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HomeMy WebLinkAbout05601ORDINANCE NO. 5601 AN ORDINANCE AMENDING SECTIONS OF CHAPTER 3 TITLE IV OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO RELATING TO ELECTRICAL BUILDING REGULATIONS; ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, PROMULGATED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, BATTERYMARCH PARR, QUINCY, MASSACHUSETTS; PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF THE CODE; AND PROVIDING A PUBLIC HEARING TO CONSIDER ADOPTING THIS CODE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material being deleted, underscoring indicates material being added.) SECTION 1. Section 1, Chapter 3, Title IV of the 1971 Code of Ordinances is amended as follows: 4 -3 -1 NATIONAL ELECTRICAL CODE - ADOPTION BY REFERENCE - PENALTY The National Electrical Code ( "N.E.C." or " Code ") [1984] 1990 Edition, promulgated by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269, [referred to in this Chapter as the National Electrical Code or N.E.C.,] as amended by this [C]chapter, is [hereby] adopted and enacted by reference [and made a part hereof as if set out herein in full] . Copies of the N.E.C. are available in the office of the Pueblo Regional Building Department [hereinafter referred to as] ( "Departmen ) , [" for distribution and sale to the public[ at a price not to exceed the actual cost to the Department plus a handling charge of two dollars ($2.00) per copy]. All electrical wiring, conductors, equipment and systems within the City of Pueblo shall be regulated by and installed, constructed, altered and repaired in compliance with the terms and provisions of this [C]chapter and the [National Electrical Code 19841 N.E.C. 1990 Edition[, herein adopted by reference, except as same may be excluded from and specifically not covered by the terms and provisions of this Chapter or the said National Electrical Code]. Any person, firm or corporation violating any of the provisions of the Code or [said] this [C] chapter [3] shall upon conviction [thereof], be punished as provided in Section 1 -2 -1 of the 1971 Code of Ordinances of the City of Pueblo. SECTION 2. Section 2, Chapter 3, Title IV of the 1971 Code of Ordinances is amended to read as follows: 4 -3 -2: ADMINISTRATIVE AUTHORITY (1)(a) Whenever the terms "Administrative Authority," [or] "Authority Having Jurisdiction" or "Department," [is] are used in this [C]chapter or in the [National Electrical Code,] N.E.C., [it] they shall be construed to mean the [C]chief [E] electrical [I]inspector, or in the absence of a [C]chief [E]electrical [I]inspector then the [B]building [O] official, or his authorized representative(s), of the Department. (b) [Assistants, w] Whenever the term "assistants" is used in this chapter or the N.E.C., it shall be construed to mean the [E]electrical [I] inspectors. (c) It shall be the duty of the [Chief Electrical Inspector, or in the absence of a Chief Electrical Inspector then the Building Official, or his authorized representatives) of the] Department to administer and enforce the provisions of this -2- [C] chapter. (d) [He] Department shall keep complete records of all permits issued, inspections and reinspections made, and other official work performed in accordances with the provisions of this [C]chapter. [He Department shall [condemn and] reject all work done or being done or material used or being used which do not [in all respects] fully comply [thereto] with this Code. [and he] The Department shall order changes in workmanship and /or materials necessary to obtain compliance with the provisions of the N.E.C. (e) It shall be unlawful for any person to do or perform any electrical work in violation of any lawful order of the [Chief Electrical Inspector or in the absence of a Chief Electrical Inspector then the Building official or his authorized representative(s) of the] Department. (2) Right of Entry The [administrative authority] building official shall have the right during reasonable hours and after showing proper identification, to enter any building or premises in the discharge of his official duties to make any inspection, reinspection, or test of electrical equipment that is reasonably necessary to protect the public health, safety and welfare. (3) Defective Installations; Notice of Disconnection of Electrical Service (a) If the [administrative authority] building official finds [that] any electrical equipment or installation is defective or [that it] has not been installed in [conflict] compliance with -3- the provisions of this [C]chapter, he shall notify the person responsible for the electrical equipment or installation by certified mail of his findings and order[s for] corrective measures. (b) If the necessary changes or repairs are not completed within fifteen (15) days (or longer period as specified in this notice), the [administrative authority] building official shall have the authority to disconnect or order the discontinuance of electrical service to the equipment or installation in question. (c) In emergency situations if necessary for safety to persons or property, or if electrical equipment may interfere with the work of the Fire Department, the [administrative authority] building official shall have the authority to disconnect or cause the disconnection immediately of any such electrical equipment. (d) If fire has damaged the wiring of any building or structure, [reconnection to] the electrical supply shall not be [made] reconnected until [authorized in writing by the administrative authority] the Department gives written +-1,- ; - - 4-; -- (4) Stop Orders Whenever any work is being done contrary to the provisions of this Code, the [Administrative Authority] building official or his authorized representative may order the work stopped by written notice [in writing] served on any person [engaged in the] doing or causing such work to be done[, and]_ [ajAny such person shall [forthwith] immediately stop such work until authorized by the [Administrative Authority] building official to proceed with the -4- work. SECTION 3. Section 3, Chapter 3, Title IV of the 1971 Code of Ordinances of the City of Pueblo, is amended as follows: 4 -3 -3: AMENDMENTS (1) Scope (a) The provisions of this [C] chapter shall apply to and govern the installations, alterations, repairs, removals, renewals, replacements, disturbances, connections, disconnections, and maintenance of all electrical equipment. For the purposes of this [C]chapter, the term "electrical equipment" means all materials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus, or component parts[ thereof]. (b) In addition to other requirements of the N.E.C., the provisions of this [C] chapter shall apply to all electrical installations and systems and their component parts. Where a conflict exists between this chapter and the N.E.C., this [C]chapter shall govern. Otherwise, the provisions of this [C] chapter shall be deemed to be an amendment to [and a part of] the N.E.C.[for all purposes.] (2) General Requirements (a) Existing Installations. Where electrical work is to be performed in any existing branch circuit in Group R Occupancies, and [when] such work does not exceed 50% of the replacement value of such existing branch circuit, convenience outlets shall be installed every twenty (20) lineal feet or major portion thereof, measured around the perimeter of the room or rooms served by such branch -5- circuit. (b) Weather Protection. Electrical equipment or conductors shall not be installed inside of any building, structure or utility until the interior of such has been protected from the weather. (c) [Release] Connection of Utilities Structures, buildings and utilities shall have all electrical systems installed and approved by the [authority enforcing this code] Department before electrical service will be supplied by the franchised public utility company serving electrical power in the city[, hereinafter referred to as] ( "the public utility company "). (2) The public utility company shall not [render] provide service to a building, structure, utility or premises until a final electrical inspection has been completed and released for power to such agency by the [authority enforcing this code] Department EXCEPTION: When rough -in has been completed and approved, electrical meters installed in temporary locations may be released by the [authority enforcing this code] Department for temporary heat and construction purposes. (b) The Department may approve partial large ampacity services that require public utility company releases in phases. (3) All temporary construction meters shall be located on the same side of the alley, street or driveway as the construction for which the meter is required. (4) A single temporary construction meter shall not serve -6- more than three (3) combined units at [any one] a time. When a temporary meter is used to operate heating equipment or for temporary wiring within a building, the electrical wiring shall provide a minimum of eight (8) feet of clearance above the floor level. (d) Services, Overhead or Underground. The point of attachment of electrical services to any building, structure or utility shall be designated by the electrical supply agency or public utility company and shall comply with the requirements of the N.E.C. (3) Permit Required and to Whom Permits may be Issued. (a) It shall be unlawful for any person to construct, alter or repair any electrical work, as defined in Section 4 -3 -1 of this code, unless a permit authorizing the work has been issued by the [administrative authority] Department. (b) A permit shall be issued if the electrical work, as [proposed] described in the application for a permit, meets the requirements of this [C]chapter. If plans and specifications are requested by the [administrative authority] Department they must meet the requirements of this [C]chapter. (c) Permits shall be issued only to electrical contractors registered by the Department, except as provided in the following subsections. (d) Any permit required by this [C]chapter may be issued to the owner of a single - family dwelling, or [mobile] manufactured home, used exclusively for living purposes, to do any work regulated by this [C]chapter in that dwelling, including the usual -7- accessory buildings and quarters, provided: the dwelling will be occupied by the owner, the owner appears before the [administrative authority] Department and shows himself to be competent to do the specific work for which he desires a permit and the owner purchases all materials and performs all labor in connection with the work. All work done by a homeowner must meet the requirements of this [C]chapter and shall be inspected and approved in the same manner as work performed by a licensed [and] or registered contractor. (e) Permits for low voltage control and signaling systems as defined in Articles 725 and 760 of the N.E.C. may be issued to unlicensed electrical contractors provided such company registers with the Department, and complies with the codes with respect to installation and permits. (4) Application for Permit; Expiration (a) Applications for permits shall be made on forms provided by the Department, [prior to] before beginning [the particular] work, except for emergenc work]. The application shall include the name and business address of the person, firm, corporation, or other association that is to do the work, a description of the property where the work is to be done, the name of the owner of the property, the name of the occupant, [and] a general description of the materials to be used[,] and [shall specify] the particular part or parts of the work that must be inspected as required by this [C] chapter. (b) [The application shall be accompanied by fees in accordance with the schedule of fees set out by resolution of the M City Council.] All required fees shall accompany the application. (c) The issuance [or granting] of a permit or approval of plans and specifications shall not be deemed [or construed] to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except when the work or use which it authorizes is lawful. (d) The issuance [or granting] of a permit or approval of plans shall not prevent the [administrative authority] Department from [thereafter] later requiring the correction of errors in [said] the plans and specifications, or from preventing construction operations being carried on when [in violation of] this Code or any other code[s] is being violated, or from revoking any certificate of approval when issued in error. (e) [Every p]Permits issued by the [administrative authority] Department [under the provisions of] for this Code shall expire [and become void] if the work authorized by such permit is not commenced within one hundred and eighty (180) days [from the date of issuance of such permit] after the permit is issued or if the work authorized by such permit is suspended or abandoned [at any time after the work is commenced] for [a period of] one hundred eighty (180) days. Before such work can continue, a new permit shall [first] be obtained. (f) Any person who [shall commence] begins any electrical work [for which a permit is required by this Code] without first [having] obtain[ed] a permit [therefore] shall, if subsequently allowed to obtain a permit, pay double the fee for such work.[; W provided, however, that] T[t]his provision shall not apply to emergency work when it [shall be] is proved to the satisfaction of the [administrative authority] Department that such work was urgently necessary and it was not feasible to obtain a permit [therefor] before [the commencement of] beginning the work. In such cases, a permit must be obtained as soon as it is feasible[to do so], and if there [be] is an unreasonable delay in obtaining such permit, a double fee shall be charged. [The p]Payment of such double fee shall [not] neither relieve any person from fully complying with the requirements of this Code [in the execution of the work] nor from any other penalties [prescribed herein]. (5) Inspections; Certificate of Approval; Concealed Equipment (a) Upon the completion of electrical work that has been done under a permit, the person doing the work shall notify the [administrative authority] Department orally or in writing [that] when the work is ready [for] to be inspect[ion]ed. (b) If the [administrative authority] Department finds the work complies with the provisions of this [C]chapter and the N.E.C.[as adopted herein], [he] it shall issue to the person [that has done the work] who obtained the permit a certificate of approval. [This] The certificate shall authorize the use of the work and its connection to the supply of electricity. The [administrative authority] Department shall send written notice of this authorization to the agency supplying the electricity. (c) A certificate of approval may be issued authorizing the l A connection and use of a temporary installation. Such certificate shall [be issued to] expire at a stated time and may be revoked by the [administrative authority] _Department for any violation of this Code. (d) If any electrical equipment is to be hidden from view by the permanent placement of [parts of the] a building, structure[,] or grounds, the person installing the equipment shall notify the [administrative authority] Department [prior to] before installation_ [and s]Such equipment shall not be concealed until it has been inspected and approved by the [administrative authority] Department On installations where the concealment of equipment proceeds continuously, the person installing the equipment shall give the [administrative authority] Department [due] notice [prior to] before the installation. [and i]Inspections shall be made [periodically during the progress of] while the work is in progress (e) A reinspection fee may be assessed for each inspection or reinspection when [such portion of] the work for which the inspection is called is not complete or when required corrections [called for are] have not been made. This subsection shall not be interpreted [as requiring] to require reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but [as controlling the practice of] to control calling for inspections before the job is ready for inspection or reinspection. Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not -11- readily available to the inspector, [for failure to provide on the date for which inspection is requested] access is not provided to the work site or [for deviation from plans requiring approval of] plans deviate from those approved by the [B] building [O]official. To obtain a reinspection, the applicant shall file an application [therefor] in writing upon a form furnished for that purpose, and pay the reinspection fee[ of $10.00]. [In instances w] Where reinspection fees have been assessed, no additional inspection of the work will be performed until the fees have been paid. (6) Board of Appeals There is [hereby] created a [B]board of [A]appeals, the functions and powers of which are described in Section 4 -1 -12 of the 1971 Code of Ordinances. (7) Appeals[; Authority of Electrical Appeal Board] [(7)(a) Electrical Appeal Board. Any person aggrieved by any ruling, decision, interpretation, or order of the administrative authority shall have the right to appeal to the Electrical Appeal Board by filing a written appeal with the Building Official within ten (10) days from the date of ruling, decision, interpretation, or order. If such a notice is filed, the Appeal Board shall set a time and place for hearing, and by first class mail postage prepaid notify the party filing the appeal. The date of hearing shall be not more than fifteen (15) days after the filing of appeal. The hearing shall be open to the public and all interested persons shall be heard. The Electrical Appeal Board by majority vote shall affirm, modify, or reverse any 1 1 appealed ruling, decision, interpretation or order of the administrative authority. The Electrical Appeal Board may permit variance from the strict terms and provisions of this Chapter and N.E.C. if such variance can be made without increasing the hazards to health or safety or persons or property and when the granting of such variance will not violate the intent and purposes of this Code. Mere inconvenience to the appellant shall not be grounds for the granting of such variance.] _Appeals of decisions by the electrical board of review will be governed by Section 4 -1 -12 of the 1971 Code of Ordinances. [(b) Judicial Review. Within thirty (30) days after the entry of any decision or order of the electrical Appeal Board, the administrative authority or any person who is aggrieved by such decision or order may seek to review the same in the District Court. Review shall not be extended further than to determine whether the Board has exceeded its jurisdiction or abused its discretion. Pending such appeal all such rulings or decisions shall remain in full force and effect unless stayed by Order of Court. (c) The Electrical Appeal Board is also empowered to determine the suitability of alternate materials and types of electrical installations. It is also empowered to recommend to the City Council new legislation relating to N.E.C. and the administration of this Chapter.] (8) Residential Disconnects Section 230 -70(a) is amended by the addition of the following: -13- The main service disconnect for residential property shall be located behind or adjacent to the meter, to provide effective protection for in -house circuiting. SECTION 4. Section 4, Chapter 3, Title IV of the 1971 Code of Ordinances is amended to read as follows: 4 -3 -4: CONNECTIONS TO ELECTRICAL POWER SUPPLY Except where work is done under an annual permit, it shall be unlawful for any person to make any connection from a supply of electricity or to supply electricity to any electrical equipment for [the installation of] which a permit is required unless such connection [has been] is authorized by the [administrative authority] Department. It shall be unlawful to make connections to equipment that has been disconnected or ordered to be disconnected by the [administrative authority] Department S ECTION 5. Section 5, Chapter 3, Title IV of the 1971 Code of Ordinances is amended to read as follows: 4 -3 -5: RESPONSIBILITY FOR DAMAGES: LIABILITY OF CITY AND DEPARTMENT [The provisions of this Chapter shall not be construed to relieve or lessen the responsibility of any person responsible for, or performing, any of the things contemplated by this Chapter for the damage to any one injured by any defect therein nor shall the City or any agent thereof be held as assuming any such liability by reason of the inspection authorized herein, of the certificate of inspection issued by the administrative authority.] The provisions of this cha ter shall neither release or discharge nor be construed to release or dischargeany person from any liability imposed by law for any injury to persons or damage to property caused by or resulting from the performance or failure to perform work or furnishing materials covered by this chapter. Neither the city, the Department, nor any of their agents or employees will be held liable for any injury to persons or damage to property because of an inspection or failure to perform any inspection authorized or required by this chapter or by the issuance or failure to issue a certificate of approval SECTION 6. Section 6, Chapter 3, Title IV of the 1971 Code of Ordinances is amended as follows: 4 -3 -6: INTERPRETATION Whenever in N.E.C. it is provided that anything must be done to the approval of, or required by, or acceptable to, or subject to the direction of the [administrative authority] Department, this shall be construed to give [such officer] only the discretion [of] to determin[ing]e whether the rules and standards established by the N.E.C. have been complied with and n]No such provision shall be construed [as] to giv[ing]e any [officer] inspector discretionary powers [as] to determine what [such] regulations or standards shall be, or power to require conditions not prescribed by the N.E.C. in an arbitrary or discriminatory manner. The provisions of this [C]chapter shall be held to meet the minimum requirements adopted [for the] to promot[ion]e and _,C_ protect[ion of] the public health, safety and welfare. When the requirements of this [C] chapter are at variance with the requirements of any statute, code, rule, regulations, or ordinance, the more restrictive or that imposing the highest standards shall apply. SECTION 7. The purpose and subject of the National Electrical Code is to safeguard persons, buildings and property from hazards arising from the use of electricity for light, heat, power, radio and for other purposes, and to regulate construction, alteration, installation, and repair of all wiring and electrical systems within the City of Pueblo. SECTION 8. A public hearing on this ordinance to adopt by reference the National Electrical Code, 1990 Edition, will be held in the Council Chambers, City Hall, Pueblo, Colorado, at 7:30 p.m. on June 11, 1990. The City Clerk will publish notice of the hearing in the manner and style provided in Section 31 -16 -203, Colorado Revised Statutes. SECTION 9. A certified true copy of the National Electrical Code, 1990 Edition, will be on file in the office of the City Clerk, City of Pueblo at least fifteen (15) days before the hearing and may be inspected by interested persons during regular business hours. After adoption of the N.E.C. by reference, copies of the code shall be available for sale in the office of the Pueblo Regional 1 A Building Department, 316 West 15th Street, Pueblo, Colorado. SECTION 10. Non - liability. The adoption of this ordinance and of the National Electrical Code 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 code. 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 the 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 code. Nothing in this ordinance or in said code 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, C.R.S. Section 24 -10 -101 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 11. If any part, section, subsection, sentence, clause or phrase of this ordinance or of the National Electrical Code is held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance or of the National Electrical Code. SECTION 12. This ordinance shall become effective immediately upon final 1 ^ passage and approval. INTRODUCED May 14 , 1990 By HOWARD WHITLOCK Councilperson APPROVED: Pr i ent of City Council ATTEST: Ci y Jerk