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Home My WebLink About10685 City Clerk's Office Item # R5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 8, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Mark Guerrero 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 PORTIONS OF THE 2023 NATIONAL ELECTRICAL CODE PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, ONE BATTERYMARCH PARK, QUINCY, MASSACHUSETTS 02169-7471, AND THE 2003 INTERNATIONAL CODE COUNCIL ELECTRICAL CODE ADMINISTRATIVE PROVISIONS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 4051 FLOSSMOOR ROAD, COUNTRY CLUB HILLS, IL 60478-5795, AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF SUMMARY: Attached for consideration is a proposed Ordinance to adopt the 2023 National Electrical Code and 2003 International Code Council Electrical Code Administrative Provisions. PREVIOUS COUNCIL ACTION: Periodically, Council considers adoption of the current version of the National Electrical Code with minor amendments. The Council adopted the 2020 National Electrical Code February 22, 2021. BACKGROUND: The State allows for the City to adopt standards which are more restrictive than those adopted by the State Electrical Board and requires local jurisdictions to adopt the current version of the National Electrical Code with any more restrictive provisions 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 2023 National Electrical Code, effective July 30, 2023. FINANCIAL IMPLICATIONS: There will be expected financial implications regarding construction due to changes from the 2020 to 2023 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 th 2023 National Electrical Code with minor amendments at the meeting on Feb 8, 2024 and recommends this Ordinance be approved. STAKEHOLDER PROCESS: The Pueblo General Contractors Association, the Pueblo Association of Home Builders and the Electrical Union are aware that this Ordinance will be considered by the Council. Reference letters have been provided. RH Builders reference letter Mathew Brothers Electric reference letter. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. 2021 IPC 2023 NEC Endorsement - RH Builders 2. 2023 Code Adoption Letter - Matthew Brothers Electric ORDINANCE NO. 10685 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO ELECTRICAL REGULATIONS AND ADOPTING BY REFERENCE PORTIONS OF THE 2023 NATIONAL ELECTRICAL CODE PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, ONE BATTERYMARCH PARK, QUINCY, MASSACHUSETTS 02169- 7471, AND THE 2003 INTERNATIONAL CODE COUNCIL ELECTRICAL CODE ADMINISTRATIVE PROVISIONS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., 4051 FLOSSMOOR ROAD, COUNTRY CLUB HILLS, IL 60478- 5795, AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: 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, 2023 Edition (September 1, 2022), 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 (December 2002), 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, 2023 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 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 load side terminals of the meter base to the main disconnecting means shall be located immediately back to back, \[or\] side to side, or top to bottom of the meter." \[(b) Section 312.5 of the N.E.C., Cabinets, Cutout Boxes, and Meter Socket Enclosures, is amended by the addition of a new Paragraph (D), to read as follows: "(D) Meter socket height for new structures. The height of meter enclosure shall be installed between four (4) feet and five and one-half (5½) feet from bottom of the meter \] \[(c)\] (b) Section \[408.18\] 110.26 of the N.E.C., \[Clearances\] Spaces About Electrical Equipment, is amended by the addition of a new \[Paragraph\] Subparagraph \[(C)\] (6)(B)(1), to read as follows: "\[(C)\] (1) Above finish grade. Clearances shall be provided between bottom of panel and finish grade a minimum of 24 inches above finish grade." \[(d)\] (c) Section \[408.36\] 408.54 of the N.E.C. is amended by the addition of a new Paragraph \[(E)\] (A) thereto, to read as follows: "\[(E)\] (A) Additional Space in Panelboards. A new panelboard shall have sufficient ampacity and space for at least four (4) full-size circuit breakers for future usage." SECTION 3. Section 3 of Chapter 3, Title IV, of the Pueblo Municipal Code, as amended, is hereby amended to revise subparagraph (b) to read as follows: Sec. 4-3-3. N.E.C. amendments. . . . (a) Section 401.1, Permits required, of the I.C.C.E.C.A.P. is hereby amended by the addition of two (2) new paragraphs, to read as follows: "Permits for low voltage control and signaling systems, as defined in Articles 724 through 830 of the N.E.C., may be issued to persons not licensed as electrical contractors, provided such persons register with the Department, and otherwise comply with all codes with respect to installation and permits. "All systems supplying power that may normally be supplied by an electrical utility, such as, but not limited to, solar, wind, hydro and other generated sources, shall require a permit and inspection." SECTION 4. A public hearing to consider the adoption of this Ordinance, the National Electrical Code, 2023 Edition, and the International Code Council Electrical Code Administrative Provisions, 2003 Edition with modifications, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m. on _____________________, 2024. The City Clerk is directed to publish notice of such hearing pursuant to Section 1-1-7 of the Pueblo Municipal Code. SECTION 5. The adoption of this Ordinance, the 2023 National Electrical Code and the 2003 International Code Council Electrical Code Administrative Provisions 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, the adopted 2023 National Electrical Code, or the adopted 2003 International Code Council Electrical Code Administrative Provisions is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, the 2023 National Electrical Code or the 2003 International Code Council Electrical Code Administrative Provisions. SECTION 7. The Council finds and declares that certified true copies of the National Electrical Code, 2023 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 at or before the first presentation of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2023 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 2023 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, 2023 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, 2023 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 30 days after final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on March 25, 2024. Final adoption of Ordinance by City Council on April 8, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk