Loading...
Ordinance No. 1034190 ORDINANCE NO. 1034 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 NATTONAT. ET.ECTRTCAI. CODF,, 1999 EDITION, ALSO KNOWN AS THE 2001 CALIFORNIA ELECTRICAL CODE WITH CERTAIN AMENDMENTS AND REPEALING ORDINANCE NO. 991. THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: SECTION T. Chapter 8 of the Code of the City of Cypress is hereby amended to read as follows: ARTICLE I. IN GENERAL Section S -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, 1999 edition, (also known as the 2001 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 S -2 Same - Amendments. The following amendments are made to the National Electrical Code, 1999 edition adopted by this chapter: A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cypress that the following amendments and modifications to the 1999 edition of the National Electrical Code contained in Ordinance No. 1034 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, 230 -43, 336 -4, 350 -2, and 422 -5) 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 250 -81(c) and 300 -6b] 3. Modifications to Section 90 -4 are administrative amendments of local discretion. B. 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 191 Building Official's authorized representative shall have recourse to every remedy provided by law to secure entry. 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. (Agricultural areas excepted.) 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 -h 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 336 -5 is hereby amended by adding Section 336 -5 (c): 336 -5(c) Uses Not Permitted. 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. 192 6. Section 422 -4 is hereby amended to add subsection (c) 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 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 S -'3 Same - Additional Provisions. A. In addition to the National Electrical Code, 1999 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. 193 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. ARTICLE II. PERMITS Section 8 -4 Permit Required; exception No electrical equipment shall be installed within or on any building structure premises, publicly or privately owned, nor shall any alteration or addition be made in any such existing equipment without first securing a permit therefor from the Building Official except as follows: Minor repair work, such as the replacement of lamps or the repair and connection of portable electrical equipment to suitable permanently installed receptacles. Section 8 -5 Issuance of Permit. Permits may be issued only to a person, firm or corporation licensed by the State of California in the classification authorized to perform the work and subject to the conditions and limitations of such classification, or to a person, firm, or corporation qualifying under Section 8 -7, or to an owner qualifying under Section 8 -8. Section 8 -6 Application for Permit. Applications for electrical permits, describing the work to be done, shall be made in writing to the Building Official. The application shall be accompanied by such plans complete with calculations of load for service, feeders and branch circuits as may be necessary to determine whether the installations as described will be in conformity with the requirements of the sections in this Code pertaining to electricity. If it shall be found that the installation as described will conform to all legal requirements and if the applicant has complied with the provisions of the sections in this Code pertaining to electricity, a permit for such installation may be issued upon receipt of fees therefor, except as prescribed in Section 8- 13. No deviation may be made from the installation described in the permit without the written approval of the Building Official. Section 8 -7 Monthly Permits. In lieu of an individual permit for each installation or alteration, a monthly permit may, upon application therefor, be issued to any person, firm or corporation regularly employing one or more qualified electricians for the installation, alteration and maintenance of electrical equipment in or on buildings or premises owned or occupied by the applicant for the permit. The application for this permit shall be made in writing to the Building Official and shall contain a description of the premises on which the work is to be done under the permit. a. Within not more than fifteen (15) days following the end of each calendar month, the person, firm or corporation to which a monthly permit is issued shall transmit to the Building Official a report of all electrical work which has been done under the permit during the preceding month. b. The person, firm or corporation to which a monthly permit is issued shall keep a record of all electrical equipment installed under said permit, and the Building Official Shall have access to such records. 194 Section S -S Issuance to Owners. Any permit required by the sections of this Code pertaining to electricity may be issued to an owner to do any work regulated by the sections of this Code pertaining to electricity in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings; provided that such person is the bona fide owner of any such dwelling and accessory buildings and quarters; that the same are occupied by or designed to be occupied by said owner; and the said owner is determined by the Building Official to be qualified and shall personally perform all labor in connection therewith. Section 8 -9 Failure to Obtain Permit, Pay Fees. Failure to obtain a permit and pay fees therefor before commencing work shall be deemed evidence of violation of the provisions of this Code. The amount of the permit fee shall be doubled for work commenced before a permit is issued. Section 8 -10 Permits Not Transferable. A permit granted to one person, firm or corporation shall not authorize any other person, firm or corporation, except an employee of the permittee, to do any electric wiring. Section 8 -11 Temporary Working Permit. When, in the opinion of the Building Official, special conditions warrant, a temporary working permit may be used to allow the permittee to commence the installation of electrical wiring prior to obtaining a regular electrical permit; however, the working permit shall be replaced by a regular electrical permit before the complete rough inspection will be made. Section 8 -17 Expiration of Permit. Every permit shall expire and become null and void for any one or more of the following reasons: 1. Whenever the electric wiring authorized by said permit is not commenced within one hundred eighty (180) days from the date of issuance of such permit. 2. Whenever the electric wiring authorized by a permit has been suspended, abandoned or discontinued for a continuous period of one hundred eighty (180) days. 3. Whenever the electric wiring done during any continuous period of one hundred eighty (180) days amounts to less than ten (10) percent of the total of the work authorized by such permit. Before commencing, proceeding with or doing any electric wiring authorized by, but not done before expiration of, any such permit, a new permit shall be obtained therefor, and the fee for such permit shall be one -half (1/2) and fee required for a new permit; provided such permit is obtained within one hundred eighty (180) days of expiration of the prior permit. Section S -1 3 Revocations and Suspensions of Permits. The Building Official may suspend or revoke any electrical permit for any of the following reasons: 1. If any reason is found to exist which would have been cause for denial of such permit. 2. If any material misrepresentation or falsity is found in the application upon which said permit was issued. 195 3. For failure of permittee to comply with the provisions of the Electrical Code after due notice of corrections and the time limit therefore has expired, or for failure of permittee to comply with other codes of this jurisdiction that may be related to, or pertaining to, the Electrical Code. Section 8 -14. Fees. The fees which shall be paid to the Building Official shall be determined and set forth by Resolution of the City Council. Section 8 -15 Collection, Refund of Fees. The Building Official shall collect such fees as are provided to be paid by this Code. In the event that any person has obtained a permit hereunder and no portion of the work of construction covered by such permit has been commenced, such permittee shall be entitled to a refund of eighty (80) percent of the fee paid for such permit in excess of five dollars ($5.00) upon presentation of a written request therefore. ARTICLE III. PENALTIES Section 8 -16 Penalties - Generally. Any person, firm or corporation, violating any of the provisions of this Code, shall be guilty of a misdemeanor and upon conviction, thereof, shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. Section 8 -17 Same - Each Violation Separate Offense. Every person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a separate offense for each day or portion thereof during which such violation continued and shall be punishable therefor as herein provided. Section 8 -18 Construction of Code The Building Official is hereby authorized to determine the intent and meaning of any provision of this Code. Section 8 -19 Liabilities. This Code shall not be construed to relieve from, or lessen the responsibility of, any party owning, operating, controlling or installing any electric wiring, electric devices or electric material for damages to person or property caused by any defect therein, nor shall the jurisdiction be held as assuming any such liability by reason of the inspection authorized herein, or certificate of inspection issued as herein provided. ARTICLE IV. MODIFICATIONS Section 8 -20 Modifications. The City Council reserves the right and power, at its own discretion or upon the recommendation of the Building Official, to modify any of the provisions of the Electrical Code when there are practical difficulties in carrying out the strict letter thereof; provided the spirit of the Code shall be observed, public safety secured and substantial justice done. SECTION 1T_ This Ordinance is exempt from the provisions of the California Environmental Quality Act, ( "CEQA "), 14 California Code of Regulation 15061(b)(3). ,SFCTTON ITT. Severability 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. 196 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. 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 READ at a regular meeting of the City Council of the City of Cypress held on the 14th day of October 2002 and finally adopted and ordered posted at a regular meeting held on the 28`h day of October 2002. ATTEST: JUL- Y CT .RRK OF T I' ITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MA Y/OId OF THE CITY OF CYPRESS I, JILL R. INGRAM- GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY THAT THE FOREGOING Ordinance was duly adopted at a regular meeting of the said City Council held on the 28th day of October 2002, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None