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HomeMy WebLinkAboutOrdinance-1994-0964 INTRODUCED BY COUNCIL MEMBER FIELDS Council Bill 52 ORDINANCE NO. 964 Series of 1994 TITLE: AN ORDINANCE AMENDING SECTION 5-76 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, PERTAINING TO SOLID FUEL BURNING FIREPLACES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, 'COLORADO, THAT: Section 1. Section 5-76. Building Code, shall be amended by the addition of the following Section 3705 of the Uniform Building Code 1991 Edition: (d) Every new or REMODELED solid fuel burning factory fireplace shall have permanently installed either: (1) Approved gas logs; or (2) Other approved gas or alcohol specific appliances; or (3) A phase III certified device as defined in Federal Regulations 40CFR Part 60 Subpart AAA, section 41-728 or other solid fuel burning device meeting the most stringent emission standards for wood stoves established under state statute and/or regulations promulgated by the Colorado Air Quality Control Commission existing at the time of installation of the fireplace, as demonstrated by test by an Environmental Protection Agency accredited laboratory, and which is safety tested to Underwriter's laboratory standards. Section 2. Section 5-76. Building code shall be amended by the addition of the following paragraph to Section 3707 (a): General Every new OR REMODELED masonry fireplace shall have permanently installed either: (1) Approved gas logs; or (2) Other approved gas or alcohol specific appliances; or (3) A phase III certified device as defined in Federal Regulations 40CFR Part 60 Subpart AAA, section 41-728 or other solid fuel burning device meeting Ordinance No. qfi4 Series of 1994 Page 2 stoves established under state statute and/or regulations promulgated by the Colorado Air Quality Control Commission existing at the time of installation of the fireplace, as demonstrated by a test by an Environmental Protection Agency accredited laboratory, and which is safety tested to Underwriter's laboratory standards. Section 3. Purpose. The purpose of this Code is to provide minimum standards to safeguard life and limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City and certain equipment specifically used therein. Section 4. Violation and Penalties. Any person, firm, association or other entity doing any act or omission in violation of this Code shall be subject to prose- cution, and subsequent penalty, if any, as provided in Section 5-5 of the Code of Laws of the City of Wheat Ridge. Section 4. Violations and Penalties. Section 5. Severability. If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remain- ing portions of this ordinance. The City Council hereby declares that it would have passed this ordi- nance and each part or parts thereof, irrespective of the fact that anyone part or parts be declared invalid. Section 6. Safetv Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to these objectives. Section 7. This ordinance shall take effect 15 days after final publication. Ordinance No, 964 Series of 1994 Page 3 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11 th day of Apri 1 , 1994; ordered pub- lished in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage be set for Monday, May 9 , 1994 at 7:00 P.M., in the Council chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 , this 9th day of May 1994. SIGNED BY the Mayor on this 10th day of May , 1994. ~~ Dan Wilde, MAYOR ATTEST: 1 ( _':J~V'-i^- ~,~ ~( Wanda Sang, CITY CVERK ,,~ APPROVED AS TO FORM BY CITY ATTORNEY: ~ yj~A~io ) athryn roetler, CITY ATTORNEY 1st Publication: April 19, 1994 2nd Publication: May 17,1994 Wheat Ridge Sentinel: Effective Date: June 3, 1994 <building>code/fireplaces/93