### I SECOND AMENDMENT 

### 2 BILL NO. 90-63 

### 3 ORDINANCE No. 3533 4 AN ORDINANCE RELATiNGTO THE CONSTRUCTION OF FIREPLACES; AMENDING THAT CERTAiN DOCUMENT ENTITLED A SUPPLEMEWrAL DOCUMENT AMENDING 

### 5 THE UNIFORM BUILDINGCODE, 1986 HDZTION,” BY ADDING THERETOA

## w SECFION, D!SXG1IWrED AS SECTION 45.1 OKSAID UPRtiMEW*i. 

## ooctjwr, TO ADD TO THE UNIFORM BUILDING CODE A NEW SECTION 3708 TO REQUIRE ALL FIREPLACES CONSTRUCTED IN RESIDENTIAL DWELLING 

### 7 UNITS AFIRE JULY 1. 1991, TO CONFORM TO SPECIFIED LISTING OREPA REQUIREMENTS OR ‘10BE DECORATIVE ELECIRXCAL APPLIANCES; PROVIDING 

### 8 FOR OTHER MATTERS PROPERLY RELATING THEREtO; PROVIDING PENALTIES FOR THE VIOLATIONTHEREOF ANDREPEALING ALL ORDINANCES AND PARTS 

### 9 OF ORDINANCES IN CONFLICTHEREWITH. 

### 10 Sponsored By: Sumary: Requires ail fireplaces constructed after July 1, 1991, in 

### 11 Councilman Arnie Adamsen residential 

### dw.fling unit. to con form to specified listing or EPA 12 requirements, or their equiva2..nt, or to be decorative electrical 13 appliances. TN! CITY COUNCIL

## or THE CITY OF LAS VEGAS DOES )EBY 

### 15 ORDAIN AS FOLLDWS: 

### 16 SECTION 1: That certain document that is entitled A 17 Supplemental Document Amending the UniformBuilding Code, 1988 is Edition,” and adopted by reference as Pert II ofTitle 16, 

### 19 Chapter 4, Section 10, ofthe MunicipalCode of the City ofLas 

### 20 Vegas. NeVada, 1903 Edition, is hereby amended by adding thereto 21 a new section, to be designated ac Section 45.1. reading as follows; 

### 23 Section 45.1: Chapter 37 is amended to add a new section, 

### designatedas Section 3700. reading as follows: Section 3708: (a) Fireplaces 

### in New Construction

### and New 26 Fireplaces inExisting Construction. 

### EffectiveJuly 1, 1991, no fireplace shall be constructed in any residen 

### tial dwelling

### unit 

### in the City of Las Vegas unless it is one ofthe following: 

### 30 (1) A fireplace equipped with gas logs with a listing 

### 31 approved by the Building official; 

### 32 (2) A dedicated natural gas burning factory-built

—1—I fireplac. with a listing approved by the Building 

### 2 Official; 

### 3 (3) Adedicated woodburning factory—built fireplace 

### 4 that conforms to the Phase II Environmental Pro— 

### 5 tectionAgency Standards forWood Heaters as 

### 6 prescribed in NSPS. 40 C3’R Part 60, SubpartMA 

### 7 (emitting less 

### than 7.5 grams

### perhour ofpar8 ticulatematter); 

### 9 4) Amasonry fireplace that includes the installation 

### 10 of a wocdburning insert whichmeets the standards 11 described in Paragraph (3) ofthis Subsection and 

### 12 which is installed in accordance with the insert 13 manufacturer’s instructions; 14 (5) A low-emission fireplac. 

### that is deemed by the 

### is Building Official to be equivalent to one or more ofthe fireplaces 

### permitted tn this Subsection (a), based

### upon third-party laboratory documentation or 

### 18 certification by a state or federal agency; or 19 (6) A decorative electrical appliance. (b) Exception: None ofthe terms orprohibitions 21 ofthis Section shall apply to or be enforced against 

### any wood heater that has been certified by the Environmental Pro— tection Agency. Uncertified wood heaters shall not be installed within the City of Las Vegas. SEC?ION 2: Ifany section, subsection, subdivision, paragraph, sentence, clause orphrase in this ordinance or 

### any pert thereof, is for any reason held to be unconstitutional or invalid or ineffective by 

### any court of competentjurisdiction. such decision shell not effect the validity or effectiveness of 

### 30 th. remainingportions ofthis ordinanc, or any part thereof. 

### 31 The city Council of the City ofLas vegas, Nevada, hereby declares that it would have passed each section, subsection, sub—

—2—1 division, paragraph. sentence, clause orphrase thereofirrespec 2 tive ofthe

### factthat any on. ormore 

### sections. subsections, sub 

### 3 divisions, paragraphs, sentences clauses orphrases be declared 

### 4 unconstitutional, invalid or ineffective. 5 SECTION 3: Wheneverin this ordinance any act is 

### 6 prohibited or is mad. or declared to beunlawful or an offense or 7 amisdemeanor, or whenever in this ordinance the doing of any act 

### 8 is required or the failure to do any act is mad. or declared to 

### 9 beunlawful, or an offenae or amisdemeanor, the doing of any such 

# io prohibited act or the failur, todo any such required act shall constitut. a misdemeanor and upon convictionthereof, shell be 

### 12 punished by a fin, ofnotmar. than $1,000.00 orby imprisonment 13 for a termofnot more than six (6) months, or by any combination 14 of such fine and imprisonment. Any day ofany violation ofthis 15 ordinance shell constitut, a separate offense; provided. howsv.r, 

### 16 that no violation shall be deemed to have occurred bfore the 17 auilding Official has conducted an inspection for the sole pur 

### 18 pose ofdetermining compliance with this ordinance. Such inspec 19 tion shall be conducted subsequent to the final inspection ofthe building at a time that is mutually agreeabl. to thebuilder and 23 the Duilding Official. SECTXON4: AU ordinances orparts ofordinances, sections, subsections, phrases, sentences, clauses or paragraphs contained in the

### Nunicipal Code ofthe City ofLas Vegas, Nevada, 1913 Edition, in conflict herewith are hereby repealed. 

### 26 PASSED, ADOPTED AND APPROVED this p1stday ofNovember 

## 27 1990.

APPROVED: BflQ 30 RON LURIE, MAYOR

—3—

### I The above and foregoingordinance was firstproposed and 2 read by title to the

## City Council onthe 5th y of September 

## 3 1990. and referred to the following coqsmittes composed of 

### CouncilmenAdams and Io1en 

## 5 for reconriendation: th.reaft.r the 

### said convaittee

### reported 

## 6 favorably on said ordinance on the day of November

• 1990, 

### 7 which was regular meeting ofsaid Council; that at said 

## 8 regular meeting. the proposed ordinance was read by p tiu. to the City Council 

### as amended and adopted 

### by th. 

### following 10 vote: 

### 11 

## vOTING AYR: Counci’menAdamsenHigginson. Miller. and

### MayorLurle 

### 12 VOTING NAY NONE 

### 13 

## ,.aszr: CouncilmanNolea 

### 14 APPROVED: 

### 15 18 Dy_________________ RON LURIE. HAOR OiI&4J’ 17 

### 18 19 20 21 22 23 

### 24 25 26 27 28 29 30

31 

### 32 ATTEST:

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