HomeMy WebLinkAboutORD1292ORDINANCE NO. 1292
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, PINAL AND MARICOPA
COUNTIES, ARIZONA, AMENDING THE APACHE JUNCTION
CITY CODE, CHAPTER 7,BUILDING,ARTICLE 7-1,
BUILDING AND TECHNICAL CODES,BY ADDING A NEW
SECTION 7-5 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,the state mandated fireplace restrictions were
originally adopted by Ordinance No.1145 on December 5,2000;
and
WHEREAS,in updating the City's regulatory building,
plumbing and other technical codes by adoption and passage of
Ordinance 1273 on September 5,2006,the fireplace regulations
were inadvertently repealed.
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 and Technical_ Codes,be amended by adding a new Section
7-5 Fireplace Restrictions which shall read as follows:
ORDINANCE NO. 1292
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Section 7-5 Fireplace Restrictions
A.Purpose
'The purpose of this Articl'e IS -to regulate the construction
and installation of fireplaces, yoodstoves, or other solid-
fuel burning devices to reduce the amount of air pollution
caused by particulate matter and carbon monoxide.
B.Definitions
For the purpose 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,replace,or install a fireplace or
woodstove,and the Building Official shall not approve or
issue a permit to construct,replace,or install a
fireplace or a woodstove, unless the fireplace or woodstove
complies with one of the following:
ORDINANCE NO. 1292
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a)a fiteplade which has a permanently installed
non -removable g6s or electric log insert: or
b)a fireplace,.wOodstove or other solid -fuel
burning applianc which has been certified by the
United State's Environmental Protection Agency as
conforming to 40:Code of Federal 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,or 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
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.
ORDINANCE NO..1292
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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.
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 II REPEALING ANY CONFLICTING pRovasIoNs
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes 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 codes 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 portions thereof.
ORDINANCE NO. 1292
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SECTION IV DECLARING AN EMERGENCY
The immediate operation •of the provision of this ordinance is-necessary for, the 'immediate ptq,?:Servation 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 legislation 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).
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 20TH DAY OF MARCH , 2007.
SIGNED AND ATTESTED TO THIS 16TH DAY OF APRIL , 2007.
DOUGLAS fOLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1292
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