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HomeMy WebLinkAboutCC ORD 2005-2265 Amends Ord. 2002-2207 and Ch. 15.24, California Electrical Code (15.24)ORDINANCE NO. 2005 — 2265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2004 EDITION, THE NATIONAL ELECTRICAL CODE, 2002 EDITION AND ARTICLE 80 (ADMINISTRATION AND ENFORCEMENT OF THE NATIONAL ELECTRICAL CODE), 2002 EDITION, AS AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS WITHIN THE CITY, AND AMENDING ORDINANCE NO. 2002-2207 AND CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the California Electrical Code, 2004 Edition, the National Electrical Code, 2002 Edition and Article 80 of the National Electrical Code, 2002 Edition. Section 2. The City Council of the City of National City hereby amends and deletes certain sections, and adds sections to the California Electrical Code, 2004 Edition, the National Electrical Code, 2002 Edition and Article 80 of the National Electrical Code, 2002 Edition, and amends Ordinance No. 2002-2207 and Chapter 15.24 of the National City Municipal Code, to read as follows: Sections: 15.24.005 15.24.010 15.24.015 15.24.020 15.24.025 15.24.030 15.24.035 15.24.040 15.24.045 15.24.050 15.24.055 15.24.060 15.24.065 15.24.070 15.24.075 15.24.080 15.24.085 CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE California Electrical Code (2004 Edition), the National Electrical Code, (2002 Edition) and Article 80 of the National Electrical Code, 2002 Edition adopted Section 80.2 "Definitions" —amended Section 80.7 "Title" -amended Section 80.13 (6) "Authority" — amended Section 80.13 (7) "Authority" amended Section 80.15 "Electrical Board"-- amended Section 80.19 (B) "Content" — amended Section 80.19 (D) "Annual Permits" — deleted Section 80.19 (E) "Fees" — amended Section 80.19 (F) "Inspection and Approvals" — amended Section 80.19 (G) (7) "Revocation of Permits" — amended Section 80.19 (H) "Applications and Extensions" — amended Section 80.19 (I) "Permit Denial" — added Section 80.23 "Notice of Violations, Penalties" — amended Section 80.27 "Inspector's Qualifications" — deleted Section 80.29 "Liability for Damages" — deleted Section 80.35 "Effective Date" -- amended 15.24.005 California Electrical Code (2004 Edition), the National Electrical Code (2002 Edition) and Article 80 of the National Electrical Code, 2002 adopted. There is adopted by the city council, for the purpose of prescribing regulations governing the installation, repair, operation, and maintenance of all electric wiring and electrical apparatus within the city, that certain code known as the California Electrical Code (2004 Edition), the National Electrical Code (2002 Edition) and Article 80 of the National Electrical Code, 2002 Edition, prepared by the National Fire Protection Association and published by the California Building Standards Commission, and the whole thereof, save and except such portions as are hereinafter deleted, added, modified or amended, of which code one copy has been and is now filed in the office of the City Clerk; and the same is adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter takes effect, the provisions thereof shall be controlling within the city limits. 15.24.010 Section 80.2 "Definitions" —amended. Section 80.2 of the California Electrical Code is amended to read: Authority Having Jurisdiction. The Building Official of the City of National City is the officer charged with the administration and enforcement of this code. Chief Electrical Inspector. The Chief Electrical Inspector shall be the person providing expertise for the building official in the area of electrical regulations. 15.24.015 Section 80.7 "Title" --amended. Section 80.7 of the California Electrical Code is amended to read: 80.7 Title. These regulations shall be known as the "Electrical Code", may be cited as such and will be referred to herein as "this code". 15.24.020 Section 80.13 (6)--amended. Section 80.13 (6) of the California Electrical Code, 2002 Edition, is amended by the addition of a second paragraph as follows: (6) Unsafe Electrical Systems or Equipment. No electric fence shall be constructed, maintained or operated within the City of National City. Electrical fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which • are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 Section 80.13 (7)--amended. Section 80.13 (7) of the California Electrical Code, 2002 Edition, is amended to read: (7) When necessary to make an inspection to enforce any of the provisions of this code or reasonable cause to believe that there exist in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous 2005 Ordinance 2 Adoption of Electrical Code or hazardous, the building official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.24.030 Section 80.15 "Electrical Board" --amended. Section 80.15 of the California Electrical Code, 2004 Edition is amended to read: 80.15. Advisory and Appeals Board. The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have the jurisdiction to review the items as enumerated in Section 15.04 of the National City Municipal Code. 15.24.035 Section 80.19 (B) "Content" --amended. Section 80.19 (B) of the California Electrical Code, 2004 Edition, is amended to read: 80.19 (B) Content. Permits shall be issued by the authority having jurisdiction. In addition, the permit shall indicate the following: (1) Operation or activities for which the permit is issued (2) Address or location where the operation or activity is to be conducted (3) Name and address of the permittee (4) Permit number and date of issuance 15.24.040 Section 80.19 (D) "Annual Permits" -deleted. 15.24.045 Section 80.19 (E) "Fees" --amended. Section 80.19 (E) of the California Electrical Code, 2004 Edition, is amended to read: 80.19 (E). Fees. The fees for each electrical permit shall be as set forth in the National City Fee Schedule adopted by the City Council. 15.24.050 Section 80.19 (F) "Applications and Extensions" --amended. Section 80.19 (F) of the California Electrical Code, 2004 Edition, is hereby amended to read: (1) All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the building official, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the building official. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for the expense entailed in the removal or replacement of any material required to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final 2005 Ordnance 3 Adoption of Electrical Code inspection shall be made. Electrical systems and equipment regulated by this code shall not be connected to the energy source until authorized by the building official. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel provisions of this code or of other ordinances of the jurisdiction shall not be valid. (2) Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. (3) It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. Operation of Electrical Equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been with the building official not more that 4a8 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (4) Other Inspections. In addition to the called inspections required by this code, the building official may make or require other inspections of work to ascertain compliance with the provision of this code and other laws which are enforced by the code enforcement agency. (5) Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for area not made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. 2005 Ordinance 4 Adoption of Electrical Code Reinspection may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. In the instances where reinspeciton fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 15.24.055 Section 80.19 (G) (7) "Revocation of Permits" --amended. Section 80.19 (G) (7) of the California Electrical Code, 2004 Edition, is amended to read: (7) A permit issued under this code shall continue until revoked or expired. The permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change that affects any of the conditions of the permit shall require a new or amended permit. 15.24.060 Section 80.19 (H) "Applications and Extensions" --amended. Section 80.19 (H) of the California Electrical Code, 2004 Edition, is hereby amended to read: 80.19 (H). Applications and Extensions. Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the building official within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the building official within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; 2005 Ordinance 5 Adoption of Electrical Code C. The same edition of the California codes are in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid. E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid. D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three Years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The building official may extend the time 2005 Ordinance 6 Adoption of Electrical Code for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 15.24.065 Section 80.19 (I) "Permit Denial" --added. Section 80.19 (I) of the California Electrical Code, 2004 Edition, is hereby amended by addition of the following: 80.19 (I). Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Code. 15.24.070 Section 80.23 "Notice of Violations, Penalties" --amended. Section 80.23 of the California Electrical Code, 2004 Edition, is hereby amended to read: 80.23 Notice of Violations, Penalties. Violation of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.075 Section 80.27 "Inspector's Qualifications" —deleted. Section 80.27 of the California Electrical Code, 2004 Edition, is hereby deleted. 15.24.080 Section 80.29 "Liability for Damages" --deleted. Section 80.29 of the California Electrical Code, 2004 Edition, is hereby deleted. 15.24.085 Section 80.35 "Effective Date" —amended. Section 80.35 of the California Electrical Code, 2004 Edition, is hereby amended to read: 80.35 Effective Date. Article 80 shall take effect 30 days after its passage and publication. PASSED and ADOPTED this ) / day of , 2005. ATTEST: MichaI R. Dalla, City Clerk yin, Nick Inzunza, Mayor APPROVED AS TO FORM: s George H. Eiser, III City Attorney 2005 Ordinance 7 Adoption of Electrical Code Passed and adopted by the Council of the City of National City, California, on June 21, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Jerk of the City jlf National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on June 7, 2005, and on June 21, 2005. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2005-2265 of the City Council of the City of National City, passed and adopted by the Council of said City on June 21, 2005. City Clerk of the City of National City, California By: Deputy