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Ordinance No. 1094417 ORDINANCE NO.1094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 2005 EDITION, ALSO KNOWN AS THE 2007 CALIFORNIA ELECTRICAL CODE WITH CERTAIN AMENDMENTS AND REPEALING ORDINANCE NO. 1034. THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Section 8 -1 of Chapter 8 of the Municipal Code of the City of Cypress is hereby amended to read as follows: ARTICLE I. IN GENERAL Section 8 -1 National Electrical Code - Adopted; where filed. There hereby is adopted by reference, as the Electrical Code of the City of Cypress, the National Electrical Code, 2005 edition, (also known as the 2007 California Electrical Code), as amended by Sections 8 -2 and 8 -3 of this chapter, one (1) copy of which is on file in the office of the City Clerk. SECTION II: Section 8 -2 of Chapter 8 of the Municipal Code of the City of Cypress is hereby amended to read as follows: Section 8 -2 Amendments. (a) Findings. The following amendments and modifications to the 2007 edition of the California Electrical Code are hereby found to be reasonably necessary due to consideration of specific local climatic, geological, or topographical conditions as follows: 1. Local climatic conditions necessitate that residential dwelling units be protected from construction practices and electricity usage practices that have had a history of causing or contributing to the cause of fire related damage to residential dwelling structures in the City of Cypress. (Affects Section 110 -5, 210 -1, 300 -6, 334 -12, and 422 -4) 2. Local geological conditions in the City of Cypress, require that grounding electrodes be manufactured of corrosion - resistant material to protect the grounding electrode from deterioration due to high sulfate levels found in the soil. [Affects Section 300 -6] (b) Amendments. The following amendments are made to the California Electrical Code, 2007 edition as adopted by this Chapter. Section 90 -4 is hereby amended to add the following paragraphs: 1. The Building Official of the City of Cypress, or the Building Official's authorized representative, is hereby designated as the enforcing authority and vested with the authority to enforce all of the provisions of this Code. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or the Building Official's authorized representative have reasonable cause to believe that there exists in any building, or upon any premises, any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official by such codes, provided that if such building or premises be occupied, the Building Official or the Building Official's authorized representative shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official, or the Building Official's authorized representative shall have recourse to every remedy provided by law to secure entry. 1 418 No owner or occupant or any other person having charge, care or control of any building or premises shall fail to neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or the Building Official's authorized representative for the purpose of inspection and examination pursuant to this Code. Any person violating this subdivision shall be guilty of a misdemeanor, and subject to punishment in accordance with Section 1 -7 of the Code of the City of Cypress. This amendment is necessary to provide right of entry provisions consistent with the Cypress Municipal Code. 2. Section 110 -5 is hereby amended to add the following: Notwithstanding any provision or provisions to the contrary, no aluminum conductors smaller than #8 A.W.G. shall be used. This amendment is necessary due to the expansion and contraction properties of light gage aluminum conductors. 3. Section 210 -1 is hereby amended to add the following: Accessory uses or other buildings, signs, etc., separately located on the same lot or premises, shall have connecting conductors run underground. Where spare circuit protective devices are provided or space for future circuit protective devices is provided on the bus in any flush or semi -flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Such accessible location is normally defined as follows: Where sufficient attic space is available or underfloor space is available, a raceway shall terminate conveniently for future use in each such space. Where this condition does not exist or other factors govern, then such terminations shall be approved by the enforcing authority. This amendment is necessary for consistency with the zoning provisions of the Cypress Municipal Code. 4. Section 300 -6 is hereby amended to add the following: a. A minimum of 10 mil pipe wrap must be installed on all metallic conduit installed underground and must extend 6" inches above grade. This amendment is necessary due soil conditions throughout the city which may reduce the expected life of metallic conduits in contact with the ground. 5. Section 334 is hereby amended by adding Section 334 -12 (A) 11: 334 -12(A) Uses Not Permitted. (11) Nonmetallic- sheathed cable shall not be used for exposed wiring in unfinished garages and basements. Nonmetallic cable shall only be used for concealed wiring in one and two family dwellings or multi - family dwellings (apartment houses) not exceeding three floors above grade. This amendment is necessary to eliminate the confusion over the `protection from physical damage" provisions of the code, disallowing non metallic sheathed cable in unfinished garages, where it has proven to be a hazard if not properly protected. 6. Section 422 -4 is hereby amended to add subsection (a) to read as follows: (c) In every dwelling unit, fixed appliances, such as food grinders, dishwashers, washing machines, dryers, laundry tray locations, built -in heaters, or any other fixed appliances with 1/4 H.P. motor or larger shall be on a separate branch circuit supplied by a minimum No. 12 A.W.G. wire. Each dwelling unit shall have 2 419 installed therein an individual food waste grinder branch circuit. Said circuit shall be supplied with a minimum No. 12 A.W.G. wire and a 15 ampere indicating type switch. Said switch shall be located in the wall adjacent to the sink. Food waste grinder shall be wired with a minimum of No. 16 A.W.G. 3 -wire S.P.T. -33 thermo- plastic, hard - finish cord or equal and an approved, grounding type cord grip cap must be used. This amendment is necessary to provide provisions for separate circuits to typical fixed appliances used in dwelling construction. SECTION III Section 8 -3 of Chapter 8 of the Municipal Code of the City of Cypress is hereby amended to read as follows: Section 8 -3. Additional Provisions (a) In addition to the California Electrical Code, 2007 edition, adopted by reference herein as the Electrical Code of the City of Cypress, the following provisions shall be applicable in the City of Cypress: 1. Further Scope. All electrical, telephone, C.A.T.V. and similar service wires or cables, carrying below 34 K.V. capacity, which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. Risers on existing poles and buildings are permitted and shall be provided by the developer or owner onto the pole, which provides service to said property. Utility service poles may be placed on the rear of the property to be developed, only for the purpose of terminating underground facilities. The developer or owner is responsible for complying with the requirements of the utility companies for the installation of such facilities. For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground. The City Council may waive the requirements of this Section if topography, soil or any other conditions make such underground installation impossible or impractical. 2. Concealed Wiring. When any part of a wiring installation is to be hidden from view by the permanent placement of parts of the building, the person, firm, or corporation installing the wiring installation shall notify the Building Official and such parts of the wiring installation shall not be concealed until they have been inspected and approved by the Building Official. 3. Inspections and Corrections. Upon completion of the work which has been authorized by issuance of any permit, except an annual permit, it shall be the duty of the person, firm, or corporation installing the same to notify the Building Official, who shall inspect the installation as soon thereafter as practicable. If, upon inspection, the installation is not found to be in conformity with the provisions of this Code, or any other applicable statute, the Building Official shall notify the person, firm, or corporation making the installation, stating the defects, which have been found to exist. All defects shall be corrected within ten (10) days after inspection and notification, or within a time period authorized by the Building Official. No electrical installation shall be energized until inspected and approved by the Building Official. 4. Temporary Connection. When authorizing the connection and use of temporary or incomplete work, such authorization shall expire at a time stated by the Building Official. 5. Standards for the Installation of Electrical Equipment. All industrial, commercial, and residential electrical installations within the governmental jurisdiction covered by this Code, shall be in conformity with the provisions of this Code, all applicable State laws, and in accordance with the National Fire Protective Association standards for safety to life and property. 420 6. Listing or Labeling. Listing or labeling as conforming to the standards of Underwriters Laboratories, Inc., as approved by the United States Bureau of Mines, the American Standards Association, the United States Bureau of Standards, or other similar institutions of nationally recognized standing, shall be prima facie evidence of conformity with approved standards of safety to life and property. These amendments are necessary for consistency with the zoning provisions of the Cypress Municipal Code. SECTION IV: This Ordinance is exempt from the provisions of the California Environmental Quality Act, ( "CEQA "), 14 California Code of Regulation 15061 (b)(3). SECTION V: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION VI: The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City. FIRST READING at a regular meeting of the City Council of said City held on the 26th day of November 2007, and finally adopted and order posted at a regular meeting held on the 26th day of November, 2007. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 26th day of November, 2007, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey 4 CITY CLERK OF THE CITY OF CYPRESS