HomeMy WebLinkAboutOrdinance - 2017-O0059 - Chapter 10 Fire Prevention - Liquefied Petroleum Gas - 05/25/2017First Reading Second Reading
Item No.6.18 Item No.6.27
May 11,2017 May 25, 2017
ORDINANCE NO.2012=00059
AN ORDINANCE AMENDING CHAPTER 10 "FIRE PREVENTION"ARTICLE 10.06
"LIQUEFIED PETROLEUM GAS"REGULATING LIQUEFIED PETROLEUM GAS WITHIN
THE CITY OF LUBBOCK'S JURISDICTION BY ADOPTING THE TEXAS RAILROAD
COMMISSION LIQUEFIED PETROLEUM GAS SAFETY RULES IN CONFORMITY WITH
THE TEXAS NATURAL RESOURCES CODE;REPEALING ALL OTHER PORTIONS OF
ARTICLE 10.06 OF THE CITY OF LUBBOCK CODE OF ORDINANCES;PROVIDING FOR
VIOLATIONS AND A PENALTY;PROVIDING A SAVINGS CLAUSE;AND PROVIDING
FOR PUBLICATION.
WHEREAS,under Section 113.051 of the Natural Resources Code,the Legislature has
mandated that the Texas Railroad Commission "...promulgate and adopt rules or standards or
both relating to any and all aspects or phases of the LPG industry that will protect or tend to
protect the health,welfare,and safety of the general public;"and
WHEREAS,the Texas Railroad Commission has adopted Liquefied Petroleum Gas
Safety Rules;and
WHEREAS,the City of Lubbock has interpreted and applied Article 10.06 of its Code
of Ordinances in compliance with the applicable Texas Railroad Commission Rules and State
law consistently since September 1,2011;and
WHEREAS,this ordinance shall include the elimination of any ordinance that presents
a conflict,of any kind, with applicable Texas Railroad Commission Rules or the Constitution
and laws of the United States and the State of Texas.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF LUBBOCK,
TEXAS:
SECTION 1.Chapter 10,Article 10.06,entitled "Liquefied Petroleum Gas,"Divisions 1 through
6 be, and hereby are,repealed in their entirety and replaced as follows:
ARTICLE 10.06.LIQUEFIED PETROLEUM GAS
Sec.10.06.001 Adoption of Liquefied Petroleum Gas Safety Rules
The City hereby adopts the Liquefied Petroleum Gas Safety Rules previously adopted by
the Texas Railroad Commission as set forth in Title 16 of the Texas Administrative Code,
Chapter 9,including any and all future amendments thereto.The rules hereby adopted are
on file in the Fire Marshal's Office and City Secretary's Office all such copies shall be
opened to public inspection during business hours of the offices where they are
maintained.
Sec.10.06.002 Enforcement
The code hereby adopted shall be enforced by the City of Lubbock Fire Marshal's Office.
Sec. 10.06.003 Construction of City codes
All ordinances, orders, rules, or codes adopted by the City shall be construed in a manner
consistent with Article 10.06 on all matters relating to Liquefied Petroleum Gas.
Sec. 10.06.004 Conflict with City codes
In the event of conflict between any ordinance, order, rule, or code adopted by the City
and Article 10.06, Article 10.06 shall control.
Sec. 10.06.005 Adoption of rules, regulations, policies, practices, procedures, or
standards
City staff shall not adopt or enforce any rule, regulation, practice, policy, procedure, or
standard that conflicts with Article 10.06.
Sec. 10.06.006 Construction with other law
Article 10.06 shall not be construed so as to conflict with the Texas Railroad Commission
Liquefied Petroleum Gas Safety Rules, including any and all future amendments thereto,
or the Constitution and laws of the United States and the State of Texas.
See.10.06.007-10.06.185 Reserved
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the City
of Lubbock, Texas.
SECTION 3. THAT if any part or portion of this ordinance shall be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect or impair any remaining portions or
provisions of the ordinance.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative means
of publication provided by law.
PASSED AND APPROVED on first reading on the 11th day of May , 2017.
PASSED AND ADOPTED on second and final reading on the istilay of May , 2017.
LJ)Y----
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza
City Slbcretary
APPROVED AS TO CONTENT:
Lance Phelps
Fire Chief
Garett Nelson
Fire Marshal
APPROVED AS TO FORM:
R n rook
Assi tant City Attorney
ccdocs/Ord.LPG Ordinance repeal
05.02,17