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ORD 876 10/14/2008 NATIONAL ELECTRIC CODE ORDINANCE NO. 8 7 6 AN ORDINANCE OF THE CITY OF CIBOLO AMENDING ORDINANCE 658 FOR ADOPTION OF ARTICLE 80 OF THE NATIONAL ELECTRIC CODE; BY ADDING THE 2008 EDITION OF THE NATIONAL ELECTRIC CODE, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, AND USE OR MAINTENANCE OF ELECTRICAL SYSTEMS IN THE CITY OF CIBOLO; PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; REPEALING ORDINANCE NO. 775 OF THE CITY OF CIBOLO AND THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE. PROVIDES FOR AMENDING ORDINANCES 776 THROUGH 785 (ADOPTED 2006) ICC CODE CHAPTERS AND SECTIONS AND APPENDICES RELATED TO ELECTRICAL OR ANY OTHER ORDINANCES ADOPTED BY THE CITY THAT WOULD BE IN CONFLICT AND THE MOST STRINGENT CODE WILL PREVAIL. WHEREAS,the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and WHEREAS,the City of Cibolo is governed by a Home Rule Charter that was approved by the Citizens of Cibolo in a duly called election held on September 11,2004; and WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general authority for the City of Cibolo to enforce each rule, ordinance, or police regulation of the City of Cibolo and to punish a violation of a rule, ordinance, or police regulation; and WHEREAS, Chapter 214.214 of the Texas Local Government Code provides the general authority for the City of Cibolo to adopt local amendments to the National Electrical Code and for the administration and enforcement thereof; and WHEREAS, the City of Cibolo, Texas seeks to regulate and govern the safeguarding of life and property from fire and hazards arising from the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, and use or maintenance of electrical systems in the City of Cibolo and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Cibolo. The City Council of the City of Cibolo does ordain as follows: Section 1. That a certain document, two (2) copies of which are on file in the office of the Building Official of Cibolo and one (1) copy of which is on file in the office of the Fire Marshal of Cibolo, being marked and designated as the National Electric Code,2008 edition, including Annexes B, C,E, and F,as published by the Nation Fire Protection Association, be and is hereby adopted as the Electric Code of the City of Cibolo, in the State of Texas regulating and governing the safeguarding of life and property from Page 1 of 5 fire and hazards arising from the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, and use or maintenance of electrical systems in the City of Cibolo and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Electric Code on file in the office of the Building Official of the City of Cibolo are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2, 3, 4, and 5 of this ordinance. And the following shall apply as amendments to the code. (A) Workmanlike Manner required: All electrical equipment, each wiring system, a raceway, exposed run, unexposed run, cabinet, cutout box, chase or other work shall be installed in a professional and neat workmanlike manner acceptable to the Building Official (inspector). Workmanlike installation is required for a residential, commercial, or industrial project regardless of the type of approved wiring method or approved material used. This means that the installation is neat, installed in straight runs using proper supports, and is square and plumb with the structure of the building.This includes proper design and lay out. (B) Electrical must have dedicated spaces equal to the width and depth of the electrical equipment from the floor to 25 feet above the equipment or the structural ceiling (which ever is lower). Pipes, ducts,or equipment that is foreign to the electrical installation shall not be located in this zone. (C) All accessible abandoned raceways, wiring systems and abandoned equipment/materials, both high voltage and low voltage, shall be removed from all buildings or lease spaces when there is a change,remodeling, etc. (D) Emergency Switch for Pools, Spas and Hot Tubs is a requirement in section 680.41 the following amends this to include the following: a clearly labeled emergency shutoff switch that disconnects all power to the pool, spa, fountains, hot tubs or similar installation equipment (and includes the underwater lighting system of the pool). The location of the switch will comply with the electrical code 680.41 for distance, and it must be readily accessible, within sight and not less than 5 feet of the spa or hot tub, or other installations, and in accordance with the disconnect means for a pool reference sec 680.12. The shut-off switch shall be clearly indicated by a sign, which shall be plastic, metal, or similar durable material. The sign shall read"Emergency Shut Off"and the lettering must be a minimum of 2 inches in height. The shut off switch shall be red in color and of the mushroom "push to kill"type as illustrated in Exhibit 680.17 of the NEC 2005 Handbook, p.1005. Per the NEC 2008 680.41 the emergency switch requirement does not apply to single-family dwellings. (E) Parking lot and outside lighting: Poles can not exceed 20 feet from finished ground, and designed to meet the ASNI standards for illumination, all lighting equipment and devices will be positioned to divert all lighting downward and minimize over flow of lighting to adjacent areas, and eliminate any potential for danger of glare, or light blinding to motorist or other individuals in performing activities.The only exception to this is Sports Facilities or Entertainment venues(such as an amphitheater). (F) Insulated staples are required when staples are used or insulated holders/support. Page 2of5 (G) Over size breaker in amperes is not authorized (example an appliance breaker calculation of 35 ampere, then you can not use a 50 ampere breaker. However if the calculation was 38 amperes then a 40 ampere breaker would be acceptable. (H) All plans must include calculations using the appropriate method (Optional Load Calculation, or the Standard Load Calculation). The plans must include a standard calculation of both feeders, and service entrance, and service– lateral conduction, applying the demand factors to each. Or the optional calculations using Article 220 (Branch-Circuit, Feeder, and Service Calculations). This must also be provided with the permit application and plan for a new service on an existing dwelling. Load calculations are required for all electrical permit application and plans(includes residential,Industrial, and Commercial). (I) Electrical for all multi-family, commercial and Industrial Plans must be sealed by an appropriate State of Texas licensed Engineer. (J) Contractors and Sub-Contractors are required to register with the City of Cibolo (Ordinance 751). Only a Master Electrician currently licensed by the State of Texas is authorized to apply for a permit, and they must provide a copy of their State License, their driver's license, and other information/documents required by the City Building and Development Services Department. Section 2. That the following sections and/or sub-sections are hereby revised to read as follows: Section 90.1.1 Title. These regulations shall be known as the National Electric Code of the City of Cibolo,herein after referred to as "this code". Section 230.50 Protection Against Physical Damage — Above Ground. Service-entrance conductors installed above ground shall be protected against physical damage as specified in 230.50 and for emerging from underground will be in accordance with section 300.5 (A) Service Cables. Service cables, where subject to physical damage, shall be protected by any of the following: (1) Rigid metal conduit is the preferred material to be used by the code official (2) Prior approval by the code official is required for use of Intermediate metal conduit (3) Prior approval by the code official is required for use of Schedule 80 rigid nonmetallic conduit (4) Prior approval by the code official is required for use of Electrical metallic tubing (5) Prior approval by the code official is required for use of other approved means. (B) Other than Service Cable. Individual open conductors and cables other than service cables Shall not be installed within 3.0 m (10 ft) of grade level or where exposed to physical damage. Exception: Type MI and Type MC Cable shall be permitted within 3.0 m (10 ft) of grade level where not exposed to physical damage or where protected in accordance with 300.5(D). Section 3. Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each. Section 4. Fee schedule. The fees for all electrical work shall be as indicated in the following schedule. Fee Schedule: See City Fee Schedule(Ordinance 751). Page 3 of 5 Fee refunds. There shall be no refund of fees (permit or plan check). except the code official shall be authorize to make the decision regarding refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. The code official shall not authorize the refunding of any fee paid, except upon written application not later than 90 days after the date of fee payment by the original permittee. Section 5. Florescent Luminaire Fixtures. All florescent tubes or bulbs shall be guarded so as to prevent the tube or bulb from falling away from the fixture. Methods of protection to include but not limited to the use of secured covers, defusers,or wire guards. Section 6. Subjects not regulated by this code. Where no applicable standards or requirements are set forth in this code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association, International Code Council, or other nationally recognized electrical safety standards as are approved shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official's jurisdiction or responsibility. Section 7. Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a Class C misdemeanor, punishable by a fine of not more than $2,000.00 dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 8. Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than$100.00 dollars or more than$500.00 dollars. Section 9. That Ordinance No. 775 of City of Cibolo adopting the 2005 National Electric Code is hereby repealed. Section 10. That Ordinance No. 776 through 785, which includes the adopted Residential, Building, Electrical, Mechanical, plumbing....and other related ICC Codes and City Ordinances are hereby amended to encompass the (NFPA 70) NEC 2008 National Electrical Code as they relate directly or indirectly to electrical, including all appendices and references. Section 11. That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the more restrictive provision shall apply. Section 12. That if any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 12. That nothing in this ordinance or in the National Electric Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing,under any act or ordinance hereby repealed Page 4 of 5 as cited in Section 9 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 14. That the City Secretary is hereby ordered and directed to cause this ordinance to be published. Section 15. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effective upon passage by City Council and after having been published twice in it's entirety or in summary form or by publishing the caption of this ordinance twice in the City of Cibolo's Official Newspaper. PASSED AND APPROVED this 14 day of October,2008. enni rrHartman,Mayor ATTEST: Peggy Cimics, City Secretary Page 5 of 5