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Home My WebLink About08895 ORDINANCE NO. 8895 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO ELECTRICAL REGULATIONS AND ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE 2014 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, ONE BATTERYMARCH PARK,QUINCY, MASSACHUSETTS 02169-7471, AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted; underscoring indicated matter being added.) SECTION 1. Section 4 of Chapter 3, Title IV, of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Section 4-3-1. National Electrical Code and International Code Council Electrical Code Administrative Provisions; adoption by reference. \[\] 2014 The National Electrical Code, 2011 Edition, promulgated and published by the National Fire Protection Association, One Batterymarch Park, Quincy, Massachusetts 02169-7471, referred to as the "N.E.C.," is adopted in its entirety, including Informative Annexes A through G inclusive and Informative \[\]\[\] Annexesand J, Annex I, but excluding Informative Annex H and the together with the International Code Council Electrical Code Administrative Provisions, 2003 Edition, except the sample ordinance form contained therein, \[ promulgated by the International Code Council, Inc., Suite 600, 5203 Leesburg \] 4051 West Flossmoor Road, Country Club Pike, Falls Church, Virginia 22041 Hills, IL 60478-5795 , hereinafter referred to as the "I.C.C.E.C.A.P.," as amended by this Chapter, are adopted and enacted by reference; provided, however, that the following portions of the I.C.C.E.C.A.P. are not adopted and are expressly deleted: Paragraph 5 of Section 401.3, entitled "Work Exempt From Permit," Section 404.2, entitled "Schedule of Permit Fees,” Section 1102, entitled “Membership” and Section 1103, entitled “Procedures.” Copies of the N.E.C., including adopted Informative Annexes A through G and Informative Annex I and the I.C.C.E.C.A.P., are available in the office of the Pueblo Regional Building Department ("Department") for distribution and sale to the public. Any reference in this Chapter to the "N.E.C." shall mean the National \[\] 2014 Electrical Code,2011 Edition, adopted by this Section. SECTION 2. A public hearing to consider the adoption of this Ordinance and the National Electrical Code, 2014 Edition, with modifications, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m. on July 13, 2015. The City Clerk is directed to publish notice of such hearing pursuant to Section 31-16-203 of the Colorado Revised Statutes. SECTION 3. The adoption of this Ordinance, the 2014 National Electrical Code and the International Code Council Electrical Code Administrative Provisions, 2003 Edition, shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance or said codes. No person, firm, corporation, or other entity shall have any private right of action, claim, or civil liability remedy against the City of Pueblo or Pueblo Regional Building Department, or their officers, employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or said codes. Nothing in this Ordinance or in said codes shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, Section 24-10-101, C.R.S. et seq., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents. SECTION 4. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2014 National Electrical Code is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or of the 2014 National Electrical Code. SECTION 5, The Council finds and declares that certified true copies of the National Electrical Code, 2014 Edition, and the International Code Council Electrical Code Administrative Provisions, 2003 Edition, have been on file in the office of the City Clerk of the City of Pueblo for not less than 15 days preceding the public hearing referred to in Section 2 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2014 National Electrical Code and a copy of the 2003 International Code Council Electrical Code Administrative Provisions shall be kept in the office of the Pueblo Regional Building Department, 830 N. Main Street, Suite 100, Pueblo, Colorado 81003. Copies of the 2014 National Electrical Code and the 2003 International Code Council Electrical Code Administrative Provisions shall be available through the Pueblo Regional Building Department for purchase by the public. SECTION 6, It shall be unlawful and a municipal offense for any person, firm, partnership, corporation, limited liability company or other entity to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Ordinance or of the National Electrical Code, 2014 Edition, or the International Code Council Electrical Code Administrative Provisions, 2003 Edition adopted herein. Any person found guilty of a violation of this Ordinance or of the National Electrical Code, 2014 Edition, or the International Code Council Electrical Code Administrative Provisions, 2003 Edition shall be punished as provided in Section 4-3-8 of the Pueblo Municipal Code, as amended. In addition thereto, the City is authorized to enforce this Ordinance through the exercise of any one or more of the remedies set forth in Section 4-3-8 of the Pueblo Municipal Code, as amended, which remedies are hereby expressly declared to be cumulative, the exercise of any one or more not constituting any bar or limitation to the exercise of any other. SECTION 7. This Ordinance shall become effective 30 days after final passage. INTRODUCED: June 22, 2015 BY: Chris Nicoll PASSED AND APPROVED: July 13, 2015 City Clerk’s Office Item # R-10 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 22, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: David C. Vaughn, Building Official SUBJECT: AN ORDINANCE AMENDING CHAPTER 3 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO ELECTRICAL REGULATIONS AND ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE 2014 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, ONE BATTERYMARCH PARK, QUINCY, MASSACHUSETTS 02169-7471, AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF SUMMARY: Attached is an Ordinance which makes revisions to Chapter 3 of Title IV relating to building regulations and adopting the National Electrical Code, 2014 Edition. PREVIOUS COUNCIL ACTION: City Council has routinely adopted updates to building regulations on roughly a six-year cycle. Generally the changes conform to changes in national and international building codes, however, local modifications are made following input from local stakeholders. BACKGROUND: This Ordinance is necessitated by the promulgation of the 2014 National Electrical Code and the City’s policy to stay current with national and international building codes. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: On February 13, 2014, the Electrical Board of Appeals voted to approve adoption of the 2014 National Electrical Code. The Regional Building Department recommends approval of the Ordinance. STAKEHOLDER PROCESS: The Pueblo Association of Homebuilders and the Pueblo General Contractors Association have not raised any objections to the adoption of the 2014 version of the National Electrical Code or this proposed Ordinance. ALTERNATIVES: Failure to enact this Ordinance results in the City operating under building codes which are not the most recent national and international codes. This could result in a lowering of the building department’s Insurance Services Office, Inc. (“ISO”) rating. RECOMMENDATION: Approve the Ordinance.