Ordinance No. 94042/
ORDINANCE NO. 940
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
RESCINDING ORDINANCE NO. 888 AND AMENDING CHAPTER 8 OF THE
CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE
NATIONAL ELECTRICAL CODE, 1993 EDITION, WITH CERTAIN
AMENDMENTS.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION I: Chapter 8 of the 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, 1993 edition, 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 8 -2. Same - Amendments.
The following amendments are made to the National Electrical Code, 1993 edition
adopted by this chapter:
1. Section 90 -4 is hereby amended to add the following paragraphs:
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.
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.
2. Section 110 -5 is hereby amended to add the following:
Notwithstanding any provision or provisions to the contrary, no aluminum
conductors smaller than #6 A.W.G. shall be used.
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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.
4. Article 215 is hereby amended by adding Section 215 -11 as follows:
215 -11. Raceways. All feeder conductors shall be installed in approved
raceways.
5. The first paragraph of Section 220 -3 is hereby amended to add the
following:
No convenience receptacle or appliance receptacle shall be installed or
operated on a general lighting branch circuit at any time, in any
occupancy.
6. Section 230 -43 is hereby amended to read as follows:
230 -43. Wiring Methods for 600 Volts, Nominal, or Less. Service
entrance conductors extending along the exterior or entering buildings or
other structures shall be enclosed in a rigid metal conduit to the first over -
current device; or, for circuits not exceeding 600 Volts, in wireways,
auxiliary gutters, or in busways. (Overhead Services.)
7. Section 250 -81(c) is hereby amended to read as follows:
(c) Concrete - Encased Electrode. An electrode encased by at least two (2)
inches of concrete, located within and near the bottom of a concrete
foundation or footing that is in direct contact with the earth, consisting of
at least twenty (20) feet of bare copper conductor not smaller than No. 4
A.W.G.
8. Section 336 -3 is hereby amended to read as follows:
336 -3 Uses Permitted Or Not Permitted. Nonmetallic- sheathed cable
shall not be used for exposed wiring and 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.
9. Section 422 -5 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.-
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33 thermo- plastic, hard - finish cord or equal and an approved, grounding
type cord grip cap must be used.
Section 8 -3. Same - Additional Provisions.
(A) In addition to the National Electrical Code, 1993 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, telepnone, 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.
(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.
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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.
Section 8 -8. 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 -12. 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 8 -13. 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.
(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.
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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 II: This Ordinance is exempt from the provisions of the California
Environmental Quality Act, ( "CEQA "), Public Resources Code Section 21050 et sec . , as an
emergency action designed to protect the public health, safety, and welfare, 14 California Code
of Regulation 15269(c). The City Council finds that future actions taken by the City to resolve
the emergency necessitating the Urgency Ordinance will be subject to CEQA review at the
earliest possible date.
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SECTION III: This Ordinance is hereby declared to be an urgency measure pursuant to
Government Code Section 36937(b) and the Ordinance shall take effect immediately upon its
adoption and shall apply to all building permits issued from January 1, 1996.
SECTION IV: This Ordinance as an Urgency Ordinance shall only become effective if
adopted by a four - fifths (4 /5th) vote of the City Council.
SECTION V: 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. 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: Findings
Resolution. No. 4565 dated November 13, 1995 is incorporated herein by reference and
the City Council makes the findings contained therein.
Passed and adopted by the City Council of the City of Cypress at a regular meeting held
on the 13th day of November, 1995.
ATTEST:
CITY CL K O HE CY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
AYOR OF THE CITY OF C `' RESS
I, DARRELL ESSEX, 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 13th day of November , 1995; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
NOES: 0 COUNCIL MEMBERS: None and Age
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK F THEXITY OF CYPRESS