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HomeMy WebLinkAboutItem 6.3 ElectCodeAmendCh7.36 CITY CLERK File # D[!Elf]DJ-[j]¡a AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 7, 2005 SUBJECT: ATTACHMENTS: RECOMMENDATION: ~ FINANCIAL STATEMENT: DESCRIPTION: PUBLIC HEARING: An Ordinance of the City of Dublin amending Chapter 7.36 of the Dublin Municipal Code, adopting by reference and amending the 2002 edition of the National Electrical Code. Report Prepared by: Gregory Shreeve Sr., Building Official O{-/ 1. Resolution approving amendments to provisions in the California Building Standards Code by reference including (Exhibit A) findings of necessity for amendments to the Uniform Codes. Ordinance amending Chapter 7.36 of the Dublin Municipal Code; the 2002 edition of the National Electrical Code (Exhibit A). 2. 1. 2, 3. 4. 5. 6, Open Public Hearing Receive StaŒPresentation Receive Public Testimony Close Public Hearing Deliberate Adopt Resolution (Attachment I) approving the Findings of Necessity for Amendments to the 2002 edition of the National Electrical Code, as recommended by Staff. Waive Reading and introduce Ordinance (Attachment 2) Amending Chapter 7.36 of the Dublin Municipal Code, which adopts by reference the 2002 edition of the National Electrical Code. 7. No financial impact. This amendment will make no changes to the current fee schedule. 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 Department 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, Pursuant to Government Code Section 36937, the 2002 National Electrical Code will become effective on August 1,2005. In order to ensure continuity of the City's building standards, the provisions of this Ordinance must take effect on or before August I, 2005. ~---------------~----------------------------------~---------------~----- COPIES TO: In Hou~'e Distribution ITEMNO.~ G:\/\gendwi\2ù()5\BuiIding Code Adoption \ccsr bldg cmk!i 2005 1st reading.doc ( ~ 9-- v The 2002 National Electrical Code (2002 NEe) with California amendments (2004 California Electrical Code) will be applicable to the City of Dublin as published by the State unless the City Council finds that changes or modifications are 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 the City previously adopted and amended the 1999 National Electrical Code at the conclusion of the three-year cycle that ended in 2002. The purpose of these modifications was to: 1. Require the instal1ation of receptacles (electrical plug outlets) in offices of an oftlce building: and 2. Restrict the use of Nonmetallic Sheathed Cable (Romex type wiring) to residential buildings less than four storics in height only. The proposed Ordinance will amend Chaptcr 7.36 of the Dublin Municipal Code. This action will replace the 1999 National Electrical Code adopted in 2002, as currently referenced in thc 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 understand the Electrical Code requirements; and 4. Ensurc thc City's compliance with the Statc's building standards laws. Prooo~'ed Cham!es to the Municioal Code: There are two (2) propos cd moditications to the Electrical Code Chapter 7.36 of the Dublin Municipal Code (DMC). 1. Section 7.36.030 - The year is changcd from 1999 to 2002, This is necessary to adopt the most current State standard. 2. Section 7.36.090 - Deletion of Section 7,36,090 of the DMC. The deletion of this scction would al10w for thc installation of Nonmetallic - Sheathcd Cable (Romex type wiring) as permitted by the National Electrical Code and the California Electrical Code. In the past the City and the State have restricted the usc of this wiring method to residcntial buildings less than four stories in height only, now the code wi11 al10w this type of wiring in other buildings and the Staff supports this change. This is necessary to adopt the most current State standard. Staff is recommending that the City's modification to the Electrical Code that requires the installation of receptacles (electrical plug outlets) in oftlces of an officc building be retained, therefore, new findings must be madc by the City (see Exhibit A to Attachment I). RECOMMENDATION: Statfrecommends that the City Council open the Public Hearing, receive Staff prcsentation and public testimony, close thc Public Hearing, deliberate, and I) adopt Resolution (Attachmcntl) approving the findings of necessity for amendments to the 2002 edition of the National Electrical Code as amcnded by Staff; and 2) Waive Reading and introducc the Ordinance (Attachment 2) Amending Chapter 7.36 ofthe Dublin Municipal Code, which adopts by reference the 2002 edition of the National Electrical Code. 2~ l"bl RESOLUTION NO. -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******************************************* APPROVING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2002 NATIONAL ELECTRICAL CODE AS ADOPTED BY THE STATE OF CALIFORNIA, IN THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 PART 3 TO BE ADOPTED BY REFERENCE IN THE DUBLIN MUNICIPAL CODE WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies thro\lghout the state and cffective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later datc established by the Commission; and WHEREAS, Health and Safety Code Section 17958 permits cities to amend the requirements of the California Building Standards Code in accordance with Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because oflocal climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because oflocal climatic, geological or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including codes ofthe State of California, by reference; and WHEREAS, the City Council of the City of Dublin (the City Council) intends to adopt an ordinance adopting by reference provisions of the California Building Standards Code; and WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Building Standards Code set forth in Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and find that the changes to the provisions of the California Building Standards Code set forth in Exhibit A are reasonably necessary because of local climatic, geologic, or topographical conditions in accordance with Health and Safety Code Section J 7958.7; and BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A, shal1 be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7. ~"'1-,,5 ~-3 Attachment 1 ~T PASSED, APPROVED AND ADOPTED this 7th day of June, 2005, by the following votes. AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK G:\Agendas\2005"\Building Code Adoption \Coàc flndìng!i 200s.doc 2 EXHIBIT "A" TO RESOLUTION NO. 05 3C1b,7 FINDINGS FOR MODIFICATIONS TO THE 2002 NATIONAL ELECTRICAL CODE Section 7.36.080 DMC Section 210.53, NEC, 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 (1.83 m) measured horizontally, fÌ'om an outlet in that space including any wall space two (2) feet (610 mm) or more in width and the wall space occupied by sliding panels in exterior walls. As used in the section a "wall space" shall be considered a wan unbrokcn along the floor line by doorways, fireplaces, and similar openings. Eacb wal1 space two (2) or more feet (610 mm) wide shall be treated individually and separately from other wall spaces within thc room. A wal1 space shall be permitted to include two or more walls of a room (around corners) where unbroken at the floor line. Rcceptacle outlets shaJI, insofar as practicable be spaced equal distances apart. Receptacle outlets in floors shall not be counted as part of the required number of receptacle outlets unless located near the wall. The receptacle outlets required by the section shaH be in addition to any receptacle that is part of any lighting fixture or appliance, located within cabinets or cupboards, or located over five and one- half (5 Y» feet (I .68 m) above the floor. FINDINGS: This section requires additional reeeptacles. The City of Dublin is located in a hil!hIv aetive Seismic Zone 4. In Offiee Buildinl!s without these requirements extension cords are beinl! used. Extension cords are Dot afforded the same protection from damat:e as wirinl! raeewavs. Dama2e to extension cords could occur in a seismic event. which increases the potential for a fire. EXHIBIT A FOR ATTACHMENT 1 ~7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN **** ******..****************** ****JjI 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 Counell ofthe City of Dublin does ordain as follows: Section 1. 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 Section 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, Tn accordance with Government Code Sedion 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 offi.ce of the City Clerk tor public purchase. Section 2. This ordinance shall take effect on August I, 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 ofthe Health and Safety Code, 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 publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission. In accordance with Health and Safety Code Section 17958.5, if a city has amended the Code, the amendments also take effect one hundred and eighty days after publication of the Code by the Commission. The Commission has established that the Code will take effect August 1,2005. The portions of the Code adopted by reference in this Ordinance arc amended in accordance with Health and Safety Code Section 17958.5 based on findings of the City of Dublin in Resolution No._-05. The City Clerk of the City of Dublin shall cause this Ordinance to be postcd 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 _ day of , 2005, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MAYOR . CITY CLERK Attachment 2 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 51!b î: Chapter 7.36 ELECTRICAL CODE Title. Purpose. Adoption. Scope. Exceptions. Additions, alterations and repairs. Fire alarms. Section 210.53, Office rceeptacle 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 will 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 have made necessary the adoption of the National Electrical Code refcrred 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 or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this 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 et 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, enlargement, 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 premises within the City. B. The permissive provisions of this code shall not be presumed to waive any limitations imposed by any other law, ordinance, rule, or regulation, If two (2) or more ~~~:tBIT ~ 10 Þt'ttf.t~·.1- Page 1 00 tJ, 't ( pertinent limitations shall prevail which provide greater safety to life, 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 prevai1. 7.36.050 Exceptions. The provisions of this 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 of the foregoing are permanently placed on the ground or have their wheels removed for other than temporary repairs, they shall comply with all the provisions of the electrical code; C. Electrical installations within houseboats or other watererafts; however, if any of the foregoing are stored out of the water and lIsed for any purpose whatsoever, they shall comply with all the 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 elcetrieal energy; E. Radio and television receiving equipment, amateur radio transmitting and receiving equipment, and community antenna television systems. 7.36.060 Additions, alterations and repairs. A. All work done in connection with an addition to an existing electrical installation shall conform to the applicable provisions of this code. In addition, any portion of an existing electrical installation which would become overloaded or have its capacity exceeded as determined by the standards in this code for new installation as a result of the addition shal1 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 ITom the provisions of this code, provided the deviations are necessary due to the circumstances ofthe existing conditions; the existing condition was permitted by a previous Code; and such deviation does not create or continue a hazard to life, hcalth, 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 Scction 210.53, Office reeeptacle 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, ITom an outlet in that Page 2 of3 1'lJ1 space including any wall space two (2) feet (610 mm) or more in width and the wall space occupied by sliding panel s in exterior walls. As used in the section a "wall space" 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 rrom other wall spaces within the room, A wan spaec shall be permitted to include two or more walls of a room (around corners) where unbroken at the floor line. Receptacle outlets shall, insofar as practicable be spaced equal distances apart. Receptacle outlets in floors shall not be counted as part of the required number of receptacle outlets unless located near the wall. The receptacle outlets required by the section shan be in addition to any receptacle that is part of any lighting fhture or appliance, located within cabinets or cupboards, or located over fivc and one-half (5 %) feet (1.68 m) above the floor. Page 3 of3