I

SECOND AMENDMENT

2 BILL NO. 90-63

3 ORDINANCE No. 3533

4 AN ORDINANCE RELATiNG TO THE CONSTRUCTION OF FIREPLACES; AMENDING

5

THAT CERTAiN DOCUMENT ENTITLED A SUPPLEMEWrAL DOCUMENT AMENDING

ooctjwr,

THE

SECFION,

UNIFORM

D!SXG1IWrED

TO

BUILDING

ADD

AS

CODE,

SECTION

1986

45.1

HDZTION,”

OK SAID

BY

UPRtiMEW*i.

ADDING THERETO A w

TO THE UNIFORM BUILDING CODE A NEW SECTION 3708 TO REQUIRE ALL FIREPLACES

7 UNITS AFIRE JULY 1. 1991, TO

CONSTRUCTED IN RESIDENTIAL DWELLING CONFORM TO SPECIFIED LISTING OR EPA REQUIREMENTS OR ‘10 BE DECORATIVE ELECIRXCAL APPLIANCES;

8 PROVIDING FOR OTHER MATTERS PROPERLY RELATING THEREtO; PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND REPEALING ALL ORDINANCES AND PARTS

9 OF ORDINANCES IN CONFLICT HEREWITH.

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

11 Councilman Arnie Adamsen residential dw.fling unit.

form

to con

12 requirements,

to specified listing or EPA

or their equiva2..nt,

13

or to be decorative electrical 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 Uniform Building Code, 1988

is Edition,” and adopted by reference as Pert II of Title 16,

19 Chapter 4, Section 10, of the Municipal Code of the City of Las

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,

designated as Section 3700. reading as follows:

Section 3708: (a) Fireplaces in New Construction and New

26 Fireplaces in Existing Construction. Effective July 1,

1991, no fireplace shall be constructed in any residen

tial dwelling unit in the City of Las Vegas unless it is

one of the 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

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I fireplac. with a listing approved by the Building

2 Official;

3 (3) A dedicated woodburning factory—built fireplace

4 that conforms to the Phase II Environmental Pro—

5 tection Agency Standards for Wood Heaters as

6 prescribed in NSPS. 40 C3’R Part 60, Subpart MA

7 (emitting less than 7.5 grams per hour of par8 ticulate matter);

9 4) A masonry fireplace that includes the installation

10 of a wocdburning insert which meets the standards

11 described in Paragraph (3) of this 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

of the 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 of the terms or prohibitions

21 of this 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: If any section, subsection, subdivision,

paragraph, sentence, clause or phrase in this ordinance or any

pert thereof, is for any reason held to be unconstitutional or

invalid or ineffective by any court of competent jurisdiction.

such decision shell not effect the validity or effectiveness of

30 th. remaining portions of this ordinanc, or any part thereof.

31 The city Council of the City of Las vegas, Nevada, hereby

declares that it would have passed each section, subsection, sub—

—2—
1 division, paragraph. sentence, clause or phrase thereof

2 tive

irrespec

of the fact that any on. or more sections. subsections,

3 divisions,

sub

paragraphs, sentences clauses or phrases be declared

4 unconstitutional, invalid or ineffective.

5 SECTION 3: Whenever in this ordinance any act is

6 prohibited

7 a misdemeanor,

or is mad. or declared to be unlawful or an offense or

or whenever in this ordinance

8 is required

the doing of any act

9 be unlawful,

or the failure to do any act is mad. or declared to

or an offenae or a misdemeanor, the doing of any such

io prohibited act or the failur,

constitut.

to do any such required act shall

a misdemeanor and upon conviction thereof, shell be

12 punished by a fin, of not mar. than $1,000.00 or by imprisonment

13 for a term of not more than six (6) months, or by any combination

14 of such fine and imprisonment. Any day of any violation of this

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 of determining compliance with this ordinance. Such inspec

19 tion shall be conducted subsequent to the final inspection

building

of the

at a time that is mutually agreeabl. to the builder and

23 the Duilding Official.

SECTXON 4: AU ordinances or parts of ordinances,

sections, subsections, phrases, sentences, clauses or paragraphs

contained in the Nunicipal Code of the City of Las Vegas, Nevada,

1913 Edition, in conflict herewith are hereby repealed.

26 PASSED, ADOPTED AND APPROVED this p1st day of November

27 1990.

APPROVED:

30

BflQ

RON LURIE, MAYOR

—3—
I The above and foregoing ordinance was first proposed and

2 read by title to the City Council on the 5th y of September

3 1990. and referred to the following coqsmittes composed of

Councilmen Adams 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 of said 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’men Adamsen Higginson. Miller. and Mayor Lurle

12 VOTING NAY NONE

13 ,.aszr: Councilman Nolea

14

APPROVED:

15

18 Dy_________________

RON LURIE. HAOR OiI&4J’

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ATTEST:

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