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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)