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OR 97-793 Certain swimming pools be constructed to NSPI standards AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 97793 AN ORDINANCE OF CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAFFER 15, ARTICLE 15-1, SECTION 15-1-2(2.3); PROVIDING AMENDMENTS TO THE UNIFORM BUILDING CODE, 1994 EDITION TO REQUIRE CERTAIN SWIMMING POOLS TO BE CONSTRUCTED TO NSPI STANDARDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE THE PENALTY SHAIJ. BE THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALl. BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CTFY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be and the same is hereby amended by amending Chapter 15, Article 15-1, Section 15-1-2(23) in part to read as follows: "Sec. 15-1-2 AMENDMENTS 2.3. APPENDIX Chapter 4, Division I (1994 Uniform Building Code) is hereby amended to read as follows: 1 SS8329 GENERAL See. 419. The provisions of these sections (419 through 421) apply to the design and construction of barriers for swimming pools located on the premises of Group R, Division 3 occupancies and Group R, Division 1 occupancies. Additionally, swimming pools constructed for use in Group R, Division 1 and other nonresidential occupandes for public or semi public use, shall be designed to meet minimum NSPI standards, and all safety and accessib'~ity devices shall be installed per the manufacturers requirements. SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in fuli force and effect. SECTION 4. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, finn or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, except however, where a different penalty has been established by state law for such offense the penalty shall be that fixed by 2 SSg329 state law, and for any offense which is a violation of any provision of law that governs fire safely, zoning or public health and sanitation, including dumping of refuse, the penalty slmll be a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day said violation is continued slmll constitute a separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, the ~I,?,/) day of IL- '! -::,/. i/-// ,1997. APPRO : TOM MORTON, MAYOR ATTEST: KATHI.F.k':N ROACH, CITY SECRETARY AlPROe AS TO FORM: -. _.;, ,_ ,; PETER G. SMITH, CITY ATTORNEY (PGS/ttl 411197) 3 888329