HomeMy WebLinkAbout07437ORDINANCE NO. 7437
AN ORDINANCE AMENDING CHAPTER 3 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE
RELATING TO ELECTRICAL REGULATIONS AND ADOPTING BY REFERENCE THE
NATIONAL ELECTRICAL CODE, 2005 EDITION, PUBLISHED BY THE NATIONAL FIRE
PROTECTION ASSOCIATION, 1 BATTERYMARCH PARK, QUINCY, MASSACHUSETTS 02169-
7471, AND THE INTERNATIONAL CODE COUNCIL ELECTRICAL CODE ADMINISTRATIVE
PROVISIONS, 2003, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC., SUITE 600,
5203 LEESBURG PIKE, FALLS CHURCH, VA 22041, AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material
being deleted; underscoring indicates material being added.)
SECTION 1
Section 4 -3 -1 of Chapter 3, Title IV, of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 4 -3 -1. National Electrical Code and the International Code Council Electrical
Code [Uniform] Administrative [Code] Provisions - adoption by reference.
The National Electrical Code, [2002] 2005 Edition, promulgated and published by the
National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-
7471, referred to as the "N.E.C." is adopted in its entirety including Annexes A through F
inclusive, but excluding Annex G, and the [Uniform] International Code Council Electrical
Code Administrative Provisions [Code Provision for the National Electrical Code 1996]
2003 Edition, except the sample ordinance form contained therein promulgated by the
International [Conference of Building Officials, 5360 Workman Mill Road, Whittier, California
90601 - 2298,] Code Council, Inc., Suite 600, 5203 Leesburg Pike, Falls Church, VA 22041
hereinafter referred to as the "[U.A.C.P] I.C.C.E.C.A.P. ", as amended by this Cha pter, are
adopted and enacted by reference; provided, however, that the following portions of the
[U.A.C.P.] I.C.C.E.C.A.P. are not adopted and are expressly deleted:
Section [301.2] 401.3 entitled "[Exempt Work] Work exempt from permit
and [Table No.3 -A, Chapter 3] Section 404.2 entitled "[Electrical Permit Fees]
Schedule of permit fees
Copies of the N.E.C. [and] including adopted [Appendices] Annexes A through F and the
[U.A.C.P.] I.C.C.E.C.A.P. are available in the office of the Pueblo Regional Building
Department ( "Department'), for distribution and sale to the public.
SECTION 2.
Section 4 -3 -2 of Chapter 3, Title IV, of the Pueblo Municipal Code, as amended, is hereby
amended to read as follows:
Sec. 4 -3 -2. N.E.C. Amendments
(a) Section [230 -70] 230.70 (A) of the N.E.C. is amended by the addition of new
subparagraphs [(d) and (e)] (4) and (5) to read as follows:
"[(d)] (4) Meter Base. 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 length."
"[(e)] (5) Interior Electrical Room. When a service disconnect is located
within a dedicated interior electrical room it shall have at least one (1) entrance
directly from the exterior of the structure."
(b) [Article] Section 334.10 of the N.E.C. Uses Permitted is amended to read as
follows:
334.10. Uses Permitted.
"Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the
following:
[ "1.] M One- and two - family dwellings.
[ "2.] (2) Multi- family dwellings and other structures, except as pro - hibited in
Section 334.12.
[ "3.] (3) Cable trays, where the cables are identified for the use.
7PN: See Section 310.10 for temperature limitation of conductors.
[a.] " Type NM. Type NM cable shall be permitted for both exposed and
concealed work in normally dry locations. It shall be permissible to install or
fish Type NM cable in air voids in masonry block or tile walls where such
walls are not exposed or subject to excessive moisture or dampness.
[b.] "B. Type NMC. Type NMC cable shall be permitted as follows:
"1. For both exposed and concealed work in dry, moist, damp, or
corrosive locations;
"2. In outside and inside walls of masonry block or tile;
"3. In a shallow chase in masonry, concrete, or adobe protected
against nails or screws by a steel plate at least 1/16 -inch (1.59 -mm) thick,
and covered with plaster, adobe, or similar finish.
[ "c.] C. Type NMS. Type NMS cable shall be permitted for both exposed
and concealed work in normally dry locations. It shall be permissible to
install or fish Type NMS cable in air voids in masonry block or tile walls
where such walls are not exposed or subject to excessive moisture or
dampness. Type NMS cable shall be used as permitted in Article 780."
(c) [Article] Section 334.12 of the N.E.C. Uses Not Permitted is amended to
read as follows:
334.12. Uses Not Permiited
[ "a.] u Types NM, NMC, and NMS. Types NM, NMC, and NMS cables
shall not be used in the following:
[ "1.] M In any multi - family dwelling or other structure exceeding
three floors above grade.
"For the purpose of this Article, the first floor of a building shall be that floor
that has 50 percent or more of the exterior wall surface area level with or
above the finished grade. One additional level, that is, the first level which is
not designed for human habitation and used only for vehicle parking,
storage, or similar use shall be permitted.
[ "2.] (2) As service- entrance cable.
[ "3.] (3) In commercial garages having hazardous (classi -tied)
locations as provided in Section 511.30
[ "4.] (4) In theaters and similar locations, except as provided in
Article 518, [Places of] Assembly Occupancies.
[ "5.] (5) In motion picture studios.
[ "6.] (6) In storage battery rooms.
[7.] (7) In hoist ways.
[ "8.] (8) Embedded in poured cement, concrete, or aggregate.
[ "9.] (9) In any hazardous (classified) location, except as permitted
by Sections [501 -4(b)] 501.10 Wiring Methods [502 -4(b)] 502.10 Wiring
Methods and [504 -20] 504.20 Wiring Methods.
[ "b.] (B) Types NM and NMS. Types NM and NMS cable shall not be
installed in the following:
[1.] M Where exposed to corrosive fumes or vapors.
[ "2.] (2) Where embedded in masonry, concrete, adobe, fill, or
plaster.
[ "3.] (3) In a shallow chase in masonry, concrete, or adobe and
covered with plaster, adobe, or similar finish."
(d) [Article 408.15] Section 408.35 of the N.E.C. is amended by the addition of a
new paragraph to read as follows:
"A new panelboard shall have sufficient ampacity and space [of] for at least four (4)
full size circuit breakers [space] for future usage."
(e) Section [725.41(A)] 725.52 is amended by the addition of a new paragraph
[2.5] (C) to read as follows:
"[(2.5)] (C) Residential Thermostats. A furnace with low voltage control system(s)
using a listed Class 2 or Class 3 wiring system for all thermostat controller(s) for
residential use, shall have a minimum of [six (6)] eight 8 conductors."
SECTION 3
Section 4 -3 -3 of Chapter 3, Title IV, of the Pueblo Municipal Code, is hereby amended to
read as follows:
Sec. 4 -3 -3. [Uniform] Administrative Code Provisions Amendments.
Section [201.1] 301.1 of the [U.A.C.P.] I.C.C.E.C.A.P. entitled [ "General'] "Creation of
enforcement agency" is amended to read as follows:
"[201.1 General] 301.1 Whenever the terms 'Building Official' or 'Department' or
'Code Official' are used in the [U.A.C.P.] I.C.C.E.C.A.P. in the N.E.C. or Chapter 3
of Title IV of the Pueblo Municipal 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 this Code and
to adopt and enforce rules and regulations supplemental to this Code as may be
deemed necessary in order to clarify the application of the provision of this Code.
Such interpretations, rules and regulations shall be in conformity with the intent and
purpose of this Code."
(b) Section [203.1] 401.1, Permits required, of the [U.A.C.P.] I.C.C.E.C.A.P. is
hereby amended by the addition of two new paragraphs to read as follows:
[ "203.1 General. There is hereby created an Electrical Board of Appeals to perform
the functions set forth in Chapter 1 of Title IV of the Pueblo Municipal Code. "]
"Permits for low voltage control and signaling systems, as defined in Articles 725
through 830 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."
(c) Section [204] 1003.1, Penalties, of the [U.A.C.P.] I.C.C.E.C.A.P. is amended
[by the addition of the following Subsection 204.1 ] to read as follows:
[ "204.1 Penalties.] " 1003.1 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 the Pueblo Municipal Code. The application of any
such penalty shall not be held to prevent the enforced removal of prohibited
conditions."
(d) Section [301.1] 1101 of the [U.A.C.P.] I.C.C.E.C.A.P. entitled [ "Permits
Required "] "Board of Appeals established" 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 830 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. "]
1101. There is hereby created an Electrical Board of Appeals to perform the
functions set forth in Chapter 1 of Title IV of the Pueblo Municipal Code."
(e) [Appendices] Annexes [A -F] A through F of the [2002] 2005 N.E.C. are
hereby adopted in their entirety. Annex G is not adopted.
SECTION 4.
Section 4 -3 -6 of Chapter 3, Title IV, of the Pueblo Municipal Code is amended to read as follows:
(a) Whenever in the N.E.C. or [U.A.C.P.] I.C.C.E.C.A.P. it is provided that
anything must be done to the approval of, required by, 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.] I.C.C. E.C.A. P. in an arbitrary or discriminatory manner.
(b) 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, regulation or ordinance, the more restrictive or that imposing the highest
standards shall apply.
SECTION 5.
Section 4 -3 -8 of Chapter 3, Title IV of the Pueblo Municipal Code is hereby amended to
read as follows:
Sec. 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] N.E.C. or the
[Uniform Administrative Provisions for the National Electrical Code] I.C.C.E.C.A.P. 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] N.E.C. or the [Uniform
Administrative Code Provisions for the National Electrical Code] I.C.C.E.C.A.P. 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.
(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] N.E.C. or the [Uniform
Administrative Code Provisions for the National Electrical Code] I.C.C.E.C.A.P. 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.
(d) Any permits issued pursuant to the provisions of this Chapter, the [National
Electrical Code] N.E.C. or the [Uniform Administrative Code Provisions for the National
Electrical Code] I.C.C.E.C.A.P. may be suspended, terminated or revoked by the Building
Official for (1) any of the reasons stated in [Subsection] [303.5] Section 403.7 of the
I.C.C.E.C.A.P. [Uniform Administrative Code Provisions for the National Electrical Code] or
(2) any material violation 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 premises 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.] I.C.C.E.C.A.P. or any license or permit issued
thereunder, the City or the Department, or both, 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.] I.C.C.E.C.A.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.
A public hearing to consider the adoption of the National Electrical Code, 2005 Edition, with
modifications, and the International Code Council Electrical Code Administrative Provisions, 2003
Edition, with modifications shall be held in the Council Chambers, City Hall, 1 City Hall Place,
Pueblo, Colorado at 7:00 p.m. on January 23, 2006. The City Clerk is directed to publish notice of
such hearing pursuant to Section 31 -16 -203 of the Colorado Revised Statutes.
SECTION 7.
The adoption of this Ordinance, the 2005 National Electrical Code and the 2003
International Code Council Electrical Code Administrative 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 codes. 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 non - enforcement of this Ordinance or said
codes. Nothing in the Ordinance or in said codes 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 8.
If any part, section, subsection, sentence, clause or phrase of this Ordinance or the
adopted 2005 National Electrical Code or the adopted 2003 International Code Council Electrical
Code Administrative 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 2005 National Electrical Code or of
the 2003 International Code Council Electrical Code Administrative Provisions.
SECTION 9.
The Council finds and declares that a certified true copy of the National Electrical Code,
2005 Edition, and the International Code Council Electrical Code Administrative Provisions, 2003
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 6 of this Ordinance, and shall remain in
said office for public inspection. After adoption of this Ordinance, a copy of the 2005 National
Electrical Code and the 2003 International Code Council Electrical Code Administrative Provisions
shall be kept in the office of the Building Official at the Pueblo Regional Building Department, 316
15 Street W, Pueblo, Colorado. Copies of the 2005 National Electrical Code and the 2003
International Code Council Electrical Code Administrative Provisions shall be available through the
Pueblo Regional Building Department for purchase by the public at a moderate price.
SECTION 10.
This Ordinance shall become effective 30 days after final passage and approval.
INTRODUCED December 27, 2005
BY Jeff Chostner
Councilperson
APPROVED: — ,
President of City Council
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED January 23, 2006
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM 1 4 7
DATE: December 27, 2005
DEPARTMENT: Pueblo Regional Building Department
David Vaughn, Director
TITLE
AN ORDINANCE AMENDING CHAPTER 3 OF TITLE IV OF THE PUEBLO
MUNICIPAL CODE RELATING TO ELECTRICAL REGULATIONS AND ADOPTING BY
REFERENCE THE NATIONAL ELECTRICAL CODE, 2005 EDITION, PUBLISHED BY
THE NATIONAL FIRE PROTECTION ASSOCIATION, 1 BATTERYMARCH PARK,
QUINCY, MASSACHUSETTS 02169 -7471, AND THE INTERNATIONAL CODE
COUNCIL ELECTRICAL CODE ADMINISTRATIVE PROVISIONS, 2003, PUBLISHED
BY THE INTERNATIONAL CODE COUNCIL, INC., SUITE 600, 5203 LEESBURG
PIKE, FALLS CHURCH, VA 22041, AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF
ISSUE
Should the proposed Ordinance be approved?
RECOMMENDATION
The proposed Ordinance should be approved.
BACKGROUN
Amendments are necessary in order to comply with the most recent National Electrical Code as
required by the State of Colorado.
FINANCIAL IMPACT
None.