HomeMy WebLinkAboutCC ORD 2023-2510 2022 California Electric Code AdoptionORDINANCE NO. 2023 - 2510
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING
THE 2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ANNEX H, AND THE 2020
ELECTRICAL CODE, AND AMENDING CERTAIN SECTIONS OF THOSE CODES, AND
AMENDING CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL 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 adopts the 2022 California
Electrical Code, Annex H of the 2022 California Electric Code, California Code of Regulations,
Title 24, Part 3, including all Annexes, and the 2020 National Electrical Code except as
amended in Chapter 15.24 of the National City Municipal Code.
Section 2. The City Council of the City of National City deletes, adds, or modifies
certain provisions of the 2022 California Electrical Code and Annex H of the 2022 California
Building Code, consistent with their findings adopted in 2013 under Ordinance No. 2013-
2386, which findings are incorporated heroin by reference.
Section 3. The City Council of the City of National City amends Chapter 15.24 of the
National City Municipal Code to read as follows:
CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE
Sections:
15.24.005 01 California Electrical Code, Annex H of the 2022 California
Electrical Code and the 2020 National Electrical Code -Adopted and
amended.
15.24.010
15.24.015
1 5 , 24. 020
15.24.025
15.24.030
Annex HI, Administration and enforcement -Adopted and amended
Annex H, Section 80.13 "Authority '", Subsection 80.13(7) `"P.ightof
entry"- Amended.
Annex H, Section 80.13 "Authority" Subsection 80.13(1 )''Electric
Fences Prohibited" -Added.
Annex H, Section 80.19 "Permits and Approvals", Subsection
80.19(0) "Annual permits" - Deleted.
Annex H, Section 80.19 "Permits and Approvals", Subsection
80.1 (E) "Fees" -Amended.
15.24.035 Annex H, Section 80.23 "Notice of Violations, Penalties,"
Subsection 80.23(8)(4) "Work commencing before permit issuance"
' -
Added.
15.24.040
15.24.045
Annex H, Section 80.19 ''Permits and Approvals", Subsection
80.19(F) '"Inspection and approvals" -Amended.
Annex H, Section 80.1 ,'Permits and Approvals", Sul: section
80.1 (H) "Applications and extensions, -Amended.
15.24.050
15.24.055
15.24.060
15.24.065
15.24:0 0
15.24.075
15.24,080
Annex H, Section 80.19 "Permits and Approvals Subsection
80.19(1) "Permit denial" -Added.
Annex H, Section 80.23"Notice of violations, penalties" -Amended.
Annex N-, Section 80.25 "Connection to electrical supply",
Subsection 80.25(C) "Notification" - Deleted.
Annex H, Section 80.27 inspector's qualifications" - Deleted.
Annex H , Section 80.29 "Li l ilityfor damages"- Deleted.
Annex G, "Supervisory Control and Data Acquisition SCA A " -
Deleted.
Article 89 "General Code Provisions", Subsection 89 108.8
"Appeals Board" -Amended.
15.24.005 2019 California Electrical Code, Annex H of the 2019 California Electrical
Code and the 2017 National Electrical_ Code_ - Adopted and amended. The City Council
adopts 2022 California Electrical Code, Annex H of the 2022 California Electric Code,
California Code of Regulations , Title 24, Part 3, including all Annexes , and the 2020 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 amends , deletes, or adds certain sections of the 2022 Electrical
Code, Annex H of the 2022 Electrical Code, and the 2020 National Electrical Code, based on
local climatic, topographic or geological conditions that justify deviating from said Codes. The
City Council does specifically and expressly find and declare that the nature and uniqueness
of the dry Southern California climate, and the geological and topographical conditions
in the City of National City, including the age and concentration of structures , and the
differences in elevation throughout the City, do reasonably necessitate and demand changes
in and variations from the 2022 California Electrical Code. Copies of these codes are filed
in the office of the building official, and are adopted and incorporated as if fully set out in this
chapter, and the provisions thereof shall be controlling within the city limits.
15.24.010 Annex H. Administration and enforcement - Adopted and amended .
ANNEX H to the 2022 California Electrical Code entitled "Administration and Enforcement",
is adopted subject to the following additions, amendments and deletions contained in this
chapter.
'1 .24.0'1 5 Annex H, Section 80.1 3 "Authority", Subsection 80.13 7 "Right of entry"
Amended.Section 80.1 (7)ofAnnex H of the 2022 California Electrical Code is amended to
read asfollows:
80.13(7) Right of entry. When necessary to make inspections to enforce any provision
of this code, or when the Building Official 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 Building Official, or designee, may request entry
as specified in Chapter 1 12 of the National City Municipal Code.
15.24.020 Annex H, Section 80.13 "Authority'', Subsection 0.13(1 ) "Electric Fences
l rohibited" - Adcled. Section 80.13 (17)is added to Annex H of the 2022 California Electrical
Code as follows:
80.1307) Electrical Fences Prohibited. No electrical fence should 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 charged
with electricity which are not covered with adequate insulation to protect persons and animals
coming incontact therewith.
15.24.025 Annex H, Section 80.19 ''Permits and Approvals". Subsection 80.19(0)"
Annual Permits" - Deleted. Section 80.19(0) of Annex H of the 2022 California Electrical Code
is deleted.
15.24..030 AnnexH. Section =:j i -_ "Permits and Approvals", Subsection 80.19(E)
E)
Fees" Amended. Section 0.1 (E) ofAnnex 1 of the 2022 California Electrical Code is
amended to read as follows:
80.19(E) Fees. Fees shall be assessed in accordance with the current City of
National City Fee Schedule.
1524.035 Annex H. Section 80.23 "Notice of Violations. Penalties," Subsection
80,23()(4) ""work commencing before permit issuance" - Added. Subsection 80 2 ()0 )
is added to Annex H of the 2022.California Electrical Code as follows :
80.23(8)(4) Work commencing before permit issuance. Any person who co nrences
any work on a building- structure, electricai, gas, mechanical or plumbing system before
obtaining the necessary permits shall be subject to an administrative penalty equal to the
inspection fee portion the permit fee that would be required by this coce it a permit were to be
issued The administrative penalty is in addition to a permit fee.
When a plan review is required for issuance of such permit, the Ian review fee portion
will not be subject to said penalty. The payment of such administrative penalty shall not exempt
any person from compliance with all other provisions of this code or from any penalty prescribed
bylaw
15.24.040 Annex i-1 Section 80.19 "Permits and Approvals". Subsection 80.19(F)
"Inspection and approvals Amended. Section 80.19(F) of Annex H of the 2027 California
Electrical Code is amended to read as follows:
80.1 9F Inspection and approvals
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 approve° by the Building Official.
It shall be the duty of the perrnittee to cause the electrical system
to remain accessible and exposed for inspection purposes. Neither
the Building Official, 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
4
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 City of National City. Inspections presuming to
give authority to violate or cancel provisions of this code or other
ordinances of the City of National City shall not be valid.
2 Inspection requests. It shall be of the duty of the permittee 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.
it shall be the duty of the permittee to provide access to and means
for inspection of such work.
3) Operation of Electrical Equipment. The requirements -of -section
15. 4.0 0 shall not be construed to prohibit the operation of any
electrical system or equipment installed to replace existing ec uiprnent.
The request for inspection of such equipment must have been with the
Building Official not morethan forty-eight 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) Ike -inspections.► 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 or the corrections previously required are not
made;
B. Calling for an inspection before the job is ready for such
inspection or re -inspection;
C. The inspection record card or the approved plans are not
posted or otherwise available to the inspector;
G. Failure to provide access on the date for which the
inspection is requested; or
E. Deviating from the approved plans when such deviation or
change required approval of the Building Official.
To obtain a re -inspection, the perrnittee shall file an application
in writing on a form provided for that purpose and pay the rem
inspection fee in accordance with the current City of National City
Fee Schedule. in instances where re -inspection fees have been
assessed, no further inspections shall be performed until the fees
have been paid.
15.24.45 Annex H, Section 80.19 "Permits and Approvals". Subsection 30.1 H)
"Applications and extensions" Amended. Section 80.19(H) of Annex H of the 2019
California Electrical Code is amended to read as follows:
5
80.19(H) and Extensions. 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 perrnit is not commenced
within twelve 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 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 have commenced if the permittee has
obtained a required inspection approval of work authorized by the permit by
the Building Official within twelve 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 six
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 twelve 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
E. 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; and
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 urn payment of a permit fee equal to ore -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;
6
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; and
D. A renewal permit shall expire three 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_lhe_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 here 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 subsection 15.24.045.3 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 Subsections A,
B and C as stated in subsection 15.24.045.3 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 as determined by the Building Official in his or
her sole discretion, the permittee is unable to continue work within the
time required by section 15.24.045. The Building Official 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
from being taken.
5. Permits issued where the perrnittee 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 perrnittee.
1. 4.0 0 Annex H. Section 80.19 "Permits and Approvals", Subsection 80.19(1)
"Permit denial" — Added. Subsection 0.19 1 is added to Annex H of the 2022 California
7
Electrical Code to read as follows:
80.19(1) Permit Denial. The Building Official 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 o.,,. the National City Municipal
Code, or where there exists unlawful construction or a violation of the
National City Municipal Code.
15 .24,0 Annex H.Section 80.23 'Notice of violations enalties" - Amended.
Section 80,23 of Annex H of the 2022 California Electrical Code is amended to read as
follows:
80.23 Violations. Penalties. It shall be unlawful for any person, firm
or corporation to erect, construct, enlarge, alter, repair, m_ ve.,_ improve,
remove, convert or demolish, equip, use, occupy or maintain any building or
structure or cause or permit the same to be done in violation of this code.
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.
1.2.00 Annex H.Section 80.25 "Connection to electrical supply", Subsection
8�0_2 C ."Notification ion" - Deleted. Subsection 80 2 C) of Annex Hof the 2019
California Electrical Code is deleted.
i.24.P65 Annex H ,Section 80.27 "inspector's qualifications" - Deleted. Section
80.27 of Annex H of the 2019 California Electrical Code is deleted.
15.24.070 Annex H .Section 80.29 "Liability for damages" - Deleted. Section 80.29
of Annex H of the 2019 California Electrical Code is deleted.
15 . 4.075 Annex C. Supervisory Control and Data Acquisition (SCADA)- Deleted.
Annex G of the 2019 California Electrical Code is deleted.
15.24.080 Article 8 "General Code Provisions". Subsection 8.1.8 "Appeals
Board"-Amended.Subsection 8 .108,8 of Article 89 the 2022 California Electrical Code is
amended to read as follows:
Section 107.1. Board of Appeals. In order to hear and decide appeals
of orders, decisions, or determinations of the Building Official relative to
the application and interpretation of this code, the City Council shall apocint
an ad hoc Board of Appeals comprised of three 8 members who are
qualified by experience and training to pass upon matters pertaining to
tuiloing codes, regulations, and ordinances, and who are not employees
of the City. Board members shall serve at the pleasure of the City Council.
8
The Board shall comply with Fosenberg's Rules of Order in conducting their
business, and shall render written decisions and findings to the appellant
with a copy to the Building Official. Decisions of the Board may be appealed
to the City Council by the appellant or by the Building Official within thirty
(30) days of the Decision of the Board by filing of a written notice of appeal
with the Director of Community Development stating the reasons for the
appeal. The person filing the appeals and the opposing party shall be given
at least ten days' written notice of the time and place of the hearing on the
appeal.
INTRODUCED ED at Regular Meeting of 7th day of February, 2023.
PASSED and ADOPTED this 21st day of February, 2023.
Morrison, Mayor
ATTEST:
Shelley �pel, MMC
Interim Clerk
APPROVED AS TO FORM:
Barry J. Scaul
City Attorney
Passed and adopted by the Council of the city of National City, California, on February
21, 2023 by the following vote, to -wit:
Ayes: Morrison, Molina, Bush, Rodriguez, Yamane
Nays: None.
Absent: None.
Abstain: None,
AUTHENTICATED BY: Ron Morrison
Mayor of the City of National City, California
By:
Shelley Chapel
Interim City clerk of the
City of National city, California
Interimity Clerk
itivt,
I HEREBY Y 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 February 7, 2023 and on February 21, 2023.
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 Tess 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. 2023-2510 of the City Council of the City of National City, passed
and adopted by the council of said City on February 21, 2023.
By:
Interim City Clerk of the
City of National City. California
al/A Interir�i ity Clerk