Item 6F
P&DSD
LANNING EVELOPMENT ERVICES EPARTMENT
BID
UILDING NSPECTIONS IVISION
1400MS,S250,S,TX76092
AIN TREET UITE OUTHLAKE
www.cityofsouthlake.com
M E M O R A N D U M
March 4, 2008
TO:
Shana Yelverton, City Manager
FROM:
Paul Ward, CBO, Building Official
SUBJECT
: Ordinance No. 933, 2nd Reading, adopt the 2006 ICC Electrical Code,
Administrative Provisions.
Purpose:
The purpose of Ordinance No. 933 is to update the Electrical Code of
the City to the 2006 Edition of the ICC Electrical Code, Administrative
Provisions.
Applicability:
The 2006 ICC Electrical Code, Administrative Provisions also adopts by
reference the 2008 National Electrical Code providing for the practical
safeguarding of persons and property from hazards from the use of
electricity in the City of Southlake
Methodology:
Since 1967, the North Central Texas Council of Governments has
actively promoted the standardization of model construction codes in an
effort to simplify the construction process, advance the safety of building
systems, promote common code interpretation, facilitate the mobility of
contractors, and reduce training and construction costs.
The Regional Codes Coordinating Committee (RCCC) and its four
Advisory Boards comprised of local public and private code
professionals continually review the latest editions of the model
construction codes and recommend uniform amendments for the North
Central Texas region.
The City of Southlake has representatives sitting on the various
committees participating in the regional recommendation process.
Page 1 of 8
BBA
On January 24, 2008 the Building Board of Appeals met to consider the
proposed ordinances adopting the 2006 I Codes. Charles Bloomberg,
Plans Examiner and David Barnes, Fire Marshal explained the changes
in the I Codes from 2003 to 2006. Mr. Bloomberg explained the most
significant changes; 1) Residential sprinkling to include non-living space
equaling 6,000 square feet or greater (garages and unfinished bonus
rooms). 2) New fee for unauthorized cover up during construction. 3)
Plumbing AAV (Air Admittance Valve) must be approved prior to
installation and must be marked on plans.
Discussion: Board members and Staff discussed general code
compliance.
A motion was made to recommend adoption of 2006 I Codes with local
amendments. Motion Passed unanimously.
SPIN:
On January 28, 2008, staff held a citywide SPIN meeting in Southlake
Town Hall to present the 8 ordinances in the current 2006 code
package.
Explanation was given of the impact, focusing primarily on residential
construction. Questions were asked about specific applications, but no
specific objections were aired.
Action Requested
: Conduct a public hearing and make a recommendation on Ordinance
No. 933, adopting the 2006 ICC Electrical Code, Administrative
Provisions and certain local amendments.
Attachments:
Attachment A- International Codes Update Memo.
Attachment B- Proposed Ordinance 933, 2006 ICC Electrical Code,
Administrative Provisions.
Page 2 of 8
M E M O R A N D U M
Date: January 29, 2008
TO: Paul Ward, Chief Building Official
FROM: Chuck Bloomberg, Plans Examiner
SUBJECT: International Codes Update
The City of Southlake has adopted the International Code Council’s construction codes as
our local building codes with regional and local amendments. The codes are continually
updated on the national level and are published every three years. The current codes, the
2006 edition have been reviewed by the Regional Code Coordinating Committee and
Executive Council of the North Central Texas Council of Governments and recommended
for adoption by area cities.
2006 International Building Code. This code regulates all buildings not covered by the
IRC. The administrative chapter includes our permits for grading or “earth disturbance.”
The fee section is similar to the IRC ordinance. Again the NCTCOG recommendations are
followed except for some items that are more clarification than actual code changes. We
follow the NCTCOG choice for group B cities as far as fire sprinkler options, protecting
buildings greater than 6000 square feet as we have since 1994 with some modifications.
2006 International Fire Code. This code establishes regulations affecting or relating to
structures, processes, premises and safeguards regarding: (1.) The hazard of fire and
explosion arising from the storage, handling or use of structures, materials or devices; (2.)
Conditions hazardous to life, property or public welfare in the occupancy of structures or
premises; (3.) Fire hazards in the structure or on the premises from occupancy or
operation; (4.) Matters related to the construction, extension, repair, alteration or removal
of fire suppression or alarm systems. Amendments include NCTCOG recommendations
and Fire Services recommendations.
2006 International Energy Conservation Code. This is the code mandated by state
law with specific language that we may not amend it in any way less restrictive than the
original code adopted in 2001. The law established the Energy Systems Laboratory at
Texas A & M University as the judge as to what is or is not less restrictive. ESL worked
closely with NCTCOG in making recommendations for this edition of the code.
Attachment A
International Codes Update Memo
2006 ICC Electrical Code Administrative Provisions. This code adopts the 2008
National Electrical Code by reference as written without amendments and also gives the
administrative provisions consistent with the other
International Codes.
Page 3 of 8
• 2006 International Plumbing Code. This code regulates plumbing systems including
water and sewage and storm sewer piping systems and their fixtures. The Plumbing
ordinance limits amendments to those recommended by NCTCOG.
• 2006 International Fuel Gas Code. This code regulates gas piping, fuel burning
appliances and their vents. Again amendments are limited to the NCTCOG
recommendations.
• 2006 International Mechanical Code. This code regulates Heating, Air Conditioning
and mechanical ventilation systems. The NCTCOG amendments have been
recommended for the IMC.
• 2006 International Residential Code. This code regulates one and two-family dwellings
and townhouses not over three stories high and their accessory structures. The IRC is
unique in that one book covers all construction for dwellings including building, electrical,
plumbing, energy conservation, plumbing, heating and air conditioning and fuel gas
piping. Other than in the administrative chapter and appendix chapters the amendments
are as recommended by NCTCOG. In section 108.8 an unauthorized cover up fee was
added to help get final inspections on swimming pools prior to filling them. The energy
code provisions were revised by ICC and therefore had to be amended to remain in
compliance with state law. The residential sprinkler requirements were changed as
recommended by Fire Services.
Attachment A
International Codes Update Memo
Page 4 of 8
2006 ICC Electrical Code
(2008 NEC)
ORDINANCE NO. 933
February 11, 2008
AN ORDINANCE ADOPTING THE 2006 EDITION OF THE INTERNATIONAL
CODE COUNCIL ELECTRICAL CODE; PROVIDING FOR THE ADOPTION
OF LOCAL AMENDMENTS THERETO; PROVIDING FOR RECORDING OF
SUCH CODE AS A PUBLIC RECORD; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY 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, Texas 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,
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
That the 2006 ICC Electrical Code, Administrative Provisions, published by The
International Code Council, is hereby adopted as the Electrical Code of the City of Southlake.
A true and correct copy of this Code is attached to this ordinance as Exhibit "A."
SECTION 2
That the 2006 ICC Electrical Code, Administrative Provisions, as adopted herein, is
hereby amended as provided in Exhibit “B” incorporated herein and attached hereto for all
purposes of this ordinance. The City of Southlake may from time to time determine that
additional local modifications to the 2006 ICC Electrical Code, Administrative Provisions as
are necessary and appropriate to meet the unique construction needs of the City of Southlake.
To effectuate these modifications, the City council shall enact individual ordinances amending
this ordinance fully setting forth the change to be made in the code. The amendments shall be
consolidated as Exhibit "B" to this ordinance.
SECTION 3
The material contained in 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.
Attachment B
Page 5 of 8
Proposed Ordinance 933 ICC Electrical Code
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 such ordinances are
hereby repealed.
This ordinance is intended to replace Ordinance 875, as amended, the 2002 National Electrical
Code.
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 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
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 7
All rights and remedies of theCity of Southlake are expressly saved as to any and all
violations of the provisionsof any ordinances affecting the installation and maintenance of
electrical systems 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
buy 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.
SECTION 9
The CitySecretary 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.
Attachment B
Page 6 of 8
Proposed Ordinance 933 ICC Electrical Code
SECTION 10
This ordinance shall be in full force and effect from and after its passage and
publication as required by law but not before April 1, 2008, and it is so ordained.
Passed And Approved On First Reading On This Day Of , 2008.
_
MAYOR
ATTEST:_
CITY SECRETARY
Passed And Approved On Second Reading On This Day Of , 2008.
_
MAYOR
ATTEST:_
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
EFFECTIVE:
Attachment B
Page 7 of 8
Proposed Ordinance 933 ICC Electrical Code
EXHIBIT “B”
Amendments to the
2006 ICC Electrical Code Administrative Provisions
(Standard type is text from the ICCEC. Underlined type is text inserted. Lined through
type is deleted text from ICCEC.) After each code amendment a reason is given in
parentheses. The reason is not a part of the code, but is given to aid in understanding
the code.
Section 101.1; Insert city name as follows:
101.1 Title.
These regulations shall be known as the Electrical Code of The City of
Southlake, Texas and shall be cited as such and will be referred to herein referred to
as "this code."
Section 404.2; Delete and amend as follows:
404.2 Schedule of permit fees:
Permit fees shall be as established by Resolution of
the City Council.
Sections 1101.1; Add a sentence as follows:
1101.1 Board of appeals established.
In order to hear and decide appeals of orders,
decisions or determinations made by the code official relative to the application and
interpretation of this code, there shall be and is hereby created a board of appeals.
The board of appeals shall be appointed by the governing body and shall hold office at
its pleasure. The board shall adopt rules of procedure for conducting its business, and
shall
render all decisions and findings in writing to the appellant with a duplicate copy to the
code official. The Building Board of Appeals as established by ordinance 622, as
amended, shall constitute the Board of Appeals referenced in this code.
Sections 1102 and 1103; Delete entirely.
(Reason: To recognize the appeal board already established.)
Chapter 13 Referenced Standards; Amend NFPA 70-05 as follows:
70-05 70-08 . . . . . . National Electrical Code
(Reason: The 2008 Edition of the NEC is now available and it supersedes the 2005 Edition.)
END OF AMENDMENTS.
.
Attachment B
Page 8 of 8
Proposed Ordinance 933 ICC Electrical Code