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Home My WebLink AboutO-2005-2079-F (original 1996) o -------------. REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: uf- Aoorooriation Agenda Date ReqUested:.. 6/27/05 ~ D Wilmore ~ Source of Funds: N/A Department: PlaDDiDM Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: Exhibits: Recommendation Memo from Board Amount Requested: Exhibits: Ordinance #96-2079-F Budgeted Item: YES NO SUMMARY & RECOMMENDATION In April 2005 staff was advised that the State had decided to mandate adoption of the 2005 Ed. of the National Electrical Code (NEC) for implementation effective July 1, 2005. The Building Codes Appeal Board began review of the new code edition; however, they were unable to meet in April and May. At their June 2, 2005 meeting, the differences between the 2002 and 2005 editions were discussed and they requested that staff forward their recommendation to Council for consideration at the June 27, 2005, meeting. Although the Board did not have an opportunity to review the local amendments, their recommendation (see attached memo) was to adopt the 2005 NEC while leaving the "existing" local electrical amendments in place. The Board plans to discuss and possibly take action in regards to the local amendments at their next scheduled meeting ofJuly 14,2005. In accordance with past practices, ordinances adopting new editions of construction codes have included a passage date with a later implementation date. Previous implementation delays have been from 60-90 days. The ordinance presented for Council's consideration this evening includes a sixty (60) delay. This will allow for mail notification to electrical contractors as well as required amendments to handouts for the public, staff paperwork and the city web site. Staff is requesting this item be placed on the consent agenda. Action Required bv Council: Consider accepting the Building Codes Appeals Board recommendation and pass the ordinance adopting the 2005 NEC with an implementation date of September I, 2005. r1~w Df Memo CC: Honorable Mayor and City Council Mr. T~ampbel~ Chairman of the Building Codes Appeals Board All Building Codes Appeals Board Members Debbie S. Wilmore, Chief Building Official 6/14/2005 Adoption of the 2005 Ed. of National Electrical Code To: From: Date: Re: The Texas Department of Licensing and Regulation (TDLR) has identified their plan to mandate State adoption of the 2005 version of the National Electrical Code (NEC) for implementation effective July 1,2005. At our June 2, 2005 meeting, Board members had an opportunity to discuss the differences between the 2002 and the 2005 editions of the code and are now recommending that City Council adopt the 2005 Edition while leaving the "existing" local electrical amendments in place without changes. Past practices have included typical implementation delays of 60-90 days so we have directed staff to prepare an ordinance that identifies sixty (60) day implementation period or an effective date of September 1, 2005. This would allow staff to update handouts for the public, staff paperwork as well as the city's website. In regards to the "existing" local electrical amendments, we have requested additional information from staff and plan to discuss and possibly take action on those amendments at our next schedule meeting of July 14, 2005. Our recommendation on those amendments will be forwarded to Council at a later date. Members of the Board plan to be at the June 27, 2005 meeting and will be available for questions. Thank you for your consideration. ORDINANCE NO. 96-2079-F AN ORDINANCE ADOPTING A NEW EDITION OF THE 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 SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; 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; 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: DIVISION 5. STANDARDS Sec. 82-336. National Electrical Code - Adoption. (a) The National Electrical Code, 2005 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. (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 upon conviction be punished as provided in Appendix B. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. Ordinance #96-2079-F Page 2 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. Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 4. This Ordinance shall be effective sixty (60) 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. 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 the 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 PASSED AND APPROVED this th:J.'1fI-day of ~ CITY OF LA PORTE , 2005. By ~~l=>~ Mayor ATTEST: ~1!1..\ City Secr ary Page 1 of 1 Wilmore, Debbie From: Wilmore, Debbie Sent: Thursday, July 07,200510:55 AM To: Harris, Sharon Cc: Gillett, Martha; Huber, Mark; Sabo, Wayne Subject: NEC Code Book Sharon, We have the CSO's Vault copy of the newly adopted 2005 Ed. Ofthe National Electrical Code (NEC) that was adopted by Ord. #96-2079-F. Sherry will deliver to your office this am. Thanks, Debbie 7/7/2005