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Item 6B - Memo M E M O R A N D U M October 31, 2023 To: Mayor and City Council From: Dennis Killough, Director of Planning and Development Services Subject: Ordinance No. 1280, 2nd Reading, adoption of the 2023 National Electrical Code. Action Requested: Conduct a public hearing and consider approval of the 2nd Reading of Ordinance No. 1280– Adopting the 2023 National Electrical Code (NEC). 1st Reading was approved on October 17, 2023 on Consent. 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 2023 NEC as the electrical code for the State of Texas and established it as the "minimum standard" for all electrical work in Texas. The 2023 edition replaces the 2020 National Electrical Code. The effective date in the State is September 1, 2023. The purpose of this Ordinance is to bring the City’s adopted code in line with the minimum standards of the State and what the electrical trades are required to follow. The 2023 NEC was reorganized to consolidate all the code’s defined terms into an expanded Article 100 to help users locate critical content more quickly. There were added systems and equipment to the code that were not covered previously, and redundancies removed. Significant changes and highlights of the new NEC are as follows: • Now includes items such as bonding in “splash pads”, and additional hazardous locations. • GFCI protection expanded for specific appliances such as clothes dryers and microwaves. • Additional surge protections for multifamily, dorms, guest suites and nursing homes. • Alternative Energy systems regarding on-site power supplies and electric utility supplies; the delineation between power storage types. • Outside emergency disconnects for houses in case of emergency. • Electric vehicle power and supply equipment regulation updates. Staff Recommendation: Recommend approval of proposed Ordinance No. 1280. Page 2 Citizen Input: A SPIN Town Hall Forum for this item was held on October 10, 2023. Building Board of Appeals: The Building Board of Appeals recommended approval (5-0) of Ordinance No. 1280, adopting the 2023 National Electrical Code at their October 16, 2023 meeting. City Council Action: October 17, 2023; Approved 1st reading (7-0) on consent. Supporting Documents: Exhibit “A” Proposed Ordinance No. 1280 Exhibit “B” 2023 National Electrical Code (Not included in packet) Staff Contact: Dennis Killough – (817) 748-8072 Mike White – (817) 748-8230 Page 3 Exhibit “A” ORDINANCE NO. 1280 AN ORDINANCE ADOPTING THE 2023 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 September 1, 2023, the Texas Commission on Licensing and Regulation adopted the 2023 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: Page 4 SECTION 1 That the 2023 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 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 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 conflict with the provisions of such ordinances, in which event the conflicting provisions of su ch 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 any phrase, clause sentence, paragraph or section of this ordinance shall be declared uncon stitutional by Page 5 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 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 mate rials 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, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinan ce, 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. Page 6 PASSED AND APPROVED on the 1st reading the 17th day of October 2023. CITY OF SOUTHLAKE By: ______________________________ John Huffman, Mayor ATTEST: _________________________________ Amy Shelley – TRMC City Secretary PASSED AND APPROVED on the 2nd reading the 7th day of November 2023. CITY OF SOUTHLAKE By: ______________________________ John Huffman, Mayor ATTEST: _________________________________ Amy Shelley – TRMC City Secretary APPROVED AS TO FORM: _________________________________ City Attorney City of Southlake, Texas EXHIBIT “B” RESERVED FOR 2023 NATIONAL ELECTRICAL CODE (Separate document) Page 7