Item 6B
M E M O R A N D U M
August 10, 2020
To: Mayor and City Council
From: Kenneth M. Baker, Sr. Director of Planning and Development Services
Subject: Ordinance No. 1231, adoption of the 2020 National Electrical Code.
Action
Requested: Approval of Ordinance No. 1231 – Adopting the 2020 National Electrical
Code (NEC).
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 2020 NEC as the electrical code for the state
of Texas and established it as the "minimum standard" for all electrical work
in Texas. The 2020 edition replaces the 2017 National Electrical Code. The
effective date in the State will be November 1, 2020 (delayed from the
proposed date of September 1, 2020 due to COVID-19), although the
Ordinance would become effective in Southlake upon adoption by City
Council.
The 2020 NEC included some relocations of code sections within the text of
the code, which is a minor change from the 2017 NEC. Significant changes
and highlights of the proposed ordinance are as follows:
• Exterior Emergency Disconnects: Helps to improve electrical safety
for emergency responders at one- and two-family dwelling
installations.
• Deenergizing Panel Boards: Revises service disconnect rules to help
increase electrical worker safety.
• Marinas and Boatyards: Updates ground-fault protection and leakage-
current measurement device requirements.
• Power Over Ethernet: Adapts NEC requirements to meet the
installation practices of new and evolving technologies.
• Conducting Load Calculations: Modernizes the tables currently in use
for calculations to reflect improvements in energy efficiency.
• Reorganization of Article 310: Includes new user-friendly numbering
for important ampacity tables.
• New general requirement: Electrical cables that are surface mounted
to the ceiling or surface mountain to the wall must be fastened and
secured to the building structure.
Staff
Recommendation: Recommend approval of proposed Ordinance No. 1231.
Citizen Input: A SPIN Town Hall Forum for this item was not held due to the adoption of this
code being a state requirement.
City Council: August 4, 2020; Approved (4-0) on the Consent Agenda as written.
Supporting
Documents: Exhibit “A” Proposed Ordinance No. 1231
(B) Link to PowerPoint Presentation
Staff Contact: Kenneth M. Baker, AICP – (817) 748-8067
Mike White – (817) 748-8230
Exhibit “A”
Proposed Ordinance No. 1231 (Draft)
ORDINANCE NO. 1231
AN ORDINANCE ADOPTING THE 2020 EDITION OF THE NATIONAL
ELECTRICAL CODE IN THE CITY OF SOUTHLAKE; 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 Texas Electrical Safety and Licensing Act requires the Texas
Department of Licensing and Regulation (TDLR) to adopt the revised National Electrical
Code (NEC) as the electrical code for the state of Texas; and
WHEREAS, on June 30, 2020 the Texas Commission on Licensing and Regulation
adopted the 2020 NEC as the electrical code for the state of Texas and established it as
the “minimum standard” for all electrical work in Texas covered by the Act;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
That the 2020 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
The material referenced as Exhibit “A” 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 3
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 invo lving
zoning, fire, safety or public health and sanitation, including dump ing 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 4
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 co nflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 5
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 a ny phrase,
clause sentence, paragraph or section of this ordinance shall b e 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 6
All rights and remedies of the City of Southlake are expressly saved as to any an d
all violations of the provisions of any ordinances affecting the regulation and control of the
use, occupancy, maintenance, repair, de sign, 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 7
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, penalt y 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 8
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 4th day of August, 2020.
CITY OF SOUTHLAKE
By:
______________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Amy Shelley – TRMC
City Secretary
PASSED AND APPROVED on the 2nd reading the 18th day of August, 2020.
CITY OF SOUTHLAKE
By:
______________________________
Laura Hill, Mayor
ATTEST:
________________________________
Amy Shelley – TRMC
City Secretary
APPROVED AS TO FORM:
_________________________________
City Attorney
City of Southlake, Texas
City Council motion at 1st Reading:
RESERVED FOR CITY COUNCIL MOTION
City Council motion at 2nd Reading:
RESERVED FOR CITY COUNCIL MOTION
“EXHIBIT A”
RESERVED FOR 2020 NATIONAL ELECTRICAL CODE