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Ord. 0258 07-23-73AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS TO RP MOWN AS THE "CITY OF PEARLAND MECHANICAL CODE": PROVIDING FOR THE ADOPTION AND INCORPORATION BY REFERENCE OF THE SOUTHERN STANDARD MECHANICAL CODES, 1973 EDITION; PROVIDING FORA PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR REPEAL OF ALL ORDmIAN('RS OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE -DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. ADOPTION OF REGULATIONS For the purpose of establishing rules and regulations for the installation of mechanical systems, new or existing, in- cluding alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances thereto, including but not limited to, ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy -related systems, within the corporate city limits or extraterritorial jurisdiction of the City of Pearland, Texas, there is hereby adopted and incorporated by reference as the City of Pearland Mechanical Cnle, that certain Mechanical Code known as the Southern Standard Mechanical C cr3 , 1973 Fri ti on, recommended and published by the Southern Building Code Congress, copyright 1973, which code is published in book form and which is referred to, incorporated here- in, and made a part hereof for all purposes, a copy of which cute is filed of record in the Office of the City Secretary. Provided however, that Section 109 of the Southern Standard Mechanical Code, 1973 Frlition, entitled "Violations and Penalties" is hereby expressed excepttrl from this adoption and is in all respects inapplicable, and the penalty for violation of any provision of the adopted code shall be as hereinafter provided. Provided further, that in the event any conflict may arise between the provisions of the Mechanical Code adopted by this Ordinance and any other applicable provisions of State law or City Ordinance, rule or regulations, the provisions of this code, State Law or City Ordinance, rule or regulations shall prevail and be controlling. Section 2. DEFINITIONS (a) Whenever the terms "Local Governing Body" or "Chief Appointing Authority" or "Administrative Authority" or "Appropriate Authority of the Jurisdiction" are used in the code adopted by this ordinance they shall be construed to mean the City Council of the City of Pearland, Texas. (b) Whenever the term "Department of Law" is used in the code adopted by this ordinance it shall be construed to Wean the City Attorney of this City. (c) Whenever the term "Nechanical Official" is used in the code adopted by this ordinance, it shall mean the City of Penland Building Inspector, or his duly authorized deputy or assistants, or any other officer of the City designated by the City Council having the duty to enforce the Nechaniral regulations of the City. Section 3. VIOLATIONS AND PENALTIES Any person, firm or corporation or agent who shall violate any provision of any section or sub -division of this Mechanical Cole adopted by this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Twenty-five ($25.00) Dollars nor more than Two Hundred ($200.00) Dollars for each offense, and each and every day that such vio- lation continues shall constitute a separate offense. Section 4. REPEAL OF ORDINANCES OR PARTS OF ORDINANCES All ordinances in force when this ordinance becomes effective and which ordinances are inconsistent herewith or in conflict with this ordinance, and the code adopted herewith, are hereby repealed, insofar as said ordinances, or parts of said ordinances are inconsistent or in conflict with this ordinance. All of Section 3 "Fees for Air Conditioning and Heating" as in- corporated in Ordinance No. 224 , is hereby expressly repealed. Section 5. SEVERABTT,TTY The City Council of the City of Pcarland, Texas, does hereby declare that if any section, sub -section, paragraph, sen- tence, clause, phrase, work or portion of this ordinance is - 2 - declared invalid or unconstitutional, by a court of competent jurisdiction, that in such event it would have passed and or- dained any and all remaining portions of this ordinance without the inclusion of that portion or portions which may be so found to be unconstitutional or invalid and declares that its intent is to make no portion of this ordinance dependent upon the valid- ity of any other portion thereof, and that said remaining portions shall continue in full force and effect. Section 6. 'PUBLICATION AND EFFECTIVE DATE This ordinance shall take effect and be in force on the tenth (10) day after its publication in the official city news- paper of the City of Pearland, Texas. PASSEL) AND APPROVED ON FIRST READING this day of , A.D., 1973. ATTEST: CITY OF PEARLAND, TEXAS By: City Secretary Mayor PASSED AND APPROVED ON SECOND AND FINAL READING this day of , A.D., 1973. ATTEST: CITY OF PEARLAND, TEXAS By: City Secretary Mayor Publication Date: Effective Date.