HomeMy WebLinkAbout2011-04-05; City Council; CS-129; AMENDING THE ELECTRICAL CODE...1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. CS-129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE TITLE 18, CHAPTER 18.12, ELECTRICAL CODE TO
ADOPT THE 2010 EDITION OF THE CALIFORNIA ELECTRICAL
CODE
EXHIBIT 4
WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2010
Edition of the California Electrical Code is in the best interest of the public and promotes the
health, safety and welfare of its citizens.
THEREFORE, the City Council of the City of Carlsbad, California, does
follows:
ordain as
SECTION 1: That Title 18, Chapter 18.12 of the Carlsbad Municipal Code, is amended
to read as follows:
Chapter 18.1 2
ELECTRICAL CODE
Sections:
I. General Regulations
18.12.010 Adoption.
18.12.020 Application — Scope.
18.12.030 Building official designated.
18.12.080 Permits— Required.
18.12.090 Permits — Exceptions.
18.12.100 Permits — Expiration.
18.12.120 Permit— Scope.
18.12.130 Permit — Application.
1 8.1 2.21 5 Temporary meter sets.
1 8.1 2.220 Cost of permit.
18.12.225 Violations and penalties.
1 8.1 2.227 Certificate of noncompliance.
I. General Regulations
18.12.010 Adoption.
The California Electrical Code 2010 Edition, copyrighted by the National Fire
Association, is adopted by reference as the electrical code for the city of Carlsbad.
///
Protection
3?
1 18.12.020 Application—Scope.
2 The provisions of this code shall apply to the installation, repair, operation and maintenance of
all electric wiring and electrical apparatus of any nature whatsoever whether inside or outside of
3 any building within the city except as provided otherwise in this code.
4 18.12.030 Building official designated.
5 The building official or authorized representative of the city is designated as the person who
shall enforce all of the provisions of the California Electrical Code.
6
18.12.080 Permits - Required.
7
1. No electric wiring, devices, appliances or equipment shall be installed within or on any
8 building, structure or premises nor shall any alteration without first securing a permit therefor
from the building official except as stated in Section 18.12.090.
9
2. Permits shall be obtained before or at the time work is started, except in cases where
10 emergency or urgent necessity can be shown to exist provided a permit is obtained within
24 hours, exclusive of Saturdays, Sundays, and holidays.
11
3. A separate permit shall be required for each building or structure which stands alone.
12
4. Permits for privately-owned conduits or other materials in public places and in and across
13 streets and alleys may be issued only after approval has been granted for the installation by
the city engineer. All work shall be done in accordance with law and special regulations
14 applicable thereto.
15 5. Permits shall only be issued to contractors licensed by the state of California to engage in
the business or act in the capacity of a contractor, relating to electrical inspection
16 installation, and to persons holding a valid master electrician certificate of competency for
work performed only on the property of his employer, or the owner
17
18.12.090 Permits - Exceptions.
18
1. No permit shall be required for minor repair work such as repairing flush or snap switches,
19 replacing fuses, repairing lamp sockets and receptacles when such work is done in
accordance with the provisions of this code.
20
2. No permit shall be required for the replacement of lamps or the connection of portable
21 appliances to suitable receptacles which have been permanently installed.
22 3. No permit shall be required for the installation, alteration or repair of wiring, devices,
appliances or equipment for the operation of signals or the transmission of intelligence (not
23 including the control of lighting or appliance circuits) where such wiring, devices, appliances
or equipment operate a voltage not exceeding twenty-five volts between conductors and do
24 not include generating or transforming equipment capable of supplying more than one
hundred watts of energy.
25
4. No permit shall be required for the installation, alteration or repair of electric wiring, devices,
26 appliances and equipment installed by or for a public service corporation in the operation of
signals or the transmission of intelligence.
27
28
-2-
1 5. No permit shall be required for the installation of temporary wiring for testing electrical
apparatus or equipment.
2
18.12.100 Permits - Expiration.
3
1. If the work authorized by a permit is not commenced within 180 days after issuance or if the
4 work authorized by a permit is suspended or abandoned at any time after the work is
commenced for a period of 180 days, the permit shall become void.
5
2. Permits shall expire one year after the date of issuance unless the permit is issued for a
6 longer period of time.
7 3. Permits for a period longer than one year must be requested at the time of application for
the original permit. Said permits will be issued for a period of time determined by the
8 building official to be reasonably necessary to complete the work for which a permit is
requested.
9
4. An expired permit may be renewed upon payment of a fee to cover the unfinished work
10 according to the fee schedule.
11 18.12.120 Permit - Scope.
12 The permit when issued shall be for such installation as is described in the application and no
deviation shall be made from the installation so described without the written approval of the
13 building official.
14 18.12.130 Permit-Application.
15 Application for permit, describing the work to be done, shall be made in writing to the building
official. The application shall be accompanied by such plans, specifications and schedules as
16 may be necessary to determine whether the installation as described will be in conformity with
the requirements of this code. If it shall be found that the installation as described will in general
17 conform with the requirements of this code, and if the applicant has complied with all of the
provisions of this code, a permit for such installation shall be issued; provided however that the
18 issuance of the permit shall not be taken as permission to violate any of the requirements of this
code. Application for permits for electrical installations where the service capacity exceeds 200
19 amperes shall be accompanied by two sets of electrical line drawings and load distribution
calculations showing service panel and branch panel capacities and locations service switch
20 and branch switch capacities, conduit and feeder sizes.
21 18.12.215 Temporary meter sets.
22 A temporary meter may be set on the permanent electrical service base for testing equipment,
for lighting of interiors where outside sources do not light, or for health and safety and protection
23 of persons. Failure to provide and comply with all provisions of this chapter shall constitute
grounds for the removal of any or all meters on the project.
24
18.12.220 Cost of permit.
25
The fees for each electrical permit shall be as set forth in the City's master fee schedule or by a
26 resolution of the City Council.
27 ///
28
-3-
1 Any person who commences any work for which a permit is required by this code without first
having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay
2 double the permit fee fixed by this section for such work; provided, however, that this provision
shall not apply to emergency work when it has been proven to the satisfaction of the
3 administrative authority that such work was urgently necessary and that it was not practical to
obtain a permit therefore before the commencement of the work. In all such cases, a permit
4 must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in
obtaining such permit, a double fee as provided in this section shall be charged.
5
18.12.225 Violations and penalties.
6
1. Any person or corporation who violates any of the provisions of this chapter is guilty of an
7 infraction except for the fourth or each additional violation of a provision within one year
which shall be a misdemeanor. Penalties of a violation of this chapter shall be designated in
8 Section 1.08.010 of this code.
9 2. The issuance or granting of a permit or approval of plans shall not prevent the building
official from thereafter requiring the correction of errors in these plans and specifications, or
10 from preventing construction operations from being carried on there under when in violation
of this code or of any other ordinance, or from revoking any certificate of approval when
11 issued in error.
12 18.12.227 Certificate of noncompliance.
13 1. If the building official determines there is a violation of this chapter, it may result in the
building official filing, in the office of the county recorder, a certificate of noncompliance.
14 Such certificate shall describe the property, certify noncompliance, and state that the owner
or person in control of the property has been so notified. If a certificate of noncompliance is
15 filed, and where the permit, inspection, and/or approval required is obtained, the building
official shall file a certificate of compliance with the county recorder certifying compliance.
16 Until a certificate of compliance has been filed, all applications for grading permits, use
permits, major and minor subdivisions, rezones, specific plans, specific plan amendments,
general plan amendments, discretionary approvals and building permits may be denied.
18 2. When the building official or the authorized representative thereof determines that
compliance to this chapter is not had, they shall provide written notice, by certified mail
return receipt requested, to the owner or person in control of the property. Such notice shall
contain: (1) a description of the property; (2) the condition or condition that has caused the
noncompliance; (3) a reasonable time limit to bring the property into compliance; (4) the
potential to record a certificate of noncompliance; and (5) the right to appeal.
3. Within ten days from the date of giving of notice, the owner or person in control of the
22 property may file an appeal of the finding of noncompliance to the city council. Such appeal
shall be in writing and shall identify the property subject to the certificate of noncompliance.
The city council must hear the appeal within 60 days from the filing of the appeal or at such
later date as may be agreed to by the appellant. Notice of the hearing date shall be given in
writing. The hearing date shall be no sooner than five days from the date when notice of the
hearing is given to the appellant and to the building official. The decision of the city council is
25 final.
26
27 ///
28
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
22nd day of March 2011, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5th day of April 2011 by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MA LL, Mayor
.WdOt), City Clerk
***„*>*
-5-
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-129
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance No. CS-129 is to be considered
at the City Council Meeting to be held on the 5th day of, 2011.
2.) That a certified copy of the full text of Ordinance No. CS-129
was posted in the City Clerk's Office on the 1st day of April
2011.
3.) That a summary of the Ordinance was published in the North
County Times, on the 2nd day of April 2011.
Y FREI GER, Senior Deputy Clerk
Certification of Posting and Publication of Ordinance
Page 2
4.) That Ordinance No. CS- 129 was adopted on the 5th day of
April 2011.
5.) That a certified copy of the full text of Ordinance No. CS- 129,
showing the names of those who voted in favor and against the
Ordinance was posted in the City Clerk's Office on the 12th day
of April 2011.
6.) That a summary of the Ordinance, showing the names of those
who voted in favor of and against the Ordinance was published
in the Coast News, on the 15111 day of April 2011.
Dated: --1a-/
(Seal)