Loading...
HomeMy WebLinkAbout07892ORDINANCE NO. 7892 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, 2008 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, 1 BATTERYMARCH PARK, QUINCY, MASSACHUSETTS 02169- 7471, AND PROVIDING PENALTIES AND REMEDIES 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 Administrative Provisions; adoption by reference. The National Electrical Code, [2005] 2008 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] E inclusive, but excluding Annexes F [Annex G] through H, and the International Code Council Electrical Code Administrative Provisions 2003 Edition, except the sample ordinance form contained therein, promulgated by the International Code Council, Inc., Suite 600, 5203 Leesburg Pike, Falls Church, VA 22041, hereinafter referred to as the "I.C.C.E.C.A.P. ", as amended by this Chapter, are adopted and enacted by reference; provided, however, that the following portions of the I.C.C.E.C.A.P. are not adopted and are expressly deleted: Section 401.3 entitled "Work exempt from permit" and Section 404.2 entitled "Schedule of permit fees." Copies of the N.E.C. including adopted Annexes A through [F] E and the 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. Any reference in this Chapter 3 to the "N.E.C." shall mean the National Electrical Code. 2008 Edition adopted by this Section. 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(A)] 230.70(A) of the N.E.C. is amended by the addition of new subparagraphs (4) and (5), to read as follows: "(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. "(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) 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) One- and two - family dwellings. "(2) Multi- family dwellings and other structures, except as prohibited in Section 334.12. "(3) Cable trays, where the cables are identified for the use. "FPN: 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. 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. 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) Section 334.12 of the N.E.C., Uses Not Permitted, is amended to read as follows "334.12. Uses Not Permitted. "A. Types NM, NMC and NMS. Types NM, NMC and NMS cables shall not be [used] permitted in the following: "(1) 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) As service- entrance cable. "(3) In commercial garages having hazardous (classified) locations as provided in Section [511.3(B)] 511.3. "(4) In theaters and similar locations, except as provided in Article 518, Assembly Occupancies. "(5) In motion picture studios. "(6) In storage battery rooms. "(7) In hoist ways. "(8) Embedded in poured cement, concrete or aggregate. "(9) In any hazardous (classified) location, except as permitted by Sections 501.10 Wiring Methods, 502.10 Wiring Methods and 504.20 Wiring Methods. "B. Types NM and NMS. Types NM and NMS cable shall not be installed in the following: "(1) Where exposed to corrosive fumes or vapors. "(2) Where embedded in masonry, concrete, adobe, fill or plaster. "(3) In a shallow chase in masonry, concrete or adobe and covered with plaster, adobe or similar finish." (d) Section [408.35] 408.36 of the N.E.C. is amended by the addition of a new paragraph E thereto, to read as follows: I Additional Space in Panelboards. A new panelboard shall have sufficient ampacity and space for at least four (4) full -size circuit breakers for future usage." (e) Section [725.52] 725.130 is amended by the addition of a new paragraph (C), to read as follows: "(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 eight (8) conductors." SECTION 3. Section 4 -3 -3 of Chapter 3, title IV of the Pueblo Municipal Code, as amended, is amended by amending subsection (e) thereof to read as follows: Sec. 4 -3 -3. Administrative Provisions Code amendments. (e) Annexes A through [F] E of the [2005] 2008 N.E.C. are hereby adopted in their entirety. Annexes F [G] through H [is] are not adopted. SECTION 4. Sections 4 -3 -5, 4 -3 -6, 4 -3 -7 and 4 -3 -8 of Chapter 3, Title IV of the Pueblo Municipal Code, as amended, are hereby readopted in their entirety. SECTION 5. A public hearing to consider the adoption of the National Electrical Code, 2008 Edition, with modifications, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m. on October 14, 2008. The City Clerk 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 and the 2008 National Electrical Code 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 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 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 2008 National Electrical Code 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 2008 National Electrical Code. SECTION 8_ The Council finds and declares that a certified true copy of the National Electrical Code, 2008 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 5 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the 2008 National Electrical Code 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 2008 National Electrical Code shall be available through the Pueblo Regional Building Department for purchase by the public at a moderate price. SECTION 9 It shall be unlawful and a municipal offense for any person, firm, partnership, corporation, limited liability company or other entity to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Ordinance or of the N.E.C. adopted herein. Any person found guilty of a violation of this Ordinance or of the NEC shall be punished as provided in Section 4 -3 -8 of the Pueblo Municipal Code, as amended. In addition thereto, the City is authorized to enforce this Ordinance through the exercise of any one or more of the remedies set forth in Section 4 -3 -8 of the Pueblo Municipal Code, as amended, which remedies are hereby expressly declared to be cumulative, the exercise of any one or more not constituting any bar or limitation to the exercise of any other. SECTION 10. This Ordinance shall become effective 30 days after final passage and approval. INTRODUCED September 22, 2008 M. Councilperson PRt A sr) a { C E Randv Thurston PASSED AND APPROVED: October 14, 2008 Background Paper for Proposed ORDINANCE DATE: September 22, 2008 AGENDA ITEM # 42 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, 2008 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, 1 BATTERYMARCH PARK, QUINCY, MASSACHUSETTS 02169 -7471, AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF ISSUE Should City Council adopt, by reference, the National Electrical Code, 2008 Edition as Published by the National Fire Protection Association? RECOMMENDATION The Pueblo Regional Building Department recommends adoption of the Ordinance. BACKGROUND The amendments are necessary in order to comply with the most recent National Electrical Code, as required by the State of Colorado. FINANCIAL IMPACT None.