HomeMy WebLinkAboutORD1145ORDINANCE NO.1145
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,PINAL COUNTY,ARIZONA,AMENDING THE APACHE JUNCTION CITY
CODE,CHAPTER 7,BUILDING,ARTICLE 7-1,BUILDING CODES AND
CONSTRUCTION STANDARDS,BY ADDING A NEW SECTION 7-1-15 FIREPLACE
RESTRICTIONS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY;AND DECLARING AN EMERGENCY.
WHEREAS,in 1998,the State of Arizona Legislature passed amendments to
Arizona Revised Statutes Annotated (hereinafter "A.R.S.")§49-541 et.seq,which
expanded the carbon monoxide non -attainment area of Area A,to encompass the City
of Apache Junction;and
WHEREAS,the same year,A.R.S.§9-500.16 was added under the State of
Arizona Air Quality measures and programs,which requires all cities and towns
added to Area A to adopt,implement and enforce beginning no later than January
1,2001,an ordinance that complies with the clean burning fireplace standards
adopted by the Maricopa and Pinal County Air Quality Control Districts;and
WHEREAS,staff presented the fireplace standards to City Council at the
November 6,2000 and December 4,2000 work sessions.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,as follows:
SECTION I IN GENERAL
Apache Junction City Code,Chapter 7,Building,Article 7-1,Building Codes and
Construction Standards,be amended by adding a new Section 7-1-15,Fireplace
Restrictions which shall read as follows:
Section 7-1-15 Fireplace Restrictions
A.Purpose
The purpose of this Article is to regulate the construction and
installation of fireplaces,woodstoves,or other solid -fuel burning
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devices to reduce the amount of air pollution caused by particulate matter
and carbon monoxide.
B.Definitions
For the purposes of this Section,the following definitions apply:
a)"Fireplace"means a built in -place masonry hearth and fire
chamber or a factory built appliance,designed to burn solid
fuel or to accommodate gas or electric log insert or similar
device,and which is intended for occasional recreational or
aesthetic use,but not for cooking,heating,or industrial
processes.
b)"Solid Fuel"includes,but is not limited to wood,coal,or
other non-gaseous or non -liquid fuels,and those fuels
defined by Maricopa and Pinal County Air Pollution Control
Districts as "inappropriate fuel"to burn in residential
woodburning devices.
c)"Woodstove"means a solid -fuel burning heating appliance,
including a pellet stove,which is either freestanding or
designed to be inserted into a fireplace.
C.Installation Restrictions
Beginning January 1,2001,no person,firm or corporation shall construct
or install a fireplace or a woodstove,and the Building Official shall not
approve or issue a permit to construct or install a fireplace or a
woodstove,unless the fireplace or woodstove complies with one of the
following:
a)a fireplace which has a permanently installed non -removable
gas or electric log insert;or
b)a fireplace,woodstove or other solid -fuel burning appliance
which has been certified by the United States Environmental
Protection Agency as conforming to 40 Code of Federal
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Regulations Part 60,Subpart AAA as in effect on July 1,1990;
or
c)a fireplace,woodstove or other solid -fuel burning appliance
which has been tested,approved,and listed by a nationally
recognized testing agency to meet performance standards
equivalent to those adopted by 40 Code of Federal Regulations
Part 60,Subpart AAA as in effect on July 1,1990;or
d)A fireplace,woodstove or other solid -fuel burning appliance
which has been determined by Maricopa and Pinal County Air
Pollution Control Districts to meet performance standards
equivalent to those adopted by 40 Code of Federal Regulations
Part 60,Subpart AAA as in effect on July 1,1990;or
e)A fireplace which has a permanently installed woodstove insert
which complies with the provisions of this Section.
D.Exemptions
The following installations are not intended to be regulated and are not
prohibited:
a)furnaces,boilers,incinerators,kilns,and other similar
space heating or industrial process equipment;or
b)cookstoves,barbecue grills,and similar appliances designed
primarily for cooking;or
c)firepits,barbecue grills,and other outdoor fireplaces.
E.Prohibitions on Fireplace and Woodstove Alterations
a)Beginning January 1,2001,no person,firm or corporation
shall alter or remove a gas or electric log insert or a
woodstove insert from a fireplace for purposes of converting
the fireplace to directly burn wood or other solid fuel.
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b)Beginning January 1,2001,no person,firm or corporation
shall alter a fireplace,woodstove or other solid -fuel burning
appliance in any manner that would void its certification or
operational compliance with the provisions of this Section.
F.Permits Required
In addition to the provisions and restrictions set forth in this Section,
construction,installation or alteration of all fireplaces,woodstoves and
other gas,electric or solid -fuel burning appliances and equipment shall
be done in compliance with the provisions of the most recently adopted and
amended version of the Uniform Building Code or its equivalent,and shall
be subject to the permits and inspections required thereunder.
SECTION I I REPEALING CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance or any part of the code adopted herein by reference are hereby
repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section,subsection,sentence,phrase,clause or portion of this ordinance
or any part of the Code adopted herein by reference is for any reason held to be
invalid or unconstitutional by the decision of any court of competent
jurisdiction,such decision shall not affect the validity of the remaining
portion thereof.
SECTION IV DECLARING AN EMERGENCY
The immediate operation of the provision of this ordinance is necessary for the
immediate preservation of the public peace,health or safety,and that an
emergency is hereby declared to exist,such emergency being,that the State of
Arizona has mandated through legislative that this ordinance be adopted,
implemented and enforced beginning no later than January 1,2001.This ordinance
shall be in full force and effect from and after its passage,adoption and
approval by the Mayor and Council of the City of Apache Junction,and shall not
be subject to the referendum provisions under A.R.S.§19-142(B).
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PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 5TH DAY OF DECFMRFR ,2000.
SIGNED AND ATTESTED TO THIS 5TH DAY OF DECEMBER ,2000.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
---a=ef r -11.27.00
RICHARD J.STERN
City Attorney
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DOUGLAS VOLEMAN
Mayor