HomeMy WebLinkAbout1974-02-05; City Council; 2294; National Electrical Code Urgency Ordinance—
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~ T H E C I T Y O F C A R L S B A D, C A L X F' O R N I A
Agenda Bill No. L Date; February $., 1974
To -Referred T
_ CITY COUNCIL
Subject: URGENCY ORDINANCE: Submitted By: & C�j,
(DELETE SECTION 21'0-7 OF THE NATIONAL ELECTRIC CODE.) P,I
"All'15 & 20 Amp receptacle outlets on single phase circuits
for construction sites shall have approved G.F.I. circuit _
protection for personnel."
.Statement of the hatter
The facts constituting such necessity for Urgency Ordinance
are as follows:
The Occupational Safety and Health Administration which
!sponsored the inclusion of that requirement in the 1971 N.E.C.
has decided to hold the effective date of the G.F.I. requirement
in abeyance pending further study:
The O.S.H.A. found that the Construction•Industry cannot comply
.with this requirement at this,time because the required equipment
is not being manufactured in sufficient quantities. If this
Ordinance is not adopted as an, Urgency measure, enforcement
of the Ground Fault Interupter requirement could result in
stopping work for an indefinite period of time on appro>.Lmately
go % of constuction projects now underway in the City of
Carlsbad.
Exhibit
"A" Ordinance No. �-
Staff R.commendations to City Manager.
SEE CITY MANAGER•RECOMMENDATIONS
9
M
AB No.
• Date: ._E€bruary 5 , 1974
C tU Manager's A
ecommendation
This amendment is being adopted by all the cities in the County:
It is recommended that the Council make a determination that an
urgency exists and adopt the ordinance. Adoption as an -urgency
measure will require a 4/5ths vote.
Council 'Action
2-5-74' Ordinance No. 8064 was adopted as an urgency ordinance.
-2-
F�
M E M O R A N D U M
TO: CITY MANAGER - MR. PAUL BUSSEY
FROM: DIRECTOR OF BUILDING AND HOUSING - RICHARD S. OSBURN
DATE: JANUARY 7, 1974
SUBJECT: URGENCY ORDINANCE (DELETE SECTION 210-7 N.E.C.)
It is respectfully requested that an Urgency Ordinance
be adopted to delete last paragraph of Section 210-7
N.E.C. which reads: "All 15 & 20 amp receptacle
outlets on single phase circuits for construction sites
shall have approved ground fault circuit protection
for personnel." This requirement shall become effective
Jan. 1, 1974.
The facts constituting such necessity for Urgency
Ordinance are as follows:
The Occupational Safety and Health Administration which
sponsored the inclusion of that requirement in the
1971 National Electric Code has decided to hold the
effective date of the G.F.I. requirement in abeyance
pending further study.
The O.S.H.A. found that the Construction Industry cannot
comply with this requirement at this time because the
required equipment is not being manufactured in sufficient
quantities. If this Ordinance is not adopted as an
Urgency measure, enforcement of the G.F.T. requirement
could result in stopping work for an indefinite period
of time on approximately % of constuction projects
^ � now underway in the City of Carlsbad.
f
tached is the revision of Tit]e 29, adopted 12-4-73,rtaining to postponing requirement of Section 210-7 N.E.C. and non -enforcement by O.S.H.A. until futurete.
In the event O.S.H.A. establishes a new effective date
for this regulation, or a modified regulation, it is the
intent of this Division to recommend to Council to
revise code at that time to be uniform with O.S.H.A.
requirements.
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ORDCNANCE NO. 8064
ArJ EMERGENCY ORDTNANCI' AS AN URGENCY MEASURE
OF' TiIF CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORIIA AMENDING CHAPTER 18.12 QF THE
CA'RLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 19.12.236 AMENDING THE NATIONAL
ELECTRICAL CODE IN REGARD TO GROUND --FAULT
CIRCUIT PROTECTION
1qHEREAS, the City Council of the City of Carlsbad, Cali-
fornia has adopted for use in the City of Carlsbad the National
Electrical Code of 1971; and
WHEREAS, said Code contains certain requirements in
regard to ground -fault circuit protection for personnel; and
WHEREAS, the Occupational. Safety and Health Administra-
tion who sponsored the inclusion of that requirement in the
National Electxical Code has decided to hold the effective date
of said requirei,,ent in abeyance pending further study; and
?WHEREAS, the Occupational Safety and Fealth Administration
has found that the construction industry cannot comply with the
requirement because the necessary equipment is not being manu-
factured; and
WHEREAS, if the Municipal Code is not amended to delete
said requirement on the urgency basis the result will be a serious
disruption in all on -going construction projects within the City
of Carlsbad,
NOW, THEREFORE, the City Council of the City of Carlsbad,
ICalifornia does ordain as Follows:
SECTION 1: Chapte.r. 18.12 of the Municipal Code is amended
by the addition of Section 18.12.236 to read as follows:
"13.12.236, Article 210-7 amended ground -fault circuit
protection for personnelL.
Article 210-7 of the National Electricl Code is amended
by the deletion of the last paragraph regarding ground-
fault: circuit protection for personnel."
EFFECTIVE DATE: This Ordinance shall be effective immedi-
ately upon passage. The City Clerk of the City of Carlsbad shall
Al-
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certify to the adoption o' th-Ls OrdAnance, and cause it to be nub-
lished once in the Carlsbad rournal wi.thin fifteen (15) days after
its adoption.
IN`PRODUCRD, PASSED AND ADOPTED at a regular meeting, of the
City Council of the City of Carlsbad, California, held on the
5th_ day of February 1974, by the -collowinq vote, to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOBS: (gone.
ABSENT: None.
ATTE ivy:
a LO
3ARG R'T j EE..�P_DAMIS I ity Clerk
(SFr.I,I
61'I-..M NI. I U1'-ID 'f7 �_
Affidavit of Publication
STATE OF CALIFORNIA ss.
County of San Diego
.................................. _.... says that she is the Principal Clerk
of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the
City of Carlsbad, County of San Diego, and State of California, and that the notice of which the
annexed is a true copy, was published ....._..!_.__..,times in said newspaper, commencing on the....»21...
day of ..... _......... rY.........». .................. A.D. 19 74—, namely on the following dates:
!ORDINANCE NO: *Ik
' AN EMERGENCY ONDINANCE!
AA AN JORGENCY MEASURE,' F
THE CITY COUNCIL OF THE'
CITY OF CARLSBAD,.
CALIAFSRNIA AMENDING.
CHAPTER- 18.12 OF THE,
CCARLSBAD MUNICIPAL CODE'
K THE %R4DJ,TIOM.QFSECTtON
18,12,23&,,;OMEND'IfNtq -,THE'
NATIONALIELECTRIf AL CODE r71.
tNREGARDfOGROUNQ-FAULT February 21.y 1974
IC,IRCUIT RROTECT16N'
"WHEREASf the City Council of
tfie It af,Carlsbad California has
adopted for ,use to ,the Clty.,of ' ».......... »..... .... _...... »
Carlsllatl ihe.= National Electrical,
Cor�i,�n� of 19T1�' and' ��
,,�NH�REAS. said Code contains' ...................................... ........... _.......... _.... _........... .... _..... ... ......r.....
cetfaj�o r i;a - nts=ln regard jo;
groaulZ,ctrcuit protectior( ior.'
rip`e Bonne arl� ;r'"'�• "
Oceupa 1,o at,
S8f a ea lth Adminlstrefiat�
onso► a tncJditor of itigf......................................................... ..........»...�..
lrea Gode has ecitled; o hold the
Legal De
ulrghieht'
or study;
to theiaido- (on oh6hls Or.-
and cause It to be pugllshad
he,'Carls6ad Journal Wfthln
IS) daVsjfter (fs•idoption.
1DUCE"O, PASSft AND
2D of s reguler.mee►tng of
Eouhcll of the Clty of i
Cellfornla, held on the
0 rfeb'ruary 19 r' by the
vo1e�>to Wit;
mfi00Dunne, ,McComas,
rase- nd Frbzee
ore
'APone"
y
+:4 ct2UNNE Mayor.
Signed at Carlsbad, California this ..... »_~I ..... »..
day of ......... »February , 19 .7k
I hereby declare under penalty of perjury
that the foregoing is true and correct.
.............!/�� ....� . ............................_.
P ' ipal Clerk
k. Adams,..Cify Clerk
i; N