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Home My WebLink AboutO-1996-2079-L E REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: 03/24/08 ;?JS#I D. Wilmore Budsret Agenda Date Requested: Source of Funds: Department: PllIIDDiD': Dq)artment Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: Exhibits: Bldg. Codes Appeal Bel. Recommendation Memo Exhibits: State Notification E-mail Amount Requested: Budgeted Item: YES NO Exhibits: Review Comments wlDlustrated Code Chan2eS Exhibits: Ordinance #96-2079-L SUMMARY & RECOMMENDATION In November 2007 the Building Codes Appeals Board (BCAB) directed staff to obtain copies of the 2008 National Electrical Code (NEC) and provide review comments to the Board. That review was completed in January 2008 and code comments were provided to the Board at their February 26, 2008 meeting. Following their review of the information and code, the Board unanimously voted to recommend adoption of the 2008 Edition of the National Electrical Code. Their recommendation is to adopt the code while leaving existing local electrical amendments in place. No new local amendments are proposed. The Board's memo and Ordinance #96-2079-L identify a minimum fourteen (14) day effective date, without a typical delayed implementation period since no new local amendments were made and the State just mandated the new NEC code edition as the code for the State. Memo CC: Honorable Mayor and City Council Mr. Tom CampbelL Chairman of the Building Codes Appeals Board ~. All Building ~o~APPeals Board Members Debbie S. W~ore, Chief Building Official 3/6/2008 Adoption of the 2008 Ed. of National Electrical Code To: From: Date: Re: In February, 2008 the Texas Department of Licensing and Regulation (TDLR) filed and published the rule that mandated State adoption of the 2008 version of the National Electrical Code (NEC) effective March 1, 2008. At our November 15, 2007 Building Codes Appeals Board meeting staff was directed to obtain the 2008 NEC, review the book and then provide the Board with written comments at the February 2008 board meeting. At the February 26, 2008 meeting, the Board voted to forward their recommendation to Council. That recommendation is as follows: Staff should prepare an ordinance to adopt the 2008 Edition while leaving the "existing" local electrical amendments in place without changes. Local amendments were reviewed in 2005 (complete review) and again in 2007 (back stab prohibition); therefore, the Board does not recommend changes at this time. With the State mandated effective date and no changes to local amendments, the Board recommends adoption without a delayed implementation period. Thank you for your consideration. if:: L1CENSE.STA TE.TX.US] At their meeting held January 30, 2008, the Texas Commission of Licensing and Regulation adopted amendments to the administrative rules for the electricians program. The amended adopted rules are 16 Texas Administrative Code, Chapter 73, ~73.10 and ~73.100. The amendment to ~73.1 0 adds a definition of the term "offer to perform" found in Texas Occupations Code ~1305.1511 to clarify and memorialize the agency's long-standing interpretation that advertising as an electrical contractor or electrical sign contractor or advertising that one performs electrical work or electrical sign work is an "offer to perform" within the meaning of the statutory prOVision that requires persons or entities who perform or offer to perform electrical work to be licensed. The amendment to ~73.100 adopts the most recent version of the National Electrical Code as the code for the state. This rule is necessary to comply with the provisions of Texas Occupations Code. ~1305.101(a)(2) which requires the Commission to adopt the revised code after it is amended and published every three years. The rule adoption was filed with the Texas Register on February 7, fr 2008, and will be published in the February 22, 2008, issue of the Texas Register. The effective date of the rules adoption is March 1. 2008. TDLR encourages all persons interested in the electricians program to review the rule adoption. The justification and adopted rules may be viewed at http://www.license.state.tx.us/electricians/elec.htm#amendrules 3/6/2008 CHAPTER 82, ARTICLE IV ELECTRICAL CODE - Review Comments, January 2008 Code Deletions: NONE - No changes proposed to existing local amendments or the 2008 Ed. of the National Electrical Code (NEC) Code Amendments: Section 82-336 is amended to read as follows: 82-336 National Electrical Code - Adoption. The National Electrical Code, 2008 edition, is hereby adopted as the regulations to govern and to be observed and followed in all electric wiring and in all electrical constroction, installation, repair, alteration, operation and maintenance of electric wiring, apparatus and fixtures, exceptfor the amendments adopted in Sections 82-337 through 82-350. Significant Changes noted in the Dlustrated Code Changes (2008 Ed. Of the NEC) Sect. 210.8: Previous exceptions on GFCI protection (receptacle for appliances occupying a dedicated space and receptacles that were not readily accessible) were deleted. 2008 Ed. requires both to be GFCI-Protected Sect. 212. 12(B): Previous code required dwelling unit bedrooms (120-v) 15 & 20- amp branch circuits supplying outlets) to be arc-fault circuit- interrupter (AFCI) protection. 2008 Ed. requires AFCI for family, dining & living rooms, parlors, libraries, dens, bedrooms, sun rooms, recreation rooms, closets, hallways, or similar rooms or areas Sect. 406.11: New section requires tamper-resistant receptacles in dwelling unit locations specified in S. 210.52 (kitchen, family & living roo~ parlor) library) den, sunroo~ recreation roo~ bathrooms) outdoors, laundry) basements, garages, hallways & bedrooms). s:\city Planning Sbare\Boards & Commissions\Bldg Codes Appeal Bd\Correspondence & Forms\ElectricaI Review Comments 2008 NEe.doc -i;:' :~~ : l ;~ I ~~i , I :~ " ';~ -::-<i ~~ ' '!&~ ; ~..: ~t I' ~yi~ '{~ ' .'~~ ,~~ < ,{g ;~ fi :~ ~ '" -~ '~ ~ ~' ~i{ ~- ~ ~ ,€ ~ ~ Wiring and Protection Author's Comment: The two exceptions permitting receptacles that were not readily accessible and single or duplex receptacles for two appliances within a dedicated space for each appliance to not have GFCI protection for personnel in garages and unfinished basements were deleted. The substantiation in the proposal and the discussion during the Panel deliberation indicated that the present generation of GFCI devices do not have the problems of nuisance tripping that plagued earlier devices. REFRIGERATOR OR FREEZER RECEPTACLE FOR APPLIANCES OCCUPYING DEDICATED SPACE * · 210.8(A}(2) (2005 NEC) NOT REQUIRED TO BE GFCI-PROTECTED -> (2008 NEC) REQUIRED TO BE GFCI-PROTECTED :--?- UNFINISHED BASEMENT f RECEPTACLE IS NOT READILY ACCESSIBLE. · 210.8(A)(2) (2005 NEe) NOT REQUIRED TO BE GFCI-PROTECTED (2008 NEe) REQUIRED TO BE GFC(-PROTECTED ATTACHED OR DETACHED GARAGE WITH POWER WORK BENCH GFCI-PROTECTED RECEPTACLE · 210.52(G) · 210.8(A)(2) CORD-AND-PLUG CONNECTED · 210.8(A)(5) (2005 NEe) NOT REQUIRED TO BE GFCI-PROTECTED (2008 NEC) REQUIRED TO BE GFCI-PROTECTED DWELLING UNITS 210.8(A)(2); (A)(5) Purpose of Change: The exceptions permitting receptacles that were not readily accessible and single or duplex receptacles for two appliances within a dedic.ated space for each appliance to not have GFCI-protection for personnel in garages and unfinished basements were deleted. 2-11 Stallcup's Illustrated Code Changes - 2008 NEe Ch. 2 - Article 210 Part 1- 210.12(8) Et).12 3488 CMP: 2005NEC: 210.12(B) IEC:- 2005 NE;C - 210.12 Arc-Fault Circuit-Interrupter Protection. (B) Dwelling Unit Bedrooms. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets Installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit interrupter, combination type installed to provide protection of the branch circuit. ";;. I3ranch/feeder ArCls shall be permitted to be used to meet the requirements of 21 0.12(0) until January 1,2008. FPN-:- For information orf types of arc-fault circuit interrupters, see UL 1699-1999, Standard for Arc-Fault Circuit Interrupters. 2008 NEC - 210.12 Arc-Fault Circuit-Interrupter Protection. : ~ (B) Dwelling Unit.s..AII120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in i dwelling unit in family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sun rooms, recreation rooms, closets, hallways, or similar rooms or areas shall be protected by a listed arc-fault circuit interrupter, combination type installed to provide protection of the branch circuit. FPN No.1: For information on types of arc-fault circuit interrupters, see UL 1699-1999, Standard for Arc-Fault Circuit Interrupters. FPN No.2: See 11.6.3(5) of NFPA 72@-2007, National Fire Alarm Code@, for information related to secondary power supply requirements for smoke alarms installed in dwellfng units. FPN No.3: See 760.41 (8) and 760.121 (8) for power-supply requirements for fire alarm systems. Exception NO.1: Where RMC, IMC, EMT or steel armored cable, Type AC, meeting the requirements of 250.118 using metal outlet and junction boxes is installed for the portion of the branch circuit between the branch-circuit overcurrent device and the first outlet, it shall be permitted to install a combination AFCI at the first outlet to provide protection for the remaining portion of the branch circuit. ' Exception No.2: Where a branch circuit to a fire alarm system installed in accordance with 760.41 (8) and 760.121(8) is installed in in RMC, IMC, EMT, or steel armored cable, Type AC, meeting the requirements of 250.118, with metal outlet and junction boxes, AFCI protection shall be permitted to be omitted. Author's Comment: A new Exception No. 1 has been added to permit a combination AFCI to be installed at the first outlet to provide protection for the remaining portion of the branch circuit where RMC, IMC, EMT or steel armored cable, Type AC, meeting the requirements of 250.118 using metal outlet and junction boxes is installed for the portion of the branch circuit between the branch-circuit overcurrent device and the first outlet. A n'ew Exception NO.2 hqs been added permitting rigid metal conduit, intermediate metal conduit, or electrical metallic tubing to protect the branch circuit supplying a fire alarm system branch ciruit in lieu of an AFCI device. . -= DINING ROOM . - ~ Equipment for General Use ~ ~ ~.'..' w . GFC( ..1001 ., . SINK ,DW ~ ~ ,} -I'fi!iA. ~ ~.: ~ KITCHEN . . BREAKFAST ROOM =8=. ~~rCE' A ~ Purpose of Change: A new section has been added to require tamper-resistant receptacles in dwelling units for locations specified in 210.52. RECEPTACLES . TAMPER-RESISTANT TAMPER-RESISTANT RECEPTACLES IN DWELLING UNITS 406.11 4-17 ORDINANCE NO. 96-2079-L AN ORDINANCE ADOPTING THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 82 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IV "ELECTRICAL CODE", DIVISION 5 "STANDARDS", SECTION 82-336 "NATIONAL ELECTRICAL CODE - ADOPTION"; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 82, "Buildings and Building Regulations," Article IV, "Electrical Code" Division 5 "Standards", Section 82-336 "National Electrical Code - Adoption", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 82-336. National Electrical Code - Adoption. (a) The National Electrical Code, 2008 Edition, is hereby adopted as the regulations to govern and to be observed and followed in all electric wiring and in all electrical construction, installation, repair, alteration, operation and maintenance of electric wiring, apparatus and fixtures, except for the amendments adopted in Sections 82-337 through 82-350, of this Chapter. (b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail. (c) Any person who shall violate any provision of the standards adopted or established in this article shall be deemed to have committed a Class C misdemeanor and upon conviction shall be punished by a fine in an amount as provided in Appendix B of this Code. (d) All applicable fees shall be in accordance with Appendix A of this Code." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Ordinance # 96-2079-L Page 2 Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed to have committed a Class C misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED this th~ LJ{Y- day orfflatcJ-I ,2008. CITY OF LA P~TE \\) By: ~~~ ~~ Mayor ATTEST: 0f/cw-1~ City Secretary APPROVED: ~r~ City Attorney 2 Due to the volume of the National Electrical Code, a copy is available for your review in the City Secretary's Office