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HomeMy WebLinkAbout2002-11-12 Ordinance 4771follows: ORDINANCE NO. 4771 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING PART 3 OF THE 2001 CALIFORNIA BUILDING STANDARDS CODE (1999 NATIONAL ELECTRICAL CODE); AMENDING CHAPTER 16.16 OF THE PALO ALTO MUNICIPAL CODE; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO The Council of the City of Palo Alto does ORDAIN as SECTION 1. Chapter 16.16 of the Palo Alto Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 16.16. ELECTRICAL CODE 16.16.010 The 2001 California Electrical Code adopted. The "California Electrical Code," being Part 3 of the 2001 California Building Standards Code, title 24 of the California Code of regulations, is adopted and by this referenced made a part of this code with the same force and effect as though set out in full. The California Electrical Code consists of the "National Electrical Code, 1999. Edition, " promulgated by the National Fire Protection Association and approved by the American National Standards Institute, as modified by the California Building Standards Commission. A copy of the California Electrical Code is on file and open to public inspection in the office of the building official. Wherever the phrases "uniform electrical code" and "electrical code" are used in this code or any ordinance of the Ci ty, such phrases shall be deemed and construed to refer and apply to the 2001 California Electrical Code, as adopted and amended by this chapter. 16.16.020 Violations -Penalties. Any person, firm, or corporation violating any provision of this electrical code is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in subsection (a) of Section 1.08.010 of this code. Each separate day or any portion thereof during which any violation of this chapter occurs or continues constitutes a separate offense, and upon 0212038m 0053120 1 ...: 'j conviction thereof shall be punishable as provided in this section. 16.16.030 Enforcement--Citation authority. The following designated employee positions may enforce the provisions of this chapter by the issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are: (1) chief building official: (2) assistant building official: (3) supervisor, building inspection; and (4) code enforcement officer. 16.16.040 Article 120 added--Per.mits. Article 120 is added to Chapter 1 of the California Electrical Code to read: "ARTJ:CLE 120--PElUIJ:TS 120-1 Enforcement by building official. It shall be the duty of the building official to enforce the provisions of this electrical code. The building official shall, upon application, grant permits for the installation or alteration of electrical wiring, devices, appliances and equipment, and shall make inspections of all new electrical installations and reinspections of all electrical installations, all as provided in this electrical code. The building official shall keep complete records of all permits issued, inspections and reinspections made and other official work performed in accordance with the provisions of this electrical code. 120-2 Authority to Disconnect Wire or Service. The building official shall have the authority to cut or disconnect any wire in cases of emergency where necessary for safety to life or property or where such wire may interfere with the work of the Fire Department. The building official is further authorized to disconnect or order discontinuance of electrical service to any electrical wiring, devices, appliances or equipment found to be dangerous to life or property because they are defective or defectively installed until such wiring, devices, appliances, and equipment 021203 sm 0053120 2 and their installation have been made safe and approved by the building official. 120-3 Per.mit Required. No electric wiring, devices, appliances or equipment shall be installed within or on any building, structure or premises nor shall any alterations or additions be made in any such existing wiring, devices, appliances or equipment wi thout first securing a permit therefor from the building official. Exceptions. No permit shall be required to perform the following: 1. The replacement of lamps or the connection of portable appliances to sui table receptacles which have been permanently installed. 2. The installation, alteration or repair of wiring, devices, appliances or equipment for the operation of signals or the transmission of intelligence where such wiring, devices, appliances or equipment operates at a voltage not exceeding twenty-five volts between conductors and does not include generating or transforming equipment capable of supplying more than fifty watts of energy. 3. The installation, alteration or repair of electric wiring, devices, appliances and equipment installed by or for a public utility corporation for the use of such corporation in the generation, transmission, distribution, or metering of electrical energy, or for the use of such corporation in the operation of signals or the transmission of intelligence. 120-4 Requirements of Application. such permit, describing the work to made in writing to the building application shall be accompanied specifications and schedules as may determine whether the installation as Application for be done, shall be official. The by such plans, be necessary to described will be in conformity with the requirements of this code, and if the applicant has complied with all provisions of this code, a permit for such installation shall be issuedi provided, however, that the issuance of the permit shall not be taken as permission to violate any of the requirements of this code. 021203 sm 0053120 3 The permit when issued shall be for such installation as described in the application and no deviation shall be made from the installation so described without the written approval of the building official. 120-5 Penalty Fee for Late Applications. Whenever an electrical permit fee is required by this code to be paid prior to starting of electrical work and such work is started prior to obtaining a permit, a double fee for each permit will be charged. 120-6 Permit Fees. Each applicant shall pay to the building official for each permit issued, at the time of issuance, a fee in accordance with the schedule of fees set forth in the municipal fee schedule and the rate for each classification. No permit shall be issued to any person unless all fees due are paid in full. 120-7 Inspection and Certificate of Approval. 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 installing the same to notify the building official who shall inspect the installation. Where the building official finds the installation to be in conformity with the provisions of this code, he or she shall issue to the person making the installation a certificate of approval, authorizing the use of the installation and connection to the source of supply, and shall send notice of such authorization to the department of light and power. 120-8 Correction of Defects. If, upon inspection, the installation is not found to be fully in conformity with the provisions of this code, the building official shall as soon as possible notify the person making the installation, stating the defects which have been found to exist. All defects shall be corrected within ten days after inspection and notification, or within other reasonable time as permitted by the building official. 021203 sm 0053120 4 120-9 Temporary and Preliminary Permits. When a certificate of approval is issued authorizing the connection and use of temporary work, such certificate shall be issued to expire at a time to be stated therein and shall be revocable by the building official for cause. A preliminary certificate of approval may be issued authorizing the connection and use of certain specific portions of an incomplete installation; such certificate shall be revocable at the discretion of the building official. 120-10 Concealment of Wiring; Right to Require Removal. When any part of a wiring installation is to be hidden from view by the permanent placement of parts of the building, the person installing the wiring 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; provided that on large installations, where the concealment of parts of the wiring proceeds continuously, the person installing the wiring shall give the building official due notice and inspection shall be made periodically during the progress of the work. The building official shall have the power to remove or require the removal of any obstruction that prevents proper inspection of any electrical equipment. 120-11 Connection and Installation. Except where work is done under an annual maintenance permit, it shall be unlawful for any person to make connection from a source of electrical energy or to supply electric wiring, devices, appliances or equipment for the installation of which a permit is required, unless such person shall have obtained satisfactory evidence that such wiring, devices, appliances, or equipment are in all respects in conformity with all applicable provisions of this code. 120-12 Unlawful to Connect without Certificate of Approval. It shall be unlawful for any person to make connection from a source of electrical energy or to supply electric service to any electric, wiring, devices, appliances or equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered by the building official to be discontinued until a 021203 sm 0053120 5 certificate of approval has been issued by the building official authorizing the reconnection and use of such wiring, devices, appliances or equipment. The building official shall notify the department of light and power of such order to discontinue use./I 16.16.050 Article 300-1(c) through (e) added--Wiring methods--General requirements. Three new subsections are added to Article 300-1 of the 1998 California Electrical Code, to be designated (c) through (e) and to read: \\(c) All buildings and structures (other than single or two family dwellings, apartment buildings of wood frame construction not exceeding three stories in height and accessory buildings thereto) shall be wired in an approved type raceway or metallic covered cable permitted by this code. (d) Binding screws and self-locking wire terminals of receptacles and switches shall not be substituted for splicing devices or splices in conductors. (e) That portion of a building to be remodeled shall be wired in accordance with this code and all other areas of the building shall be made safe as may be required by the building official." SECTION 2. The Council adopts the findings for newly- enacted local amendments to the 2001 California Electrical Code, attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment. II II II 0212038m 0053120 6 SECTION 4. This ordinance shall become effective upon the commencement of the thirty-first day after the date of its adoption, provided, however, the provisions herein enacted shall be operative from and after November 1, 2002. INTRODUCED: October 21, 2002 PASSED: November 12, 2002 AYES: BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE, MORTON, MOSSAR, OJAKIAN NOES: ABSENT: BEECHAM ABSTENTIONS: City Clerk Mayor APPROVED AS TO FORM: l~\,-Q ~~-~ . Cit ttorney and / 021119 sm 0053120 7 EXHIBIT A FINDINGS FOR LOCAL AMENDMENTS TO THE 2001 CALIFORNIA ELECTRICAL CODE Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions in the uniform codes that are published in the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions in the uniform codes and published in the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions. Local building regulations having the effect of amending the uniform codes, which were adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to November 23, 1970, and have been carried through from year to year without significant change, need no required findings. Also, amendments to provisions not regUlating buildings used for human habitation do not require findings. The findings made by the Council of the City of Palo Al to in Ordinance 2600 adopting the 1968 National Electrical Code and the findings adopted by the Council in Ordinance 2811 adopting the 1971 National Electrical Code, have been reaffirmed with each successive adoption of the National Electrical Code as published in the California Building Standards Code, and are hereby reaffirmed and expressly made applicable to such changes as are hereby adopted, readopted, amended or carried through without significant change. New amendments or modifications to the National Electrical Code have been made for administrative consistency only, and do not require findings pursuant to California Health and Safety Code section 17958.7. 021203 sm 0053120 8