852, ~~ 1, 2, 11-26-901 e Sec. 9-36. Fire extinguishing systems which use halon. (a) Except as required by statute, rule or regu- lation, no person shall release halon from a fire extinguishing system during the training of per- sonnel or in the testing of such fire extinguishing system. (b) Any person who owns or operates a facility that repairs, services or performs maintenance on a fire extinguishing system or unit shall recap- ture and recycle any halon used as an extin- Supp, :\'"0. 13 ~ 9.38 guishing agent in the system or unit. The imple- mentation of a reclamation system for halon shall go into effect only upon the commercial avail- ability of acceptable equipment approved for use by Underwriters Laboratories. (Ord. No. 1990-852, ~~ 1, 2, 11-26-90) Sec. 9-37. Permit reqnired for sales of cer. tain fire extingnisher. All retail sales of fire extinguishers which con. tain ozone-depleting substances are prohibited un- less at the tinle of purchase the purchaser pre- sents a valid permit for the purchase from the city administrator. The city administrator shall issue such permits for aviation use, use in protecting electrical equipment and for other uses where the applicant demonstrates that there is no techni- cally feasible, economically sound and environ- mentally safe substitute or alternative available. A ban on halon sales without the city administra- tor's approval shall go into effect only if accept- able chemical substitutes, approved for use by Un- derwriters Labotatories, become commercially available. (Ord. No. 1990-852, ~~ 1, 2, 11-26-90) Sec. 9-38. Material for padding or building insulation. Effective January 1, 1994, no person shall man- ufacture or install any material for padding or building insulation that contains an ozone- depleting compound or with respect to which an ozone-depleting compound is used as a blowing agent durin,!> the manufacturing process. The city administrator may issue regulations prohibiting, prior to January 1, 1994, such manufacture or installation if he finds, on the advice of the sci- ence advisory committee, that a commercially vi- able chemical substitution for such ozone-depleting compounds is available. The provisions of this sec- tion shall not apply to any building or structure permanently attached to real estate if such building was issued a building permit on or before December 31, 1993, or the date of the regulations adopted by the city council, whichever is earlier. (Ord. No. 1990-852, ~~ 1, 3, 11-26-90) Note-Section 6 of Ord. No. 1990-852 provided that these provisions become etTective January 1. 1994. 577 H-39 WHEAT RIDGE CITY CODE e Sec. 9.39. Food packaging. No person shall sell at' retail any food or food product in or on food packaging which contains an ozone-depleting compound or for'which an ozone- depleting compound has been used as a blowing agent during the manufacturing process. (Ord. No. 1990-852, ~~ 1,3, 11-26-90) Note-Section 3 of Ord. No. 1990.852 provided that these provisions become effective July 1, 1991. Sec. 9.40. Other packaging.materials. No person shall manufacture, distribute, sell or use for commercial purposes any material or product: (1) Which is used for packaging, wrapping or containing any nonedible products; and (2) Which contains or was manufactured by the use of an ozone-depleting compound. (Ord. No. 1990-852, ~~ 1, 3, 11-26-90) Note-Section 3 of Ord. No, 1990-852 provided that these provisions become effective July 1, 1991. ARTICLE IV. REGULATIONS ON USE OF CERTAIN WOOD.BURNING APPLIANCES DURING HIGH POLLUTION DAYS Sec. 9-41. DefInitions. Unless otherwise required by the context, as used in this article, the following phrases shall have the following mElanings: Burn-down time: That period of time not to ex- ceed three (3) hours following the declaration of a high pollution day required for the cessation of combustion within any wood-burning stove or wood-burning fireplace pursuant to this article. Exemption permit: Any symbol adopted by the city administrator for purposes of notification of exemption from the no bum regulations herein, which may include signs, placards, decals or other appropriate symbols easily visible from the street side of the property upon which it is installed or placed. Exemptions shall mean: (1) An exemption to operate solid-fuel devices on high pollution days issued under the fol. Supp. No. 13 lowing circumstances and upon submission of an application demonstrating eligibility: a. Sole source of heat. Any person who re- lies on -a solid.fuei'burning umce in- stalled prior to the effective date of this article as their sole source of heat shall be eligible for an exemption hereunder. Any person applying for such an ex. emption must sign a sworn statement that they rely on a solid.fuel-burning device installed prior to the effective date of this article as their sole source of residential heat. b. Approved or exempt solid-fuel-burning devices: Any person who operates an approved or exempt solid-fuel-burning device shall be eligible for an exemp- tion from the prohibition or operation contained in subparagraph (l)a. of this definition. Persons entitled to an ex- emption under this article shall be is- sued an exemption permit which must be displayed on the premises to which the exemption applies and be visible from a place of public access on high pollution days. (2) Fireplaces shall not be eligible for exemp- tion from the provisions of this article until such time as emissions standards for f!re- places are promulgated by the Colorado Air Quality Commission. Thereafter, only those fireplaces which have been certified by the Colorado Department of Health as having emissions that do not exceed the emissions standards shall be exempt from the provi. sions of this article. (3) No fee shall be charged for a "sole source of heat" exemption. (4) An exemption shall remain in effect until: a. A residence which has a "sole source of heat" exemption installs a permanent heating system using oil, natural gas, electricity or propane; or b. A visible emission violation is detected for the third time in a single burning season (October through March) at a premises with an exemption permit for an "approved solid fuel burning device n; or e e 578 . e . e . HEALTH c. More stringent federal or state laws or regulations are adopted or promul- gated. High pollution day: Those periods of time de- clared by the Colorado Department of Health as provided for in C.RS., ~ 25-7-106_3(1), which grants to the Colorado Department of Health the authority to " . .. declare a high pollution day based on experienced or anticipated excessive levels of carbon monoxide for particulates when air pollution standards are exceeded for particu- lates, carbon monoxide, or visibility." Pellet stove: A wood heater which meets the following criteria: (1) The manufacturer makes no reference to burning cordwood in advertising or other literature; (2) The unit is safety listed for pellet fuel only; (3) The unit's operating and instruction man- ual must state the use of cordwood is prohibited by federal law; and (4) The unit must be manufactured and sold including a hopper and auger combina- tion as integral parts. Phase III certified wood stove: A wood-burning stove which meets the emission standards set forth in section II.A.1. of the regulations found at 5 CCR 1001-6. Primary source of heat: One or more residential wood-burning stoves or wood-burning fireplaces which provide sole heating demands for the resi- dence. Wood-burning fireplace: An appliance designed for or capable of burning wood or solid fuel which does not meet the definition of a wood-burning stove or is not exempt under the provision of section II.C. of Regulation No.4 found at 5 CCR 1001-6. Wood-burning stove: An appliance designed for or capable of burning wood, including a fireplace insert, capable of and intended for domestic space heating or domestic water heating that meets all of the following criteria: (1) An air-to-air fuel ratio in the combustion chamber averaging less than 35: 1 as de- Supp. No. 21 ~ 9-43 termined by EPA method 28A as set forth in the Federal Regulations 40 CFR Part 60, Subpart III, Appendix A. (2) A usable firebox volume ofless than twenty (20) cubic feet. (3) A minimum bum rate ofless than five (5) kilograms per hour. (4) A maximum weight of eight hundred (800) kilograms. (Ord. No. 1994-962, ~ 1, 5-9-94) Sec. 9-41.1. Investigation and compliance. For the purpose of determining compliance with the provisions of this article, city inspectors are hereby authorized to make inspections. If any person refuses or restricts entry and free access to any part of a premises or refuses inspection or sampling of any device, facility or process where inspection is sought, the inspectors shall seek from the municipal court a search warrant autho- rizing an inspector to enter the premises and comply with this section. The court shall have full power, jurisdiction and authority to enforce all orders issued under the provisions of this section. (Ord. No. 1994-962, ~ 1, 5_9-94) Sec. 9-42. Prohibitions of use of solid-fuel- burning devices, wood-burning stoves or wood-burning fireplaces during a high pollution day, ex- cept devices specifically exempted from regulation by the Colorado Air Quality Commission or pri- mary sources of heat. No person shall operate a wood-burning stove or wood-burning fireplace during a high pollution day. A burn-down time of not more than three (3) hours shall be allowed for the burn-down of exist-, ing fires prior to the initiation of enforcement action. (Ord. No. 1994-962, ~ 1, 5-9-94) Sec. 9-43. Violation and penalty. Any person violating the provisions of section 9-42 hereof shall be guilty of a misdemeanor, and upon conviction or entry of a plea of guilty or nolo 579 ~ 9-43 WHEAT RIDGE CITY CODE contendere thereto shall be subject to a penalty in the form of a fine of not more than one thousand dollars ($1,000_00) per violation. (Ord. No. 1994-962, ~ 1, 5-9-94;; Ord. No. 1998- 1120, ~ 3, 6-8-98) Supp. No. 21 (The next page is 6251 580 . e . e ..