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
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[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
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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
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(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
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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
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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
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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
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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.[;
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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
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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
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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
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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:
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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
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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
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passage and approval.
INTRODUCED May 14 , 1990
By HOWARD WHITLOCK
Councilperson
APPROVED:
Pr i ent of City Council
ATTEST:
Ci y Jerk