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Item 7HCity of Southlake, Texas MEMORANDUM July 14, 2004 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Ordinance No. 875, 2nd Reading, Adoption of the 2002 National Electrical Code. Action Requested: City Council approval of ordinance adopting the National Electrical Code, 2002 Edition with local amendments. Background Information: The city currently operates under the 2000 editions of the International: Codes and under the 1999 edition of the National Electrical Code. These codes are published on a three year cycle. The North Central Texas Council of Governments Executive Board with the recommendation of the Regional Code Coordinating Committee has recommended adoption of these codes except the Property Maintenance Code be adopted with regional amendments. The Property Maintenance Code is included as an update for the Dangerous Building Code. Financial Considerations: These updated codes will have nominal impact on the cost of construction in the city. Financial Impact: This will have no financial impact on the city budget. Citizen Input/ Board Review: The Building Board of Appeals held three public hearings and unanimously recommended adoption of these codes. Two additional meetings were held to receive input from the area building contractors. Legal Review: This ordinance has been reviewed by the city attorney and changes have been made as recommended. Alternatives: Adopt the ordinance as recommended or direct staff to restudy any specific issues that may be of concern. Supporting Documents: Detailed memorandum to Garland Wilson dated June 21, 2004 Ordinance No. 875, 2003 National Electrical Code Staff Recommendation: Approve Ordinance No. 875 on second reading with an effective date of September 30, 2004. This is intended to provide builders time to factor changes into contracts being developed. City of Southlake, Texas MEMORANDUM June 21, 2004 TO: Garland Wilson, Chief of Administrative Services FROM: Paul Ward, Building Official, and; Chuck Bloomberg, Plans Examiner SUBJECT: 2003 International Codes The ICC, International Code Council, is a nonprofit organization founded in 1994 to develop a single set of comprehensive and coordinated national model construction codes for use throughout the country. We as the City of Southlake have been involved and supportive throughout the code development process and the creation of the International Codes. This support has been through the North Texas chapter of the International Code Council and through the regional review process be the Regional Codes Coordinating Committee of the NCTCOG (North Central Texas Council of Governments). The I Codes were developed with the support of many organizations that have interest in the construction industry although the final vote on all items is by code officials only. Work on the International Codes has been a model of democracy, without territorial disparities getting in the way. The American Institute of Architects and the National Association of Home Builders were both very active participants in the code development process. The National Association of Home Builders has applauded the recent action by the International Code Council (ICC) to add "affordability" to the Purpose Statement section of the International Residential Code (IRC), which applies to one- and two - family homes. The City of Southlake has had a track record of supporting the latest edition of the codes. The code has been published every three years for a long time. Since the 1980's Southlake has adopted the new code within one year of it becoming available. Another important reason to be up to date with the latest codes is the ISO insurance rating. Their system will subtract points if the city is not on the current codes. We always need to be able to show that we are current with the latest codes. The Building Codes are a set of universally accepted standards adopted as guidelines for construction of buildings and related building operations. The term "building codes" is a generic phase that actually encompasses several individual codes, each of which must be approved and adopted by the City Council before they can be applied or enforced. These codes are periodically updated, primarily due to new products entering the marketplace, and minor revisions may be made under the term "local amendments." The National Electrical Code (NEC) defines the requirements for everything related to electrical service. For example the size of wire required to operate certain outlets or fixtures, the type of wire allowed to be used, and what type of devices must be included to protect the user against electric shock. Southlake currently operates under the 1999 NEC. The proposed ordinance will bring us up to date by adopting the 2002 edition of the National Electrical Code (2002 NEC). This ordinance was created from the framework of the previous ordinance, inserting the NCTCOG recommended regional amendments. 2002 National Electrical Code ORDINANCE NO. 875 AN ORDINANCE ADOPTING NFPA 70, THE NATIONAL ELECTRICAL CODE 2002 EDITION; 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. WHEREAS, beginning in the summer of 2003, NCTCOG's Regional Codes Coordinating Committee (RCCC) and its four advisory boards conducted 26 open review meetings over a 10 -month period to review the 2003 editions of the International Codes and the 2002 National Electrical Code and to develop regional amendments. Their review and recommendations were completed and endorsed by NCTCOG's Executive Board in March 2004. Now NCTCOG encourages jurisdictions in North Central Texas to adopt the 2002 National Electrical Code along with its respective regional amendments with an effective date of July 1, 2004: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 That NFPA 70, The National Electrical Code, 2002 Edition, published by The National Fire Protection, Inc., 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 2002 National Electrical Code, 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 1999 National Electrical Code 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. Upon adoption, copies of these amendments shall be attached to Exhibit "B" to this Ordinance. SECTION 3 The material contained in Exhibits "A" and `B" to this ordinance shall not be included in the municipal codification of ordinances, but shall be maintained as a public record in the office of the City Secretary will be available for public inspection and copying during regular business hours. 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. 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 each day that a violation is permitted to exist shall constitute a separate offense. 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 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 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 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 10 This ordinance shall be in full force and effect from and after its passage and publication as required by law, but not before September 30, 2004, and it is so ordained. Passed And Approved On First Reading On This Day Of , 2004. MAYOR ATTEST:_ CITY SECRETARY Passed And Approved On Second Reading On This Day Of , 2004. MAYOR ATTEST:_ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: EFFECTIVE: 3 EXHIBIT "B" Amendments to the 2002 National Electrical Code The following sections, paragraphs, and sentences of the 2002 National Electrical Code are hereby amended as follows: Standard type is text from the IECC. Underlined type is text inserted. Lined through typo is delete te)d from the !EGG Reasons stated are not a part of the code but are given to aid in understanding the amendment. Section 250.52 add a paragraph. 250.52 Grounding Electrodes. (A) Electrodes Permitted for Grounding. Where a metal underground water pipe, as described in item (1), is not present, a method of grounding as specified in (2) through (4) below shall be used. REASON FOR CHANGE: Sometimes metal underground water pipe is not available for use as a grounding electrode system. Therefore, to provide a more positive approach for grounding electrical premise systems for safety, a method as specified in 250.52(A)(2), (3), and (4) shall be used. This will eliminate the need to depend solely on a driven rod, plate, or pipe as specified in Section 250 - 52(A)(5) and (6). Section 300.11(A)(1) change to read as follows: 300.11 Securing and Supporting. (A) Secured in Place. (1) Fire -Rated Assemblies. Wiring located within the cavity of a fire -rated floor - ceiling or roof - ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wires.. unless tested as part of a fire -rated assembly An independent means of secure support ... {text unchanged) ... are part of the fire -rated design. (delete exception) REASON FOR CHANGE: If luminaries were intended to be covered, it could have been conveyed in a different manner than to introduce them in the exception. Based upon the International Building Code (IBC), the recommendations by the Ceilings & Interior Systems Construction Association (CISCA) to separately support luminaries is not mandated. Section 300.11(A)(2) change to read as follows: 300.11 Securing and Supporting. (A) Secured in Place. (2) Non - Fire -Rated Assemblies. Wiring located within the cavity of a non - fire -rated floor - ceiling or roof - ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wires.. unless authorized by, and installed in accordance with, the ceiling system manufacturer's instructions An independent means of secure support shall be provided. (delete existing exception) Add exception: From the last point of independent support or base for connections within an accessible ceiling to luminaire(s) (lighting fixture(s)) or equipment, branch circuit or fixture whip wiring shall be allowed to be supported by the ceiling support wires. REASON FOR CHANGE: Delete existing exception - Based upon the IBC, the recommendations by CISCA to separately support luminaries is not mandated. Add exception - To allow for a reasonable manner in which cables and conduits may be secured up off suspended ceilings of the removable panel type. Section 310.15(6)(6) change to read as follows: 310.15 Ampacities for Conductors Rated 0 -2000 Volts. (B) Tables. (6) 1201240 -Volt, 3 -Wire, Single -Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(6), shall be ... {text unchanged) ... provided the requirements of 215.2, 220.22, and 230.42 are met. This Section shall not be used in conjunction with 220.30. REASON FOR CHANGE: To provide a more reasonable margin of safety for dwelling service and feeder conductor allowable ampacities. Section 500.8(A)(1) change to read as follows: 500.8 Equipment. (A) Approval for Class and Properties. (1) Equipment shall be identified ... {text unchanged) ... the maximum surface temperatures specified in 503.1. FPN: Luminaries (lighting fixtures) and other heat - producing apparatus ... {text unchanged) ... see Exception No. 3 to 500.8(8). Suitability of identified equipment shall be determined by any of the following: (1) Equipment listing eF Iabelipg (2) EvideRGe of equipment evaluation ftern a qualified testing labeFatery OF ORSPedien ageRGY GGRGeMed with evaluation eF an ewneF'c idgmen# REASON FOR CHANGE: "Identified" is already defined in Chapter 1. Section 600.21(E) change to read as follows: 600.21 Ballasts, Transformers, and Electronic Power Supplies. (E) Attic and Soffit Locations. Ballasts, transformers, and electronic power supplies shall be permitted to be located in attics and soffits, provided there is an access door at least 900 mm by 600 mm (3 ft by 2 ft) and a passageway of at least 900 mm (3 ft) high by 600 mm (2 ft) wide with a suitable permanent walkway at least inn mm (12 in.) 600 mm (2 ft) wide extending from the point of entry to each component. REASON FOR CHANGE: To allow a more reasonable and safer width for the required walkway and to make the requirement consistent with the International Mechanical Code (IMC). END AMENDMENTS 5