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2018-004 Amending Chapter 12, Article II Liquefied Petroleum GasWHEREAS, the City of Paris has previously enacted Chapter 1.2, 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 Flealth 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 IPC, with amendments, and WHEREAS, the City Council wishes to bring Chapter 12, Article 11 into compliance with state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C:ITY 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 II: 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have not been preempted by state law," Section 3, That Section 12-37, "Use near natural gas line prohibited" is hereby repealed in its entirety, and Sections 12-37-1.2-50 shall be reserved.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provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.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 S. 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 from and after its passage. PASSED AND ADOPTED on this 12th day of February, 2018, Stev n J;�Clifford, l)., Mayor ATTEST: S nice Ellis, City Clerk Stephanie fl. f larris, City Attorney