11 - Amending Chapter 12, Article II, Liquefied Petroleum GasItern No. 11
TO: City Council
FROM: Stephanie 14. Harris, City Attorney
SUBJECT: Amendment to Code of Ordinances Chapter 12, Article 11, -LIQUE11ED
PETROLEUM GAS," to bring it into compliance with state law.
DATE: January 31, 20 18
BACKGROUND: In 2010, Council adopted Article 11 to Chapter 12 of the Code of Ordinances
in which the City prohibited use of liquefied petroleum gas (I -PG) within 100 1-�cct of natural
gas distribution line. Since that time, changes in state law have preempted the ability of cities to
restrict in any way the use or installation of' LPG or any, other specific fuel gas pipe product
which is approved for use and installation by the International I'Llel Gas Code (fFGC). The
legislation did not preempt a municipality's ability to enforce portions of the international codes
that regulate (rather than restrict or prohibit) permitting and proper installation and use of LPG.
STATUS OF ISSUE: The proposed amendment repeals the prohibition related to use of LPG
near natural gas distribution lines and clarifies that in the City LRG is governed by the IFGC, the
International Fire Code (IFC), the International Building Code (113C) and the International
Plumbing Code ([PC) as adopted and amended by the City (most recently in 2017) or as may be
later re -adopted and amended. '"I'hese revisions should bring the ordinance into compliance with
state law.
BUDGET: The revision has no budgetary impact.
RECOMMENDATION: Pass and adopt the proposed ordinance revisions.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 12, ARTICLE 11, "LIQUEFIED PETROLEUM GAS," BY
REMOVING RESTRICTIONS AND LIMITATIONS ON THE USE OF
LIQUEFIED PETROLEUM GAS CONSISTENT WITH STATE LAW; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris has previously enacted Chapter 12, Article 11,
"LIQUEFIED PETROLEUM GAS," ("LPG") to regulate the use of said fuel and
WHEREAS, state law, namely Texas Natural Resources Code Sec. 113.054 and Texas
I-lealth and Safety Code Sec. 775.071., now prohibits local regulation restricting the use or
installation of LPG or any other specific fuel gas pipe product that is approved for use and
installation by the International Fuel Gas Code; and
WHEREAS, said legislation does not prohibit municipalities from enforcing
provisions in the International Fuel Gas Code (IFGC), International Fire Code (IFC),
International Building Code (IBC), and International Plumbing Code (IPC) relating to the
permitting, proper installation and use of LPG fuel gas systems; and
WHEREAS, on July 10, 2017 the City Council adopted the 2015 editions of the IFGC,
IFC, IBC and .CPC, with amendments; and
WHEREAS, the City Council wishes to bring Chapter 12, Article If into compliance
with state law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Chapter 12, Article 11, "LIQUIFIED PETROLEUM GAS," shall be
amended to read in its entirety as follows:
"ARTICLE 11. LIQUEFIED PETROLEUM GAS
"Sec. 12-36.. Applicable laws and regulations.
"Liquefied petroleum gas shall be regulated by state law and by the,
International Fuel Gas Code, the International Fire Code, the International Building
Code, and the International Plumbing Code, as adopted and amended in this Code of
Ordinances, and as may be hereinafter readopted and amended to the extent the
provisions in said codes have not been preempted by state law,"
Section 3. That Section 12-37, "Use near natural gas line prohibited" is hereby
repealed in its entirety, and Sections 12-3712-50 shall be reserved.
Section 4. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That this ordinance shall become effective frons and after its passage.
PASSED AND ADOPTED on this 12th day of February, 2018.
Steven J. Clifford, MR, Mayor
F.119#UV
Janice Ellis, City Clerk
Stephanie 1-1. Harris, City Attorney