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HomeMy WebLinkAbout06460ORDINANCE NO. 6460 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, 1999 EDITION, PROMULGATED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, 1 BATTERYMARCH PARK, QUINCY, MASSACHUSETTS, AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996, 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 (NEMA), AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Bracketing indicates material being deleted; underscoring indicates material being added.) SECTION 1. Section 1 of Chapter 3 of Title IV of the 1971 Code of Ordinances, is hereby amended to read as follows: 4-3 -1: NATIONAL ELECTRICAL CODE AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS - ADOPTION BY REFERENCE The National Electrical Code [1996] 1999 Edition, promulgated by the National Fire Protection association, 1 Batterymarch Park, Quincy, Massachusetts 02269, referred to as the "N.E.C." is adopted in its entirety and the Uniform Administrative Code Provision for the National Electrical Code [1993] 1996 Edition, promulgated by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601-2298, hereinafter referred to as the 'U.A. C. P." are adopted and enacted by reference; provided; however, that the following portions of the 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. SECTION 2. Section 3 of Chapter 3 of Title IV of the 1971 Code of Ordinances, is hereby amended to read as follows: 4 -3 -3: Uniform Administrative Code Provisions amendments. (a) 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 this Code, 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 the Code and to adopt and enforce rules and regulations supplemental to this Code as may be deemed necessary in order to clarity the applications of the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of the Code. (b) Section 203.[(a)L1 General of the U.A.C.P. is hereby amended to read as follows: 203. [(a)]1 General. There is hereby created an Electrical Board of Appeals to perform the functions set forth in Chapter 1 of Title IV of this code of the City of Pueblo. (c) Section 204 of the U.A.C.P. is amended by the addition of the following Subsection to read as follows. 204.[(a)]1 Penalties. Any person, firm, or corporation violating any of the provisions of this Code shall, upon conviction thereof, be punished as provided in Section 4 -3-8 of this Code of the City of Pueblo. The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions. (d) Section 301 [(a)]1 of the U.A.C.P. entitled "Permits Required" is amended by the addition of two (2) paragraphs to read as follows: Permits for low voltage control and signaling 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 supplying power that may normally be supplied by an electrical utility, such as, but not limited to solar, wind, hydro and other generated sources, shall require a permit and inspection. (e) Appendix B of the [19961999 N.E.C. is hereby adopted in its entirety. SECTION 3 Section 4-3-4 RESERVED SECTION 4 Section 8 of Chapter 3 of Title IV of the 1971 Code of Ordinances, is hereby amended to read as follows: 4 -3-8 Offenses; criminal penalties; permit revocation; other enforcement (a) It shall be unlawful and a Class 1 municipal offense for any person to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any 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 ($300.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (b) It shall be unlawful and a Class 1 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 Code Provisions for the National Electrical Code, and, upon conviction thereof shall be a fine of not more than three hundred dollars ($300.00) 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 filed or required to be maintained pursuant to any requirements of this Chapter, the National Electrical Code Provisions for the National Electrical Code and, upon conviction thereof shall be a fine of not more than three hundred dollars ($300.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (d) Any permit 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 (1) any of the reasons stated in Subsection 303.[(e)]5 of the Uniform Administrative Code Provisions for the National Electrical Code or (2) any material violations of the terms of said permit or requirements applicable thereto. (e) In the event any owner or occupant of premises within the City shall refuse entry to the Building Official or any electrical inspector, or 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. (f) In the event any owner or occupant of premise within the City, or any licensed contractor, or any permittee, shall fail or refuse to comply with any provisions of this Chapter, the N.E.C. or the U. A.C.P. or any license or permits 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 (1) or more of them is not dependant upon the exercise of any other remedy, nor does the exercise of any one (1) of them constitute any bar or limitation to the exercise of any other. SECTION 5. A public hearing to consider the adoption of the National Electrical Code, 1999 Edition, with modifications, and the Uniform Administrative Code Provisions, 1996 Edition, with modifications shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:30 p.m. on July 26, 1999. The City Cleric is directed to publish notice of such hearing pursuant to Section 31 -16 -203 of the Colorado Revised Statutes. SECTION 6. 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 non-enforcement 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 our in any connected with the adoption, enforcement, or non - enforcement of this Ordinance or said code. Nothing in the 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, Section 24 -10 -101, C.R.S. et seq., or to waive any immunities or limitation on liability otherwise available to the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents. SECTION 7. 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 8. The Council finds and declares that a certified true copy of the National Electrical Code, 1999 Edition, and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 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 4 of this Ordinance, and shall remain in said office for public inspection. After adoption of the 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 in the City of Pueblo Colorado. Copies of the National Electrical Code and the Uniform Administrative Code 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 9. This Ordinance shall become effective 30 days after final passage. ATTEST: INTRODUCED: June 28, 1999 BY Al Gurule Councilperson APPROMED: City CI& Prdei6ent of the City Council