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Home My WebLink About09250 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 12, 2018 TO: Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting 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 2017 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, 1 BATTERYMARCH PARK, QUINCY, MASSACHUSETTS 02169-7471, AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF SUMMARY: Attached is an Ordinance which adopts the 2017 version of the National Electric Code. PREVIOUS COUNCIL ACTION: City Council has routinely adopted updates to building regulations recommended by the Pueblo Regional Building Department. BACKGROUND: This Ordinance is necessitated by the promulgation of the 2017 edition of the National Electric Code. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Pueblo Regional Building Department recommends approval of this Ordinance. STAKEHOLDER PROCESS: The Pueblo Association of Home Builders and Pueblo General Contractors Association have not raised any objections to the changes in Chapter 3 made by this proposed Ordinance. ALTERNATIVES: Failure to enact this Ordinance will result in the City operating under an outdated National Electric Code. This could result in a lowering of the building department’s Insurance Services Office, Inc. (“ISO”) rating. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance ORDINANCE NO. 9250 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 2017 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 indicates new matter being added) SECTION 1. Section 1 of Chapter 3, Title IV, of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 4-3-1. National Electrical Code and International Code Council Electrical Code Administrative Provisions; adoption by reference. \[\] 2017 The National Electrical Code,2014 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 Annex I, but excluding Informative Annexes H and J, 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., 4051 West Flossmoor Road, Country Club 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 \[\] 2017 to the "N.E.C." shall mean the National Electrical Code, 2014 Edition, adopted by this Section. SECTION 2. Section 2 of Chapter 3, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to revise subsection (a) of Section 4-3-2 to read as follows: Sec. 4-3-2 – N.E.C. amendments. (a) Section 230.70(A) of the N.E.C. is amended by the addition of a new Subparagraph (4), to read as follows: “(4) Meter Base. The length of service entrance conductors from the meter base to the main disconnecting means shall be located immediately back to back or side \[ to side of the meter.The length of such conductor shall not exceed ten (10) feet in \] length.” SECTION 3. Section 7 of Chapter 3, Title IV, of the Pueblo Municipal Code is hereby amended to read as follows: \[\] Reserved Sec. 4-3-7. Electrical inspectors \[ All persons now holding or subsequently appointed to the position of Electrical Inspector in the Regional Building Department shall possess the same qualifications required of state electrical inspectors under the provisions of Section 12-23-115, C.R.S., and shall be licensed by \] and be registered with the Colorado State Electrical Board prior to the assumption of their duties. SECTION 4. A public hearing to consider the adoption of this Ordinance and the National Electrical Code, 2017 Edition, with modifications, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m. on March 26, 2018. The City Clerk is directed to publish notice of such hearing pursuant to Section 31-16-203 of the Colorado Revised Statutes. SECTION 5. The adoption of this Ordinance, the 2017 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 6. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted 2017 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 2017 National Electrical Code. SECTION 7. The Council finds and declares that certified true copies of the National Electrical Code, 2017 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 4 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2017 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 2017 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 8. 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, 2017 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, 2017 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 9. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance which are necessary or desirable to implement same. SECTION 10. This Ordinance shall become effective June 30, 2018. INTRODUCED March 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: April 9, 2018