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HomeMy WebLinkAbout032 - 03/04/1997 - AMENDING THE CITY CODE REGARDING SOLID FUEL BURNING APPLIANCES ORDINANCE NO. 32, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 5-110 OF THE CODE OF THE CITY REGARDING SOLID FUEL BURNING APPLIANCES WHEREAS,Section 5-110 of the Code of the City regulates the installation and modification of solid fuel burning appliances; and WHEREAS, the Council has further determined that Section 5-110 should be amended to more clearly specify the emissions standards under which solid fuel burning appliances shall be regulated; and WHEREAS, the Council has further determined that certain portable solid fuel burning appliances such as barbeque grills,and certain food flavoring processes should be exempt from the regulations. NOW THEREFORE,be it ordained by the Council of the City of Fort Collins that Section 5-110. Solid fuel-burning appliances should be amended to read as follows: Sec. 5-110. Solid fuel-burning appliances. (a) No person shall install or modify a solid fuel-burning appliance without first having obtained a building permit in accordance with this Chapter. (b) Except as is otherwise provided in Subsections(d),(e) and(f)of this Section, no person shall install or modify a solid fuel-burning appliance (including, without limitation, any wood stove or any solid fuel cooking stove) unless, both prior and subsequent to installation or modification, it meets the most stringent emission standards set forth in subparagraphs(1)or(2)of Federal Regulation 40 CFR Part 60, Subpart AAA, Subsection 60.532(b) as of the time of installation of the solid fuel-burning appliance. All such appliances shall be tested and certified to be in conformance with the preceding emission standards in accordance with the testing and certification methods and procedures in Federal Regulation 40 CFR Part 60, Subpart AAA. (c) For the purposes of this section the following definitions shall apply: (1) A "wood stove" shall be defined as any solid fuel-burning appliance designed for the purpose of burning wood for space heating or aesthetic purpose in either domestic or commercial buildings. (2) A "solid-fuel cooking stove" shall be defined as any solid fuel-burning appliance designed to burn wood or any other solid fuel for the purpose of cooking, flavoring, curing or preparing food for domestic or commercial purposes. (d) No person shall install or modify any solid fuel-burning appliance for the purpose of burning coal. (e) No person shall install or modify a pellet stove unless both prior and subsequent to installation or modification it meets all requirements for pellet stoves as set forth in Regulation No. 4, Section III, as established by the Colorado Air Quality Control Commission as of the time of installation of the pellet stove. (f) No person shall install or modify any fireplace unless it is one of the following: (1) A gas-burning appliance; (2) An electric appliance; or (3) A fireplace insert that, both prior and subsequent to installation or modification, meets the most stringent emission standards as set forth in subparagraphs (1)or(2) of Federal Regulation 40 CFR Part 60, Subpart AAA, Subsection 60.532(b) as of the time of installation of the fireplace. (g) Exemptions. The following solid fuel burning appliances and processes are exempt from the provision of this Section: (1) Portable household solid fuel-burning appliances such as camping stoves, barbecue grills, and smokers. (2) Commercial cooking processes which utilize small quantities of wood for food flavoring provided that the following conditions are met: a. The primary fuel source for any fuel-burning (non-electric) commercial cooking and food preparation appliance must be either natural gas or liquefied petroleum gas, unless the appliance complies with the emissions standards set forth in Subsection(b) of this Section. b. Only the minimum amount of wood sufficient to flavor the food may be used in this cooking process, and the wood must be cured and dry. C. Operation of the appliance must comply with Section 20-1(c) of the Code,which prohibits the emission of smoke exceeding 40% opacity. . Y Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 1997, and to be presented for final passage on r day of M 1997. 5 ayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of A.D. 1997. L ayor ATTEST: City Clerk