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Home My WebLink About6.6 ElectricalCodeAmend CITY CLERK File # D~W1Í151·[2]~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 21,2005 SUBJECT: ATTACHMENTS: RECOMMENDATION: /7 ,l'Ý 1. A{/'" 2. '\ 3. 4. 5. 6. FINANCIAL STATEMENT: DESCRIPTION: PUBLIC HEARING: An Ordinancc of the City of Dublin amending Chapter 7.36 ofthe Du.blin Municipal Code, adopting by reference and amending the 2002 Edition of the National Electrical Code. 2nd Reading. V Report Prepared by: Gregory Shreeve Sr.. Building O.fficial~ 1. Ordinance amending Chapter 7.36 of the Dublin Municipal Code; which adopt by reference the 2002 Edition of the National Electrical Code (Exhibit A) Open Public Hearing Receive Staft" Presentation Receive Public Testimony Close Public Hearing Deliberate Waive Reading and adopt Ordinance (Attachment I) Amending Chapter 7.36 of the Dublin Municipal Code, which adopts by reference the 2002 Edition of the National Electrical Code, with a local amendment as approved by the City Council Resolution no. 88--05. No financial impact. The model construction codes are adopted and published as part of the California Building Standards Code (California Code of Regulations, Title 24) by the California Building Standards Commission and by the California Departrnent of Housing and Community Development on a three-year cycle. The tri- annual code cycle includes the Building, Plumbing, Mechanical, Electrical and Fire Codes. However, the State is only ready to adopt the Electrical Code at this time. P\rnIuant to Government Code Section 36937, the 2002 National Electrical Code will become eft"ective on August 1,2005. In order to ensurc continuity of the City's building standards, the provisions ofthis Ordinance must take effect on or before August 1,2005. The 2002 National Electrical Code (2002 NEC) with California amendments (2004 California Electrical Code) wi11 be applicable to the City of Dublin as published by the State unless the City Council finds that changes or modifications arc necessary due to local climatic, geological or topographical conditions and adopts a resolution to that effect. The Council made two (2) modifications to the Electrical Code when -~~-----~--~~---------------------------~~-----~---------------~--------- COPIES TO: In House Distribution ITEMNO.~" \Ob7- G:\Agcndas\2()O::¡:\Buìldíng Code Adnptilm \CC!'iT bldg codes 2005 2nd reading 2.doc CI the City previously adopted and amended the 1999 National Electrical Code at the conclusion ofthe three-year cyc1e that ended in 2002. The purpose of thcse modifications was to: I. Require the installation of receptacles (electrical plug outlets) in offices of an office building; and 2. Restrict the u.se of Nonmetallic Sheathed Cable (Romex type wiring) to residential buildings less than four stories in hcight only. The proposcd Ordinance wi11 amend Chapter 7.36 of the Dublin Municipal Code. This action will replace the 1999 National Electrical Code adopted in 2002, as currently referenced in the Municipal Code, with the code version now required by the California Building Standards Commission, and as referenced in the California Building Standards Code. This new Code will benefit the City by: I. Ensuring consistency with neighboring jurisdictions and the Bay Area; 2. Provide an internally consistent, coherent and easier to use code for City Staff; 3. Make it easier for the public to review and to u.nderstand thc Electrical Code requirements; and 4. Ensure the City's compliance with the Statc's building standards laws. CITY COUNCIL ACTION: At the Public Hearing of June 7, 2005, the City Council heard a presentation from Staft", took public testimony and waived the first reading of an Ordinance introducing amendments to Chapter 7.36 which adopt by reference the 2002 Edition of the National Electrical Code and Passed Resolution H-05 approving an amendment to provisions in the California Building Standards Code by including, Findings of Necessity for Amendment to the 2002 National Electrical Code. As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is necessary prior to final adoption of the 2002 Edition of the National Electrical Code. The Ordinance adopting thcse codes wi11 become effective on August 1,2005. RECOMMENDATION: Staft"recommends that thc City Council open the Public Hearing, receive staff presentation and public testimony, close the public hearing, deliberate, and waive the reading and adopt the Ordinance (Attachment J) amending Chapter 7.36 of the Dublin Muuicipal Code, which adopts by reference the 2002 edition ofthe National Electrical Code, with local amendments as approved by City Council Resolution no.jK-05. 2"b7.. 10bt1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *.** ***********************..* ***** AMENDING CHAPTER 7.36 OF THE DUBLIN MUNICIPAL CODE; WHICH ADOPTS BY REFERENCE AND AMENDS THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE. The City Council ofthe City of Dublin does ordain as follows: Section I. Chapter 7.36 (as set forth in Attachment 1. Exhibit A), of the Dublin Municipal Code, is hereby amended to adopt by reference, pursuant to Health and Safety Code Se,,·tion 17922, the 2002 edition of the National Electrical Code as amended; except that, in accordance with Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with Government Code Section 50222.6, at least one true copy of codes adopted by reference has been on file with the City Clerk since fifteen~days prior to enactment of this Ordinance. While Chapter 7.36 of the Dublin Municipal Code remains in force, a reasonable supply of the incorporated code shall be available in the office ofthc City Clerk for public purchase. Section 2. This ordinance shall take effect on August 1, 2005. The California Building Standards Commission adopted and published as part of the 2004 California Buildings Standards Code (California Code of Regulation, Title 24), the 2002 edition of the National Electrical Code on May 14, 2003. Under Section 18938 of the Health and Safety Codc, provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 apply to all occupancies throughout the state and become effective one hundred and eighty days after pu.blication by the California Building Standards Commission (the Commission), or at a later datc cstablished by the Commission. In accordance with Health and Safety Code Section 17958.5, if a city has amended the Code, the amendments also take et'tect one hundred and eighty days after publication of the Code by the Commission. Thc Commission has established that the Code will take etfect August 1,2005. Thc portions of the Code adopted by reference in this Ordinance are amended in accordance with Health and Safety Code Section 17958.5 based on findings of the City of Dublin in Resolution No.H-05. The City Clerk of the City of Dublin shall causc this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Government Code Section 36933. PASSED AND ADOPTED BY the City Council of the City of Dublin on this 21" day June 2005, by the following votes: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK :r:TEM f.Þ.' ltr'2...I¥DS' Attachment 1 Sections: 7.36.010 7.36.020 7.36.030 7.36.040 7.36.050 7.36.060 7.36.070 7.36.080 "2- % '-\ Chapter 7.36 ELECTRICAL CODE Title. Purpose. Adoption. Scope. Exceptions. Additions, alterations and repairs. Fire alarms. Section 210.53, Office receptacle outlets-Added. 7.36.010 Title. The National Electrical Code adopted by Sections 7.36.030 and the provisions of this chapter is the City electrical code and may be cited as such and wi11 be referred to in the National Electrical Code and in this chapter as "this code. 7.36.020 Purpose. A. The promotion and preservation of the public health, safety, and general welfare of the people of the City and the property situated therein havc made necessary the adoption of the National Electrical Code referred to in Section 7.36.030 in order to adequately safeguard life, health, property, and general welfare. B. The purpose of this code is not to create or otherwise establish Gr designate any particular class or groups of persons who will or should be especially protected or benefited by the terms ofthis code. 7.36.030 Adoption. The "National Electrical Code 2002," published by the National Fire Protection Association, a copy of which is filed in the office of the City Clerk, is adopted by reference as the electrical code for the City pursuant to the provisions of Section 50022.1 ct seq. of the Government Code of the State of California, except as hereinafter modified in Sections 7.36.070 and 7.36.090 of this chapter. 7.36.040 Scope. A. The provisions of this code shall apply to the installation, erection, construction, cnlargcment, addition to, alteration, repair, moving, removal demolition, conversion, use, and maintenance of any electrical wiring, appliances, devices, equipment, and apparatuses used for or in connection with the transmission or use of electrical energy for light, heat, power, radio, signaling communication or for other purpose in any building, structure, or preruises within the City. B. The pennissive provisions of this codc shall not be presumed to waive any limitations imposed by any other law, ordinance, rule, or regulation. If two (2) or more Page 1 of3 EXHIBIT A 30b~ pertinent limitations shall prevail which provide greater safety to lifc, health, property or public welfare. C. Electrical appliances and equipment shall be made accessible to the physically handicapped. Whenever there is a conflict between the provisions of this code and Title 24 California Code of Regulation, the provisions of Title 24 shall prevail. 7.36.050 Exceptions. The provisions ofthis code shall not apply to: A. Work located in a public street; B. Electrical installations within trailer coaches, campers, motor vehicles, railroad cars and aircraft; however, if any ofthe foregoing are permanently placed on the ground or have their wheels rCffioved for other than temporary repairs, they shall comply with all the provisions of the electrical codc; C. Electrical installations within houseboats or other watercrafts; however, if any of the foregoing are stored out of the water and used for any purpose whatsoever, they shall comply with all thc provisions of the electrical code; D. Electrical installations owned or operated by a public utility for the use of such utility in the generation, transmission, distribution or metering of electrical energy; E. Radio and television recciving equipment, amateur radio transmitting and receiving equipment, and community antenna tclcvision systems. 7.36.060 Additions, alterations and repairs. A. All work done in connection with an addition to an existing electrical installation shall confonn to the applicable provisions of this code. In addition, any portion of an existing electrical installation which would bccome overloaded or have its capacity cxccedcd as determined by the standards in this code for new installation as a result of the addition shall be made to conform to the applicable provisions of this code. B. Alterations, repairs to, or replacement of equipment in any existing electrical installation shall conform to the applicable provisions of this code except that the Building Official may allow deviations fi'om the provisions of this code, provided the deviations arc ncccssary due to the circumstances of the existing conditions; the existing condition was permittcd by a previous Code; and such deviation does not create or continue a hazard to life, health, and property. 7.36.070 Fire alarms. All fire alarm systems shall conform to the requirements of Title 24, California Administrative Code, Article 3-760. 7.36.080 Section 210.53, Office receptacle outlets-Added. Section 210.53 is added to read: Section 210.53 Office Receptacle Outlets. In office buildings or offices exceeding ten (10) percent of the floor area of the major use receptacle outlets shall be installed in all permanent walls or partitions so that no point along the floor line any wall space is more than six (6) feet (1.83m) measured horizontally; from an outlet in that Page 2 00 L1ðb'-\ space inc1uding any wall space two (2) feet (610 mill) or more in width and the wall space occupied by sliding panels in exterior walls. As used in the section a "wall spacc" shall be considered a wall unbroken along the floor line by doorways, fireplaces and similar openings. Each wall space two (2) or more feet (610 mm) wide shall be treated individually and separately fÌ'om other wall spaces within the room. A wall space shall be permitted to include two or more walls of a room (around corners) wherc unbrokcn at the floor linc. Receptacle outlets shall, insofar as practicable be spaced equal distances apart. Receptaclc outlcts in floors shall not be counted as part of the required number of rcccptacle outlets unless located near the wall. The receptacle outlets required by the section shall be in addition to any receptacle that is part of any lighting fixture or appliance, located within cabinets or cupboards, or located over the and one-half (5 V,) feet (1.68 m) above the floor, Page 3 of3