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HomeMy WebLinkAbout06205ORDINANCE NO. 6205 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE IV OF THE 1971 CODE OF ORDINANCES RELATING TO ELECTRICAL REGULATIONS AND ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1996 EDITION, PROMULGATED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, 1 BATTERYMARCH PARK, QUINCY, MASSACHUSETTS, AND THE UNIFORM ADMINISTRATION CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE 1993, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS (ICBO), INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS (IAPMO), INTERNATIONAL ASSOCIATION OF ELECTRICAL INSPECTORS (IAEI), PACIFIC COAST ELECTRICAL ASSOCIATION (PCEA) AND NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA), AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates matter being added.) SECTION 1. Section 4 -3 -1 of Chapter 3, Title IV of the 1971 Code of Ordinances, as amended, is hereby amended to read as follows: 4 -3 -1: NATIONAL ELECTRICAL CODE AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS - ADOPTION BY REFERENCE [- PENALTY] The National Electrical Code [( "N.E.C." or "Code ")1993] 1996 Edition, promulgated by the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, referred to as the "N.E.C." and the Uniform Administrative Code Provisions for the National Electrical Code 1993 Edition, promulgated _ by International Conference of Buildiny- Officials, 5360 Workman Mill Road. Whittier, California 90601- 2298, hereinafter referred to as the "U.A.C.P." as amended by this chapter, [is] are adopted and enacted by reference; provided however, that the following portions of the 1 U.A.C.P. are not adopted and are expressly deleted: Section 301. (b) entitled "Exempt Work" and Table No. 3 -A, Chapter 3 entitled "Electrical Permit Fees ". Copies of the N.E.C. and adopted Appendices and the U.A.C.P. 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 this chapter and the N.E.C. 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 Ordinances of the City of Pueblo.] SECTION 2. Section 4 -3 -2 of Chapter 3, Title IV of the 1971 Code of Ordinances, as amended, is hereby amended to read as follows: 4 -3 -2: [ADMINISTRATIVE AUTHORITY] N.E.C. AMENDMENTS [(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 accordance's 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 2 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) 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 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.] ( 1) Section 230 -70 of the N.E.C. is amended by the addition of new sub- paragraphs (d) and (e) to read as follows: (d ) The length of service entrance conductors from the meter base to the main disconnecting means shall be located immediately back to back or side to side of the meter. The length of such conductor shall not exceed five (5) feet in len th. (e) When a service disconnect is located within a dedicated interior electrical room it shall have at least one entrance directly from the exterior of the structure. SECTION 3. Section 4 -3 -3 of Chapter 3, Title IV of the 1971 Code of Ordinances, as amended, is hereby amended to read as follows: 4 -3 -3: UNIFORM ADMINISTRATIVE CODE PROVISIONS 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. (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 0 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 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 k 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 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 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 M 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 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 Department 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 7 person installing the equipment shall give the Department notice 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 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.] (1) Section 201. (a) of the U.A.C.P. entitled "General." is amended to read as follows: 201. (a) General. Whenever the terms "Building Official" or "Department," are used in the U.A.C.P. , in the N.E.C. or Chapter 3 of Title IV of the 1971 Code of Ordinances, such terms shall be construed to mean the chief electrical inspector, or in the absence of a chief electrical inspector then the building official, or the Building Official's authorized representative(s), of the Department. Whenever the phrase "Authority Having Jurisdiction" is used such phrase shall mean the City of Pueblo. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as maybe deemed necessary in order to clarif t�pplication of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. (2) Section 203. (a) of the U.A.C.P. is hereby amended to read as follows: 203. (a) General. There is hereby created an Electrical Board of Appeals to perform the functions set forth in Chapter 1 of Title IV of the 1971 Code of Ordinances of the City of Pueblo. (3) Section 204 of the U.A.C.P. is amended by the addition of the following subsection 204. (a) to read as follows: 204. (a) Penalties. Any person, firm, or corporation violating any of the provision of this Code, shall upon conviction thereof, be punished as provided in Section 4 -3 -8 of the 1971 Code of Ordinances of the Citv of Pueblo. The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions. (4) Section 301. (a) of the U.A.C.P. entitled "Permits Required" is amended by the addition of two paragraphs to read as follows: Permits for low voltage control and si aling systems as defined in Articles 725 through 760 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 sW121ying_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. (S) Appendix B of the 1996 N.E.C. is hereby adopted in its entirety. SECTION 4. Section 4 -3 -4 of Chapter 3, Title IV of the 1971 Code of Ordinances, as amended, is hereby repealed. 4 -3 -4: [CONNECTION TO ELECTRICAL POWER SUPPLY] RESERVED [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 4 -3 -5 of Chapter 3, Title IV of the 1971 Code of Ordinances, as amended, is hereby amended to read as follows: 4 -3 -5: RESPONSIBILITY FOR DAMAGES: NON - LIABILITY OF CITY AND DEPARTMENT The provisions of this [chapter] Chapter shall neither release or discharge nor be construed to release or discharge any 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] Chapter Neither the [city] 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] Chapter or by the issuance or failure to issue a certificate of approval. 10 SECTION 6. Section 4 -3 -6 of Chapter 3, Title IV of the 1971 Code of Ordinances, as amended, is hereby amended to read as follows: 4-3-6: INTERPRETATION Whenever in N.E.C. or U.A.C.P. 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. or the U.A.C.P. in an arbitrary or discriminatory manner. The provisions of this [chapter] Chgpter 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 the highest standards shall apply. SECTION 7. Section 4 -3 -7 of Chapter 3, Title IV of the 1971 Code of Ordinances, as amended, shall continue to read as follows: 4 -3 -7: ELECTRICAL INSPECTORS All persons now holding or subsequently appointed to the position of electrical inspector in the Pueblo Regional Building Department shall possess the same qualifications required of state electrical inspectors under the provisions of Section 12- 23 -115, C.R.S., and shall be licensed by and be registered with the Colorado State Electrical Board prior to the assumption of their duties. SECTION 8. Chapter 3 of Title IV of the 1971 Code of Ordinances, as amended, is amended by the 11 addition of a new section 4 -3 -8 to read as follows: 4 -3 -8 OFFENSES: CRIMINAL PENALTIES PERMIT REVOCATION• OTHER ENFORCEMENT (a) It shall be unlawful and a Class I Municipal Offense for any person to knowingly violate, disobey, omit, neglect, refuse, or fail to comply with or resist the enforcement of My provision of this Chapter, the National Electrical Code or the Uniform Administrative Provisions for the National Electrical Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than Three Hundred Dollars ($300) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (b) It shall be unlawful and a Class I Municipal Offense for any person to refuse or fail to timely comply with any order issued by the building official, the Director of the Pueblo Regional Building Department or other designated building inspector pursuant to the provisions of this Chapter, the National Electrical Code or the Uniform Administrative Provisions for the National Electrical Code, and upon conviction thereof, the Punishment therefor shall be a fine of not more than Three Hundred Dollars ($300) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (c) It shall be unlawful and a Class 1 Municipal Offense for any person to knowingly make any false statement, representation or certification in any application, record, report, plan or other document files or required to be maintained pursuant to any requirements of this Chapter, the National Electrical Code or the Uniform Administrative Code Provisions for the National Electrical Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than Three Hundred Dollars ($300) or imprisonment for not more than ninety (,90) days, or both such fine and imprisonment. d) Anv hermits issued pursuant to the provisions of this Chapter, the National Electrical Code or the Uniform Administrative Code Provisions for the National Electrical Code may be suspended, terminated or revoked by the building official for (11 any of the reasons stated in subsection 303. (e) of the Uniform Administrative Provisions Code for the National Electrical Code or (2) anv material violation of the terms of said ermit or requirements applicable thereto. e) In the event anv owner or occupant of premises within the Citv shall refuse entry to the building official or my electrical inspector, or of any premises are locked and the building official or any electrical inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue a search warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. 12 (f) In the event any owner or occupant of premises within the City, or any licensed contractor, or my_permittee, shall fail or refuse to comply with any provision of this Chapter, the N.E.C. or the U.A.C.P. or any license or permit issued thereunder, the City may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with said Chapter, N.E.C., U.A.C.P., license or permit. (g) The enforcement remedies set forth in this Section are hereby expressly declared to be cumulative, and the exercise of any one or more of them is not dependant upon the exercise of any other remedy, nor does the exercise of any one of more of them constitute any bar or limitation to the exercise of any other. SECTION 9. A public hearing to consider the adoption of the National Electrical Code, 1996 Edition, with modifications, and the Uniform Administrative Code Provisions, 1993 Edition, with modifications shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:30 p.m. on June 9, 1997. The City Clerk is directed to publish notice of such hearing pursuant to Section 31 -16 -203 of the Colorado Revised Statutes. SECTION 10. The adoption of this Ordinance, the National Electrical Code and the Uniform Administrative Code 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 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 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 13 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. 24 -10 -101 et seq., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo or the Pueblo Building Department, or their officers, employees or agents. SECTION 11. If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted National Electrical Code or the adopted Uniform Administrative Code Provisions 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 National Electrical Code or of the Uniform Administrative Code Provisions. SECTION 12. The Council finds and declares that a certified true copy of the National Electrical Code, 1996 Edition, and the Uniform Administrative Code Provisions for the National Electrical Code, 1993 Edition, has 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 9 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the National Electrical Code and the Uniform Administrative Code Provisions for the National Electrical Code shall be kept in the office of the Pueblo Regional Building Department at 316 15th St. W., Pueblo Colorado. Copies of the National Electrical Code and the Uniform Administrative Code 14 Provisions for the National Electrical Code shall be available through the Pueblo Regional Building Department for purchase by the public at a moderate price. SECTION 13. This Ordinance shall become effective 30 days after final passage and approval. INTRODUCED: May 12 ATTEST: 1997 By Charles Jones Councilmember APPROVED: 15