(a) 
Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference the International Mechanical Code, 2021 edition, published by the International Code Council Inc.) 4051 West Flossmoor Road, Country Club Hills, IL, 60478-5795, subject to such additions, deletions and amendments as are set forth in this article.
(b) 
One copy of such Code is available for inspection or purchase in the office of the town clerk during regular business hours.
(Ord. No. 24-6, 9/3/2024)
Section 101.1, Title, Scope and General Requirements, Title, of the International Mechanical Code adopted in this article, is hereby amended by substitution of "Town of Mt. Crested Butte" for (NAME OF JURISDICTION) in the first sentence.
(Ord. No. 24-6, 9/3/2024)
(a) 
Section 106.2, Permits, Permits not required, of the International Mechanical Code adopted in this article, is hereby amended by the addition of an exemption as follows:
9. 
A mechanical installation where a building permit has been acquired.
(b) 
Section 109.2, Fees, Schedule of permit fees, of the International Mechanical Code adopted in this article, is hereby amended in its entirety to read as follows:
Section 109.2, Schedule of permit fees.
The fee for each permit shall be as set forth in Table 1-AM.
TABLE 1-AM — MECHANICAL PERMIT FEES
Fee
Permit Issuance and Heaters*
1.
For the issuance of each mechanical permit.
$50
2.
For issuing each supplemental permit for which the original permit has not expired, been canceled or finished.
$50
Unit Fee Schedule (Note: The following do not include permit-issuing fee.)
1.
Repairs or Additions
•
For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code.
$50
2.
Air Handlers
•
For each air-handling unit to and including 10,000 cubic feet per minute (cfm), including ducts attached thereto.
$50
•
For each air-handling unit over 10,000 cfm.
$50
3.
Evaporative Coolers
•
For each evaporative cooler other than a portable type.
$50
4.
Ventilation and Exhaust
•
For each ventilation fan connected to a single duct.
$50
•
For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit.
$50
•
For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood.
$50
5.
Miscellaneous
•
For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table.
$50
*Note: This fee does not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code.
(c) 
Section 109.6, Fees, Refunds, of the International Mechanical Code adopted in this article, is hereby amended in its entirety to read as follows:
The code official shall authorize the refunding of fees as follows:
1. 
The full amount of any fee paid hereunder which was erroneously paid or collected.
2. 
Not more than eighty (80) percent of the permit and plan check fees where work has not been done under a permit issued in accordance with the code.
The Code Official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 after the date of fee payment.
(Ord. No. 24-6, 9/3/2024)
(a) 
Section 113.4 Stop Work Order, failure to comply, of the International Mechanical Code adopted in this article, is hereby amended so that the section reads as follows:
Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not more than $2,650.
(b) 
Section 115.4 Violations, Violation Penalties, of the International Mechanical Code adopted in this article, is hereby amended in its entirety and replaced with the following text:
Persons who violate a provision of this code or fail to comply with any of the requirements thereof who erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issue under the provisions of this code, shall be guilty of a civil offense, punishable by a fine of not more than $2,650. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. No. 24-6, 9/3/2024)
Section 403.1 Mechanical Ventilation, Ventilation System, of the International Mechanical Code and adopted in this article, is hereby amended with the addition of the following paragraph as follows:
Bathrooms containing showers and/or baths and other similar rooms shall have a mechanical ventilation system connected directly to the outside capable of providing eight air changes per hour. The point of exterior discharge shall be at least 3 feet from any opening which allows air entry into occupied portions of the building.
(Ord. No. 24-6, 9/3/2024)
Section 905 Fireplaces Stoves and Room Heaters of the International Mechanical Code adopted in this article, shall be amended by the addition of the following section and subsections:
Section 905.4 Solid fuel burning, Definitions.
Approved
shall mean a solid fuel burning device which meets the requirements of regulation No. 4 of the Colorado Air Quality Control Commission revised and adopted Feb. 16, 1995, as subsequently revised, and/or is an EPA Phase 2 Qualified Fireplace or Fireplace Retrofit Device.
Floor Area
shall mean the sum of the gross horizontal areas of all floors of a structure as defined in the zoning chapter of the code of the Town of Mt. Crested Butte, Colorado.
Non-Approved
shall mean a solid fuel burning device which does not meet the requirements of regulation No. 4 of the Colorado Air Quality Control Commission revised and adopted Feb. 16, 1995 and as subsequently revised, and/or is not an EPA Phase 2 Qualified Fireplace or Fireplace Retrofit Device.
Public Areas
shall mean areas in a structure open to the general public.
Solid Fuel Burning Device
shall mean a device which is designated to burn any form of solid fuel and includes all of the following:
Factory-built Fireplace
is a listed assembly of a fire chamber, its chimney and related factory made parts designed for unit assembly without requiring field construction and contained within an enclosure.
Masonry Heater
means an appliance designed for or capable of burning wood, capable of and intended for domestic space heating which meets the following criteria:
(1)
a factory-built or site-built wood burning appliance whose core is constructed primarily of manufacturer-built, supplied or specified masonry materials (i.e., stone, cemented aggregate, clay, tile or other non-combustible non-metallic solid materials) which weighs at least 800 kilograms;
(2)
The firebox effluent of the masonry heater travels horizontally and/or downward through one or more heat absorbing masonry duct(s) for a distance at least the length of the largest single internal firebox dimension before leaving the masonry heater;
(3)
The appliance has one or more air-controlling door(s) for fuel-loading which are designed to be closed during the combustion of fuel loads, and which control the entry of combustion air (beyond simple spark arresting screen(s)) to one or more inlet(s) as prescribed by the masonry heater manufacturer;
(4)
The appliance is assembled in conformance with the Underwriters' Laboratories-listed and/or manufacturer's specifications for its assembly and, if the core is constructed with a substantial proportion of materials not supplied by the manufacturer, is certified by a representative of the manufacturer to be substantially in conformance with those specifications;
(5)
The appliance has a label permanently affixed to the appliance identifying its manufacturer and model.
For the purposes of this definition,
i.
Horizontal or downward travel distance is defined as the net horizontal and/or downward internal duct length, measured from the top of the uppermost firebox door opening(s) to the exit of the masonry heater as traveled by any effluent on a single pathway through duct channel(s) within the heater (or average of net internal duct lengths for multiple pathways of different lengths, if applicable). Net internal duct length is measured from center of the internal side or top surface of a duct, horizontally or vertically to the center of the opposite side or the bottom surface of the same duct and summed for multiple ducts or directions on a single pathway, if applicable. For duct channel(s) traversing horizontal angles of less than ninety degrees from vertical, only the net actual horizontal distance traveled is included in the total duct length.
ii.
The largest single internal firebox dimension is defined as the longest of either the length or the width of the firebox, measured from the hearth to the top of the uppermost firebox door opening(s).
Outdoor Fireplace
shall mean an open solid fuel burning device that is manufactured for outdoor use.
Pellet Stove
means a wood heater which meets the following criteria:
(1) 
The manufacturer makes no reference to burning cordwood in advertising or other literature,
(2) 
The unit is safety listed for pellet fuel only,
(3) 
The unit's operating and instruction manual must state the use of cordwood is prohibited by federal law, and
(4) 
the unit must be manufactured and sold including a hopper and auger combination as integral parts.
Site-Built Fireplace
means a fire chamber, its chimney and related parts, assembled on-site.
Wood Stove
is a wood-fired appliance with a closed fire chamber which maintains an air to-fuel ratio of less than 30 during the burning of 90 percent or more of the fuel mass consumed in the low-firing cycle. The low-firing cycle is less than or equal to 25 percent of the maximum burn rate achieved with doors closed or the minimum burn rate achievable that is designed to be free standing.
Structure
shall mean an enclosed habitable building in which one or more than one dwelling or commercial units is present as defined in the Zoning chapter of the Code of the Town of Mt. Crested Butte, Colorado.
Section 905.4.1, Solid fuel burning devices.
A person may install the following solid fuel burning devices and pay the appropriate fees. The solid fuel burning license fee is $2,000.00, if applicable, per installed device, paid to the Town of Mt. Crested Butte. The building official shall have the authority to approve alternative solid fuel burning devices if they determine the alternative device is in compliance with the intent and purpose of this code.
1.
New Construction/Additions.
(a)
A person may install one approved solid fuel burning device in any structure with no solid fuel burning license fee due.
(b)
A person may install additional approved solid fuel burning devices in a structure and be subject to the $2,000.00 solid fuel burning license fee for each additional device.
(c)
A person may install two non-approved open, wood burning fireplaces per structure, in public areas, in developments in excess of 50,000 square feet of floor area and be subject to two, $2,000.00 solid fuel burning license fees. In no case shall there be more than two non-approved wood burning fireplaces allowed in any new construction.
(d)
A person may install one outdoor fireplace per structure with no solid fuel burning license fee due.
2.
Fireplace Renovation/Stove Retrofit.
(a)
A person may replace an approved solid fuel burning device with an approved solid fuel burning device, with no solid fuel burning license fee due.
(b)
A person shall replace any non-approved solid fuel burning devices with an approved solid fuel burning device during any fireplace renovation or wood stove retrofit with no solid fuel burning license fee due.
(Ord. No. 24-6, 9/3/2024)
Section 907.1 Incinerators and Crematories, General, of Chapter 9, Specific Appliances, Fireplaces and Solid Fuel-Burning Equipment, of the International Mechanical Code adopted in this article, is hereby deleted in its entirety.
(Ord. No. 24-6, 9/3/2024)