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HomeMy WebLinkAboutOrdinance 2804 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 ORDINANCE NO. 2804 2 4 AN ORDINANCE AMENDING CHAPTER 9 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ADOPTING THE 2002 NATIONAL ELECTRICAL CODE WITH REGIONAL AMENDMENTS RECOMMENDED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND LOCAL AMENDMENTS RECOMMENDED BY THE NORTH RICHLAND HILLS CONSTRUCTION ADVISORY COMMITTEE AS THE ELECTRICAL CODE FOR THE CITY OF NORTH RICHLAND HILLS; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. 6 8 WHEREAS, the North Richland HIlls City Council desires to adopt the 2002 National Electrical Code with amendments recommended by the North Central Texas Council of Governments and its own construction advisory committee in order to protect the lives and safety and property of persons within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1 : Section 9-32 ofthe North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 9-32 2002 Edition of the National Electric Code adopted All electrical equipment installed or used in the City and all installations of electrical equipment shall be reasonably safe to persons and property and in conformity with the standards provided by the National Fire Protection Association, and with the provisions of this chapter, applicable state statutes, and any rules or regulations issued under authority thereof. The National Electrical Code, 2002 Edition, as published by the National Fire Protection Association, a copy of which is on file in the office of the City Secretary, and the regional amendments and interpretations thereto recommended by the North Central Texas Council of Governments, as amended and recommended by the North Richland Hills Construction Advisory Committee, a copy of which is attached to this ordinance as Exhibit A, are hereby adopted by reference to the same extent as though set out here in full as the Electrical Code of the City of North Richland HIlls." Section 2: Sections 9-36, 9-40, 9-41, 9-42, 9-43, and 9-47 of the North Rich1and Hills Code of Ordinances are hereby repealed. Ordinance No. 2804 Page 1 :>f 4 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 Section 3: 2 Section 9-39 ofthe North Richland Hills Code of Ordinances is hereby amended to read as follows: 4 "Sec. 9-39 Electrical license required 6 8 Section 5: (a) It shall be unlawful for any person to perform electrical work within the city limits ofthe City of North Richland Hills without a valid electrical license issued by the State of Texas unless: (1) The person is an employee of an electrical supply company and is performing exempt work as described in the Electrical Code; or (2) The person is exempt from the license requirements or is engaged in exempt work as described in the Electrical Code; or (3) The person is an employee of an appliance sales business involved in the installation or repair of general purpose household appliances provided that no alteration, modification or extension is made to the electrical system; or (4) The person is a maintenance employee of a public or semi-public school and performing electrical work at a public or semi-public school facility under the guidance and direction of a licensed master or journeyman electrician. (b) This code shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect in such equipment or in the installation thereof, nor shall either any electrical inspector nor the city assume any liability by reason ofthe inspection or re-inspection authorized in this chapter or by reason ofthe issuance of certificates of conformance or nonconformance, or by reason ofthe approval or disapproval of any equipment authorized in this chapter or by the issuance of any permits or licenses. (c) Nothing in this code shall be construed to prevent maintenance of specialized equipment by a manufacturer of the equipment provided those persons that perform such maintenance work hold a valid maintenance electrician license. Section 9-45(b )(5) of the North Richland Hills code of Ordinances is hereby amended to read as follows: "Sec. 9-45 Revocation of license Ordinance No. 2804 Page 2)~ 4 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 2 (b) A license or permit may be suspended, repealed or revoked by the building official by reason of occurrence of one or more of the following: 4 6 (5) The sending of three (3) notifications within a six-month period of complaints that the licensee or registration holder is in violation ofthis article. 8 " Any person, firm or corporation violating any provision ofthis ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 6: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 7: Section 8 : This ordinance shall be in full force and effect immediately upon publication. AND IT IS SO ORDAINED. PASSED this 13th day of September, 2004. \\\\\111111'//111 ,\\\~'III ,...", I...... ~...~y.. ............. ~ï'~ ,;:.&'~"'~.. .. ~ ~ .en e. ~ '.. tI. ~ ~.:s: .. '. '.ft ~ ~~: ~V' ~ -~ . .- - :0= r :.....= ª.,...l h jcrJª By: ;.~\ ....s:g ~1:). .G.)~ ~ ...... ...... s ~h ....¡..... ...,......~ A I~s;;r'htll'\\\\\\\ Øat/ltvà~ Patricia Hutson, City Secretary CHLAND HILLS AND LEGALITY: ttorney OrdinaL( e No. 2804 Page 3 0 ~ 4 2 4 ~.. -- .. ~ment Head 6 Ordinarce No. 2804 Page 4 0=' 4 --~ EXHIBIT A North Central Texas Council of Governments Regional Amendments and North Richland Hills local amendments to 2002 National Electrical Code "Section 80.11(C) and (D); add new paragraphs. 80.11(C) Change in Occupancy. It shall be unlawful to make a change in the occupancy of any structure which will subject the structure to any special provision of this code applicable to the new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare. No change shall be made in the use or occupancy of any building that would place the building in a different division ofthe same group of occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy. Subject to the approval ofthe code official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. 80.11 (D) Moved Buildings. Electrical systems and equipment that are part of buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new installations. EXCEPTIONS: The factory installed and inspected systems of: 1. HUD or Texas State approved mobile and manufactured homes; 2. Texas State approved modular homes; and 3. Texas State approved industrialized buildings. Section 80.15 - Electrical Board; delete entire section. Section 80.19(D), (E); delete paragraphs. Section 80.19(F) 2,4; delete paragraph. Section 80.23; replace entire section. Section 80.23(A) Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize any electrical system or equipment, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 80.23(B) Violation penalties. Any person, firm or corporation violating any ofthe provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed two thousand dollars ($2,000.00) for all violations involving fire safety, or public health and sanitation and shall be fined not more than five hundred dollars ($500.00) for all other violations ofthis ordinance. Each day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. 80.23(C) Stop work orders. Upon notice from the code official, work on any electrical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work or causing such work to be done. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Such work shall not resume until authorized by the code official to proceed. 80.23(D) Abatement of violation. The imposition ofthe penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the electrical on or about any premises. 80.23(E) Unsafe electrical systems or equipment. Any electrical system or equipment regulated by this code that is unsafe or that constitutes a fire or health hazard, unsanitary condition, or is otherwise dangerous to human life, is hereby declared unsafe. Any use of an electrical system or equipment regulated by this code constituting a hazard to safety, health, or public welfare by reason of improper installation, inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Any such unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal. When any electrical system or equipment is maintained in violation ofthis code, and in violation of any notice issued pursuant to the provisions of this section, the code official may institute any appropriate action to prevent, restrain, correct or abate the violation. All buildings or structures subjected to damage by deterioration or by fire shall be inspected by the code official, and all unsafe wiring or electrical equipment shall be repaired or replaced. 80.23(F) Authority to condemn. Whenever the code official determines that any electrical system or equipment, or portion thereof, regulated by this code has become hazardous to life, health, or property or has become unsanitary, or is otherwise dangerous to human life, the code official shall order in writing that such electrical system or equipment either be removed or restored to a safe or sanitary condition. A time limit for compliance with such order shall be specified in the written notice. No person shall use or maintain defective electrical after receiving such notice. Section 80.25; replace entire section. 80.25(A) Authority to order disconnection of utilities. The code official shall have the authority to order disconnection of any energy source or utility service supplied to a building, structure or equipment regulated by this code when it is determined that the equipment, or any portion thereof, has become hazardous or unsanitary. Written notice of such order to disconnect service and the causes thereof shall be given within twenty-four (24) hours to the owner and occupant of such building, structure or premises, provided, however, that in cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. If not notified prior to disconnecting, the owner or occupant of the building, structure or service systems shall be notified in writing, as soon as practical thereafter. 80.25(B) Connection after order to disconnect. No person shall make connections from any energy, fuel, power supply or water distribution system or supply energy, fuel or water to any equipment regulated by this code that has been disconnected or ordered to be disconnected by the code official, or the use of which has been ordered to be discontinued by the code official, until the code official authorizes the reconnection and use of such equipment. Section 80.27; replace entire section. 80.27 Organization. 80.27(A) Code official. Whenever the term "code official" is used in this code, it shall be construed to mean the building official or his authorized representative(s). The code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges. 80.27(B) Deputies. In accordance with the prescribed procedures of this jurisdiction, the code official shall have the authority to appoint an assistant code official, other related technical officers, inspectors, and other employees. 80.27(C) Restriction of employees. An official or employee connected with the department of inspection shall not be engaged in directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building within the City of North Richland Hills; and such officer or employee shall not engage in any work that conflicts with official duties or with the interests of the department. Further, no official or employee shall be permitted to work for, or be connected with, any electrical contractor, electrical manufacturer or wholesale supply company, or do any electrical work within the City of North Richland Hills while employed as an inspector by the city. 80.27(D) Liability. The code official charged with the enforcement of this code, acting in good faith and without malice in the discharge ofthe duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or employee because of such act or omission performed by the code official or employee in the enforcement of any provision of such codes or other pertinent laws of ordinances implemented through the enforcement of this code or enforced by the code enforcement agency, shall be defended by this jurisdiction until final termination of such proceedings and any judgment resulting therefrom shall be assumed by this jurisdiction. Section 80.28; add new section. 80.28 Homeowner Permits/Projects. 80.28(A) Homestead Owner. Permits may be issued to a property owner who wishes to do electrical work in a building owned and occupied by him as his homestead. This provision only permits the homeowner to work on that part of the electrical system that occurs after, but does not include, the first main breaker behind the electrical meter. The term "to do electrical work" shall be construed to mean actually done personally by the owner. 80.28(B) Who may do the work. (1) General. It shall be unlawful for any person to do or cause to be done any electrical work within the City of North Richland Hills except as provided in this section. Doing work other than what is authorized by this section is considered a violation by the worker, as well as the master and/or contractor. (2) Master electrician. A master electrician may contract for and engage in the business of installing, repairing, or replacing electrical wiring or equipment of any nature on or in buildings or structures. The master electrician may employ, direct, and supervise journeyman electricians, residential wireman electricians, maintenance electricians, residential maintenance electricians, helpers, and apprentice electricians. Section 80.29; delete entire section. Section 80.35; delete section. Section 230.2(A); add a sixth special condition. 230.2 Number of Services. A building or other structure served shall be supplied by only one service unless permitted in 230.2(A) through (D). For the purpose ... {text unchanged} ... shall be considered to be supplying one service. (A) Special Conditions. Additional services shall be permitted to supply the following: (1) Fire Pumps " " " æ In supplying electrical service to multifamily dwellings. two or more laterals or overhead service drops shall be permitted to a building when both of the following conditions are met: a. The building has six or more individual gang meters and all meters are grouped at the same location. b. Each lateral or overhead service drop originates from the same point of service. REASON FOR CHANGE: This is currently the accepted installation practice ofthe region. No noteworthy complaints have surfaced. It is more reasonable than the current NEC requirements. It allows more than six disconnects grouped at one location, without having to divide the structure into multiple buildings by using area separation walls. This also allows designers more flexibility in the placement of electrical meters and main service disconnects. Section 230. 71 (A); add an exception. 230.71 Maximum Number of Disconnects. (A) General. The service disconnecting means for each service permitted by 230.2, or for each set of service-entrance conductors permitted by 230.40, Exception Nos. 1,3,4 or 5, shall consist of not more than six switches or sets of circuit breakers, mounted in a single enclosure, in a group of separate enclosures, or in or on a switchboard. There shall be no more than six sets of disconnects per service grouped in any one location. For the purpose ... {text unchanged} ... shall not be considered a service disconnecting means. Exception: Multi-occupant Buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. REASON FOR CHANGE: The same reasoning as for multi-family dwellings in Section 230-2 here being applied to multi-occupant buildings. Section 250.52; add a paragraph. 250.52 Grounding Electrodes. (A) Electrodes Permitted for Grounding. Where a metal underground water pipe. as described in item (1). is not present. a method of grounding as specified in (2) through (4) below shall be used. REASON FOR CHANGE: Sometimes metal underground water pipe is not available for use as a grounding electrode system. Therefore, to provide a more positive approach for grounding electrical premise systems for safety, a method as specified in 250.52(A)(2), (3), and (4) shall be used. This will eliminate the need to depend solely on a driven rod, plate, or pipe as specified in Section 250.52(A)(5) and (6). Section 300.11(A)(1); change to read as follows: 300.11 Securing and Supporting. (A) Secured in Place. (1) Fire-Rated Assemblies. Wiring located within the cavity of a fire- rated floor-ceiling or roof-ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wires: unless tested as part of a fire-rated assembly. An independent means of secure support... {text unchanged} ... are part of the fire- rated design. (delete exception) REASON FOR CHANGE: If luminaries were intended to be covered, it could have been conveyed in a different manner than to introduce them in the exception. Based upon the International Building Code (IBC), the recommendations by the Ceilings & Interior Systems Construction Association (CISCA) to separately support luminaries is not mandated. Section 300.11(A)(2); change to read as follows: 300.11 Securing and Supporting. (A) Secured in Place. (2) Non-Fire-Rated Assemblies. Wiring located within the cavity of a non-fire-rated floor-ceiling or roof-ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wireS':' unless authorized by. and installed in accordance with. the ceiling system manufacturer's instructions. An independent means of secure support shall be provided. (delete existing exception) Add exception: From the last point of independent support or base for connections within an accessible ceiling to luminaire(s) (lighting fixture(s) or equipment. branch circuit or fixture whip wiring shall be allowed to be supported by the ceiling support wires. REASON FOR CHANGE: Delete existing exception - Based upon the IBC, the recommendations by CISCA to separately support luminaries is not mandated. Add exception: To allow for a reasonable manner in which cables and conduits may be secured up off suspended ceilings of the removable panel type. Section 310.15(B)(6); change to read as follows: 310.15 Ampacities for Conductors Rated 0-2000 Volts. (B) Tables. (6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(6), shall be ... {text unchanged} ... provided the requirements of 215.2, 220.22, and 230.42 are met. This Section shall not be used in conjunction with 220.30. REASON FOR CHANGE: To provide a more reasonable margin of safety for dwelling service and feeder conductor allowable ampacities. Section 334.10; change to read as follows: 334.10. Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: (1) One- and two-family dwellings. (2) Multifamily dwellings permitted to be of Types III, IV, and V construction except as prohibited in 334.12. (3) Other structures permitted to be ofTyp~s III, IV, and V construction except as prohibited in 334.12. Cables shall be concealed within walls, floors, or ceilings that provide a theul1al banier of material that has at least a IS-minute finish rating as identified in listings úf fire-rated assemblies. (2) In any multifamily dwelling not exceeding three floors above grade. Exception: An additional level shall be permitted in multifamily dwellings where the entire structure is protected throughout by an approved automatic sprinkler system. (3) Other structures not exceeding 3 stories in height. Note: In paragraphs. 2 & 3 above: For the purpose of this article. the first floor of a building shall be that floor that has 50 percent or more ofthe exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking. storage. or similar use shall be permitted. REASON FOR CHANGE: Historically NM cable has been limited to a 3-story or less wiring method since 1975. The allowance to increase the use ofNM cable to buildings in the 3-6 story range in the 2002 NEC has come about as a result of an appeal action by the Multi-National Housing Council to the NFP A Standards Council and not as a result of the normal code revision action through NEC Code-making Panel 7, the NEC Technical Committee, and the positive vote of the NFPA membership at the NFPA Annual Meeting. In that the NCTCOG Electrical Advisory Board believes that the current language in the NEC Section 334.10 may again be revised in the 2005 NEC edition, due to the need for basic consistency of regulations, and due to the fact that there is no evidence that the current installation allowances for NM cable do not adequately serve the needs of the local electrical industry and citizens alike, the NCTCOG Electrical Advisory Board believes the use ofNM cable in the area served by the NCTCOG would best be benefitted by the installation rules as recommended over the past 3 NEC code cycles. Section 334.12; add another use not permitted, (11): 334.12 Uses Not Permitted. (A) Types NM, NMC, and NMS. Types NM, NMC, and NMS cables shall not be used as follows: (1) As open runs ... {text unchanged} " " " (11) In non-residential metal frame structures. REASON FOR CHANGE: Limiting the use of NM cable in non-residential metal frame construction is suggested due to the inherent problems with soft jacketed wiring methods in buildings that utilized mainly metal stud and other metal frame construction with sharp edges of unknown proportion. It is believed that the potential safety issues against the use of allowing a soft jacketed wiring method in such construction far outweighed any positive benefits. Section 500.8(A); change to read as follows: 500.8 Equipment. (A) Approval for Class and Properties. (1) Equipment shall be identified ... {text unchanged} ... the maximum surface temperatures specified in 503.1. FPN: Luminaries (lighting fixtures) and other heat-producing apparatus ... {text unchanged} ... see Exception No.3 to 500.8(B). Suitability of identified equipment shall be detenllined by any of the following: (1) Equipment listing or labeling; (2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency conc"uled with product evaluation; (3) Evidence acceptable to the authoilty having jurIsdiction such as a manufacturer's self-evaluation or an owner's engineering judgment. REASON FOR CHANGE: "Identified" is already defined in Chapter 1. Section 600.21 (E); change to read asfollows: 600.21 Ballasts, Transformers, and Electronic Power Supplies. (E) Attic and Soffit Locations. Ballasts, transformers and electronic power supplies shall be permitted to be located in attics and soffits, provided there is an access door at least 900 mm by 600 mm (3 ft. by 2 ft.) and a passageway of at least 900 mm (3 ft.) high by 600 mm (2 ft.) wide with a suitable permanent walkway at least 300 mm (12 1n:1 600 mm (2 ft.) wide extending from the point of entry to each component. REASON FOR CHANGE: To allow a more reasonable and safer width for the required walkway and to make the requirement consistent with the International Mechanical Code (IMC)."