Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 1

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21.85.030 Improvement requirements by improvement area. 

Subject to " iMtall ltle improvements prescribed by 

this seot1on 

' Urban area. 

' Paved interior streets. 

' Strip-paved access end peripheral streets. 

' Curbs and glitters. 

•• Sidewalks_ 

' Walkways_ 

' Street lighting. 

' Traffic control devfces. 

•• Monuments . 

' Drainage. 

" Telephone and electric facilities. 

"· Water supply facilities. 

"· Sanitaoy sewer fac1l1lies_ 

"· Landscaping_ 

'· Subwtmn area. 

' Strip-paved lntenor stroots. 

' Strip-paved access and peripheral streets. 

' Walkways. 

' T raffle control devices. 

' Monuments. 

' Drainage. 

' T etephone and electric lacltltles. 

" Water supply facilities 

' San1taoy sewer facilities. 

" Landscaping 

c. Rum! area. 

'. Gravel interior streets. 

'· Gravel accass and peripheral streets. 

' Walkways. 

•• Traffic control devices . 

'· Monuments. 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 2

6. Drainage. 

7_ Telephone and electric facilities. 

8. Landscaping. 

(GAAB 21.1 0.050.E; AMC 21 .85.1 00; AO No. 83-142; AO No. 65-91, 1 Q. 1-&;; AO No. 86-201, 1·16·87) 

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Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 3

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21.45.080 Off-street parking requirements. 

Off-street parl<rng shall be required for any new b.JIIding on wh"ch construction Is started"'" <Octo~{;;o 1999. 

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7. Required off·streetloadrng space sl\e.ll oot 

street parking space. 

B. Dwellings and apartment buildings 

t. Single· family dwsllings. 

I I , or 

of public off· 

of property so 

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as off-street ~arkir>g space in computation of required offa. Two parking~·~"'"', j~~~<:•;•;;';•~;::;:;:;:;"::=~: tot .BOO square teet. ~ each li unrt over t.aoo square f.,..,t, ifiCiudlng any 

2. Munilamily dwellings. 

a 

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~~~::~:·::::•:•:":•:'"::':,"""::•=:.:~:,'squired for '"''' <wo•·'''''oo'""'"~ 00 '"""'' teet or less. 

are required for each two..bedroom ""'\:""BOO square feet. 

One and three-fourths parl<ing spaces are require-d for each three-bedroom "~~ <<OC< "'''""'" oo 

Mota/s. One parking spac<o Is r<>qurrad tm fiWJry guestroom. 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 4

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~'l"'',;oo;itoriums, o/WrcMs, synagogUBS, danoehalls, exhibition hails, skating nnks, tMaters and other places "~""1 

G. 

One parking space is required for every four seals in the prinolpal auditorium or assembly room. 

space requirements for audil<>riurns al'l<f assembly rooms without fi~ed seating shall be 

t In subsection i of this subsection computed on the maximum car;>acity under the 

Building Code. 

hospitals and h~iiallh seiVices. 

required for eovery two beds, based on ma><imum capacity. 

2. H9allh One pruklng space;;,''""'"'' ro<O<O<,Woooo;o<oo< '''""'' "''"''"J"M. 

3. Heaflh """' 

capacity. 

' with 

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" pMmg space is required for ~''" '''" ''~''· ;~,.o "'"" maximum 

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H. Shopping centers. 

1. GeneraNy. Overall parking;;,'"'"''~'' as follows, except as'}'~''" under subsections 3 through 6 of !his 

subseotion: 

~l'o to 400,000 square feet 4.0 spaces per 1,000 

~)~~"~"]!'''"-'""to 600,000 square foot: From 4.0 to 5.0 spaces 

number of spaces calculated in linear p-rogression 

leasable arw. 

spaces per 1,000 square foot 

3. Offic<is. 

formula: 

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GLA of Office Soacy- Cj~A of !10% x r!llail Sll..'\.C6j 

350 square feat 

'" '· a A shopping center with more than 25,000 and less then 100,000 square feet of total gross"' <M~~ area requires ai1 addltfonal ten parl<lng spaces per 1 ,000 square feet of fo<>d s<>rv~ temmt area 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 5

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b. A shopping center having 100,000 but no more than 200,000 square .teet of total grass leasable 

requires an additional 6.0 parking spaces per 1 ,000 square teet of food oorv.ce tenant area. 

c. A shopping center having 200,000 but r10 more than 600,000 square feet of total gross 

requires no addtlional parking spaoos for food services. 

d. A shopping center with over 600,000 square f..at of gross leasable area can red 1!1e paMng 

required by the overall pall\lng indic..s by four spaces per 1,000 square feat ol groos leas $area devoted 

lood serviaes. 

6. F!edu n of requlrem<!nts when bus ptJESMger spllOOS affl provided. For every spaoe 

passenger bo ing and alighting approved by tOO traffic engineer, the parking space requi 

spaces. 

t. area of 4,000 square feet and less, one pall<ing space Is r ired for each 300 square feat 

2. For a gross buikting rea of 4.001 square feet and more. one parking sp is requlred for e>ach 200 square 

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J. Repairing ga~s and gasoline rvic9 staliom;. Four park1ng spaces are quired for each bay, provided that all 

vehicles in the custody of the operator tile b""lness for the purpose of serv , repair or storage shall be sterad on t11e 

premises or on a separate off-street parking tor building. 

K. Restaurnnt; bars, Joung6S and nigh 

requirements for such foo1ltties watmut fixed O,~:oc: space for every three seats. Parking space um c"'"'city under the provis1ons of tile Unifurm 

Building Go<la. 

L Bowling alleys. Four parking Si>"ces are required 

M. Other ffllail ~s/J'iblrshm~nts. Q.-.e parking space '" 

Lred for every 1 .ooo square feet of gross builrnng area. 

is required for every 400 square teet oJ gross butlding 

the greatest number oJ employees, whichever results 

Q. Ministornge buitrnngs. One parl<lng stall is 

R. Schools. 

c. 

1. Ell'lmentary. rhduding public 

multipurpose room. 

avery 50 sqoore feet of floor area In the 

2. Junior high and hrgh choo/s. One parking space is required for ave six seats in the main auditorium or 

assembly room, or three rl<mg spaces fur every classroom ~"" one park1 space lor each staff mambar or 

employee, Whichever is eater. 

008 or business colleges. One parking space Is require<! for a 300 square foot of enclosed 

rking space for avery ltlree Classroom seats, whichever Is greater. 

1/h clubs. One parking spac!l Cs required for avery 300 square feet of gros Door area. 

ough banks. One parking space Is required for every 300 square feet Of gross 1 

m1/y car~. No additional parl<ing is rsquired above the dw<>lling requlremenl 

2 Fflmily l>lside111ia/ aare. On• space above the dwelling requirement is required tor establ<shma<1ta wit 

e children. 

3. Preschool, day care or child""'"' facility, 24--hour. One spac<l Is requ~red par 400 square feet gross bu 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 6

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space, reseNed for pickup and delivery of children, per 800 s~are fe<>t cf 

W. standards lor p<Jrking sp~; parking ar»a d&sign_ Parking Spacas provided in accordance with the requirements of this 

soot1on shall meet the following standards: 

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4. Design. 

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d 

b_ All parking, except that which 

ingress and egress are possible · 

collootor or larger designation. 

d. All 

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and duplex residences, shall 

I may be credited as aisle 

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Rafuse containers located within or on the same pavement as the parl<ing ruea shaN ~~\/:::;::r.: I, leoce or landooapmg cor>Structad in accordance with criteria Mtablished by the_r 

agency, unless such contamers are located on a lot used tor a sing!&- or two--tamity dwetlmg. 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 7

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:;:::;:,::""'"" the lot owner and lha mun;,tpaiity prOV1dir~g tor the owner to maintain such W<~'" 

•::··~:~shalf be designed to maintain adequate sight 

1 , standards. 

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i I a res1dent0al district: 

district: V1sual enhancement 

1. Paving. The otH;treet parking area, including ell points of irlgreSs and egress, shall be constructM in 

accordance with \he following standards: 

a. A prul<lng area related to eny use within an urban or suburban lJSe district, as definM in S!l!<_llon 

_?1~. shall be pavM w1th a concrete or asphalt compound to standards prescribed by the traffiC 

engineer_ 

b. A parking ar..a related to any use w1tllm a rural use dfstrlc:l, as defined In Section 21.85.020, sm.11 be 

paved with a concrete or asphall compound to standards prescribed by the traffic engineer or shall be 

C<J\Iered with a layer of crushed rock of no more than one irJCh In diameter to a minimum deplt1 of lhre-e 

Inches. 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 8

Accessible car spaces shall be 

the space. One in avery 1 t 

Accessible oar space - specified in chapter 28, Code 

j';·:·:·~::;'j'f.' :Rr:o1<rtes. rwo 

under ChapleL3.!ill to Implement 

amended or interpreted by ledeml 

TABlE 1 

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shortest aoc;essible route ol tmval 

of travel ahall not pass behmd 

, aocasslt>e car spaces shaJI be 

" eotmr.ce ollhe parl<jng faci"ly. 

accessible car "1""""' shall be 

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of Arnerl<:ans with 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 9

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~ I''" i"' f _];;_ ~ / 

-1*- "- I . 

'\ !;: t ' 

' -F ' 37 

::tr ~ iiio f, F.- i ~ .. 

F.- i I" A 

' 

~ =rz: -F ' 

" 

~ itC ;1!1 -I" 

' ' ' ' 

~ ' p: ' " 

' ' 

~ =/-" ' "'t' 

___,, 

' / ~ ~ l= 

' / ' 

~' / 

to the nearest tenth of a foot. 

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Section 21~'\Q.J.'!!l.D.2 or ' ' ' ,, 

f':mploythe parking conftguralicm slated in table~; or -~ ,,, 

' 

Employ I the parldng configuration stated In table 3 <I the area· 

parking for periods in exooss of four cor\Secuttve hours and no mote ' '""'' number of spaces is desigJled for compact cars. 

TABLE 2 

~' ~ ~ J:· ·'\. :'/ 

y I ~ ~ I ' 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 10

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·Assumes two-way traffic tlow. 

TABLES 

CO: Compact car. 

'"""'"'' '"~""' traffic flow. 

c. The spattel ";:~~:,~ manner depicted 1n 

ADD FIGURE page 21.45-21 

At veh"it:ulac and pedastnan ingrass and egress points; and 

(2) Adjacent to lots l:>aing developed under a common development "•'• ,,~ .. .O•director of 

communtty planning alld developmool waives the requirement. 

The pariCng ama shall be separated from any buil<llng on the same k>t by a sidewalk },~''""'' area, or botll, at least four f...,! wide. 

c. enharwement In addllkln landscaping to the landscaping 

s~ll l>e p~nte.d required v;ilhin under the interior subsectl<>ns of a parking a and are.e. 

b of:~::;~::~:~~~: spaces, The ama devoted to visual enha""ement landsc:aping shall equal at least five 

of the parking ama. i""luding appurto.nant driveways. 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 11

X. Adjustment 

d. Part<ed vehicles may over11ang landscaped areas by up to two feet, provide& 

(1) The ove!hang IS limited by curbs or wheel stops: and 

(2) The landscaped area beyood tlw ovemang is at O.ast six feet wide. 

a. All landscaping shalll>e maintained by the property owoor '"his deslgr11!e. 

;,;~~~Visual enhanoomenl larnlscaplng shall be planted around the perlmeler 

At vehicular and pedeslr~an ingress and egress poinlo; and 

Where the strucrum abuts an alley light-ot-way. 

" maintained by the property owner or 

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parking structure, 

:::::::~~::::~::z~~:~~~==~:~··::~~::::.:~=~·· ..... 

which 1he 

d. An explanation of li I meet the •il,~•ro• for approval stated in subsection 2 ol this 

subsection. 

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0. 

'" not 11ave a matertal 

if a permit r""erved issued on under the site this to subsection acoommodl••~"·:,:•;:•:,"::::::~~~~;::::;:.r~:~; ;, it 

~'m:~::::•;;;:::::•::.·;':':" administrative part<lng spaces oflicia~ should upon l>e granted, recommendation that permit by the 

may 

!raffle provide engin..ar, for the ~,~;~;;~) 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 12

a_ The 

' 

Based upon t 

oM year term upon t 

c ' 

Page 10 of 10 

,(:0•=" '" renew the permiT fur another 

,, 

, 

of subsection A of this section was formerly oodified fn the '•ooooo'l.,["'' '"'"""'""' m 

; "'"~~•= Business licenses and regulations, I!LiQ. 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 13

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Assembly Ordinance 2001-17 

Mandating a Fairbanks North Star Borough Motor 

Vehicle Plug-In Program 

(2001) 

7127101 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 14

P.01 

. By: Rhonda Boyles, M&Y'Jl' 

Introduced: 03108101 

Advanced: 031bsto1 

Substituted: 031221tl1 

Postponed m another 

Public Hearing: 

Substituted: 

Adol)ted: 

ORDINANCE NO. 2001-17 

03f.2211l1 

04/i2JU1 

04112101 

AN OROINANCE MANDATING A FAIRBANKS NORtH STAR SOROUGI-l 

~TOR VEHICLE PLUG-IN PROG~M FOR EMPLOYERS ANO BUSINESSES WITH 

. 275 OR MORE PARKING SPACES 

~:<i· ·,- WHER&.S. a pc~rtitm of the"falrbanks North Star BOfCUgh is net in attainment 

~the National Ambient Air QualitY Standard {NMOS) for caltlon monoxide; and 

r,:- . . ~,.-_ 

;;,.. WHEREAS, adOltlonal emission reductions are required to ensure tnat the 

~gh can attain and mairrUiffl ~ NAAQS for caroon monoxide; cmd ,_,,,., ' 

'"'- ~--'' _ WHEREAS. the Borough has a lon9 history o1 encoureglng ~to pluijoin 

:1\_Wiir vehicles to reduce emi:ssions; and 

~;:·· WHEREAS. the use of engine heaters at cold ternpeaab:nes is 'M!II known to 

'-imj:lrove Vflhlcle performen~;:e and 'Improve m&intenance and fuel eamomy at c;old 

~ratures: and · _, ,, 

,._ .. , WHEREAS; the Somugh tyPically IOOAredS 'the ambient CO sts:rn!altl at 

~\imlperawres ranging from ·20° to +20"F; ;illd 

t:, WHEREAS. motorists typicaliy plUg tht!lr vehicles In at temperatures belOw O"F 

~are less likely to plug-in at tumpt,rarures- above O"'F; and 

;.;:. 

~:~>. WJ;iEREAS. the eorowgh is expantlirrg prograrrn~ to en<:r:~urage motorists W plug-

'i")ii:i. at all temperatulfl. below +2tJ•F; and 

-~: '\ 

0:/·. WHEREAS, the Bofough is. e;cpanding the number of public parking space$ 

·<elqu!pped with eif!tltrieal outlet:! to~ ptug-fn use; and 

~';;:!:· . --::--.. WHEREAS the U.S. Envtrdnrnen.UII PIQtedlon Agency (EPA) wiO not ae:lit 

:_ ~ be11etits 'to programs that• encxrurage publie actiOns unless they illccrporate 

~~s that ensure 1hat adop'tell 'program is enforceable. quantifiable, verifiable, and 

]:in:lduces excess emission reductions; iiilnd 

7/27/01 

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Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 15

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WHEREAS, a method for quantifying emission benefits cf pfugging-oin has. been 

~·~~~fm;m~d!:""'!::-~ in a bM program eondvcted by the Alaska Department Ccn.servation (DEC) ln cooperation with the Borough and the 

r and appi'Q'Ied by the u.s. EPA; and 

~~~~~~;:'~"'~'~""'""'~ have terriiiDts ccuiiuued conducteO that plUgging-in by _ADEC, ~ucas the CO Borou\1h emlulon$ and from the 

percent 

NOW THEREFORE, BE IT ORDAINED, by the Assembly of the FaiiWnk& North 

S~n 

and shall 

1. 

be 

Sections 

eodifierl. 

2 and a :ot this crdlnance on at a general and ~ 

SeQion 2. 1it!e 8 of tr'le Fafrb,anks Nonh Star l3orcugh Code is amended by 

a new chapter 8.20 to read aS follows: 

8..20.010 Vehicle Plug..jn Progr.mr 

A Parl<inf;_ Lot Owner Respon:sibilitifls. Between November 1 of l;liiCh 

year and March 31 ofithe sut)Mqutml: year, eal:h employer or~ 

with a tctal of 275 or more parking, spaces wtttr outJeb wfll:lin the 

Fairbanks North Star Borough 11011dtt.ainment area shaU $Upply eiectlicily 

1o outlets located In ils parking lots fer use tty ITIOtOrist$ In pluggiftg-m wehi~~ equipped wml engine heaters. Set:flidty shaH be supplied on 

days when.~peratul!es fan belOW 21°F, a:o measured by h Nationaf 

Weather Service at N_ Fairbanks International Airport. 1. 

Povter cyr;/itlg. Power to parking lat5 may be cyded an and off tNery 

other hour during days 'when tempera1l.lres fall below the 21°F thrvsho!d tc 

conserve eleQricity use. 

2. Re<;Qrd kseping. Each employer or business subjed to 

FNSB 6.20.010A shall maintain a logbook that documents the days on 

which pawer is suppliecl 1D aiEocb ical outlets k::ieated In its parking lots. 

NotatkJns of special circumstances that prevent the supply of eleclr!leiy kl 

outlets shaD be included. The logbooks shall be ~ fer a five-year 

periOd and be available~ for inspection upon Bm'tlugh request 

3. New parking fats. 

a. Employers '"d businesses subject to FNSB 8.20.010A Shall 

provide outlets for any flew parking spaces intended for use by a motorist 

for l=ger than two ~-

7/?.7/01 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 16

,_., 

b. Notwithstanding FNSB 9.20.010A. an employer or business 

sha(f provide outlets for new parking spaces when such Spaces incleaM 

its number of spaces intendeG !Or use by a matori$t fer Ienger than two 

hours to 275 or more_ The employer or business shall supply el•diteity to 

sut:h outtats on days When temperatures ('aU below 21•F, as measured by 

the Natianal Weather Service at the Fail'ban~ lntemattcnal Airport in 

accordance with this chapter. 

4. Maintenance of QUtlets. Each employer or business subject 1o 

FNSS S.20.010A shaD:malntain the electrical outlets ill operable condliion. 

No employer or busine$ subject tc FNSS 8.20.010A shall d8Creil$e the 

number of parkii"Jg spaees with outlets wtthcut prier apprcval of the 11M 

program administlator. 

8. /mplemenling PfJ!ir:ies ami PI'OCSdut'e$. Within $be morrths of the 

effective r:late of this Cll'dlnanee, the Bon:lugh shaD devek!p ad~ 

policies ami procedure:s fer implementmg and enfcrcing this program_ 

C. Penalties for VIOIStiOn. 

1. The borough may Institute a civrl ad:ion against an· employer 

or business 1hat viol<ilt~;ts a PJQVision of this chapter. in addilion to 

mjunctlve ard ~ry retef, the borough may obtain a eM perlafty 

not to ~d one th~sand dollars fbr each violation. The bomogh may 

bring an action to ~in a violmion or to tecovel'" a civil penalty 

.. 

notwithstanding 1he tMIIIabllity of any other remedy. ------ -

2. Each di!!Y that a violation of this ohapter continUeS 

eonstitutes a scpa1ate violation. 

1. Emp~ or business means all privaW and pubtlc secmr 

entities, including $tate. local, -and liode1 al .;JgenQes; departments, offloes, 

boards. commissions, ; corporations and political subdivisions or_ · ch!r 

organiz:ational units. im;ludin9 the University of Alaska end ~ Of&:trict. 

The tota! number of partting '¥'ce5 Jndudel!l all agencin. divisions, 

subsidiaries am;! locatiuna of 'the empfayel' or business within the 

Fairbanks Nctth Star Borough mmiilttainment illW. 

2. Ne!lattaiume.nt 3.-ea: meeM the area ~Qc;at.,j within the 

Fairbanks North Star BOrough that is set out and desoibed by federal law 

(40 CFR 81.302) but eleduding the City of Nol'ttl Pole • 

niis ordinance shall be effective at 5:00 p.m. on the 

7127101 

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Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 17

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DAY OF APRIL 2001. 

W1lfiams, Foale. sattley, Currmings. Hutctuson, Holm, Sol",.. Vea%ey, Parr 

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~CE NO. 2001-17 

I'J.4 Of4 

7127101 

P.0d 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 18

as WHEREAS, approxiinateJ~ 2.5% of total CO emissions are caused by the 

26 . use of woodstoves; and . . . 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

WHEREAS, . the Borough has. not exceeded ctean · afr standards since 

February 8, 2000, but the E~A is requiring the ~alrbanks North Star Borough tq .submit 

a maintenance plan showing. with 90% certainty, how the Borough wiD l'flaintam 

attainment of CO; and. · · · · · · · · · 

WHEREAS, since February,·· 2000, the Borough has not forecasted a · · 

Stage 1 Alert (CO concentrations of nine parts per miJiion) more than three times per 

year.aoo · 

WHEREAS. restricting the use of woodstoves within the non-attainment 

areas Is necessary for the Borough to remain in attainment and to obtain approval of a 

maintenance plan; 

40 NOW THEREFORE BE IT ORDAINED by the Assembly of the Fairbanks 

41 North Star Borough. 

42 

43 Section 1. Classification. This ordinance is of a general and pennanent 

44 nature and shall be codified. 

45. 

Fairbanks North Star Borougl]. ~aska ORDINANCE NO_ 2003 -·71 

Page 1 ofS . 

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EPA-APPROVED ALASKA REGULATIONS AND STATUTES 19

69 

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75 

76 

n 

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79 

80 

81 

82 

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84 

85 

86 

87 

88 

. . 3. •Forecasr - Oesgjption of the current dispersion conditions described , 

a§ good. fafr or poor and including the expected QO concentrations expressed in part§ 

oer million for an eight bour averagt. · 

4. "Non-Attainment Area" means: . . .,.. . .· . '···:· . . . .·· 

(a> The Fairbanb/Fort Wai[Mright sutramst. including TownshiP 1 Soy!b1 .. 

Range 1 West Sections 2 through 23. the OOrtion of Sectign 1 west Of !be Fort ' 

Wainwtlgbt military reservation bOundary. and the POrtion§ of Section ··24 notth of the ·~. 

Old Richardson Highway and west of the mifrtarv reservation boundarY; (b) Township 1 

South, Range 2 West Section§ 13 apg 24. the oortlon of S~ 12 southwe§t of· 

Chena Pump Road, and the· portfons·of·Sectfons 1:4 aod 23 southea§t qf the Cheng 

River: and {cl Townshig 1 Soulh. Range 1 East. Sections 7. 8, arn::f 18. and the pOrtions.·> 

of Section 19 north of the Richardson Highway and . .. . .. . . • .·\ ..• · · ··t 

(b) The North Pole sub-area. Jnctuging ToYinshjp 2 South. Rahge 2 East. 

and the portions of Section 9 and 10 southwest of the Richardson Highway, · 

5. "Woodstove and . Fireplace" - A device designed for wood fuel 

combustion so that usable heat is derived for the interior of a buifging and includ~~./ 

combination fuel furnaces or boilers that use wood. . / 

[1.. STAGE 1. ALERT: NINE PARTS PER MILLION (PPM) FOR AN 

EIGHT -HOUR AVERAGE. "· 

2. STAGE 2. WARNING: THIRTY PPM FOR AN EIGHT-HOUR 

89 AVERAGE 

. 90 3. STAGE 3. EMERGENCY: FORTY PPM FOR AN EIGHT~HOUR 

91 AVERAGE.] ., .. , 

Fai[banks North Star Borough, AlasKa ORDtNANCE NO. 2003- 11 

Page2of5 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 20

116 2. THE BOROUGH WILL INITIATE AN EVENt LOG AND ACTIONS 

111 TAKEN DURING THE ALERT WILL BE RECORDED. ···-

tiS 3. THE BOROUGH WILL ALERT ALL CONCERNED AGENClES BY 

119 TELEPHONE. ; t· -

120 4. THE BOROUGH MAY SUSPEND FARES ON tHE BOROUGH•s . _, 

121 TRANSIT SYSTEM FORTiiE DURATION OF THE ALERT. ,···~ . .. · __ ., -:-~.:~~-

122 5. · : .. ABOVE TWENTY PPM THE BOROUGH WILL MAKE RADtO 

123 ANNOUNCEMENTS ASKING PERSONS WHO MAY BE PHYSJCALLY SENSITIVE TO 

124 AVOID CONGESTED TRAFFIC AREAS. . . ., . · :. . .. , . i . . . 

125 6. ABOVE TWENTY PPM. THE BOROUGH WILL CONTACT 

126 VEHICLE FLEETS AND ASK FOR COOPERATION IN REDUCING v-·TRAFFIC 

121 ACTIVITY INTO THE HIGH CARBON MONOXIDE AREAS. , 1 

. 128 7. ABOVE TWENTY PPM THE BOROUGH .. WILL ASK RADIO 

129 STATIONS TO RUN FREQUENT PUBUC SERVICE ANNOUNCEMENTS 

130 REQUESTING THE PUBLIC TO REDUCE VEHICLE IDLING AND DRIVING AS MUCH 

131 AS POSSIBLE AND TO PREHEAT VEHICLES THAT MUST BE DRrVEN TO--REDUCE 

132 COLD-START EMJSSIONS. 

133 8. BOROUGH PERSONNEL WILL BE DISPATCHED ltffO THE 

134 FIELD WITH PORT ABLE CARBON MONOXJDE ANAL VZERS TO DEFINE THE 

135 BOUNDARIES OF THE HIGH CARBON MONOXIDE AREAS. 

136 C. WHEN A STAGE 2 ALERT (THIRTY PPM FOR AN EIGHT-HOUR 

137 AVERAGE) IS IMPLEMENTED THE FOLLOWING ACTIONS WILL BE TAKEN! 

F EJirbanks No® Stw Borough. Alaska ORDINANCE NO. 2003 - 71 

- Page 3 of5 

. ,; 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 21

162 EMPLOYEES. ARE EXCUSED FROM WORK. WITH THE ··EXCEPTION OF 

163 EMERGENCY EMPLOYEES. ··· .. . '' . . · ~ 

164 B. THE TASK FORCE. WILL ASK ALL :'EMPLOYERS. LOCATED 

165 WITHIN AREAS EXCEEDING FORTY PARTS PER MILLION OF CO FORAN EIGHT166 HOUR AVERAGE iO EXCUSE THEJR EMPLOYEES FROM WORK. AND TO CLOSE 

167 THEIR BUSINESSES UNTIL THE STAGE 3 EPISODE IS ABATED. ·. 1 ·. • ,, 

168 , -c. THE TASK FORCE WILl ReQUEST THAT.THE CITY POLICE 

169 CLOSE THE AREAS.EXCEEDING FORTY'PARTS PER.MILLiON TO ANY TRAFFIC 

110 OTHER THAN EMERGENCY VEHICLES.] , . . . - -· .,, 

171 

112 Section 5. FNSB 8.05.030. EpiSOde TerminatiOn is deleted. 

173 [AS THE EPISODE ABATES AND THE CARBON MONOXIDE 

174 CONCENTRATIONS DECREASE, :THE ACTIONS SPECIAED FOR EACH STAGE 

11s WILL BE DISCONTINUED AS THE LEVEL DROPS BELOW AND IS EXPECTED TO 

176 REMAIN BELOW THE ONSET CONCENTRATION FOR THAT STAGE.] 

177 

178 · Section 6. Effective Date. This ordinance shalf become effective at 5:00 

179 p.m. on the first Borough business day following its adoption. 

180 

Fairbanks. North Star 69rough, Alaska ORDINANCE NO. ?Q93 - 71 

Page4 of 5 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 22

Fairbanks Ngrth Star Borough; Alaska ORDINANCE NO. 2003-71 

Page5of5 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 23

/ / 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 24

Presented by: 

Introduced: 

Drafted by: 

The Manager 

~2/16/91 

.J.R.C.fS.:S.G. 

ORDINANCE OF TlU: CITY AND ElOROUGH OF JONEAO, ALASKA 

Serial No. 91-52 

AN ORDINANCE; AMEND1NG THE WOOOSMOKE CONTROL CODE TO LOWER THE 

PAlttlCULATE. COO'N'l' THR:ESBOLP FOR DECLAlUNG AIR ALD.TS, TO 

AlJTBOR:IZE THE MANAGER TO DECLAR!: AN Allt AI.ER"l' ACCORDING TO 

CERTAIN QUALITATIVE CRITERIA, TO PROVIDE FOR Tin: EXPIRATION OF 

ALL EXISTING CLASS I PD!MITS ON JULY 1, ~997, TO T£I<MINATE THE 

MANAGER'S AIJTHORI'I'Y TO ISSUE NEW CLASS I PERMITS, AND TO 

PROHIBIT THE BIJRNING IN WOODSTOVF;S OF SOBSTANCES OTHER THAN 

PAPER, CARD!lOAllD AND UNTREATED WOOD. 

BE IT ENACTED :SY THE ASSEMBLY OF THE CI'l'Y AND :BOROUGH OF 

JUNEAU, ALASKA: 

• Section 2. 

amended to read: 

Aigendlgtnt of Stetion. CBJ ~6.40.0:JO(a) is 

{a) •solid fuel-fired haatinq device• or •device• means 

-a. device designed for solid fuel combustion so that uaable 

heat is derived for the interior of a buildinq, and includes 

solid fuel-fired stoves, fireplaces, solid fual-firad cookinq 

stoves and combination fuel funaces or Doilers which burn 

solid fuel, but does not include stoves, fireplaces, furnaces, 

or boilers desiqnect and used exclusively for the cOll!bustion of 

wood pellets having a m"Ximll!ll leno;th of one inch in anY 

dimension. 

• Saction :3. 

iUIIendtd to read: 

Amtndm,ent of Section. CBJ' :36.40.040 is 

36.40.040 AIR POLI.tl"nON AU:R.'rS AND EMERGENCIES. (a) 

For the purposes of this &action, the manaqilr shall declare an 

air pollution al.art to be in affect whanever tha ambient 

concentration of particulate mattar lO llli=eters arui less in 

diameter {Pm-10) within the air pollution zona equals or 

exceeds 75 mi=oqrams per cubic metar (U'J/111:3) averaged over a 

twenty-four hour period and will remain at or above 75 uq/m:J 

if an alert is not called.. The manaqar may call an alert 

whtnevar available scientific and. mete.o=logieal data indicate 

that the ambient concentration of Pm-10 within a smoke hazard 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 25

( 

area can reasonably be expected to equal or exceed 75 uqjm3 

averaqe.d over a twenty-four hour period. When, in the opinion 

o! the manager, meteorological and scientific l!ata indicate 

that the type o! particulate musured is not hazardous, the 

limit may ba adjusted. The manager may call an alert upon a 

!indinq that· smoke conditions are, or are likely to become a 

danqar to health or generally objectionable to persons ~ a 

smoke hazara a:r~. 

(b) Within a smoke hazard area, no person may operate a 

solid !uel !ired heatinq device during an air pollution alert 

declared by the manager pursuant tc Section 36.40.040(a) 

unless 11. Class I permit was issued for that device at that 

location pursuant to Section J6.40.050 on or before February 

5, 1992. 

{c) Within a smoke hazard area, no person owninq, 

operating, or in control of a solicl. !uel !ired heatinq device 

for which a Class I permit has ·been issued shall cause, allow, 

or discha.rqe !or a pUiod or periods in excess of twenty 

minutes in any four hour period, visible fiJllissions which 

reduce. visibility throuqh the exhaust plume by 10 pert::ent or 

greata;o !rom such deviea during an air pollution alert 

declarlld by the m>1nager pursuant to Secti<ln J6.40.040(a). 

(d.) :ln the event that the mana9er declares an alert and 

the average Pm-10 concentratiollli naverthal.ess appear likely to 

continua to exceed 75 uq/ml, the manager may declare an air 

Slltargency durinq Which the use of all solid !ual !ired heating 

devices is FQhibited, includinq those !or which 11. Class I 

permit has been iS5ued. 

{e) Notice o! an air pol~ution a~ert c:~r an air pollution 

e:~~~erqency is a~ta i:! pul:llished in a newspaper of general 

circ:ulation within the city and borouqh, or if <;liven orally at 

least thr- times during a 111ix hour period by_ at least two 

radio statiQns operatinq' within the city and ·Pc:~=uqh, or i! 

made available to the general public in the fcrlll o! ., recorr±ed. 

telephone message the telephone number !or which is published. 

in the tele.phone diraetoey Qr newspaper of general circulation 

within the. city and bQroug:b.. The prohibition shall be 

effactive !rom the e&rlier of tha ttm. stated in the notiee, 

six p.m. of the day the nc:~tiee is published in a newspaper, 

the time the ~ast required announc:em.al'lt ot the notice is given 

by radio, or two hours after the time the racorded. messaqe is 

first 1114dB available by telephone. 

-2- Ord. 9J.-52 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 26

(f) Notwithstanding the provisions of subsections (b) 

and (d) of this section, solid :fUel fired heating devices =ay 

be used at any location during a loss of electrical power 

service to that location. Use of the device may commence no 

soClnar than two hours after the loss Clf electrical service and 

shall be ta.rminated as soon as practicable aftllr 

reestablisiullent of service. 

• section 4. 

amended to read: 

Amendment ot Section. Cl3J 36.40.050 is 

3 6. 40. 050 EXPIBA'I':tON AND RELOCATION OF CLASS :r PERMITS. 

(a) No cl.ass I permit may be issued for a SQlid fuel 

fired heating device attar February 5, 1!192. 

(b) Class I permits issued on cr before February 5, 

l992, shall expire no later tban July 1, 1997. They shall not 

be transferable fro111 place to place without reapplication. 

When the permitted device is reparmittad the manager may 

requira information t.o deta.rmine if the relocated woodstove 

remai.ns capable of IIIBetinq mtissicm requirements. 'tbe manager 

may require evidanee that any non-dUrable parts have bee.n 

recently replaced. The bolder of a Clii.S8 I permit shall allew 

an inspection of the device before tha device is raper.zitted. 

Class I permits are eligible for rtlnawal as lonq as the 

woodstova =ntinues to 111eet the emission standard in effect at 

the tiJH the permit Wil$ oriqinally issuild, but no renewal 

shall be valid past July 1, 1!197. 

• section 5. a~~~ended to read: 

Amendment ot Se;tiqn. CB.1 36.40.080 is 

36.40.080 SOLl:D FUEL COMB'O'ST:tOR AND SMOKE EMISS:tON 

S'l'ANDARDS. (a) No person shall use a solid fuel-fired 

beating device tor the combustion of any material other than 

paper, cardboard, or untreatad wood. 

(b) No person may operate a solid tuel-firad heating 

device in such a manner that visible emissions reduce 

visil:lility t:hr1:luqh the eXhaust effluent by :l:i:l:ty person or 

qreatar :ror mare than fittaen minutaa in any ene h.o= as 

determined by a te.;t conducted in substantial compliance w-ith 

the regulations applicable to the visual determination of 

stationary source eMission opacity pra.Q].qated at 40 CFR 60, 

Appenc:tix A, by the United States !nviron~~~antal Pretection 

Agency; provided, and notwitbstandi:u;' any contrilr¥ provisions 

in the regulation, opacity observation shall be ll!Ad.a at the 

point of greatest opacity in any partic:~n Clf the emissions 

_,_ Ord. 91-52 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 27

( 

' ' 

plUlll.e without regard to the presence or absence ct condensed 

water vapor. The provisions of section J6.40o040 shall apply 

to the operation ct class :r devices durinq air pol.lution 

alerts. 

• SectiOn 6. Effective Date. This ordinance shall ~e 

effective thirty days arter its adoption. 

Adopted this 6th day of January, 1992. 

'"< • 

Attest: 

-

-·- Ord. 91-52 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 28

r 

presented by: 

rnt:::.-oduced: 

Drafted ioy: 

The Ma;-,age.::-

12/16/91 

S.B.G. 

ORDINANC~ OF TE~ CITY A.~ BOROUGH OF JUN~U, ALASKA 

Serial No. 91-53 

;u< ORDINAN'CE A."'!""ENDING THE WCODSMOKE CONTROL :INE SC::!EDCI.:i: ?O 

INCREASE THE FINSS FOR VIOLATIONS OF THE WOODS~OKE CO>lTROL CO!JE, 

BE IT ENACTED EY TSL ASSE!-'3LY OF THE CITY A.."\'D BOROt:.:;;;: 00' 

JUNE.~u, Al..~.sM.: 

* Saction L Clessific:a'::ion. 

general and pe=anent nature and shall 

and borough code. 

This ordinance is of a 

become a part of the city 

* Section 2. 

fine schedule set 

follows: 

CBJ 

3ei.40.040(lo) 

36,40.040(C) 

Agendment Or section. 

forth in CBJ 03.30.055 

The woodsmcke cont=ol 

is ~ended to read as 

Woods~oke Fine schedule 

Offense 

Burning during 

SlllOke hazard 

condition 

Excessive smoke 

dansity 

. 

No. of 

Offense!! 

>;t 

<nd 

Subseq. ' 

l;t 

'"d 

ord 

Su:t:Jseg. ' 

Fi:!:!e 

$:).00-00 

HC.>.. 

so. 00 

7:;.00 

MCA 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 29

J6.40.040(d) 

J6.40.060(a)-(e) 

~cods~oke Pine Schedule 

Offense 

Bu:::ning during an 

Air E:;J.e:::ger.cy (all 

solid fuel staves 

prchibitecl.) 

open burning 

within smoke ha~ard 

area prohibited from 

November 1 to 

March 31; burning 

without a permit; in 

violation of a permit; 

which creates a danger 

or nuisance, etc. 

No. of 

Offenses 

2nd & 

Subseq. 

Within 

1 Year 

.!.st 

Jrd & 

subseg. 

Fi.:1e 

100. 00 

J 

.!.OD. GO 

:vo.oo 

MCA 

* Section 3. Effective Date. This ordinance shall be 

effective thirty days after its adoption. 

Adopted this 6th day of January, 1992. 

Attest: 

' . 

ord. 91-'53 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 30

• SE~T By:xerox Telecop1er 7021 : 4-20-9:1 :1o::12AM 9074632606 .. 

( -

Pr=nted by: 

Inuoduced: 

Drafted by: 

90746S5!00:# 2 

,._ 

01/0400 

J.R.C. 

ORDINANCE OF THE CITY AND BOROUGH OF 1UNEAU, ALASKA 

Sorial No. 93..{)1 

LOCAL 

BB ACQUIRED, 

AND 

CITY THAT T.BE WORX 

LAND NECESSARY 

INCLUDING USE OP IS AtJTBOlUZED~ CREATING 

SPECIAL ASSESSMENT POND NO.7,; AND FINDJNGT'RAT SPECIAL BENEFIT 

TO 1HE PROPERTY wmnN 1'H5 DesCRIBED DISTRICT iXISTS AND THAT 

EACH LOT OR. TRACT \1/l'IHIN THE DISTRICT wn.t BE SPECIALLY 

BENEFriTED IN PROPORTION TO THE AMOUNT ASSESSED. 

BB IT ENACTED BY 'THE ASSEMBLY OF T1m CITY AND BOllOUGH OF 

.TUNBAU, ALASXA: 

• Sc:ction 1. Clanjflgrigg. 'lbiJ Ofdinancc i-s a noocode onlinanco. 

• Section 2. f5r4Wt ¢a!: I .. l t> U jn ¢IIi J?u!lls Jptmnt The Auem.biy of the 

City and Bo:oUJh. o! J111101U, haVina: ;onsiciercd all m•rerial fadon iarJ.uct!nl the 

~to p:topcny devalopmeot, maintcna.nce of p:topei'ty Yaluu., halttl, Slfety, and 

welfar8 ot the b>Js! .. .....,., emp!oyeea, and PJ:ope:ny ownen in tbe paopoaed loc:al 

lm.J)IOvement disaic:t, finds that the formation o! a loeal iJnproYemciftt disrrict covering 

p:iopetty desaibed in &hibit w A" ltl&dlcd to !his otdinaDee, to be knowa u Local 

Improvement DUtrict No. 75 of the City and ilot"ouP of Ilmeau, AlWa, 1& ia the public 

m~. ~ 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 31

SENT sY:Xerax Telecopier 7021 : 4-20-~3 :1o:33AII 9074snea~ .. 8074655lCO :# ,3 

. 

' 

• so:Uon 3. 

Diatrlct No. 15 

described in 

There is created. Local. Improveme:nt 

The bowldarlcs of L.I.D. No. 75 are 

,...,~and made a pan hmiof. 

• Section 4. . Immpyemenu ro be Coo=mvtnl The im.ptOVCmerl.ts to be 

conattucted, consist of regradlna: auG mrfac:i!la portions or Long Run Drive, ~ 

Boulevard, McGinnis Drive, TaniJ Drive, Trio ~ Dopood Une, Columbia 

Boulevard, Sesame Str=t, Aspen Avawe, Tonpsa BoulcYud, and Ovdlcy Street. 

• Sedion s. pgimrcd emr, The esrirnattw! cosr. ofconatruction of the ptojea b 

$7SZ.,I98. 

• Section 6. S!WfS' of Ftmdl· The portion of !he c:onstnldion cost ta be met with 

cicy and borou&h funds is wima!l't! to be 5436,099. The remaindo:r of tbc CCIIIStl'IICtio 

cost, will be met from the asseuments apiast tbe prcperty i!pOCially benefitted, u.id 

amonnt estimated to be $316,099. 

• SectfoD 7, t)jnaloo OW N be Qgnc;, The city UKi bc:traqb. adminUtmiou 

il hereby ordered to do or cause Ia be done all lhbtp 1 eemy or Uleful to p1m, 

_ ~ CC~Wn~Ct, and install the lmpio•.,.....Q: d........t!'lflf in Sedicn 4. 

• S«:tton !1. Authoriwion tg Ac;gpjre hp!l The city and borough is be:rl!by 

authorized to acquire any IandJ or :1&hts in land ........,.,. ot useful for tbo prujo:t. 

• Section 9. Autf!griprtm fW gmhtcn 'QC!mai!J. The city mel batoulfl 

administtation is hereby anthtnimf to use such emiDf!t!t domain p:cO«....ttnas, inducling 

UJCI of declamicn of tal::inr;, u may be ll!""'e'wy or useful to acquire pzupcu ey "'*',..; 

for the project. The cosu of any p.tapetty so acquiiai shall be adde4 to the project cost. 

• Section 10. Aeprgpd•rion 'Thc:o is hmby appzvpriared tblllliit of S75l,l98 

for the ccm of the project il'ltlwfinr; the acquisiticm of p!Upc•:ty and conazuction of !he 

improvemerlts described il'l Seczion 4-. 

• SeaiOtt 11. Special Aurwmmt fund. Tbcre Is cnmed wHbin till: central 

tteuury a tpeeial fwid of tbcl city and boniUih known u Special Asleumoru: Puod No. 

75. Such fund sba11 be used for !he pwposc of paJinl tbc eom of the project. City and 

borouah limds, wcmncnts and an atbl!f receipts sbal1 be plid iAto the fllncl, 

• Section 12. f!DWna of Snoti•' Hm* no A•embly ot =e City llld BarouJh 

of 1tme:w baRby :finds that the p.tupeoty within L.I.:C. No. 7! desa:ibod iD E:Jbjhic w A • 

will be $p""'ially bene1!mrl by the imp.tovemerlt and each kit 01' tnl:t within suc:b distrkt 

will. be speri•"y bene.ftcted by the i~~~ptGVCmC~W: IDd each lot artraa within IUdl. distrit:t 

will be specially benefitted in proponion to the amount sepantely attMv:d to each lot 

_,_ 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 32

·' SEN-T.BY:Xerox Teletopier 702i: 4-20·9~ :10:HAM ~074655100:# 4 

• . . ' 

* Section 13. M;thnd of Appon!oning CQM1. Costs 1D be borne by tho prope:tcy 

~any benefittccl sha.U be apportioned at tho ~ ofSl,.SOO per lot for the first 100 feet 

of front footage, plus SlO for =ach foot of front foota&c tbcteafter, plus WO per lot for 

any lot abutting a meet RqUirinc application ol agpeptc for surface stabilization, plus 

1384 per lot for any lot abuttini Toopss Boulevard or Dudley Sa=t. 

• Sel:tion 14. rmwmm-ln-fuU Dfypynt. N'o prepaymcnt-io-Nll dbc.ount is 

.-. 

• Section 15. :em:.;r;yc Pate. This ordinance sba!l be lffa:livc tllirly day1 after its 

-· 

Adapted this 8th day of Pebnwy I 

Ciii'k J 

·3· Otd. 93-CH 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 33

5E.NT sy:xerox Telecapier 7021 4-20-93 :10:3u~ 90746~2606 .. 907U55lOO:It•5 

• 

EXHIBIT" A" 

BOUNDARY DESCRIPTION 

1993 MENDENHALL VALLEY STREET PAVING PROJECT 

L.I.D. No. 7! 

Lot 11,. Lots !8 throu&ft U, Inclusive, lou 84 thraup 311,. laduaiva, loti 106 tbrou&Ja 109, 

lndull~ and Jots Ill throu&h 11!, indlllive of Mendeabavea. Subcil.vtslon. U. S. Slli"Vey 

No.l7991 Lou 1, 2, 3, and 4 or Blrclt Lane Subdivision, U.S. Survey No.1799; 

Loa 34, 3$, 36 and loti 43 through 47, lndusi~ of Sleepy HoJlow Subdivision No. :z. U.S. 

Survey No.l799; Lots 1, :z. J, and 4 of Aapen Subdivision, U.S.Survey Na.l799; 

Lots lA, l.B, lC, 2 and 3 at Black "A"; Lots 2 throuJh 9, lnduslve. of Block "B"; Lots 1. 

2. 4, 6', I and 10 of Black "D"; Lots !A, lB and 2B ct Block "E"; Lou 1 tbrw&ft 7, 

inclusive., at Block "G", Lots 1 throa&b 8, indultf .. ot Block "H", Lota 1. 4, 6, ud I of 

Block "r' and Lot 4, Blac:lc. "F" oiLu.Rt-Co Homes Su.bcUYislon, Pllt No. 366. U.S. Survey 

No.3144. Lot 1. Block "J" ot Raub division of Lots l & 1, Blodc: "J", Lu-Re-Co Homes 

S®dl~u.s.s~,N~144. 

Loti I throllifl 9, lndtllfve, of Black "A" md Lots 1 th~ II, illdl!li.ve. of Block "B" of 

Mouatain Vlew Subdhldon, Plet No. 691, U.S. Survey No.Jl44. Loa 1, 1, 3 and 7 of Dud!; 

Creek Subdhi1ian, Plat No.400, U.S. Survey No. 3144. Lot& 1, lA, 2B and 4 of Dude Creek 

Manor Subdhisian, U.S. Survey No. 3144. 

Lot U, Block" A" and Lot 1, Block" D" of Mountain VIew Subdivision Na.l, U.S. Survey 

No.Jl44. Loti lA and lB of Hatrner Subdivision, U.S. Survey No.J144. 

Lot 2, Block "D" I Field Acnd Subdlvtsioa, Plat No.238, u.s. Survey No.lS44.. l.otJ 4, B, 

C, D and Eo:! Lac 1. Block "D"I and Lou A. B. C. 0 aad E of Lot 4, Diode "8" 01 a 

ResubdlvUion of Field Aues SubcUvision, Plat No.61-Z1!7, U.S. Survey No.%544. Loti A, 

B, C and D or Lot l, Blod!; "C", Field Acres Subdlvbl~mt U.S. Suner Nc..l544. Lolli 1, 2,. 

3 and 4 of a lhlubcDvision af Bloek "C", Field Acres SubdiYidcm,. U.S. Suney No.l$44. 

Eat half and Wac half of Lac 1. Blodr; "B", Fleld Atn:!l Subd!Yillon, Plat No.l38, U.S. 

SUI"Ve1 No.l$44. Lots lB, lA. JB, JC and 3D of De Lq Lots SUIIdhrlsion, Pial No.A39, 

u.s. Survey No.15'44. Lot 1 of Resubdivision of Lot 2C. De Lont Low S&&bdil'blon, U.S. 

Survey No.lS44. Lots 14 and 1!, Everzrem Park Subdivision. Pill No.l!lt, U.S. S11t"'1'1!y 

No.%100. 

Lots lA and 3G, Short Court Subdivision, Plat No.43.!, U.S. Slll"VIJ No.2S44. Lot 3, BlOck 

"A"; Lots 1 through 6, inclusive, Bloek "B"; Lots l, 3, 4 and !I,Bioek '"C" of Forest: Gl'!lVe 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 34

SE~T BY=Xero~ Telecop1er . 7011 ·, 4-!0-71 '10=3SAM ; so746nea6 .. 9074555100:# 6 

• 

r 

Subdivision, Plar No.68.5, U.S. Survey No.J75l. Lot 100'Xl5Z.83' within tfle northwest 

com•r of U.S. SurYey No.J751, Labeled ~El:ception~ ofFOn:Jt Grovt Subd.ivltion. Lots lA, 

lB, 2A and lB, or Forest Grvve Subdivision Unit II. Plat No.BJ-57~, U.S. Survey No.J75L 

Containing 156 parcels of land. 

pap 2, Attadlmenc ,. A" 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 35

~e.f'l1 :~r-xera~ 1~1etcpar IOl.l , 4-.:U-~~ ;1U=.3~AM: ~074631606~ 

Presented by: 

Introduced: 

Drl&d by: 

,_ -  -- -~--~--

The- Manager 

{)3/01193 

A.T.B./J.R.C. 

ORDINANCE OF THE ClTY AND BOROUGH OF JUNEAU, ALASKA 

Serial No. 93-o6 

ANORDINANCECRUTINGLOCALIMPROVEMENTI>ISTRICTNO. 760FTHE 

CITY AND BOROUGH; FINDING I'HAT SUCH LOCAL IMPROVEMENT 

DISTRICT IS IN THE PUBLIC INTEREST; SETI'ING THE :BOUNDARIES OF SUCH 

LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THB IMPROVEMENTS TO 

BE ACQUIRED, CONSTRUCTED AND INSTAII ED CONSISTING OF 

REGRADING, IMPROVING, AND PAVING PORTIONS OF WEST GLADSTONE, 

ROSEDALE, CLOVERDAl.E, PmEDALE, AND FIRNDALB STREETS AT AN 

BSTIMATEI> COST OF 5227,()50 OF WHICH COST AN ESTIMATED 595,802 IS TO 

BEBORNEBY'IHE PB.OPBRTY SPECIAllY BHNEPm"ED AND AN ESTIMATED 

$131,248 BY THE CITY AND BOROUGH; DIRECTING THAT THB WORK BE 

OONB, THAT ANY LAND NECESSARY OR USEFUL BE ACQUIRED AND THAT 

BMINENT DOMAIN INCLUDING USB OF DBCLAR.AliON OF TAKING IS 

AUTHORIZED; CREATING SPJ!CIAL ASSESSMBNT FUND NO. 76; AND 

FINDING THAT SPECIAL BENEFl'I' TO THE PROPJ!RTY 'MTBIN THE 

DESCRIBED DISTRICT EXISTS AND THAT EACH LOT Olt TRAer WlTHINTHB 

DISTRICT WILL BE SPECIALLY BENEPlTI'ED IN PROPORTION TO THE 

AMOUNT ASSESSED. 

BE IT ENACTED BY THE ASSEMBLY O:F THE CITY AND BOROUGH OF 

JUNEAU, ALASKA: 

• Section 1. OmjAgt!on. This ordinance is a noncode ordinance. 

• Section 2. fjndjng that L.I.D. js jn tbf Public Intere:u;. The Auembly of the 

City and Botougb. of Juue:w, having considered all mat8ria.l factan includin& the 

delemnce to p.iopet ty development, maintenance of pzopeny values, health, safety, and 

welfare of the busiDeJSeS, employees, and propeny owners in tho PfOlXI'Od. local 

imp!OVement diJtrict, finds that the formation of a loc:aJ. improvement eli~ coverinJ 

p1opeo.ty described in Exhibit "A" attached to this ordinance, 10 be known u I.oa.1 

Improvement District No. 76 of the Oty and Borough of Juneau, Alulca, ls in the public 

interest. 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 36

_ SE~T SY:xero~ Telecopier 7021 4-20-93 :10!36AM sommos- 90H655100:# e 

'" SectiDn 3. Crea1jpn ami Boundariea There is CIU.ted Local Improvement 

Distrio:t No. 76 (hereinafter "L.I.D. No. 76"). The boundu:lu of L.l.D. No. 76 are 

described in Exhibit • A • attached to !his ordinance and made a part hereof. 

'" Section 4. Imnmyemenu tg be Cormrupted. The improvements to be 

consttuctc:d, consist of ba.sc and dninq;e improvements, regrading, and paving on West 

Gladstone, Rosedale, Cloverdale, pinw!ale and Fimdalc streets. 

• Section 5. RJrimat=:d Cost. The estimated cost of construction of the project is 

$227,0!10. 

'" Section 6. Smm;c of Fund!. The portion of the construction cost to be met with 

city and borough funds i1 estimated to be $131,248. The :emainder of the construction 

cost, will be !lid from the assessments qainst the property specially benefitted, said 

amouru: Cftl,mated to be $95,802. 

• Se:ctiOD 7, Pim;rioo that Wotlj; be pone, The city and barollgh adminiltmtion 

is hereby authorized to do or cause to be done all thinv necusuy or useful to plan, 

acquire, conHrUCt, and Install the Improvements described In Sectian 4. 

'" Section 8. Authnripdm tg AcqUire land, The city and borouJh is heRby 

autborized to acquite any lands or ri&hts in lancl n,.,...,•ary or aseful. for the p:oject. 

'" Section 9. A,yrlJpripdon for Emment Qgmain. 'Ihe dty and borough 

administration it hereby authorized to use such eminent domain proceedinp, Incl.udinj: 

usc of declaration of talcinj:, as may be necessary or useful to acqllire property needed 

for the project. The costs of any property so acquired shall be added to the pmject cost. 

'" Section 10. ARwuyriati9P, There it hereby appropriued the sum of $227,0!10 

for the cost of the project including the acquisition of ptopeny and constrllClion of the 

improvements described In Section 4. 

'" Seaion 11. Snnsi•l Aumment Fund. There i.l created within the ~tral 

tteuury a special fund of the city and borougll ialown as Special A.ueume:nt Fund No. 

76. Sud! fund shall be used for the purtxi&C of paying the com of the project. City Uld 

borough funds, weumc:nu and all other receipts shall be paid Into the fund. 

-2- Ord. 93-oti 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 37

SENT sy:xerox Telecapier 7021 '-20-93 :10:3BAM; 907'632606• 

• Section 12. Fjpdjpg gfSpecial &;pefit. The Assembly of the City and Borough 

of Juneau hereby finds that the property within L.LD. No. 76 described in Exhibit • A" 

will be specially benefitted by the improvementl and each lot or tract within such district 

will be specially bcnefttta:i in proportion to the amoull.t sepamely assessed to each lot 

""""'· 

• Section 13. Method gf AIIIN"ionim~t Cgs". CoJts to be bome by the property 

specially benefitted shall be apportioned at the rate of Sl,!iOO per lot for the tint 100 feet 

of front footage, plus $10 for cacll fooc of front footage thcrcaftl:r, plus 5393 per lot, 

such additional chaqe being for the application of vegue for SUiface stabilization and 

minor drainap improvm.euts. 

• Section 14. Pmpyment-in-FuU pjsmtJgt. No pepaymeru:-in-full cfueount is 

-· 

• Section lS. Effectjye Pate- Tbis ordinance shall be effective thirty days after IU-. 

Adop!cli this 5th day of April, 1993. 

·3- Ore!. 93-06 

' . 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 38

9074632608 ... 9074555100;1;'1( 

SOONDARY OESC~IPTION 

1993 MENDENHALL VALLEY STREET PAVING PROJECT 

WEST GLADSTONE, ROSEDALE, PINEDALE, CLOVERDALE AND FIRNOALE STREETS 

L.I.O. No. 76 

Lots l thro~qh 6, inclusive and lots 9 throuqh 12, inclusive, or 

Glacier Parle. Subdivision, O.S. Survey No.l530, filed as plat No.237 

in th" J'uneau Recording District, State or Alaska; Also, lot SA of 

Plat No. &2-20W being a raaubdivision of .a.id Glacier Park 

Subdivision; Also, lots 8B1 and 862 of a resubd.ivision or -aid 

Plat No. 82-20W; Also, lots l3A and 13B of Plat No. 84•127 being 

a resubdivision of said Glacier Park Subdivision. 

Lots 1 through 9, inclusive, of Bleck "B", Lots 1 and 2 of Block 

Me•, Lots 1 through 6, inclusive, of Block "E'", Lots l through 8, 

inclusive, and Lot 15 of Block ~F"; of First Adc:Ution-Riverdala 

H•iqhts Subdivision, U.S. Surv•y No, 2080, Juneau Racording District. 

Lots 4, 5 and 6 of Block .. tl-P and lots 1, 4, 7, 9, 9 and 10 of 

Block no-2" of Plat No. 647, being a Rel!lubdivil!lion of Block 0, 

Riverdale Heiqhts Subdivision. 

[lid76.atbl 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 39

WIT ay:xerox Telecopier 1021 :11-24-93 ; a:34.1.M;. ~0'14832606 .. 

Presented by: The Manag=' 

Imroduced: 10/04/93 

Drafted by: J.RC.!A.T.B. 

ORDINANCE OF THE CITY AND BOROUGH OF JUNEAU, ALASKA 

Serial No. 93-39am 

AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 77 OF 

THE CITY AND BOROUGH; FINDING THAT SUCH LOCAL IMPROVEMENT 

OISTIUCT IS IN THE PUBUC INTEREST; SETTING THE BOUNDARIES OF 

SUCH LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR THE 

IMPROVEMENTS TO BE ACQUIRED, CONSTRUCTED AND INSTAl I ED 

CONSIS'mi'G OF IMPROVING THE SUBBASE AND DRAINAGE. AND 

ASPHALT PAVING THE FOU.OWUoi'G STREETS: AIRPORT BOULEVARD, 

ALPINE AVENUE, AMALGA STREET, ATLIN DRIVE, BRESEE STREET, 

CIRCLE DRIVE. CRAZY HORSE DRIVE, DELTA DRIVB, DIANE ROAD, DREDGE 

LAKE ROAD, DURAN STREET (A PORTION OF), EL CAMINO STREET, 

EVERGREEN PARK ROAD, FlREWEED LANE, FOREST LANE, FOREST GROVE 

DRIVE, GABNET STREET, GEE STREET, GLADSTONE STREET (EAST}, 

GLENDALE STREET, HAFFNER COURT, HALOFP WAY, HAYES WAY, 

ICHABOD LANE, JBNNIFER DRIVE, JORDAN AVENUE, KEVIN COURT, 

KILI.EWICH DRIVE, KJMBEJU.y STREET, KIOWA DRIVE, KLONDIKE WAY, 

LAKE A VENUE. LEE SMITif DRIVE, LORI A VENUE, LUPINE LANE. MARION 

DRIVE, MINER DRIVE, NUGGET DRIVE, NUGGET PLACE. O'DAY DRIVE, 

PORTAGE BOUUVARD, PROSPECT WAY, PTARMIGAN STREET, QUARTZ 

STREET, RAJNBOW ROW, RIVER PLACE, SANDERS STREET, SCOTT DRIVE 

(PORTION), SHORT WAY, SIERRA StREET, STEEP PLACE, SUNSET DRIVE, 

TAKU BOULEVARD (OfF MARION), TEAL STREET, TESLIN STREET, 

THREAD NEEDLE STREET, THUNDER MOUNTAIN ROAD, vALLEY A VENUE, 

AND VALLEY BOULEVARD AT AN ESTIMATED COST OF $4,061,990.00 OF 

WIDCH COST AN ESTIMATED $1,473,593.00 IS TO BE BORNE BY PROPERTIES 

SPECIA.LLY BBNEFlTI'ED AND AN ESTIMATED $5&11,396.20 BY 111E CITY AND 

BOROUGH; AND $2,000,000.00 BY THE FEDERAL . IUGHWAYS 

ADMINISTRATION; DIRECTING THAT Tim WORK. BE DONE; CREATING 

SPECIAL ASSESSMENT FUND NO. n; AUTHORIZING THE ISSUANCE AND 

SALE OF SPECIAL ASSESSMENT BONDS IN AN AMOUNT ESTlMATED TO BE 

NEEDED TO MEET THE COSTS TO BE BORNE BY 'ffiB PROPERTY SPECIALLY 

BENEFITTED; AND FINDING THAT SPECIAL BENEFIT TO THE PROPERTY 

WITHIN THE DESCRIBED DISTRICT EXISTS AND ntAT EACH LOT OR TRACT 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 40

SENT BY:XHOX Telecapier 1021 :11-24-93 a:J5AM 90?4632606-

'WITHIN THE DISTRICT WILL BE SPECIALLY BENEFTITED IN PROPORTION TO 

THE AMOUNT ASSESSED. 

BE IT ENACTED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF 

JUNEAU, ALASKA: 

• Section l. CJmjflt;&tipn. This ordinance is a noncode ordinance. 

+ Section 2. Elndjpg that I. I D js jn the Public lntcrur, The Assembly of the 

City and Borough of Juneau, having considered all material. factors lnclw:l.iq the 

deterrence to property development. ma.imenance of property values, he.alth, safecy and 

welfare of the businesses, employees, and property owners in the proposed local 

improvement disnict. finds that the formation of a local improvemeru district covering 

propetty described in E:Wbit"A' attac:Md to thb ordinance, to be known u Local 

lmplvvement District No. 77 of thi= City and Borough of Juneau, i~ in the publil: intemt. 

~ Section 3. Cre!!t!on Hod BgnMar!u. There Is created Local lmprovemo.nt 

Distriet No. 77 (bereinaftcr "L.I.D. No. 77"). The boundaries of L.J.D. No. 77 are 

described in Exhibit 'A· attached to this ordi!Wlce and made a part hereof. 

~Section 4. Imprmimnc;ntl! 10 be Constructed. The improvemems to be consttucted. 

consist of lmptoviiiJ tho subbase and drain.aa:e; and placing a minimum of two Ux:hes of 

asphalt pavement. 

• Section 5. Estimawt Cost TM estima!ed cost of eontl~on of tho project, 

including rb: wJmared cost of Interim l'lnancing and bond issuance coscs ill $4,061,990.00. 

"' Section 6. Source otFunda. The portion of construaion costS to be met with cley 

and borough funds ill estimated to be 5588,396.20. The portion of construction com to 

be met from the IHOiiSDWitS lfllnst the properties specWly bcctfitted 19 estimved 10 be 

$1,473,593.80. The portion of construCtion cost!i 10 be met from Federal Highways 

Administration funds b $2,000,000.00. 

"'Section 7. Qjtf!!:!lgn that Work he; Po!!Cj. The city and borough administruion 

i! hereby ordered to do or cause to be doru: all things necessary and useful to plan, 

acquire, construet, and imtall the improvemems described. ill Section 4. 

"' Section 8. Authgdzation m Acquim I and. The city and borough is hereby 

a\llhorized to acquire any lands or riglru in Lmd oeccssazy or usefUl for the project. 

·2- Ord. 93-391I!l 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 41

SENT sv:xerox Telecopier 7021 ;n-24-93 s:3~AM 9074532506 .. 9074655100;; 4 

'"Section 9. AlllltPilriaripn. There is hereby appropriated !he sum of 

$4,061.990.00 tor rhe costs of the project Including the acquisition of prop~:ny and tm: 

construction of the improvementS described in 5eo;;tion 4. 

• Section 10. Sgeejal Msssmept Fund, Thl:re is creared within the central treasury 

a special tl.u!d of the city and borough known as Special Assessment Pund No. 77. SUch 

fund shall be used for the purposes of payiq the costs of the project, tm: payment of 

principal and inu:nlst on the Bonds, if any, and any odlf:r CQ8t of the project. All proceeds 

from the sale of bonds, if any, city and borough funds, wessme:ms and all other receipts 

aha.!! be paid into the lUnd. 

'" Section 11. Sll"jnl Msesement Bnnd,. Special assessment district bonds may be 

IUed to pay all or pan of the cosu of the prt~ject and the issuanqo and sale of such bonds 

in an amount estimated to be needed to lllCCt the costll to be borne by the property specially 

bcnl:ifrttcd is authorized. The property within L.I.D. No. 77 may be pledged to ~the 

payment of the bond..! and the Ucn so created sha!J constitute a lien on the property junior 

only to real property taxes and any prior assessments. Assessments levied constirote a 

sinting fund for the payment ofp~ aiJi imcrest on the bo!ld.J. The amount, Jll&tUrity 

schedule, intMe.!t rate, coveoana and other terms, condltions and details of the bond! sbaJl 

be dc:termi=l by further ection of the Assembly. 

*Section 12. p!pdtnr of Spcc;;Jal B;n;flr. The Assembly of the City and Borouab 

of Juneau hmeby finds tbat the property within L.l.D. No. 77 described In Exhibit 'A • 

will be specially benefitted by the improvement and each lot or tract within such dlatrict 

will be specially ~ in proportion to the amoum: separately assessed to each lot or 

tract. 

'"Section 13. MgbOO gf AQPOmonjng Cpst:s. Com to be borne by the properties 

specially benefitted shall be apportioned at the rate of $1450,00 for Ioiii up to and 

including SO limal feet abuttini the improvement. Lou in excess of 50 llnoal feet shall 

be charged an a.ddltional $10.00 per foot up to a maximum of 145 f=t. Lou conuining 

multi-family SliilCDll'CS with more !han 3 units liild mobile home parla with over 3 spaces 

sball b8 subjKt tO an additional cl:uup of SZOO per unit or 8J)Ke. Com=r Iota with lllOie 

than one aide abuttiu&' tbD improvement shall be assessed for the longtte $miJli side only. 

If one sid= of a corner lot hu been pa~ by 11. prior L.I.D. or subdlvb:ion development, 

IIQ ad4ltional usessmem. shall be chari!i!d. 

• Section 14. Pmy!ymepr.jn-Fu!! DjiCOJlDI No prepayment-iD.-full discount ia 

provided. 

-3- oro. 93-39am 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 42

SENT ay:xerox Telecopar 7021 :ll-24-93 ; a:nAM 9074632506 .... 

~Section 15. Effectiw; Date, This ordinance shall be effective thirty day3 after its 

adop[ion. 

Adopted this 17th day of November, 1993. 

Mayor 

Attest: 

-4- Ord. 93-l!hm. 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 43

(~K·~ OFl.i'IQ;:i; 

\PPROV£1') . '--· d.-/.'!:-.06 

Submitted by: Chair of the Assembly At 

The Request of the Mayor 

Prepared by: Department of Health and 

Human Services 

For reading: January 24, 2006 

ANCHORAGE, ALASKA 

AO NO. 2006- 13 

l AN ORDINANCE AMENDING ANCHORAGE MUNICIPAL CODE CHAPTERS 15.80 AND 

2 15.85 TO COMPLY WITH STATE liM RJ:GULATIONS AND TO COMPLY WITH DMV 

3 ELECTRONIC PROCEDURES. 

4 

5 THE ANCHORAGE ASSEMBLY ORDAINS: 

6 

7 Section 1. Anchorage Municipal Code section 15.80.010 is hereby amended to read as follows 

8 (the remainder of the section is not affected and therefore not set oul): 

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15.80.010 General provisions. 

c. Certificate ofimpection. [I3EGrNNING ON OR AFTER JANUARY 1, 2000, TWO 

VERSIONS OF TJ Ibe certificate of inspection shall [WILL) be [UTILIZED]: 

l 12]. [A]A windshield sticker which is affixed to the lower left side portion ofthe 

interior front windshield. 

2. 

[A PAPER CERTIFICATE OF INSPECTION THAT IS PRINTED BY THE 

EIS AND VALIDATED IN A MANNER IDENTIFIED BY THE IJM 

PROGRAM ADMrNISTRA TOR.) 

A certificate of inspection [AND] windshield sticker issued in accordance 

with the procedures specified in this chapter [THE 1/M PROGRAM 

DESIGN), not more than ninety{902 days previous, shall be required priorto 

vehicle registration or vehicle registration renewal with the state division of 

motor vehicles for all vehicles subject to the requirements of this chapter 

lTHE I/M PROGRAM DESIGN). 

*** *** *** 

(AO No. 84-110; AO No. 85-8; AO No. 87-27; AO No. 87-35; AO No. 88-154(S); AO No. 

88- J 84; AO No. 93-216(S), § 1, 2-I 5-94; AO No. 94-195, § 1, 1 0-25-94; AO No. 96-137(S), 

§§ 1--6, 1-2-97; Ord. No. 96-154, § 1, 1-2-97; AO No. 99-160, § 1, l-11-00; AO No. 2000-

92, § 1, 8-15-00; AO No. 2003-44, § I, 3- I 8-03) 

Editor's note: AO 2000-92 (amended and approved 8-15-00) contains changes to this section 

conditioned and effective upon State approval. 

AM 52-2006 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 44

1 

AO amending chapters 15.80 and 15.85 

Vehicle Inspection and Maintenance Program 

Page 2 of9 

2 Section 2. Anchorage Municipal Code section 15.80.020 is hereby amended to read as follows: 

3 

4 

5 

15.80.020 Referee station. 

6 The I/M program [DESIGN IS TO PROVIDE THAT THE] referee station f ANTICIPATED 

7 IN THE 1/M PROGRAM DESIGN] shall be offered for operation either directly or by the 

8 private sector. 

9 

1 o (AO No. 84-11 0; AO No. 99-160, § 2, 1-11-00) 

11 

12 Section 3. Anchorage Municipal Code section 15.80.060 is hereby amended to read as follows 

13 (the remainder of the section is not ciffected and therefore not set out): 

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15.80.060 Waiver for seasonal use vehicles. 

B. An application for a seasonal use waiver may be completed at the liM program office 

and shall be signed by the applicant and notarized. Upon approval by the JIM 

program administrator's office of the seasonal use waiver application, the applicant 

shall be issued an I/M certificate of inspection seasonal waiver [AND A J windshield 

sticker. 

**"' *** *"'* 

25 (/\0No.93-222(S),§ 1,8-l-94;A0No.95-118,§ 1,9-J-95;A0No.99-132,§2, 11-9-99; 

26 AO No. 99-160, § 6, 1-11-00) 

2 7 Editor~~ note: AO 2000-92 § 3 (amended and approved 8-15-00) contains changes to this 

2 8 section conditioned and effective upon State approval. 

29 

3 0 Section 4. Anchorage Municipal Code section 15.85.210 is hereby amended to read as follows 

31 (the remainder 4the section is not affected and therefore not set out): 

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4 4 

15.85.210 Certificate of inspection [AND STICKER]. 

A. All vehicles requiring a certificate of inspection under section 15.85.220 shall obtain 

a certificate of inspection [(BOTH PAPER AND WINDSHIELD VERSIONS)] at 

least biennially. A certificate of inspection required under this chapter may be issued 

only by the JIM program administrator, the referee facility, or a station certified under 

section 15.85.420. [BEGINNING ON OR AFTER JANUARY 1, 2000, TWO 

VERSIONS OF THE CERTJFICATE OF INSPECTION WILL BE UTILIZED: 

1. A VALID PAPER CERTIFICATE OF INSPECTION THAT: 

A. IS PRINTED BY THE EIS AND VALIDATED IN A MANNER 

IDENTifiED BY THE I/M PROGRAM ADMINISTRATOR; 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 45

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AO amending chapters 15.80 and I 5.85 

Vehicle Inspection and Maintenance Program 

Page 3 of9 

B. 

B. 

c. 

IS SIGNED BY A CERTIFIED I/M MECHANIC WHO ATTESTS 

THAT !·IE/SHE HAS INSPECTED THE Vl:HICLE AND THAT 

THE VEHICLE HAS PASSED AN JIM TEST; AND 

BEARS THE STATEMENT ABOVE THE MECHANIC'S 

SIGNATURE THAT FALSE STATEMENTS, 

REPRESENTATIONS, OR CERTIFICATIONS MAY BE 

PUNISHABLE BY LAW.J 

[2.] The certificate of inspection shall be a windshield sticker [WHICI·I IS) affixed to 

the lower left side portion of the interior front windshield of a vehicle that has passed 

an I/M test or has received arrl/M waiver or JIM exemption. 

Visual identification of certificate of inspection 

1. 

2. 

The [WINDSHIELD VERSION OF THEJcertificate of inspection: 

*** *** *** 

c. shall [MUST] be affixed on a vehicle at the time of inspection by the 

certified mechanic who performs the inspection and conespond to the 

valid electronic record [PAPER VERSION OF THE CERTIFICATE 

OF INSPECTION]; and 

*** *** *** 

The liM program administrator shall: 

a. 

b. 

hold each certified station accountable for all [WINDSHlELD 

VERSIONS OF THE] certificate~ of inspection that were issued to 

that station by the municipality; and 

establish procedures in this chapter for appropriate enforcement 

action to be taken against a station for any windshield certificates of 

inspection that are missing and cannot be accounted for. 

(AO No. 99-160, § 7, 1-11-00; AO No. 2000-92, § 4, 8-1 5-00) 

Editor's note: AO 2000-92 (amended and approved 8-15-00) contains changes to this 

section conditioned and effective upon State approval. 

3 8 Section 5. Anchorage Municipal Code section 15.85.220 is hereby amended to read as follows 

3 9 (the remainder oft he section is not affected and therefore not set out): 

40 

4 1 

42 

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44 

45 

15.85.220 Vehicles requiring certificate of inspection. 

**>i< *** *** 

B. Exemptions. Notwithstanding the requirements of section 15.85.220A, the following 

vehicles are exempt from the requirements ofthe I/M program: 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 46

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AO amending chapters 15.80 and 15.85 

Vehicle Inspection and Maintenance Program 

Page 4 of9 

C. 

D. 

*** *** *** 

4. a model year 2004 or newer vehicle, except these vehicles shall have their 

first 1/M inspection when the current calendar year equals the vehicle model 

year plus four years, and subsequent inspections cverv two years thereafter. 

[A MODEL YEARVEHICLE EQUAL TO THE CURRENT CALENDAR 

YEAR OR THE CURRENT CALENDAR YEAR MINUS ONE. 

THEREfORE, IN CALENDAR YEAR 1997, MODEL YEAR 1997 AND 

MODEL YEAR 1996 (1997- 1) VEHICLES ARE EXEMPT.J 

*** *** *** 

Frequency of inspections. All non-exempt vehicles arc required to be inspected in 

accordance with this chapter [I/M PROGRAM DESIGNJ. 

1. Motorists operating non-exempt vehicles shall obtain a certificate of 

inspection [AND STICKER] not more than ninety (90) days prior to initial 

registration with DMV. Unless specifically approved by the program 

administrator, non-exempt vehicles shall obtain a certificate of inspection 

[AND STICKER] not more than ninety {90} days prior to the registration 

[RENEWAL] expiration date [OR NOT MORE THAN ONE YEAR (365 

DAYS) PRIOR TO CHANGE OF OWNERSHIP DATE]. 

2. Motorists operating non-exempt vehicles shall have their vehicles inspected 

at a certified station by a certified mechanic and shall obtain a valid 

certificate of inspection [AND STICKER] within thirty (301 days of entering 

the mw1icipality. 

3 r 4]. failure to comply with these emission inspection requirements may result in a 

fine of$50.00 to $1,000.00 as provided under section 15.05.120A of this 

title. 

[A MOTOR VEHICLE DEALER MAY USE A CERTIFICATE Of 

lNSPECTION THAT WAS ISSUED WITHIN THE PREVIOUS 12 

MONTHS TO REGISTER A USED MOTOR VEHICLE lf: 

A. THE DEALER USES THE CERTIFICATE TO REGISTER THE 

VEHICLE IN THE PURCHASER'S NAME; 

B. AND THE CERTIFICATE WAS ISSUED WHILE THE VEiliCLE 

WAS HELD IN THE DEALER'S INVENTORY FOR SALE. 

C. AFTER TilE VEHICLE IS REGfSTERED UNDER THIS 

SUBSECTION, TilE CERTifiCATE IS INVALID AND MAY NOT 

DE USED TO REGISTER THE VEHICLE AGAIN OR TO RENEW 

VEHICLE REGISTRATION.] 

Tran.ifer of ownership. Sellers of non-exempt vehicles[, MODEL YEAR 1987 OR 

OLDER,] arc required to provide buyers of said vehicles with current I/M certificates 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 47

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AO amending chapters l 5.80 and 15.85 

Vehicle lnspection and Maintenance Program 

Page 5 o!9 

of inspection or noncompliance. Specifically: 

I. 

2. 

Prior to the deli very of the vehicle to the buyer, the seller of a non-exempt 

vehicle shall provide [PRESENT] to the purchaser of the vehicle either: 

a. A current [V ALIDJ I/M certificate of inspection issued not more than 

two [ONE] year~ prior to the date of sale and/or date of delivery to 

the purchaser; [,] or [:] 

*** *** *** 

Sellers of vehicles sold through an impound sale in accordance with 

AS 28.1 0.502, or sections 9.28.026 and 9.50.020 of this code, arc exempt 

from the above I/M requirement provided: 

a. Vehicles are sold without license [CERTIFICATE] plates;[.] and[;J 

*** *** *** 

1 9 (AO No. 99-160, § 7, l-11-00; AO No. 2000-92, § 5, 8-15-00) 

2 0 Editor's note: AO 2000-92 (amended and approved 8-15-00) contains changes to this section 

21 conditioned and effective upon State approval. 

22 

2 3 Section 6. Anchorage Municipal Code Section 15.85.230 is hereby amended to read as follows 

2 4 (the remainder ofthe section is not affected and therefore nor set out): 

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15.85.230 Initial inspections. 

*** 

c:. 

*** *** 

An initial inspection shall be performed at a certified J/M station on a vehicle (TBA T 

IS] scheduled for an I/M test or [IS] within ninety (90} days oflicense or registration 

[CERTIFICATE] expiration before the vehicle is subjected to any emission-related 

repairs for which the charge is more Lhan $30. 

34 (A0No.99-160,§7,1-ll-OO) 

35 

3 6 Section 7. Anchorage Municipal Code section 15.85.235 is hereby amended to read as follows 

3 7 (the remainder oft he section is not ajjected and therefore not set out): 

38 

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<13 

LJ 4 

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15.85.235 Special waivers. 

*** 

c. 

*** *** 

Outside lhe l UUE]. Upon receipt of required documentation, the JIM program 

administrator may approve a wai vcr and issue a certificate of inspection for a vehicle 

[THAT IS J registered in, but not operated or located in, the I/tv1 program area. A 

windshield sticker shall [WILL] not be issued in conjunction with an outside use 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 48

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AO ~:unending chapters I 5.80 and I 5.85 

Vehicle Inspection and Maintenance Program 

Page6of9 

E. 

waiver. A waiver issued under this subsection shall be valid for one inspection cycle. 

*** *** *"'* 

Parts unavailability. Upon receipt of required documentation, supplied by the station 

[WHlCH] performing [ED] the I/M test and producing [ED] the estimate of repairs, 

the referee may approve a waiver and issue a certificate for a vehicle that cannot be 

repaired due to the unavailability of parts to repair the vehicle. A waiver issued 

under this subsection shall be valid for one inspection cycle [, AS SPECIFIED 

UNDER 18 AAC 52.070(D) AND !8 AAC 52.070(E)J. For a vehicle to qualify tor a 

waiver under this subsection, the vehicle shall be referred [BY THE STATION] to 

the referee facility by means of a properly completed referee referral form. 

*** *** *** 

1 4 (AO No. 99-160, § 7, l-1 l-00; AO No. 2000-92, § 6, 8-15-00). 

15 Editor's note: AO 2000-92 (amended and approved 8-15-00) contains changes to this section 

16 conditioned and effective upon State approval. 

17 

18 Section 8. Anchorage Municipal Code section 15.85.270 is hereby amended to read as follows 

19 (the remainder of the section is not affected and therefore not set out): 

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15.85.270 Definitions [TERMINOLOGY). 

*** *** *** 

Certificate of inspection means[: A.] a [VALID PAPER VERSION USED FOR VEHICLE 

REGISTRATIONS AT DMV, A] windshield sticker [VERSION TJIAT REPRESENTS 

THE VISUAL IDENTIFICATION OF THE CERTIFICATE Of- INSPECTION,] or an 

electronic file version of the certificate [THAT IS] automatically transferred to DMV for 

registration of the vehicle by phone or internet~ issued to a motorist whose vehicle has 

received a waiver; or whose vehicle passed the required lHAS RECEIVED A PASSING] 

J/M test. The windshield sticker shall be affixed to the vehicle passing an JIM test or 

receiving a waiver. [THE VALID PAPER VERSION IS A fORM THAT: 

I. JS PRINTED BY THE EIS AND VALIDATED IN A MANNER 

IDENTIFIED BY THE IMPLEMENTING AGENCY, 

2. IS SIGNED BY A CERTIFIED MECHANIC WHO ATTESTS THAT liE 

OR SHE HAS INSPECTED THE VEHICLE AND THAT THE VET-HCLE 

HAS PASSED AN I/1.1 TEST, AND 

3. BEARS THE STATEMENT ABOVE THE MECHANIC'S SIGNATURE 

THAT FALSE STATEMENTS, REPRESENTATIONS, OR 

CERTIFICATIONS MAY BE PUNISHABLE BY LAW; 

B. THE WINDSHIELD VERSION IS TO BE AFFIXED TO THE VEHICLl: THAT 

HAS PASSED AN I/M TESTOR HAS RECEIVED A WAIVER.] 

4 4 Licensed [CERTIFICATED] (vehicle) means a vehicle assigned l! unique license 

4 5 tCERTTFICATE] plate[S] [(TWO)] issued by DMV with a matching registration including 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 49

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t\0 amending chapters 15.80 and 15.85 

Vehicle Inspection and Maintenance Program 

Page 7 of9 

[THAr INCLUDES] a record of a current or expired license [CERTIFICATE] plate year tab 

number. 

*** *** *** 

OBQ Test means an I/M inspection on a 1996 or newer model year vehicle equipped with a 

manufactmer-installed on-board diagnostic system. 

*** *** 

Registration or Registered (vehicle) means a registration record, computer or hard copy, 

issued by the State of Alaska Division of Motor Vehicles (DMY) from an application 

submitted by the vehicle owner. The record discloses information on the specific vehicle 

including, but not limited to, the license [CERTIFICATE] number, vehicle identification 

number, the registered owner(s) name, residence and mailing address and the expiration date 

[STATUS] ofthc license [CERTIFICATE] plates [EXPIRATION]. 

*** *** "'** 

(AO No. 99-160, § 7, 1-11-00; AO No. 2000-92, § 7, 8-15-00) 

Editor's note: 1\.0 2000-92 (amended and approved 8-15-00) contains changes to this section 

conditioned and effective upon State approval. 

21 Section 9. Anchorage Municipal Code section 15.85.350 is hereby amended to read as follows 

2 2 (the remainder oft he section is not affected and therefore not set out): 

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15.85.350 Program evaluation and reporting. 

*** 

C. 

*** *** 

The program administrator shall prepare and submit an annual report to the ADEC 

consistent with the reporting requirements of 18 AAC 52.0~7 [40[(K) AND 18 AAC 

52.040(1)1. 

31 (A0No.99-160,§7, 1-11-00) 

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33 Section 10. Anchorage Municipal Code section 15.85.380 is hereby amended to read as follows 

3 4 (the remainder{!( the sec/ion is not affected and therefore not set out): 

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15.85.380 Certificates of inspection. 

"'** 

E. 

*** *** 

Certified I/M stations shall sell replacement stickers for vehicles that have had the 

current [ORIGINAL] sticker destroyed. The certified I/M station shall [MUST] 

require proof that the current sticker has been destroyed. This proof may include 

pieces of the sticker with identifying numbers or a receipt showing the windshield 

has been replaced. After receiving satisfactory proof the mechanic shall follow the 

instructions on the EJS, issue the new sticker [AND PAPER CERTifJCJ\TEl, and 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 50

1 

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AOamendingchapters 15.80and 15.85 

Vehicle Inspection and Maintenance Program 

install the sticker on the windshield. 

Page 8 of9 

3 (AO No. 99-160, § 7, l-1 1-00; AO No. 2000-92, § 8, 8-15-00) 

4 Editor's note: AO 2000-92 (amended and approved 8-I 5-00) contains changes to this section 

5 conditioned and effective upon State approval. 

6 

7 Section 11. Anchorage Municipal Code section 15.85.620 is hereby amended to read as follows 

8 (the remainder cifthe section is not affected and therefore not set out): 

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15.85.620 Preliminary inspection and safety check. 

c. The owner or operator of an I/M station, or a certified I/M mechanic employed by the 

station, shall refer the following vehicles to the referee facility for inspection, or to 

verify qualification for a waiver under section 15.85.235: 

**>i< *** *** 

Q. [7]. a vehicle (THAT CAUSES THE EIS TO ABORT THE liM TEST lF THE 

CONDITION THAT CAUSED AN ABORT APPEARS] ~ [TO BE DUE 

TO] incompatible with [INCOMPATIBILITY BETWEEN THE VEHICLE 

AND] the EIS. 

lA USED VEHICLE THAT WAS PURCHASED FROM A PERSON 

ENGAGED IN THE BUSINESS OF SELLING USED VEHICLES AND 

THAT REQUIRES A TRANSFER Of OWNERSHIP UNDER AS 

45.45.400(A); FOR A VEHICLE DESCRIBED IN THIS PARAGRAPH, 

THE CERTJFIED MECHANIC OR STATION SHALL REfER THE 

MOTORIST TO THE DEALER WHO SOLD THE VEHICLE;J 

3 0 *** *** *** 

31 (AO No. 99-160, § 7, 1-11-00) 

32 

3 3 Section 12. Anchorage Municipal Code section 15.85.660 is hereby amended to read as follows 

3 4 (the remainder of the section is not affected and therefore not set out): 

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15.85.660 Maintenance and calibration. 

A. A certified I/M station operator shall ensure fTHATl all equipment used in the 

performance of emission repairs is properly maintained. EIS's ~Q<JU [MUST] be 

maintained and serviced Qy [UNDER A CONTRACT WITH] the vendor of the 

system or a third party approved by the vendor of the system. 

4 3 *** *** *** 

4 4 (AO No. 99-160, § 7, 1-11-00) 

45 

'"I ___ ,_ 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 51

AO amending chapters 15.80 and 15.85 

Vehicle Inspection and Maintenance Program 

Pagc9of9 

1 Section 13. Anchorage Municipal Code section 15.85.740 is hereby amended to read as follows 

2 (the remainder of the section is not affected and therefore not set out): 

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15.85.740 List of aftermarket parts. 

D. 

*** 

*** *** 

In addition to the listed aftermarket parts, certified UM stations may use other 

aftermarket replacement parts that are functionally identical to the original equipment 

parts in all respects that in any way affect emissions. An example of such a part 

would be a replacement engine hose [NOSE). Explicit approval of such a 

replacement part by either the CARB or the UM program administrator is not 

required, although the CARB docs require the manufacturers of such parts to 

maintain records such as test data to substantiate that the replacement pa11s arc 

functionally identical to the original equipment parts. 

*** *** 

(AO No. 99-160, § 7, 1-ll-00) 

Section 14. This ordinance shall become effective immediately upon passage and approval by the 

Assembly, subject to approval of these Municipal liM Program amendments by the State of Alaska, 

Department of Environmental Conservation. 

PASSED AND APPROVED by the Assembly this I Lj{!;. day of (-c.'bit.-(C<r, 2006. 

AT'l'EST: 

_f_!A4f_f2---- 5. ;0-ki£',-./;t~ 

Municipal Clerk 
Alaska City and County Ordinances EPA-APPROVED ALASKA REGULATIONS AND STATUTES 52

MUNICIPALITY OF ANCHORAGE 

Summary of Economic Effects-- General Government 

AO Number: 2006 -13 

Sponsor: Mayor 

Title: An ordinance amending Anchorage Municipal Code Chapter 15.80 

and 15.85 to comply with state 1/M regulations and to comply with 

DMV electronic procedures 

Preparing Agency: Department of Health and Human Services 

Others Impacted: 

CHANGES IN EXPENDITURES AND REVENUES: (In Thousands of Dollars) 

FY04 FYOS FYOS FY07 FYOS FY09 

Operating Expenditures 

FY10 

1 000 Personal Services 

2000 Non-Labor 

($62) 

($10) 

($ 172) no further reductions anticipated 

3900 Contributions 

4000 Debt Service 

TOTAL DIRECT COSTS: 

Add 6000 Charges from Others 

Less: 7000 Charges to Others 

FUNCTION COST: 

REVENUES: 

CAPITAL: 

POSITIONS: FT/PT and Temp 

$ 

$ 

PUBLIC SECTOR ECONOMIC EFFECTS: 

$ $ (72) 

$ ($72) 

($72) 

-1 

$ (172) $ $ $ 

$ (172) $ $ $ 

($172) no further reductions anticipated 

-2 

As a result of this ordinance, in 2006 and in 2007 two-year old vehicles will not be liM tested for the first time. Due 

to the mid-year implementation of changing 1/M test frequency from annual to biennial in 1997, the number of 

vehicles tested in a typical even year is somewhat higher than in an odd year. 

Reorganization of 1/M and air quality staff as well as reduction in other direct and indirect charges will be 

necessary. 

2004 2005 2006 2007 2008 2009 2010 

Current Ordinance-

#Vehicles Tested 100,840 96,000 104,900 101,400 109,900 106,400 114,900 

Proposed Ordinance -

#Vehicles Tested 100,840 96,900 100,900 91,850 105,900 96,850 110,900 

Difference - # 

Vehilcles Tested 0 0 (4,000) (9,550) (4,000) (9,550) (4,000) 

Revenue Change@ 

$18 Pr/Test $0 $0 ($72,000) ($172,000) 

PRIVATE SECTOR ECONOMIC EFFECTS: 

The liM test industry will see similar reductions in number of vehicles to be 1/M tested. There may also be 

decreases in numbers of repairs performed on new vehicles, however many new vehicle repairs will continue to 

be performed by dealers on vehicles still under warranty. Vehicle owners may defer routine maintenance. 

Owners of three and four most recent model year vehicles will save the cost of 1/M tests and certificates. Should 

repairs and maintenance be deferred, those costs will also be saved. 

Prepared by: Beverly K. Wooley Telephone: 343-6300 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 53

ORDINAJ\CE OF THE CITY AND BOROUGH OF JUNEAU, ALASKA 

Se rial No. 2008-28 

An Ordinance Amending the Woodsmoke Control Program 

Regarding Solid Fuel-Fired Burning Devices. 

BE IT ENACTED UYTHEASSEMBLY OF THE CITY AND BOROUGH OF JUNEAU, ALASKA: 

Section 1. Classification. This ordinance is of a general and permanent nature 

and sha ll become a part of the City and Dorough Code. 

Section 2. Amendment of Chapter. CJ3,J 35.40 Solid Fuel-Fired Burning 

Devices is amended to read: 

36.40.010 Findings. 

The assembly of the City and Borough finds that there has been a significant and 

unprecedented increase in the installa tion and use of solid fuel-fired burning devices 

in the City and Borough; tha t the increase in such installations and use in the 

Mendenhall Valley has been especially great; that such devices genera1ly produce a 

high level of harmful airborne pollutants; and that the above conditions combined with 

atmospheric conditions throughout the municipality and other factors causing 

recurring smoke pollution conditions are detrimental to the health of, and offensive to, 

the people of Juneau. It is the purpose of this chap ter to reduce the increase of airborne 

pollutants from open burning and from solid fuel-fired heating devices a t the times and 

in the areas of the City and Borough that appear to be most adversely affected by such 

pollutants. 

36.40.020 Smoke hazard area map adopted. 

There are adopted as the maps identi(ying the smoke areas of the City and 

Borough t he maps entitled "Mendenhall Vfllley Smoke Hazard Area Map, City and Borough of Juneau, Alaska," dated September 30, 1985, and "Lemon Creek Smoke 

Area Map," dated December 10, 1985. 

36.40.030 Definitions. 

The followi ng words, t erms and phrases when used in this chapter, shall have the 

meanings ascribed to them in this section, except where the context cleady indicates 

a different meani ng: 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 54

direction befo re entering the chimney and which delivers heat by radiation from the 

masonry surface of the heater, or as othe rwise define d in the current ve rsion of the 

Internationa l Building Code. Masonry heaters shall comply with one of the following: 

L Masonry heaters shaU comply with the requirements of ASTM E 1602; or 

2. Masonry heaters shall be listed and labeled in accorda nce with UL 1482 a nd 

installed in accordance with the manufacturer's installation instructions. 

Open burning means the burning of a material which results in the products of 

combustion being emitted directly into the ambient a ir without passing t hro ugh a stack 

or flue, but not including the burning of campfires, barbecues, candles or tobacco. 

Particulate matter means any combination of particles transported in the air that 

are e ither coarse (be tween 2.5 micrometers and 10 micrometers) or fine (2.5 

micr ome ters or less). The two types of pa rticulate matter have separate regulatory 

r equirements. These particles can form from solids or liquids and ca n be a health 

hazard wher. inhaled. 

Person means a n individual, partnership corporation, company or other 

association. 

Solid fuel-fired hea ting device and device mean a device designed fo r solid fuel 

combustion so that usable heat derived for the interior of a building, and includes 

solid fuel-fired stoves, fireplaces, solid fue l-fired cooking stoves and combination fuel 

furn aces or boilers which burn solid fuel, but does not include stoves, fireplaces, furnaces, or boilers designed and used exclusively fo r the combustion of wood pellets 

havi ng a maximum length of one inch in any dimension. 

36.40.040 Air pollution alerts and emergencies. 

(a) For the purposes of this section, the manager shall declare an air pollution 

emergency to be in effect whenever the ambient concentration of particulate matte r 

within the air pollution zone equals or exceeds thirty micrograms per cubic meter 

(ug/m3) averaged over a 24-hour period and will rema in at or a bove 30 ug/m3 if an 

emergency is not called. The ma nager may call an emergency whenever available 

scientific and meteorological da ta indicate t ha t the ambient concentration of 

particula te ma tter within a smoke hazard a rea can reasonably be expected to equal or 

exceed 30 ug/m:l averaged ove r a 21-hour period. When, in the opinion of the manager, 

meteorological a nd scientific data indicate that the type of particulate measured is not 

hazardous, the limit may be adjusted. The manager may call a n emerge ncy upon a 

finding th a t smoke <;u nditions a re, or are likely to become, a da nger to health or 

genera lly objectionable to persons in a smoke area. 

-2- Ord. 2008-28 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 55

(c) Reserved. 

(cl) Reserved. (e) Notice of a n air pollution emergency is adequate if published in a newspaper 

of general circ ulation within the City and Borough, or if given orally at least three 

times during a six-hour period by a t least two radio stations operating within the City 

and Borough, or if made available to the general public in the form of a r ecorded 

telep hone message the telephone number for which is published in the telephone 

direc tory or newsp aper of general circulation within the City and Borough, or if made 

available to the general public as a posting on the municipal webpage the address for 

which is published in t he te lephone directory or newspaper of general circulation with in the City and Borough. 'I'he prohibition shall be effective from the earlier of the 

time stated in the notice, 6:00 p.m. of the day the notice is published in a newspaper, 

the time the last required announcement of the notice is given by radio, or two hours 

after the time the recorded message is first made available by telephone or webpage. 

(f) Notwithstandin g the provisions of subsection (b) ofthis section, solid fuel fired 

heating devices may be used at any location during a loss of electrical power service to 

that location. Use of the device may commence no sooner t han cwo hours after the loss 

of e lectrical service and sha ll be terminated as soon as practicable after 

reestablishment of service. 

36. 40.05 0 Reserved. 

36.40.060 Open burning. 

(a) No person may engage in the open burning of a ny material except as 

authorized by a valid open burning permit. Open burning permits may be issued by the 

manager or the manager's designee upon application. No permit may be issued for open 

burning in the Mendenhall Valley or the Lemon Creek smoke ha zard a reas during the 

period of November 1 through March 31. Open burning by commercial businesses is not 

allowed. 

(b) Open burning per mits shall be valid only for the times and locations specified 

m the permit. Permits shall be iss ued only when weathe r conditions or smol<e 

conditions arc not such as to cause the burning to be, or be like ly to become , a danger 

to the public health or generally objectiona ble. The manager or the manager's designee may base such determination upon direct observation or upon reports or forecasts from 

ot he r agencies. 

(c) A person may e ngage in open burning only if the fire is tended to at all times; 

the is no t within 50 feet of a ny building; the prevailing wind direction is away from 

any structure or roadway; and the open burn is conducted during a period of adequate 

air movement. 

-3· Ord. 2008-28 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 56

enhanced combustion. 

(c) No person may cause or allow open burn ing which creates a dange r to public 

health or safety or a public or private nuisance. No person may cause or allow the open 

burning of aspha lt, rubber, plastic, tar, wire insulation, petroleum products, 

automobile parts, petroleum-treated products, treated lumber, oily waste, 

contaminated oil cleanup materials, or other materials i n a way that produces black 

smoke; or of putrescible garbage, animal carcasses, or petroleum-based materials. 

(f) "Open burning" means the burning of a material that results in the products 

of combustion being emitted directly into the ambient air without passing through a 

cont ammant outlet. 

(g) This section 36.40.060 i.s applicable only to those portions of the City and 

Borough within the Roaded Service /\rea No. 9. 

36.40.070 Permits. 

(a) Upon a showingofjustifiable need, the manager may issue a temporary permit 

authorizing operation of a solid fuel fired hea ting device in circumstances otherwise 

prohibited by this code. "Justifiable need" includes occasions when a furnace or central 

heating system is inoperable other than through the owne1·'s own actions or neglect. 

(b) The manager may issue a temporary special burning permit to the municipal 

fire department for the purpose of training fire fighters, if the fire is restricted to a 

building or structure or a permanent training facility, and if the material to be burned 

is not allowed to smolder afler the training session has terminated and no public 

nuisance is created. Special burning permits will not be issued during either an air 

alert or an air emergency. 

36.40.080 Solid fuel combustion and smoh:e emission standa rds. 

(a) :-.Jo person shall use a solid fuel-fired heating device for the combustion of any 

material other than paper, cardboard or un treated wood. 

(b) No person may operate a solid fuel-fired heating device in such a manner tha t 

visi ble emissions reduce visibility through the exhaust effluent by 50 percent or greater 

for more than 15 minutes in any one hour as determined by a test conducted in 

substantial compliance with the regulations applicable to the visual determina tion of 

stationary source em ission opacity promulgated at 40 CFR 60, Appendix A, by the 

United States Environme ntal Protection Agency; provided, and notwithstanding any 

contrary provisions in the regulation, opacity observation shall be made at the point 

of greatest opacity in any portion of the emissions plume without regard to the 

presence or a bsence of condensed water vapor. 

-4· Ore!. 2008-28 
EPA-APPROVED ALASKA REGULATIONS AND STATUTES 57

Section 3. Effective Da te. Thi£ ordinance shall be effe ctive 30 days after its 

adop tion. 

Adopted this 811' day of September, 2008. 

Bruce Botelho, Mayor 

Attest: 

·5- Ord. 2008-28