Item 6D
M E M O R A N D U M
March 13, 2018
To: Mayor and City Council
From: Kenneth M. Baker, Sr. Director of Planning and Development Services
Subject: Ordinance No. 1142-A, Amendment to the City of Southlake Building Code to
adopt the 2017 National Electrical Code.
Action
Requested: Recommend approval of Ordinance 1142-A – Amendment to the City of
Southlake Building Code to adopt the latest edition of the National Electrical
Code.
Background
Information: The Texas Electrical Safety and Licensing Act requires the Texas
Department of Licensing and Regulation (TDLR) to adopt the latest edition of
the National Electrical Code (NEC) as the electrical code for the state of
Texas. TDLR has adopted the 2017 NEC as the electrical code for the state
of Texas and established it as the "minimum standard" for all electrical work
in Texas.
Significant changes and highlights of the proposed ordinances are as follows:
The 2017 edition replaces the 2014 National Electrical Code. Its purpose is
the practical safeguarding of persons and property from hazards arising from
the use of electricity and contains provisions that are considered necessary
for safety. The 2017 NEC provides the minimum standards to safeguard the
health and property regulation and controlling the use, occupancy,
maintenance, repair, design, construction and quality of materials for
buildings and structures within the city.
Staff
Recommendation: Recommend approval of proposed Ordinance No. 1142-A.
Citizen Input: A SPIN Town Hall Forum for this item was held on February 27, 2018. Link to
SPIN Meeting Report: SPIN2018-13
Building Board
of Appeals: October 18, 2017; Approved (5-0).
City Council: March 6, 2018; Approved (6-0) on consent.
Supporting
Documents: Exhibit “A” Proposed Ordinance No. 1142-A
(B) Link to PowerPoint Presentation
Staff Contact: Kenneth M. Baker, AICP – (817) 748-8067
Exhibit “A”
Proposed Ordinance No. 1142-A (Draft)
ORDINANCE NO. 1142-A
AN ORDINANCE AMENDING ORDINANCE NO. 1142, THE
BUILDING CODE OF THE CITY OF SOUTHLAKE, EXHIBIT B
PROVIDING FOR REFERNCED CODES AS PROVISIONS OF THE
ELECTRICAL CODE AS THE ADOPTED STATE ELECTRICAL
CODE; PROVIDING A PENALTY CLAUSE; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERIBILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this
ordinance governing requirements for the installation and maintenance of electrical systems
including requirements for materials, in order to protect the health, safety and welfare of the citizens
of the City of Southlake; and
WHEREAS, the City Council has determined it is necessary to amend these requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
That the 2017 National Electrical Code, published by The National Fire Protection
Association, is hereby adopted as the Electrical Code of the City of Southlake. A true and correct
copy of this Code is referenced as Exhibit "A."
SECTION 2
Local amendments to the 2015 International Building Code, Exhibit “B”, are hereby
amended by amending section 110.4. Referenced Codes. Adding “Any reference to NFPA 70 or the
Electrical Code shall mean the 2017 National Electrical Code as adopted by the State of Texas.”
(Reason: The State Electrical Code is the 2017 National Electrical Code as written).
SECTION 3
The material referenced as Exhibits “A” and “B” to this ordinance shall not be included in
the formal municipal codification of ordinances, but shall be maintained as a public record in the
office of the City Secretary and will be available for public inspection and copying during regular
business hours.
SECTION 4
Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than Two Thousand Dollars ($ 2,000.00) for any violation involving zoning, fire, safety or public
health and sanitation, including dumping or refuse, and shall be fined not more than five hundred
dollars ($500) for any other violation of this ordinance. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 5
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,
Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 6
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of any ordinances affecting the regulation and control of the use,
occupancy, maintenance, repair, design, construction and quality of materials for buildings and
structures within the City which have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 8
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in
book or pamphlet form for general distribution among the public, and the operative provisions of this
ordinance as so published shall be admissible in evidence in all courts without further proof than the
production thereof.
The City Secretary of the City of Southlake is hereby directed to publish in the official
newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date
of this ordinance one time within ten days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 9
This ordinance shall be in full force and effect from and after its passage and publication as
required by law and is so ordained.
PASSED AND APPROVED on the 1st reading the 6th day of March, 2018.
CITY OF SOUTHLAKE
By:
______________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Carol Ann Borges – TRMC
City Secretary
PASSED AND APPROVED on the 2nd reading the 20th day of March, 2018.
CITY OF SOUTHLAKE
By:
______________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Carol Ann Borges – TRMC
City Secretary
APPROVED AS TO FORM:
_________________________________
City Attorney
City of Southlake, Texas
“EXHIBIT A”
RESERVED FOR 2017 NATIONAL ELECTRICAL CODE
“EXHIBIT B”
RESERVED FOR 2015 INTERNATIONAL BUILDING CODE
“EXHIBIT C”
City Council motion at 1st Reading:
RESERVED FOR CITY COUNCIL MOTION
City Council motion at 2nd Reading:
RESERVED FOR CITY COUNCIL MOTION