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OR 88-423 Adopts the Uniform Mechanical Code, 1988 edition AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 88423 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING SECTION 15-3-1 OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL BY ADOPTING THE UNIFORM MECHANICAL CODE, 1988 EDITION, REGULATING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OR MATERIALS, LOCATION, OPERATION AND MAINTENANCE OR USE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYSTEMS, INCINERATORS AND OTHER HEAT PRODUCING APPLIANCES WITHIN THE CITY OF COPPELL, TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; REPEALING ALL PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, THE PENALTY SHALL BE THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION THAT GOVERNS FIRE SAFETY, PUBLIC HEALTH AND SANITATION OR DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITTER ABATEMENT ACT, ARTICLE 4477- 9a, VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is deemed necessary to provide minimum standards to regulate the design, construction, installation, quality of materials, location, operation and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other heat producing appliances within the City to protect public safety, health and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. TITLE This ordinance shall be known as "THE CITY OF COPPELL MECHANICAL CODE." SECTION 2. ADOPTION OF UNIFORM MECHANICAL CODE The certain code volume, a copy of which is on file in the office of the City Secretary, being marked and designated as "UniformMechanical Code", including Appendix, Chapters A, B, C and D, 1988 Edition, published by the International Association of Plumbing and Mechanical Officials, be and the same is hereby adopted as the Mechanical Code of the City of Coppell, Texas for regulating the design, construction, installation, quality of materials, location, operation and maintenance or use of heating, ventilation, cooling, refrigeration systems, incinerators and other heat producing appliances within the City, providing for the issuance of permits and collection of fees therefor; except as portions are hereinafter deleted, modified or amended, a copy of said volume being attached hereto as Exhibit "B" and made a part hereof the same as if fully set out at length herein. SECTION 3. REPEALING CLAUSE All parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby repealed. However, the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded within all respects as if such prior ordinance or ordinances has not bee repealed. SECTION 4. SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; except where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law, and for any offense which is a violation of any provision that governs fire safety, public health and health and sanitation or dumping of refuse as that term is defined by section 2.09 of the Texas Litter Abatement Act, article 4477-9a, Vernon's Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 6. EFFECTIVE DATE This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the 22nd day of November, 1988 APPROVED: Lou Duggan MAYOR ATTEST: Dorothy Timmons, City Secretary APPROVED AS TO FORM: CITY ATTORNEY