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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 Oy-d. -W W37 I E W, , I a W! FLL%l)mim ffiEff"7- 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.