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HomeMy WebLinkAboutCC ORD 2010-2353 Adopt 2010 California Electrical CodeORDINANCE NO. 2010 — 2353 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA ELECTRICAL CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 3, ANNEX H OF SAID CODE, AND THE 2009 NATIONAL ELECTRICAL CODE, AS AMENDED ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS WITHIN THE CITY, AND AMENDING CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CALIFORNIA ELECTRICAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Electrical Code, Title 24, Part 3, Annex H of said Code and the 2009 National Electrical Code. Section 2. The adds sections to the 2010 National Electrical Code, b justify deviating from said 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 City Council of the City of National City hereby amends, deletes and California Electrical Code, Annex H of said Code, and the 2009 ased on local climatic, topographic or geological conditions that Code, thereby amending Chapter 15.24 of the National City Municipal CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE 2010 California Electrical Code, Annex H of the 2010 California Electrical Code and 2009 National Electrical Code —Adopted and amended. Annex H. Administration and enforcement —Adopted and amended. Annex H. Section 80.13(7) Right of entry —Amended. Annex H. Section 80.13(17) Electric fences prohibited —Added. Annex H. Section 80.15 Appeals Board —Amended. Annex H, Section 80.19(D) Annual permits —Deleted. Annex H, Section 80.19(E) Fees —Amended. Annex H, Section 80.19(F) Inspection and approvals —Amended. Annex H, Section 80.19(H) Applications and extensions —Amended. Annex H, Section 80.19(1) Permit denial —Added. Annex H, Section 80.23 Notice of violations, penalties —Adopted and amended. Annex H, Section 80.25 Connection to electricity Supply— Deleted. Annex H, Section 80.27 Inspectors qualifications —Deleted. Annex H, Section 80.29 Liability for damages —Deleted. Annex H Section 80.36 Expiration —Added. 15.24.005 2010 California Electrical Code, Annex H of the 2010 California Electrical Code and the 2009 National Electrical Code —Adopted and amended. The city council adopts and incorporates herein the 2010 California Electrical Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2009 National Electrical Code, for the purpose of prescribing in the City of National City, regulations governing the inspection of installations, investigation of fires caused by electrical installations, the review of construction plans, drawings, and specifications for electrical systems, the design, alteration, modification, construction, maintenance, and testing of electrical systems and equipment, the regulation and control of electrical installations at special events including but not limited to exhibits trade shows, amusement parks, and other similar special occupancies, in or on any building or structure, or outdoors on any premises or property. The City Council hereby amends, deletes, or adds certain section of the 2010 Electrical Code, Annex H of the 2010 Electrical Code, and the 2009 National Electrical Code, based on local climatic, topographic or geological conditions that justify deviating from said Code. Copies of these codes have been and are now filed in the office of the Building Official, and the same are adopted and incorporated as if fully set out at length in this Chapter, and shall be controlling within the city limits. 15.24.010 Annex H. Administration and enforcement —Adopted and amended. ANNEX H to the 2010 California Electrical Code entitled "Administration and Enforcement", is adopted subject to the following additions, amendments and deletions contained in this Chapter. 15.24.015 Annex H. Section 80.13 (7) Right of entry —Amended. Section 80.13 (7) of Annex H to the 2010 California Electrical Code is amended to read as follows: 80.13 (7) Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.24.020 Annex H. Section 80.13(17)—Added. Section 80.13 (17) of Annex H to the 2010 California Electrical Code is added as follows: 80.13 (17). Electric Fences Prohibited. No electric fence shall be constructed maintained or operated within the City of National City. Electric fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charge with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 Annex H. Section 80.15 Appeals Board —Amended. Section 80.15 of Annex H of the 2010 California Electrical Code is amended to read as follows: 80.15 Advisory and Appeals Board. The City Council, pursuant to Chapter 15.04, shall have the jurisdiction to review the items as enumerated in Chapter 15.24 of the National City Municipal Code. 15.24.030 Annex H. Section 80.19(D) Annual permits —Deleted. Section 80.18(D) of Annex H of the 2010 California Electrical Code is deleted. Ordinance 2010 — 2353 2 Electrical Code 15.24.035 Annex H. Section 80.19(E) Fees —Amended. Section 80.19(E) of Annex H of the 2010 California Electrical Code is amended to read as follows: Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council. 15.24.040 Annex H. Section 80.19(F) Inspection and approvals —Amended. Section 80.19(F) of Annex H of the 2010 California Electrical Code is amended to read as follows: (1) All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Authority Having Jurisdiction, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Authority Having Jurisdiction. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Authority Having Jurisdiction, nor the City of National City 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 inspection shall be made. Electrical system and equipment regulated by this code shall not be connected to the energy source until authorized by the Authority Having Jurisdiction. 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 of other ordinances of the jurisdiction shall not be valid. (2) Inspection requests. It shall be of the duty of the person doing the work authorized by the permit to notify the Authority Having Jurisdiction that such work is ready for inspection. The Authority Having Jurisdiction 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 Authority Having Jurisdiction. 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. (3) 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 Authority Having Jurisdiction not more than 48 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 Authority Having Jurisdiction 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) Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: (A) The portion of the work for which the inspection was called is not complete; (B) The corrections previously required and for are not made; (C) Calling for an inspection before the job is ready for such inspection or re -inspection; Ordinance 2010 — 2353 3 Electrical Code (D) The inspection record card or the approved plans are not posted or otherwise available to the inspector; or (E) Deviating from the approved plans when such deviation or change required approval of the Authority having jurisdiction. This provision is not to be interpreted as requiring re -inspection 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 re -inspection. Re -inspection fees 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 Authority Having Jurisdiction. In the instances where re -inspection fees have been assessed no additional inspection of the work will be performed until the required fees have been paid. 15.24.045 Annex H. Section 8O.19(H) Applications and extensions —Amended. Section 80.19(H) of Annex H of the 2010 California Electrical Code is amended to read as fol lows: 8O.19(H) Application and Extensions. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. Every permit issued by the Authority Having Jurisdiction 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 Authority Having Jurisdiction 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 Authority Having Jurisdiction 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; Ordinance 2010 — 2353 4 Electrical Code B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is 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 Authority Having Jurisdiction 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 Authority Having Jurisdiction may extend the time 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. Ordinance 2010 — 2353 5 Electrical Code 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.24.050 Annex H. Section 80.19(1) Permit denial —Added. Section 80.19(1) of Annex H of the 2010 California Electrical Code is added as follows: 80.19(1) Permit Denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or 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. 15.24.055 Annex H. Section 80.23 Notice of violation and penalties —Amended. Section 80.23 of the California Electrical Code, 2010 Edition, is amended to read as follows: 80.23 Notice and Violations and Penalties. Notice of violations and penalties shall conform to (A) and (B). (A) Violations. (1) Whenever the Authority Having Jurisdiction determines that there are violations of this Chapter, a written notice shall be issued to confirm such findings. (2) Any order or notice issued pursuant to this Chapter shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such order or notice shall be posted on the premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both. (B) Penalties. (1) Any person who fails to comply with the provisions of this Chapter or fails to carry out an order made pursuant to this Chapter or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. (2) Failure to comply with the time limits of an abatement notice or other corrective notice issued by the Authority Having Jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. (3) Violations of any provisions of this code may be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.060 Annex H. Section 80.25(C) Connection to electricity supply —Deleted. Section 80.25(C) of Annex H of the 2010 California Electrical Code is deleted. 15.24.065 Annex H. Section 80.27 Inspectors qualifications —Deleted. Section 80.27 of Annex H of the 2010 California Electrical Code is deleted. Ordinance 2010 — 2353 6 Electrical Code 15.24.070 Annex H. Section 80.29 Liability for damages —Deleted. Section 80.29 of the California Electrical Code, 2010 Edition, is deleted. 15.24.075 Annex H Section 80.36 Expiration —Added. Section 80.36—Added. Section 80.36 of Annex H to the California Electrical Code is added as follows: Section 80.36 Expiration. Every permit issued by the Authority Having Jurisdiction 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 suspended or abandoned at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six month period upon commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if either a new permit or renewal permit is obtained, as specified below: 1. Permits where work was not commenced. For permits for which work was not been commenced in the first six calendar months from the date of issuance, a renewal permit may be issued only if: (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) The same edition of the adopted codes is in effect as used in the initial plan check; and, (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of the initial permit issuance. When later editions of the 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 the 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. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained only if: (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 permit issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection. a fee equal to one -quarter of the amount required for new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of the initial permit issuance. Ordinance 2010 — 2353 7 Electrical Code The maximum life of a permit renewal in accordance with this sub- section shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of (A) (8) and (C) as stated in this sub -section are met. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of 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 chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Permits issued where the permittee has been deployed to a foreign country, may be held in' abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date. a permit renewal may be obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; and. (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. A permit renewed pursuant to this subsection shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A), (B), and (C) above are met. Section 15.24.080 Annex G, Supervisory Control and Data Acquisition (SCADA)— Deleted. Annex G of the 2010 California Electrical Code is deleted. ATTEST: PASSED and ADOPTED this 23rd day of November, 2010. AL Michael R. Dalla, City Clerk on Morrison, Mayor PROVED TO FORM: audia G. City Atto Ordinance 2010 — 2353 8 Electrical Code Passed and adopted by the Council of the City of National City, California, on November 23, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, California City C rk of the City o National City, California 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 November 9, 2010 and on November 23, 2010. 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. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2010-2353 of the City Council of the City of National City, passed and adopted by the Council of said City on November 23, 2010. City Clerk of the City of National City, California By: Deputy