TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: JuLY 5, 2005
SUBJECT: ADOPTION OF NEW CALIFORNIA ELECTRICAL CODE
Staff Coordinator: Roy Bronold, Building Official
Re-introduce Ordinance No. 422 "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2004 CALIFORNIA ELECTRICAL CODE, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE."
The state has adopted a new model electrical code. In order to avoid confusion for contractors and bring the City’s electrical code up to the same level as the latest State Code, staff is recommending that the City Council adopt by reference, the "2004 California Electrical Code" as written, which includes the administration and fee sections.
This draft ordinance was introduced at the last City Council meeting. However, due to the unique noticing requirements for Building Code amendments, the ordinance needs to be introduced again and additional public notice provided before it can be adopted.
The California Health and Safety Code requires that local jurisdictions adopt the most recent editions of certain model Uniform Model Codes that provide equivalent safety standards. Historically, the State of California adopts a set of model Uniform Codes every three years. However, this year the State has elected to move forward with adoption of a new electrical code out of sequence, rather than waiting to adopt the electrical code with the rest of the model building, mechanical and plumbing codes which will not be ready for adoption until late 2007. This is due to the recent decision by the State Building Code Standards Committee to rescind the scheduled adoption of the NFPA 5000 model building codes and adopt the International Code Council’s (ICC)
model building codes (IBC & IRC).
The date mandated by the state for cities to adopt the California Electrical Code with local amendments, is August 1, 2005. Staff is recommending that the model state code be adopted without local amendment.
In keeping with the required process for adoption of uniform codes by reference, Staff recommends introduction of this ordinance at this meeting and setting the ordinance for public hearing on August 2, 2005.
There are several compelling reasons for adopting the updated state codes. Uniformity of codes minimizes construction industry confusions and expedites the enforcement process. Evaluation reports by which building officials judge the suitability of alternative materials and methods are based upon the latest codes and standards. All available training and certification programs are based upon the latest codes as well. Construction under more recent codes also results in safer building and structures.
The following code is being considered for adoption by reference:
This code contains requirements for the installation and maintenance of electrical systems and equipment. This code is written by the National Fire Protection Association (NFPA).
Some of the changes in the electrical code include:
ARTICLE 80, Administration And Enforcement
ARTICLE 285, Transient Voltage Surge Suppressors: TVSSs
ARTICLE 404, Switches (Previous ARTICLE 380)
ARTICLE 406, Receptacles, Cord Connectors And Attachment Plugs
ARTICLE 408, Switchboards And Panelboards
ARTICLE 527, Temporary Installations
ARTICLE 647, Sensitive Electronic Equipment
ARTICLE 692, Fuel Cell Systems
Cities can amend the model codes by ordinance to fit their own unique situations and/or address local concerns if the need can be justified by local climatic, geologic, topographic, or other similar conditions. Staff proposes no amendments to the state model code. The draft ordinance maintains the City’s existing processes and penalties, which are set forth in the City’s Administrative Code (Chapter 15.18 of the Municipal Code).
Staff is recommending that the City Council adopt the California 2004 Electrical Code, as written, but maintain the penalties and processes set forth in the City’s Administrative Code.
No fiscal impact has been identified
Director of Planning, Building
and Code Enforcement
Ordinance No. 2005-____
ORDINANCE NO. 422
AN ORDINACE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2004 CALIFORNIA ELECTRICAL CODE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.08 (Electrical Code) of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:
15.08.010 Electrical Code Adopted. Except as hereinafter provided, the California Electrical Code, 2004 Edition (Part 3 of Title 24 of the California Code of Regulations), which incorporates and amends the National Electrical Code, 2002 Edition, published by the National Fire Protection Association, is hereby adopted by reference as the Electrical Code of the City of Rancho Palos Verdes. A copy of the Electrical Code of the City shall be maintained in the office of the City Clerk, and shall be made available for public inspection while the Code is in force.
15.08.020 Electrical Code Amended, Administrative Provisions Deleted.
The administrative provisions of the California Electrical Code, 2004 Edition, contained in Article 089, except Sections 089-1 and 089-2, are hereby deleted. The administrative provisions governing the Electrical Code of the City shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title."
SECTION 2. All inconsistencies between the Electrical Code as adopted by this Ordinance, and the 2004 Edition of the California Electrical Code, as set forth in Parts 3, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7.
SECTION 3. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Rancho Palos Verdes hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
PASSED, APPROVED AND ADOPTED THIS ____DAY OF_____, 2005.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, CAROLYNN PETRU, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; the foregoing Ordinance No. ___ was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on _____, 2005, and that the same was passed and adopted by the following roll call vote: