HomeMy WebLinkAbout05803ORDINANCE NO. 5803
AN ORDINANCE AMENDING SECTIONS OF CHAPTER 2 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, 1993 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 ") [1990] 1993
Edition, promulgated by the National Fire Protection Association,
Batterymarch Park, Quincy, Massachusetts 02269, as amended by this
chapter, is adopted and enacted by reference. Copies of the N.E.C.
are available in the office of the Pueblo Regional Building
Department ( "Department ") , for distribution and sale to the public.
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 the chapter and the N.E.C. [1990] 1993 Edition.
Any person, firm or corporation violating any of the
provisions of the Code or this chapter shall, upon conviction, be
punished as provided in Section 1 -2 -1 of the 1971 Code of
1
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,"
"Authority Having Jurisdiction" or "Department," are used in this
chapter or in the N.E.C., they shall be construed to mean 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.
(b) Whenever the term "assistants" is used in this chapter
or the N.E.C., it shall be construed to mean the electrical
inspectors.
(c) It shall be the duty of the Department to administer and
enforce the provisions of this chapter.
(d) The 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 chapter. The
Department shall reject all work done or being done or material
used or being used which does not fully comply with this Code. 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
Department.
2
(2) Right of Entry
The 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 building official finds any electrical equipment
or installation is defective or has not been installed in
compliance with the provisions of this chapter, he shall notify
the person responsible for the electrical equipment or installation
by certified mail of his findings and order 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 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 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, the electrical supply shall not be reconnected until
3
the Department gives written authorization.
(4) Stop Orders
Whenever any work is being done contrary to the provisions of
this code, the building official or his authorized representative
may order the work stopped by written notice served on any person
doing or causing such work to be done. Any such person shall
immediately stop such work until authorized by the building
official to proceed with the 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 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
chapter, the term "electrical equipment" means all materials,
wiring, conductors, fittings, devices, appliances, fixtures, signs,
and apparatus, or component parts.
(b) In addition to other requirements of the N.E.C., the
provisions of this 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 chapter
shall govern. Otherwise, the provisions of this chapter shall be
deemed to be an amendment to the N.E.C.
0
(2) General Requirements
(a) Existing Installations. Where electrical work is to be
performed in any existing branch circuit in Group R Occupancies,
and such work does not exceed 50% of the replacement value of such
existing 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 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) Connection of Utilities. Structures, buildings and
utilities shall have all electrical systems installed and approved
by the Department before electrical service will be supplied by the
franchised public utility company serving electrical power in the
city ( "the public utility company ").
(2)(a) The public utility company shall not 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 Department.
EXCEPTION: When rough -in has been completed and approved,
electrical meters installed in temporary locations may be released
by the 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
5
for which the meter is required.
(4) A single temporary construction meter shall not serve
more than three (3) combined units at 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
Department.
(b) A permit shall be issued if the electrical work, as
described in the application for a permit, meets the requirements
of this chapter. If plans and specifications are requested by
the Department, they must meet the requirements of this 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 chapter may be issued to the
owner of a single - family dwelling, or manufactured home, used
exclusively for living purposes, to do any work regulated by this
3
chapter in that dwelling, including the usual accessory buildings
and quarters, provided: the dwelling will be occupied by the
owner, the owner appears before the 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 chapter and shall be inspected and
approved in the same manner as work performed by a licensed 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, before beginning work, except for emergencies.
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,
a general description of the materials to be used and the
particular part or parts of the work that must be inspected as
required by this chapter.
(b) All required fees shall accompany the application.
(c) The issuance of a permit or approval of plans and
7
specifications shall not be deemed 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 of a permit or approval of plans shall not
prevent the Department from later requiring the correction of
errors in the plans and specifications, or from preventing
construction operations being carried on when this Code or any
other code is being violated, or from revoking any certificate of
approval when issued in error.
(e) Permits issued by the Department for this Code shall
expire if the work authorized by such permit is not commenced
within one hundred and eighty (180) days after the permit is
issued, or if the work authorized by such permits is suspended or
abandoned for one hundred eighty (180) days. Before such work can
continue, a new permit shall be obtained.
(f) Any person who begins any electrical work without first
obtaining a permit shall, if subsequently allowed to obtain a
permit, pay double the fee for such work. This provision shall
not apply to emergency work when it is proved to the satisfaction
of the Department that such work was urgently necessary and it was
not feasible to obtain a permit before beginning the work. In such
cases, a permit must be obtained as soon as it is feasible, and if
there is an unreasonable delay in obtaining such permit, a double
fee shall be charged. Payment of such double fee shall neither
8
relieve any person from fully complying with the requirements of
this Code nor from any other penalties.
(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
Department orally or in writing when the work is ready to be
inspected.
(b) If the Deparmtment finds the work complies with the
provisions of this chapter and the N.E.C., it shall issue to the
person who obtained the permit a certificate of approval.
The certificate shall authorize the use of the work and its
connection to the supply of electricity. The Department shall send
written notice of this authorization to the agency supplying the
electricity.
(c) A certificate of approval may be issued authorizing the
connection and use of a temporary installation. Such certificate
shall expire at a stated time and may be revoked by the Department
for any violation of this Code.
(d) If any electrical equipment is to be hidden from view by
the permanent placement of a building, structure or grounds, the
person installing the equipment shall notify the Department before
installation. Such equipment shall not be concealed until it has
been inspected and approved by the Department. On installations
where the concealment of equipment proceeds continuously, the
person installing the equipment shall give the Department notice
E
before the installation. Inspections shall be made while the work
is in progress.
(e) A reinspection fee may be assessed for each inspection
or reinspection when the work for which the inspection is called
is not complete or when required corrections have not been made.
This subsection shall not be interpreted to require
reinspection fees the first time a job is rejected for failure to
comply with the requirements of this Code, but 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
readily available to the inspector, access is not provided to the
work site, or plans deviate from those approved by the building
official.
To obtain a reinspection, the applicant shall file an
application in writing upon a form furnished for that purpose, and
pay the reinspection fee.
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 created a board of appeals, the functions and powers
of which are described in Section 4 -1 -12 of the 1971 Code of
Ordinances.
(7) Appeals
10
Appeals of decisions by the electrical board of review will
be governed by Section 4 -1 -12 of the 1971 Code of Ordinances.
(8) Residential Disconnects
Section 230 -70 (a) is amended by the addition of the following:
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 which a permit is required unless such connection is authorized
by the Department. It shall be unlawful to make connections to
equipment that has been disconnected or ordered to be disconnected
by the Department.
SECTION 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 neither release or
discharge nor be construed to release or discharge any person from
11
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 Department, this shall be construed to give
only the discretion to determine whether the rules and standards
established by the N.E.C. have been complied with. No such
provision shall be construed to give any inspector discretionary
powers to determine what 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 chapter shall be held to meet the
minimum requirements adopted to promote and protect the public
health, safety and welfare. When the requirements of this chapter
are at variance with the requirements of any statute, code, rule,
regulations, or ordinance, the more restrictive or that imposing
12
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 S.
A public hearing on this ordinance to adopt by reference the
National Electrical Code, 1993 Edition, will be held in the Council
Chambers, City Hall, Pueblo, Colorado, at 7:30 p.m. on April 26,
1993. 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, 1993
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 Building
Department, 316 West 15th Street, Pueblo, Colorado.
SECTION 10.
Nonliability. The adoption of this ordinance and of the
National Electrical Code shall not create any duty to any person,
13
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, Colorado
Revised Statutes, 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
passage and approval.
INTRODUCED March 22 1993
By SAMUEL CORSENTINO
Councilperson
14
APPROVED:
Preside of Ci y ouncil
ATTEST:
�-Aj - , - a , i, C A , "Yj-
Ci y Clerk
15