Loading...
HomeMy WebLinkAboutBuilding Review Board - Minutes - 06/27/19960 BUILDING REVIEW BOARD REGULAR MEETING June 27, 1996 1:00 PM Council Liaison: Ann Azari II Staff Liaison: Felix Lee Chairperson: Mike Sutton 490-2161(w) 484-1849(h) The regular meeting of the Building Review Board was held on Thursday, June 27 1996, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Sutton, Cornell, Hansch, Meleski, Cotterman. Board members absent: Brown, Froseth. Staff members present: Felix Lee, Building & Zoning Jennifer Nuckols, Building & Zoning The meeting was called to order by Chairman Sutton. The minutes were approved with corrections. PRESENTATION BY LINDA DEVOCELLE FROM NATURAL RESOURCES ON PROPOSED WOOD BURNING AND RADON ORDINANCES, Wood Burning Linda Devocelle of the Natural Resources Department came before the Board with a slide presentation overview of the proposed wood burning and radon ordinances. Linda introduced Brian Woodruff, also of the Natural Resources Department and stated that Dr. Janet Johnson, a health physicist, from Shepard and Miller would be joining the meeting shortly and would be able to answer some of the questions that may be raised concerning the radon issue. Linda went through the slides and explained the steps that are to be taken in presenting the issues to Boards and Commissions, Chamber of Commerce and social groups, and possibly several public meetings. It is planned to go to a council study session on July 23rd, and to go for a first vote on August 20th. Attached are copies of the slides used at the presentation. Building Review Board June 27, 1996 Page 2 Linda reviewed the Air Quality Action Plan that the City initially passed in 1994, which was recently updated. She explained that the plan lays out a 20 year plan for air quality in Fort Collins and that it looks at four sources of air pollution: automobiles, commerce and industry, wood burning and indoor air pollution. "The goal of the air quality plan is to continually improve Fort Collin's air quality", stated Linda. Linda reviewed the proposed ordinances, why they are being proposed, the goal of the air quality action plan, public opinions on wood burning and wood smoke pollution. She provided statistics on the. number of wood burning fireplaces in Fort Collins as well as statistics on the number of freestanding wood stoves and fireplace inserts. Also provided were figures on what it could cost to remove an existing fireplace, decommission an existing fireplace, remove and remodel and/or replace an existing wood burning fireplace with gas. She further discussed implementation of the proposed code and how it would be carried out. Board member Cotterman questioned who the "staff' is that has been working on the proposed ordinance. Linda Devocelle stated that "staff' are members of the Natural Resources Department who are in the air quality unit and Mike Gebo from Building Inspection. Cotterman asked who is on the committee. Linda replied that Bill Ekard, Margaret Phillips, Mike Gebo and herself are on the committee. Sutton questioned why now we need an ordinance if we are already getting better air quality as use of wood is presently dropping? Linda stated that there are still approximately 15,000 wood burning fireplaces and 5,000 to 6,000 freestanding wood stoves and/or wood stove inserts which are "dirty burning" and they are not seeing a turnover on those units. Meleski questioned that when a person wants to sell their house and it is recognized that there is a wood burning unit in the home, what is their next step? Linda stated that the implementation part of the ordinance is still being worked out but the committee's suggested method of implementation is that if a person has a wood burning unit, they would have to have an independent parry come in and verify as to whether that unit were certified. She stated that it has been discussed to set up training for home inspectors because many people currently have home inspections and the inspector would then perform an inspection and contact the Building Inspection Department and verify whether it is a certified unit. Sutton asked if there had been any input from the real estate community? Linda responded that they will be meeting with the Board of Realtors to discuss the situation. Cotterman asked if there are any numbers on homes where wood burning is the sole source of heat? Building Review Board June 27, 1996 Page 3 Linda replied that they had no solid statistics on that but that it is a small portion that are used solely for heating, and that she would later provide that number for the Board. Cotterman stated that any restrictions would impose a great hardship on low income households. Linda agreed that it would be hardship on those who use wood burning solely for heating because if they did not have a certified unit and wanted to continue to do such, their unit would need to be upgraded. Sutton stated that this can only be controlled at the point of sale and that there may be a demographic that may not be doing a lot of buying and selling of homes. He continued that if someone is selling their house, it will affect the buyer, not the seller. Linda agreed as to that point but stated that there have not been any final decisions made on the ordinance. Meleski asked if the ordinance would affect historic housing? Linda replied that they have not looked at that, as have they not looked at multi family units. Sutton questioned if there is any kind of estimate on where these 15,000 wood burning units are - upper end, lower end, multi family? How many of them change hands in a particular year? Linda replied that the real estate community has stated there to be a turnover of about 2500 homes a year. Cotterman questioned the level of wood smoke pollution in comparison with smoke from automobiles? Linda replied that automobiles are the major source of air pollution in Fort Collins, followed by commerce and industry, and wood burning, third. She stated that the committee wants to continually look at pollutant contributors. Wood smoke contributes about 10% of the carbon monoxide, auto pollution about 90%, but wood burning fits into the whole picture of air pollution in Fort Collins. Cotterman stated that for 10% of the total, there are a lot of restrictions being put on those 10% and we're letting the other 90% go without any major changes in the building code. He questioned if there is another City body that is looking at putting restrictions on the automobile user? Linda replied that the City Plan is looking at the use of the automobile. Linda questioned the Board on how they felt about the non permitted units? Sutton replied that going in at the point of sale is about the only place to catch non approved units but feels that it would be a decent approach. Stated that he agrees with Cotterman that wood smoke is the 3rd largest cause of pollution but we are having a positive trend. He questioned if there is any way to increase this trend without imposing another ordinance, also what is the City's role and what kind of expense will there be on the City? Linda replied that they don't have a dollar amount on that and that there will"be some staff time spent on training of home inspectors. Cotterman stated that there are currently wood burning restrictions in the code and that in time Building Review Board June 27, 1996 Page 4 the current codes will decrease wood smoke output. He stated that he feels it is too much to ask for new restrictions. Brian Woodruff of the Natural Resources addressed the Board. Brian stated that the air quality plan contains the goal to continually improve the air quality, it also has the objective to reduce the number of uncertified wood stoves in Fort Collins, and the air quality plan directs them to try to reduce the number of unconverted units by either decommissioning them or upgrading them. That is what is prompting the committee to look at the ordinance approach. They have already tried incentives and have not seen turnovers. Sutton asked if the fuel side has ever been looked at - tax the fuel and make it more expensive? Brian stated that they have not looked at it. Meleski stated that he does not consider the wood burning issue a major problem and we continue with the current program but that he does agree with the idea of taxation on the fuel (wood). Lee stated that from a staff perspective, in terms of impact, specifically the non permitted, illegal units, that he supports the action to require verification for illegal units at the point of sale because of the safety issue involved and that it would not impact staff greatly. Sutton stated that he agreed with Lee. Radon Linda stated that the Air Quality Advisory Board is recommending that all new construction be tested at the point of sale and that those test results be provided to the buyer. She explained that Colorado is in what the EPA calls a Zone I radon area - our radon levels tend to be above 4 piC/L of air - the level at which the EPA recommends residents consider taking action. She stated that in Fort Collins, the levels tend to be between 4 and 10 on average. Linda continued the slide presentation, showing a city survey of radon levels on different levels of a home. She discussed the health risks of radon and went over statistics done on miners. She also stated that Larimer County is presently requiring radon testing and that the test is being tied into the issuance of the Certificate of Occupancy. Linda explained the procedure and the system used to perform the radon testing. She showed a slide of a passive system and how it works. She further showed slides on test costs on single family, multi -family and non-residential for passive system installation. Linda stated that the implementation is not meant to put an additional burden on Building Inspection. The testing would be completed prior to issuance of a certificate of occupancy by a third party . The test results would be provided to the home buyer. In the instance of a spec 0 Building Review Board June 27, 1996 Page 5 home, the test would be done similar to an existing home transaction and the buyer would get the test results prior to finalizing the contract. She stated that implementation is still being worked out. Linda stated that staff supports testing if a valid way to test can be found and continue to have a program that raises public awareness. She stated that they also support installation of a passive system. Meleski questioned whether testing would be on new or existing construction. Linda stated that it would be on new construction. The committee is looking at new homes because they are a good place to start. To install on existing homes would be a major expense to a lot of people. Sutton stated that mitigation would be much more expensive in an existing home than to be added as part of new construction. He also explained how readings may be incorrect as the test may not be done properly because home owners are wanting to move in quickly. A passing reading could be obtained but not be correct. He questioned what kind of testing will be done? Linda replied that it would be a short term 48 - 72 hour test or a continuous monitor type test which does a continuous printout, that can be done in a shorter period of time. Sutton stated that cost shown by Linda seemed to be low for mitigation by about 10%. Sutton questioned Dr. Johnson about the risks of radon. She replied that in uranium miners, radon causes lung cancer and can therefore cause cancer in homes. She stated that indoor levels of radon can increase ones chance of getting lung cancer. She also explained how testing on radon is done under proper conditions. Meleski stated that severe areas should be pinpointed, and the only way to do that is to require existing houses to be tested. Dr. Johnson stated that radon levels can change on a house by house basis. Sutton stated that generally one can say southwest part of the City is more likely to have a problem then the northeast. Houses side by side can be completely different - if it is going to succeed, testing needs to happen on every housing transaction. Linda stated that the City is the process of completing a radon indoor potential mapping study, that looks at geology and soil permeability in several locations throughout the community. Meleski recommend everyone test their homes. Linda stated that of all who have called her requesting information about radon or tests, none have complained about testing being a problem. She said they are all very concerned about radon. Cornell stated that the City Water Utilities had a water meter installation program and maybe a similar program could be set up for radon testing. Sutton stated that there should be a cut-off 0 • Building Review Board June 27, 1996 Page 6 date for the volunteer program and then the ordinance would kick -in and then people would have to pay for the testing and installation of mitigation systems on their own. Meleski asked about recommending implementation? Linda stated that staff recommends testing and that they believe radon is a health problem and people should install passive systems to impact air quality. She stated that they would like to see testing done in new homes. Meleski asked when staff is going to decide on exactly what is to be done? Linda replied that the EPA states we are in a Zone I radon level, and if we want to impact air quality, then why not just put in a system up front. Sutton asked what the ordinance would say? Linda stated that they are not through with their public outreach on the issue. In about six weeks they will be done with public outreach and may have at that point decided to test each individual home and leave it up to the individual to do it. Meleski asked if Staff will come back to the Building Review Board to present their findings? Linda stated yes. Sutton stated that the requirement to have radon mitigation should be an individual decision, not a legislative decision. Dr. Johnson asked if it is any different that other safety issues in a house, ie electrical. Sutton stated yes. He continued that one cannot safeguard themselves in every aspect of their life - there should be some sort of limit on what you are told to do, each household is different - there should be personal responsibility in this issue. Cornell asked if there is any data to support death by radon of non smoking people in their homes rather than just statistics on miners. She stated that nonsmoking miners have died of radon. Dr. Johnson stated that the National Academy of Sciences is reviewing all of the indoor air studies. CONSTRUCTION DEBRIS ORDINANCE Lee explained that in the preceding months packet, was a draft of an ordinance that is a revision to the current debris containment requirements on construction sites. He stated that there is an increase in the number of calls complaining about construction trash. The ordinance is being looked at to revise current language to include what kind of containers are required, and what action can be taken if a person fails to contain their trash. He stated that there have been meetings with neighborhoods and trash haulers and had the item tentatively on the agenda for August but it will not be on the agenda for council in August. Meleski asked what kind of containers will be required? Lee stated that a lot of sites are using a sturdy wire with 6 - 8 inch openings so trash can still get though. Cornell commented on the covering. He asked if one could separate blowable from nonblowable materials? Lee stated that that would be one choice. A cover could be used any time construction ceased for 8 hours. Building Review Board June 27, 1996 Page 7 Meleski asked what will happen whenever there is a transgression? Lee stated that the Building Department is really indirectly related to the issue. Currently the Streets Department enforces construction debris compliance by issuing a citation. He explained that what would happen under the proposed language, is the Building Inspection staff would have authority to write a stop work order. Cotterman questioned what the black fabric perimeters are around a lot of the construction sites? Lee explained that those black fabric containment walls are for erosion control. Cotterman questioned if that fence could be worked into trash control? Sutton stated that something needs to be prescribed but that he has a problem with telling how it needs to be contained as long as the way it is being contained is working. If it isn't working, then it would be okay to do something about it. Sutton questioned what would happen when a large winds blows lumber and roofing materials around? Lee replied that that would not be considered construction debris, but airborne damage. This issue concerns the true debris - scraps that are left lying around - discarded, not ejected from the site. Cornell stated that this problem has been handled by many good contractors and feels that they delegate the responsibility to the subcontractors. He stated that whose responsibility it is has always been an issue. Sutton stated that they are talking about additional cost to enforce the issue, but that it wouldn't take many times for contractors to get "bit" before the word gets around and then the problem would diminish fairly rapidly. He stated that enforcement would come from regular inspections and complaints. Lee reinforced that there is no connection to the Building Department at this point. All that that department can do is call and inform the Streets Department. Meleski stated to do what ever is necessary to take care of the problem. There were no other comments on the issue. OTHER BUSINESS Harry Cornell was recognized and thanked for his eight years of service to the Building Review Board. The meeting was adjourned Mike Sutton, Chairman Felix Lee ector of ulmg & Zoning PROPOSED ORDINANCES Wood Smoke Radon AQAB Proposed Ordinances ■ Change -out all non -certified, high polluting wood stoves and fireplaces at point of sale (PGS) ■ Conduct a radon test in all new constructions at POS with test results provided to buyer Air Oualitv Action Plan "Continually improve Fort Collins Air Quality ■ "Reduce area -wide wood smoke emissions" ■ "Reduce the number of non -certified wood stoves and conventional fireplaces" ■ 'Increase percentage of residences... taking action to reduce exposure to LAP" NEXT STEPS ■ Presentations to Boards, Chamber, Social Groups ■ Article in Coloradcan ■ Public meetings ■ Council Study Session - July 23 ■ First Vote - August 20 WHY? ■ Radon (Rn) point of sale — residents have a right to know risks — may drive voluntary installation of Rn mitigation systans — education and awareness ■ Wood Smoke point of sale — turnover of high -polluting units more quickly WOOD SMOKE POLLUTION ■ Opinions about wood smoke - 93%say about right or don't notice wood it - 4% too much - 4% don't know ■ Those concerned — 14% enviromnental concerns - 8% health/allergies — 5% smells/looks bad I WOOD SMOKE POLLUTION ■ Carbon monoxide - 8-10% - CommerceQndustry & Autos ■ PM10 - 2-3% ■ 50% less CO since 1985 - state and federal regulations - changing attitudes - wood FP to gas conversions - City voluntary programs WOOD STOVES as Freestanding WS and Fireplace Inserts as 5,000 in Fort Collins - majority, older, high -polluting units - used more often & for longer periods - turnover is slow - some wood to natural gas changeovers - non-use increasing COSTS as Wood Stoves -Freestanding - $150 - remove and destroy - $0 - 200 - decommission and turn into heirloom - $300 - $3,000 - remove and remodel - $975 - $3,100 - replace with certified unit FIREPLACES ■ 14,000 Woodbuming FPs in Fort Collins - high -polluting, no emissions controls - changeover to gas incressing - 2,000 - 4,000 gas logs sold annually - new homes installing gas fireplaces - increasing non-use - used infrequently, mostly aesthetic WOODBURNING UNITS M se 40 30 111890 90 at99a 19 H99fi e Man Oat untt Danz uat 0n1 U. COSTS CONT'D ■ Fireplaces & Wood Stove Inserts - $750 - $2,500 - gas logs - $1,400 - $3,000 - gas insert - $1,500 - $3,000 - woodbuming insert 2 IMPLEMENTATION ■ Change out of all high -polluting units — Realtor, buyer, seller — Home inspector — Documentation presented at closing ■ Non -permitted units — City Building Department STAFF ■ Still analyzing data ■ Non -permitted units — Wood smoke pollution on the decline — ZILCH prioritize Wood Stove turnover — Increase use of Complaint Line — Least "big brother" approach — approximately 1/2 stoves non -permitted — will increase turnover CITY SURVEY DATA ]nd Ut 9au Floor floor COMMITTEE POSITION ■ Complete wood smoke survey to provide most current data • Improve existing programs -ZILCH, current codes, Complaint Line, education ■ Identify non -permitted units, require they meet current standards ■ Iarimer/Colorado - Zone 1 radon area ■ Testing - only way to determine level ■ Fort Collins - average 4 and 10 piC/L — Year-round level may be lower ■ Radon causes lung cancer — Accepted by leading health agencies both public and private Options Under Discussion ■ Testing in all new construction ■ Installation of passive radon system ■ Testing in all homes ... new and existing stock 3 L LARIMER COUNTY TESTING ■ Tests in all new subdivisions ■ Test results sent to county Bldg. Dept. ■.Testing tied to certificate of occupancy ■ Some voluntary installation of radon systems occurring ■ Installation of radon systems in three subdivisions IMPLEMENTATION OPTION is Testing - Builder apprises buyer prior to construction u Buyer makes decision about an system up front - Builder arranges for Rn test prior to CO - Test results provided to buyer - Spec home n Buyer gets test results prior to finalizing contract u Buyer can request mitigation COMMITTEE POSITION is Radon is a health risk ■ Favor testing and education is Some support for installation of passive Rn system is Testing may drive voluntary installation of systems ■ Focus on single family homes first COSTS ■ Testing - $I00-S200 Single Family - $100 X number of units Multi Family - Sl00-$500 Non -Residential ■ Passive Radon System - S400-S800 W/Basement - $40041,000 Basement/Crawl - $300-S400 To activate (fen) IMPLEMENTATION CONT'D ■ Installation of Rn system - Full passive system capable of activation - Test conducted by buyer after taking possession of property or, test provided by builder prior to CO - Test results provided to City within 60 days following occupancy - Penalty for not complying POSITION CONTINUED... is Need better quality control among testers, labs and mitigators - Currently no registered or certified Rn providers is Existing housing stock - Do not adopt mandatory program - Continue to work with real estate community - Focus on education and voluntary testing Ell STAFF as Support testing — Develop valid testing & reporting procedure — Minimal impact on building department — Raise awareness. — Maintains personal choice. ■ Support installation of full Passive System — USEPA guidelines adopted into Code - 1999 — Allow time for builders to become competent Building Review Board April 26, 1996 Page 4 Cotterman told him to come back with a solid application and proof he had taken the C-2 test. Kulenski withdrew his application. Other Business Meleski discussed the Model Energy Code. He said it was Alot good. He told the Board about a house tested and the values Doug Schwartz gave the Board t�fi�F-1-9$i�kiandboolr and sairl.iha c1n a 1�QQ�R N,�me t thv P , lA t,r an additional eSnn d adjaGent Lee had stated in earlier. pmsen"efts the FspaF hanier would quixed to d 't i at d. Lee responded that the specific details were not yet resolved and would be clarified before implementation. Six Month Calendar Lee addressed the Six Month Calendar for City Council and said the calendars will be included in their packets on a regular basis. Minutes Cotterman asked that the minutes be more detailed. Others agreed. The meeting was adjourned. Fo R— r w�E12Co � SAJI JCS WtIEJ -b ASangE �r c,�Al-(-I A23= './aAbb�7-,o.J�_I✓c � MR. �EC£SKl v)A..tT�� 1T' as -r4l- I.�Go2D 1 t A`r KAR LEH 1-�AD STA"�E-b To BARiZ1ER T6 $�- \\ N To7-Ac_.t.l� 5>=A�E� I+J o�D+c-� To ME�=i- A cat= t cR-Nl \I APo� ,�JARRIER- �AT�'J�• EL�SKI `�TAT'eb TtkAT Tt{E Jz>a a� 45n)L-`1 ICE QJtR�S -r IAT 1 F- So rJ TS �� �..A�P>=b 1eJ o�-•DE12- To �E�s.T 74tS--FA-r,��. I SCot,.,ce caF -Sv,.,-r••5 LS }"7\EQvt12-gip tT' W,c..C.- AAr> A-.) ADv�T,a.JAc, Soo (nn , a . + nn� To Tr� E G=ST of A lll. 111 Building Review Board April 26, 1996 Page 3 Board member Froseth moved to approve Means for a Class D license and certificate if he supplied the Board and/or Lee a copy of his transcripts or diploma with proof of his construction management classes. Board member Cornell seconded the vote. Discussion: Meleski said he felt Means was capable, but he needed more completed projects. Sutton said letters from contractors may have helped his case. Sutton added Means professionalism showed promise. Call for the Vote Yeas: Froseth, Cornell The motion failed. Al Kulenski, Class C-2 r'(DnbJ . Nays: Meleski, Brown, Umseh; Cotterman Lee reviewed his file. Kulenski has been licensed with the City of Fort Collins, Class D, since 1983. The information the Board received was the original information from 1983 along with a current resume. Lee said with the project verifications he had, do not meet the criteria for a Class C-2 license. Kulenski appeared before the Board. He said he came to the Board to explain why he needed a C-2 license. He reviewed his background. He said he worked for Everett Companies for eight years and Storck Development seven years. He said Mr. Storck is getting out of the business and34uleaeki 4 He said he has closed over 300 homes, and currently is doing 160 patio homes at the Village at Southridge. Kulenski said the company is getting ready to do 4-plexes and 6-piexes and that was the reason he needed a C-2 license. Meleski stated Kulenski had no multi -family references. Kulenski said he would like to get additional references and appear before the Board at a later date. He added 36 patio homes he closed in 1994 had 0 lot lines and were similar to multi -family units. He told the Board he would take the test and get additional references. NAD �oLD 1j t5 OPERA'r'low� MAP -le- TZoA14 _� OA ES /✓jR . • WIL(� ti15K.1 3F_ TILE GEJE!?_AL_ 'F'tEC.D 1 to 11 SIX MONTH PLANNING CALENDAR June - December 1996 MEETING MEETING AGENDA ITEMS DATE TYPE June 25 Study Budget Electric Utility Governance June 27 Thurs. Joint City/County Meeting (City Hosts - CIC) 5:30 p.m. July 2 Regular New Bridges Additional Funding Add Cap Expan Fees - Affordable Housing Rebate Program City Plan - Structure Plan - Master Street Plan Adoption - Street Width Standards July 9 Adjourned Interim Evaluations City Mgr, City Atty, Municipal Judge July 16 Regular Neighborhood Parkland Fees Fort Fund Disbursements Street Oversizing Fees CDC Appropriation Ord & Contract for Services Civic Center Master Plan July 18 Thursday Regional Cities Elected Officials 6:00 p.m. (Location TBA) July 23 Study CIP Update Wood Smoke and Radon City Plan - Principles and Policies July 30 Fifth Tuesday NO MEETING SCHEDULED August 6 Regular August 13 Study City Plan - Implementation August 20 Regular Wood Smoke and Radon City Plan - Principles and Policies August 27 Study CIP Update Natural Area Plan Implementation September 3 Regular Redistricting for 1997 Election Adoption of Mail Ballot Plan Set Budget Hearings September 10 Study Budget September 17 Regular Parks and Rec Policy Plan Public Hearing on 1997 Budget September 24 Study Budget CIP Update City Plan - Comprehensive Plan September 26 Thursday Joint City/County Meeting (5:30 p.m., County Hosts) October 1 Regular Public Hearing on 1997 Budget and Environmental Services 0le�cmd~ Natural Resources Department DATE: June 18,1996 TO: Building Review Board FROM: Linda Devocelle, Environmental Education Specialist, NRoa,__ SUBJECT: Wood Smoke and Radon Ordinances - Summary BRIEF DESCRIMON OF ISSUE: The Air Quality Advisory Board has proposed two new air quality ordinances, one requires change -out or upgrade of high polluting wood stoves and fireplaces at point of sale, the other requires radon testing in all new constructions at point of sale. This update provides a status report on development of the ordinances. Ultimately, we will bring the ordinances to City Council for a vote. We have scheduled a Council Study Session for July 23 and a first vote on August 20. We would appreciate your thoughts and comments regarding these issues, and if you see fit, a recommendation to City Council. Staff has not formulated a position on either ordinance yet, but will do so prior to the July 23 Study Session. We are just beginning our public outreach efforts. DETAILED DESCRIPTION OF ISSUE: Two committee have met regularly since February to assist with development of the ordinances. In researching and developing the ordinances, several important issues have arisen. A summary follows. For complete details, refer attachments. Wood Smoke Ordinance AQAB Proposal... Adopt an ordinance requiring that fireplaces and wood stoves be upgraded to low polluting units at point of sale. Issues: Although the AQAB is recommending change -out of both wood stoves and fireplaces at point of sale, the preliminary findings of the committees do not totally support this proposal. Data from 1990, 1994 and 1996 woodburning surveys show a consistent downward trend in wood smoke pollution. In 1994, 90% of residents surveyed said that wood smoke in their neighborhoods was about right or they didn't notice it. Results from the current 1996 survey show that 93% of residents are not bothered by wood smoke. We also know that overall wood smoke pollution has decreased by 50% since 1985 due to fireplace conversions to gas, non-use of woodburning units, state and local laws, changing attitudes about woodburning, and an aggressive local program including education, ZILCH (the 281 N. College Ave. • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6600 • FAX (970) 221-6378 City's zero interest loan program for wood -to -gas fireplace conversions and upgrading or dismantling of non -certified wood stoves), and a wood smoke complaint line. We dd know from current and past surveys that non-use of wood stoves and fireplaces is on the increase, and that a small number of homeowners are choosing gas -heating stoves to replace old wood stoves In looking at data from our wood smoke complaint record, wood smoke pollution is primarily a localized (neighborhood) problem, and over 95% of the complaints relate to wood stoves. There are an estimated 2,000 to 4,000 gas logs sold in Fort Collins each year, and most new homes are installing gas fireplaces. Wood stove turnover, on the other hand, is slow. Finally, the woodburning ordinance may hit homeowners hardest at the low end of the income scale because low income homeowners may own the majority of high -polluting wood stoves and/or conventional fireplaces. Summary of Current Committee Position In general, the committee agrees that in order to develop a wood smoke ordinance, it is necessary to have good data regarding wood smoke emissions. We have just completed a wood smoke survey and will have the results available for your meeting. It is important to know numbers and types of high -polluting units and how quickly, or slowly, they are being changed to low - polluting units. It is also important to take a look at existing programs--ZILCK the wood smoke complaint line, education, and state and local laws, to determine if they can be enhanced to achieve better results that might in turn make an ordinance less urgent. In lieu of focusing on all wood stoves and/or fireplaces at point of sale, the City might instead focus on non -permitted wood stoves and conventional fireplaces. Currently, when the City finds a non -permitted woodburning unit, it is inspected for proper installation and to determine if it is certified and/or meets current state and local laws. If the unit meets state and local laws, but is not properly installed, the owner must fix the installation problem before a permit can be issued. If the unit is properly installed, but does not meet state and local laws regarding woodburning appliances, the City asks the owner not to use the unit. The City could strengthen this part of code by tgquirine that non -permitted units be dismantled or upgraded to meet state and local standards at point of sale. Radon Ordinance Ordinance proposed by AQAB ... Adopt an ordinance to require testing of all new constructions at point of sale, with test results provided to the buyer. Issues The only way to determine your radon level is to test. Once you have tested, you can fix the problem. Testing alone will not improve air quality nor guarantee that homeowners will fix a radon problem where it exists. Although the County currently requires testing of homes in all new subdivisions prior to certificate of occupancy, test results are often invalid because they are not done under proper, closed -house conditions, and not all testers are properly qualified (trained) to test. • USEPA has identified Larimer County a Zone 1 radon area, which means levels tend to be above the USEPA action level of 4 picocuries per liter of air (pCi/L). The City has been working with the real estate community for the past year to increase testing at point of sale and has worked directly with private citizens to increase testing in existing homes. Data from private radon testers and a City of Fort Collins radon survey indicate that basement levels in Fort Collins residences, conducted under closed -house conditions, average between 4 and 10 pCi/L. The average, year-round concentration to which most people are exposed under normal living conditions is lower. Most major health organizations, the USEPA, the Colorado Department of Public Health and Environment, and the Larimer County Health Department agree radon causes thousands of preventable lung cancer deaths each year and that radon is the second leading cause of lung cancer next to smoking. Larimer County currently requires testing in all new subdivisions in the County and installation of radon mitigation systems in three subdivisions along the foothills due to reports by the State Geologist predicting high radon levels in those areas. No other Front Range communities have requirements or ordinances regarding radon. Current Committee Position In general, the committee agrees that radon is a health risk, and most favor the Board's recommendation, but believes the best line of attack is education. There is some support for mandatory installation of passive radon mitigation systems, which directly affects air quality in new homes and eliminates the difficulty of obtaining an accurate test prior to issuance of certificate of occupancy. Some committee members believe that testing in new homes MdU cause the building community to voluntarily install radon mitigation systems. This seems to be happening to some small degree in the County. The committee also believes we should focus on single family residences to begin with and eventually look at multi -family (apartments, condos, duplexes, etc.)and non-residential new construction later. In dealing with existing housing stock, the committee generally feels education is the best approach. There is limited support for requirine that radon information be provided to homeowners at point of sale, however, it is expected that at some point the Colorado Real Estate Commission will add a paragraph to the buyer's contract calling out radon and recommending testing. It is unclear when this might happen. The action has the potential to raise the radon issue to a new level of importance and might, over time, adequately address existing stock. The committee would like to see better quality control among testers, labs, and mitigators. There is currently no licensing or certification for those businesses providing radon services. SUMMARY Overview of issues -vPhase One of the process is ongoing and includes formation of a committee to discuss and examine various options and issues surrounding the ordinances. 4Phase Two, underway, entails extensive public outreach to city boards and commissions, the realty, home inspection and building communities, interested businesses and organizations, and the general public. All comments and suggestions from Phase Two will be taken into consideration before making a recommendation to Council. -OPhase Three is a presentation at a Council Study Session (scheduled for July 23). -0Phase Four will be a Council vote (scheduled for August 20). Committee Members Margaret Phillips --Member, NE Neighborhood Association, Mike Gebo--City Building Department, Bill Eckert--AQAB/Friendly Fire, and Linda Devocelle--Staff. NOTE: We invited members of the real estate community and private citizens to participate on the committee. We received response from only two private citizens and no responses from the real estate community. We believe public outreach outlined in Phase Two will address this missing link on our committee. Ongoing Outreach Throughout Phase One of the project, we sent minutes of meetings to the presidents of 31 neighborhood associations, and to all major fireplace and wood stove retailers. We also provided information about development of the ordinances to some 900 members of the real estate community including realtors, title and mortgage companies, home inspectors, and radon testers. An article regarding the ordinance appeared in the winter edition of Environmental News, which is mailed to 3,000 + groups and individuals. Findings In discussing the ordinances, the committees addressed a number of issues. These were developed into "findings" —known and unknown facts relating directly to the issue of woodburning pollution in Fort Collins. Following is a summary of those findings. Wood Smoke Data: From 1990 and 1994 surveys, we estimate there are approximately 20,000 woodburning devices in Fort Collins--15,000 fireplaces and 5,000 wood stoves. Woodbuming contributes 8% to 10% of our winter carbon monoxide pollution (Denver data), and according to a 1994 LaPorte air quality study, woodburning is responsible for 2.4% of our PM10. Wood smoke pollution also contributes to visibility degradation, which is caused mostly by PM 2.5. Wood stoves produce approximately 50% more pollution per stick of wood than do fireplaces mainly because of design, i.e., closed doors, which produce an oxygen -starved environment and thus, a less -effective combustion process. We also know that wood smoke pollution has decreased by 50% since 1985 due to fireplace conversions to gas, non-use of woodburning units, state and local laws, changing attitudes about woodburning, and an aggressive local program including education, ZILCH (the City's zero 4 • interest loan program for wood -to -gas fireplace conversions and upgrading or dismantling of non - certified wood stoves), and a wood smoke complaint line.. Fireplace and Wood Stoves: Most fireplaces in Fort Collins are conventional masonry and zero clearance units, which carry no certification, and fireplace inserts. Since 1991, fireplace inserts have had to meet the strictest wood stove (USEPA Phase II) standards, unless they have been declared exempt. Most wood stoves are woodburning units, although there is a recent upswing in interest in gas -heating stoves. Currently, only those woodburning units that meet state and local standards can be sold and used in the AIR Program Area, which includes Fort Collins. We do not have good local data on the actual breakdown of different types of woodburning units, i.e., conventional fireplace versus inserts, certified versus non -certified wood stoves. Therefore, we depend on Denver data for current wood smoke emissions projections. We conducted a woodburning survey the week of May 28 - June 5; preliminary results will be available by the last week in June. The survey will allow us to identify numbers and types of units, certified and non - certified units, fuel use, frequency of use, turnover of high -polluting units, and use and non-use of units. We will also have data on attitudes/experiences regarding wood smoke in individual neighborhoods. In 1994, 90% of residents surveyed said the wood smoke in their neighborhoods was about right or they didn't notice it. In 1996, 93% were not bothered by wood smoke. Fireplace and Wood Stove turnover and trends: There are an estimated 2,000 to 4,000 gas logs sold in Fort Collins each year, and most new homes are installing gas fireplaces. Wood stove turnover, on the other hand, is slow, and we do not have good data on actual sales. The May survey will provide better numbers on wood stove turnover. We do know from previous surveys that non-use of wood stoves and fireplaces is on the increase, and that some homeowners are choosing gas -heating stoves to replace old wood stoves. NOTE: While non-use positively affects air quality in the short-term, it is not a permanent solution to wood smoke pollution. A future owner may choose to use the appliance. Options The Committee looked at seven ordinance options including that proposed by the Board. Please refer to the attached charts. Implementation of a point of sale (POS) ordinance The committee continues to discuss implementation strategies. It is anticipated that responsibility for seeing that the ordinance is carried out will be with the realtor, seller and buyer. RADON ORDINANCE Committee Members Mike Gebo--City Building Department, Phil Keamey--CSU Physics professor/radon tester/lab, Bill Alexander --Colorado Radon Engineering, Bob Huff --Colorado Radon Control, Jan Johnson -- Health Physicist, Al Kadera and Brice Ntiller--Larimer County Building Department, Barb Blankenship --Wheeler Realty, Dick Sherman --American Connection (realtor), Jim Evenson— private realtor, Linda Martin--CDPHE Radiation Control Division, Gil Paben—Aspen Construction (represents the Home Builders Association), Bill Warren, National Inspection Services, Eric Levine—AQAB, and Linda Devocelle—staff. , Ongoing Outreach Some 900 members of the real estate community have been given information about the ordinance (as mentioned above). In addition, minutes of meetings are sent to some 20 additional groups and individuals and an article appeared in the winter edition ofEnWronmental News. Findings The following findings are the result in-depth discussion regarding radon levels and risks and qualified testers, labs, and mitigators. Radon levels and risks: USEPA has identified Larimer County a Zone 1 radon area, which means levels tend to be above the USEPA action level of 4 picocuries per liter of air (pCUL). Within the scientific community, it is agreed that any level of radon has some health risk. Lung cancer risk from radon is based on cumulative, lifetime exposure level. USEPA recommends action at or above 4 pCi/L; some scientific bodies recommend action at levels somewhat above 4 pCi/L. Current radon mitigation techniques can reduce radon levels below 2 pCi/L. Within Fort Collins, data from private radon testers and a City of Fort Collins radon survey indicate that basement levels, conducted under closed -house conditions, average between 4 and 10 pCi/L. The average, year-round concentration to which most people are exposed under normal living conditions is lower. The proof that radon causes lung cancer is taken from evidence of an increased risk of lung cancer in miners exposed to at least 20 pCi/L over a period of years. The Colorado Department of Public Health and Environment estimates that 50,000 homes in Colorado exceed the 20 pCi/L level and that approximately 666,000 have levels between 4 and 20 pCi/L. The only way to know your level is to test. Major health organizations agree with the premise that radon causes thousands of preventable lung cancer deaths each year. USEPA estimates the number to be between 7,000 and 30,000, with an average of 14,000. USEPA says that at 4 pCi/L, non-smokers have a 2 in 1,000 chance of contracting lung cancer; smokers have a 29 in 1,000 chance. Action at superfund sites is taken when risk is one in 1 million. USEPA and several major health organizations agree that radon is the second leading cause of lung cancer next to smoking. Larimer County accepts USEPA guidelines, considers radon a legitimate health risk, and currently requires radon testing in all new subdivisions. They also require installation of radon mitigation systems in three subdivisions along the foothills due to reports by the State Geologist predicting high radon levels in those areas. No other Front Range communities have requirements or ordinances regarding radon. (NOTE: The City is completing an Indoor Radon Potential Mapping Study of the Urban Growth Area. This study will help identify areas in Fort Collins with potential for high radon readings based on geologic setting and soil permeability.) The Colorado Department of Public Health and Environment Radiation Control Division supports testing and mitigation and accepts the USEPA guidelines. Labs, testers, and mitigators: There are no licensed or certified radon professionals in Colorado, or most other states. USEPA provides training and testing for labs, testers, and mitigation contractors. Once they have passed the test and paid an annual fee, they are fisted with USEPA. The state and City recommend USEPA listed professionals. The committee believes there are very few untrained labs and mitigators in Fort Collins, however, this may not be true regarding testers. This is because many home inspectors now offer radon testing as a part of their service. It is unclear as to the level of expertise among these individuals. It is generally agreed that most mitigation contractors follow protocols and install good radon mitigation systems, however, we have no hard facts to support this belief. The local chapter of the American Association of Radon Scientists and Technicians (AARST) is looking at the possibility of setting up a program to "accredit" those who provide radon services. AARST is currently working with the CDPB E Radiation Control Division. If the City were to require installation of passive radon mitigation systems, they would establish criteria for testers, labs, and mitigators. They would also adopt the USEPA model radon mitigation code into City Code. Options: Please refer to the attached charts. Implementation The committee is in the process of discussing implementation. If we require testing, the committee recommends it be done as in the County at the time the certificate of occupancy is issued. If we require installation of radon mitigation systems, the City would adopt the USEPA model radon mitigation code into the City Building Code. This would not occur until the next regular review of the Code. 7 Options for Wood Smoke Ordinance(s) n-04. I. A'IR ........... ........ .... .. . WN, MOST ........ .. ... IN. . . . . . . . ... 11-10 ..... ......... M Positive, but need 1. Point of sale - Remove &Destroy 4150 Sellers, buyers, and members of wood stoves real estate community better data on #s of Decommission, and turn unit wood stoves and into flower pot, etc. estimate of turnover $04200 (Unit could still be (Estimated 5,000 wood stoves in ffiru real estate sales put into service by future Fort Collins. UK how many are to determine owners) dirty -burning units) magnitude of impact Remove w/complete remodel $30043,000 Replace w/certified wood stove $875-$3130 2. Point of sale - Gas logs Same as #1 Same as #1 fireplaces $750 - $2,500 (Gas logs could later be (estimated 15,000 fireplaces in removed and the fireplace Fort Collins. UK how many are turned back to woodburning) Gas insert dirty -burning units) $1,400 - $3,000 WS insert $1,500 - $3,000 3. Do Nothing $0 AQ Advisory Board, some Council Current downward members, residents bothered by trend in wood smoke wood smoke or who support pollution may or may woodburning bans, and retailers not continue with existing programs & ordinances. Result 4. Restructure $10.000 - $30,000 Fireplace owners Positive, but limited ZILCH due to funds Target wood stoves. Ask for Additional Funds. 5. Sales tax incentive Unknown City - loss of revenue Positive, directly related to number of units permitted 11 0 M -4: 6. Amnesty Program Unknown City, fireplace owners Positive, directly - pay for dismantling Related to amount of money related to number of of wood stoves and allotted for each unit and units collected delivering to number of units recycling center 7. Permit Fees Unknown City, residents who do not own Low impact, since woodburning appliances permit fees are already low - $15 8. Clarify/upgrade Unknown Retailers, by placing more Positive, but woodburning ords restriction on what they can probably small, since install/sell spirit of ordinance is usually followed 9. Increase use of May take more staff time Building department, may require Positive in dealing Complaint Line more inspections with localized pollution in neighborhoods, but related to numbers of calls and type of response, i.e., change in woodburning habits vs upgrade or dismantling of unit 10. Provide proof of Same as #1 & #2 Owners of woodburning Need data stated in permit for appliances that are not permitted, #I to determine AQ woodburning units at This option will impact fewer real estate community, sellers. impact of this option POS. people than # I and #2, but Require upgrade or has the potential to reach a City Building dismantling of non- large number of wood stoves. Inspection estimates permitted units that that 50% of the do not meet at least wood stoves in Fort the minimum Collins are non - certification permitted. It is possible there are also non -permitted fireplaces Options for Radon Ordinance(s) '.,,.,-MM.XIZM.V'IMffiC Y..11..M V 1. Test in all new Single/F 1. Bldg. Dept - More work -No direct benefit constructions and $1004200 tracking -Education tool provide information to 2. Builders - Added cost to -Could lead to voluntary buyer at POS Multi:Fem buyer. Timing, could extend installation by builders $100 X Num Units closing on house. and/or more requests from I Buyer - Added cost, possible buyers for installation of Rn Non -Residential Bldg& delay of project, ready systems during $1004500 construction. Depends on size and configuration of interior of building. '2. Roughed -in system -Slightly less than #3 1. Bldg. Dept Slight amount of No direct air quality benefit in all new -This system would not time added when inspecting unless system was constructions & include a fan. plumbing. completed to become either testing. -Testing - Same as #1. 2. Builders - Added cost to passive or active (with fan) (Stub pipe a few feet buyer. Possible delays due to above floor with ability testing. to extend out side wall 3. Buyer - Additional cosL or up thru interior of Possible delay due to testing. house thru roof) 3. Full passive system Basement Onlv 1. Bldg. Dept Positive affect w/ability to activate $400-$800 2. Builders (fan) & testing. Base & Crawl Space 3. Buyers $400 - $1,000 (Residences/per unit) To activate (fW in For reasons listed in #2 either or both above $300-$400 U. Test& inform. rat 1. Realtors -Additional staff Same as #1 $1004200 time, possible lost sales or Possible mitigation stalled sales Passive, $800 - $1,800 2. Sellers - added cost of test With fan, $1, 100 and possible mitigation. $2,200 Literature - 1,5004r 5. Test & Fix Same as #4 Same as #4 Positive affect 10 0 0 M U 7: ............ n 10N.'XIN M�� No =1 WOMEN 'The committee felt this option would be marginally effective. Several such systems now installed in Fort Collins are not properly placed and it is often impossible to determine if the right materials have been used. As a result, a mitigation contractor is called in to complete the system, he often has to start all over. Not only is it important to place the pipe properly to successfully draw the radon from under the home and vent it properly to the outside, but, there are aesthetic (visual) issues to consider also. 'Italics refer to existing homes, numbers 4 and 5. 'Redlined refers to existing homes, number 6. 11