HomeMy WebLinkAbout09886ORDINANCE NO. 9886
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 2020
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.
The National Electrical Code,\[2017\] 2020 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 to the "N.E.C." shall mean the National Electrical Code,
\[2017\] 2020 Edition, adopted by this Section.
SECTION 2.
A public hearing to consider the adoption of this Ordinance and the National
Electrical Code, 2020 Edition, with modifications, shall be held in the Council Chambers,
City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m. on Monday, February 22,
2021. 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 2020 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 2020 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
2020 National Electrical Code.
SECTION 5.
The Council finds and declares that certified true copies of the National Electrical
Code, 2020 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 2020 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 2020 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, 2020 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, 2020
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.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance which are necessary or desirable to implement same.
REMAINDER OF PAGE INTENTIONALLY
LEFT BLANK
SECTION 8.
This Ordinance shall become effective July 1, 2021.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 8, 2021.
Final adoption of Ordinance by City Council on February 22, 2021.
President of City Council
Action by the Mayor:
☒ Approved on February 24, 2021.
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 8, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: David Vaughn, Pueblo Regional Building Department
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 2020
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 for consideration is a proposed Ordinance to adopt the 2020 National Electrical Code.
PREVIOUS COUNCIL ACTION:
Every three years Council considers adoption of the current version of the National Electrical
Code with minor amendments. The Council adopted the 2017 National Electrical Code April 9,
2018.
BACKGROUND
The State requires local jurisdictions to adopt the current version of the National Electrical Code
within twelve months after the State Electrical Board has adopted the National Electrical Code.
Section 12-115-107, C.R.S. The State Electrical Board adopted the 2020 National Electrical
Code on July 15, 2020. The attached Ordinance contains a July 1, 2021 effective date for the
2020 National Electrical Code within the City.
FINANCIAL IMPLICATIONS:
There will be expected financial implications regarding construction due to changes from the
2017 to 2020 National Electrical Code. The amount will be determined by the size of the
project.
BOARD/COMMISSION RECOMMENDATION:
The Pueblo Regional Building Electrical Board of Appeals approved the adoption of the 2020
National Electrical Code with minor amendments at the meeting on November 12, 2020 and
recommends this Ordinance be approved.
STAKEHOLDER PROCESS:
The General Contractors Association, the Home Builders and the Electrical Union are aware
that this Ordinance will be considered by the Council.
ALTERNATIVES:
Failure to adopt this Ordinance would result in a violation of Colorado statutes.
RECOMMENDATION
Approval of the Ordinance.
Attachments: Proposed Ordinance