HomeMy WebLinkAboutOrd 1998-34 ORDINANCE 98-34
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE,
BY CREATING A NEW ARTICLE, 7-3, POLLUTION REDUCTION,
CONTAINING ONE NEW SECTION,7-3-1,FIREPLACE RESTRICTIONS,
RELATING TO RESTRICTIONS ON TYPES OF FIREPLACES THAT MAY
BE INSTALLED WITHIN THE TOWN.
WHEREAS, air pollution caused by particulate matter and carbon monoxide is a concern
throughout Maricopa County; and
WHEREAS, air pollution is a regional problem that requires all cities and towns throughout
Maricopa County to work towards a solution; and
WHEREAS, on October 1, 1998, the Fountain Hills Town Council approved the
implementation of pollution reduction measures including restrictions on types of fireplaces
permitted within the town; and
WHEREAS, the Maricopa Association of Governments has developed a model ordinance
for use by cities and towns throughout Maricopa County in order to provide uniform guidelines
relating to the regulation of emissions and standards for fireplaces, woodstoves, and other solid-fuel
burning devices to reduce the amount of air pollution caused by particulate matter and carbon
monoxide.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Fountain Hills Town Code Chapter 7, Buildings and Building Regulations,
is hereby amended by creating a new Article 7-3, Pollution Reduction, to read as follows:
ARTICLE 7-3 POLLUTION REDUCTION
7-3-1 Fireplace Restrictions
Section 7-3-1 Fireplace Restrictions
A. For the purposes of this Section, the following words and terms shall have the meaning
ascribed thereto:
1. "Fireplace"means a built-in-place masonry hearth and fire chamber or a factory-built
appliance designed to burn solid fuel or to accommodate a gas or electric log insert
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or similar device, and which is intended for occasional recreational or aesthetic use,
not for cooking, heating, or industrial processes.
2. "Solid fuel"means and includes,but is not limited to, wood,coal or other nongaseous
or nonliquid fuels, including those fuels defined by the Maricopa County Air
Pollution Control Officer as "inappropriate fuel"to burn in residential woodburning
devices.
3. "Woodstove" means a solid-fuel burning heating appliance including a pellet stove,
which is either freestanding or designed to be inserted into a fireplace.
B. On or after January 4, 1999, no person, firm or corporation shall construct or install a
fireplace or a woodstove, and the Town shall not approve or issue a permit to construct or
install a fireplace or a woodstove,unless the fireplace or woodstove is one of the following:
1. A fireplace which has a permanently installed gas or electric log insert;
2. A fireplace, woodstove or other solid-fuel burning appliance that has been certified
by the United States Environmental Protection Agency as conforming to 40 CFR Part
60, Subpart AAA, or any amendments thereto;
3. A fireplace, woodstove or other solid-fuel burning appliance that has been tested and
(4609 listed by a nationally recognized testing agency to meet performance standards
equivalent to those adopted by 40 CFR Part 60, Subpart AAA, or any amendments
thereto;
4. A fireplace,woodstove or other solid-fuel burning appliance that has been determined
by the Maricopa County Air Pollution Control Officer to meet performance standards
equivalent to those adopted by 40 CFR Part 60, Subpart AAA, or any amendments
thereto; or
5. A fireplace that has a permanently installed woodstove insert that complies with
paragraphs 2, 3 or 4 above.
C. The following installations are not regulated and are not prohibited by this Section:
1. Furnaces, boilers, incinerators, kilns and other similar space heating or industrial
process equipment;
2. Cookstoves, barbecue grills and other similar appliances designed primarily for
cooking; and
3. Firepits, barbeque grills and other outdoor fireplaces.
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D. Fireplaces constructed or installed on or after January 4, 1999 that contain a gas or electric
log insert or a woodstove insert shall not be altered to directly burn wood or any other solid
fuel.
E. On or after January 4, 1999, 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. In addition to the provisions and restrictions of 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 Town Code and shall
be subject to permits and inspections required by the Town.
G. Fireplaces constructed or installed on or after January 4, 1999 shall not be altered without
first obtaining a permit from the Town to ensure compliance with this Section.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain
Hills, Arizona this 3rd day of December, 1998.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
(kw pCY 61.44A:L.Q5
Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk
RE IEW Y: APPROVED AS TO FORM:
ykditee4;Paul . Nordin, Town Manager WiFarrell, Town Attorney
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