Proposed amendment to the 2020 National Electrical CodeCity of Dubuque
City Council Meeting
Action Items # 03.
Copyrighted
May 15, 2023
ITEM TITLE: Proposed amendment to the 2020 National Electrical Code
SUMMARY: City Manager recommending City Council approval of amendments to
the City of Dubuque Code of Ordinances, Title 14 Building and
Development, Chapter 1 Building Codes. The National Electrical Code,
or NEC, is a model code which covers electrical installations for both
residential and commercial construction.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
MVM Memo
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article D
Electrical Code
Suggested Disposition: Receive and File; Motion B; Motion A
Staff Memo - 2020 NEC revised Amendments
14-1 D Electrical Code
Type
City Manager Memo
Staff Memo
Ordinance
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed amendment to the 2020 National Electrical Code.
DATE: May 11, 2023
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Assistant Housing Director Michael Belmont is recommending City Council approval of
amendments to the City of Dubuque Code of Ordinances, Title 14 Building and
Development, Chapter 1 Building Codes. The National Electrical Code, or NEC, is a
model code which covers electrical installations for both residential and commercial
construction.
The proposed revision to section 334.10 would allow NM cable (romex) to be installed in
multi -family residential construction above the 2nd floor, in certain types of construction.
This aligns with the unamended National Electrical Code.
After staff review of the codes was completed, the proposed amendments were brought
to the Building Code Advisory and Appeal board for review and input. The Building
Code Advisory and Appeal Board is a seven -member board tasked with reviewing
proposed code adoptions for recommendation to the City Council
On May 11t", 2023, the Building Code Advisory and Appeal board (BCAAB) held a
special meeting virtually and voted to recommend approval of the proposed changes
with no additional comments.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jason Lehman, Assistant City Attorney
Wally Wernimont, Planning Services Manager
Gus Psihoyos, City Engineer
Amy Scheller, Fire Chief
Alexis Steger, Housing and Community Development Director
Michael Belmont, Assistant Housing Director
Dubuque
THE CITY OF
alerica Al-Acity
DuB FE ; i ,
I11.
2007.2012.2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Michael Belmont, Building Official
SUBJECT: Proposed amendment to the 2020 National Electrical Code.
DATE: May 11 th 2023
Introduction
This memorandum forwards the enclosed revised amendments to the City of Dubuque
Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes for
City Council's consideration.
Background
The National Electrical Code, or NEC, is a model code which covers electrical
installations for both residential and commercial construction. This code reflects modern
construction best practices and serves as an essential tool to preserve public health and
safety, provide safeguards from hazards associated with the electrical installations.
The current 2020 NEC, with local amendments was adopted on December 20, 2021.
One of the amendments that has been carried over from year to year since 2009 is a
change to the allowed locations where NM, commonly known as "romex", cable could
be installed. The current amendment prohibits NM cable in multi -family residential
construction above the 2nd floor.
Discussion
The proposed revision to section 334.10 would allow NM cable to be installed in multi-
family residential construction above the 2nd floor, in certain types of construction. This
aligns with the unamended National Electrical Code.
The proposed amendment to section 334.12 would also retain the current prohibition of
the use of NM cable in hotels, motels, commercial, mercantile, industrial, institutional,
and public buildings.
Public Input. After staff review of the codes was completed, the proposed
amendments were brought to the Building Code Advisory and Appeal board for review
and input. The Building Code Advisory and Appeal Board is a seven -member board
tasked with reviewing proposed code adoptions for recommendation to the City Council
and to serve as an appeal body for decisions of the code official. Each member is
qualified by experience and/or training in matters related to building construction.
On March 15, 2023, the agenda was posted for the Building Code Advisory and Appeal
Board meeting. On March 21 st, a reminder email was sent to our contractor email list
to remind them of the meeting and inviting attendance and input.
The Building Code Advisory and Appeal board held a public meeting on March 22nd
2023. There were no contractors present for the meeting, and no public input was
submitted. At the meeting the Building Code Advisory and Appeal Board
recommended approval of the proposed NEC amendments, except for the revisions to
section 334.10, that would allow NM cable in multi -family construction. After
discussion, the concerns expressed were not with use of NM cable specifically, but
rather a concern with the potential for unlicensed contractors performing work. The
Inspection & Construction Services department shares that concern and is
implementing a program to verify contractor licenses. With the licensing concern
addressed, the BCAAB was scheduled to meet on May 4th, in advance of this council
meeting to vote on the proposed revisions to 334.10 and 334.12 but was unable to
gather a quorum to hold the meeting.
On May 11th, 2023, the BCAAB held a special meeting virtually and voted to
recommend approval of the proposed changes with no additional comments.
In addition to the BCAAB review and recommendation, a contractor reception was held
at the grand river center on April 13th, where contractors were provided with the
proposed amendments and invited to provide input. No proposed changes were
submitted.
Requested Action
The Inspection & Construction Services, along with the Building Code Advisory and
Appeals Board has reviewed the proposed changes to the existing amendment for the
2020 National Electrical Code and recommends approval as submitted. I respectfully
request City Council review and adopt the proposed revision to the City of Dubuque
Code of Ordinances, Title 14, Building and Development, Chapter 1 Building Codes,
Article D Electrical Code.
cc Crenna Brumwell, City Attorney
Jason Lehman, Assistant City Attorney
Wally Wernimont, Planning Services Manager
Gus Psihoyos, City Engineer
Amy Scheller, Fire Chief
Alexis Steger, Housing and Community Development Director
F:\Users\ICS\Shared\Codes and Ordinances\2021 I -Codes\ City Manager 2021 NEC amendment Update Memo 05_11_23.docx
Prepared by: Jason Lehman, Esq. 300 Main street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 20-23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 D-2 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-1 D-2: NATIONAL ELECTRICAL CODE AMENDMENTS:
The National Electrical Code adopted by section 14-1 D-1 of this article is hereby
amended as follows:
210.8. Ground -Fault Circuit -Interrupter Protection For Personnel. Ground -fault circuit -
interrupter protection for personnel shall be provided as required in 210.8(A) through (E).
The ground -fault circuit -interrupter shall be installed in a readily accessible location.
220.12(B) Energy Code. This section is hereby repealed and the following inserted in
lieu thereof:
220.12(B) Energy Code. Where the building is designed and constructed to
comply with an energy code adopted by the local authority, the lighting load shall
be permitted to be calculated at the values specified in the energy code.
Article 334.12 Uses Not Permitted. Adopted as is, except add item 11:
(11) In hotels, motels, commercial, mercantile, industrial, institutional, and public
buildings
Article 408.4 Field Identification Required. Insert the following section:
Article 408.4(C). Additional Labeling Of Electrical Service Panels And
Switchboards. A permanent legible label shall be installed at or on the main
electrical service panel and shall include the following:
(1) The name of the contracting company performing the work
(2) Contact information for the contracting company performing the work
(3) Location(s) of all accessible bolted grounding connections to any
metal water service piping.
(4) Approximate location(s) of all buried ground -rod connections, if any
installed.
(5) Approximate location of all bolted grounding connections to
reinforcing steel in foundation if installed.
(6) Location(s) of all accessible bolted bonding connections to building
steel and all other metal piping systems including gas piping, sprinklers, etc.
(7) Location of the intersystem bonding terminal bus bar. Irreversible
connections (compression, exothermic, etc.) are not required to be
accessible.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 15th day of May, 2023.
Brad M. Ca44agh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
EFFECT OF AMENDMENT
14-1 D-2: NATIONAL ELECTRICAL CODE AMENDMENTS:
The National Electrical Code adopted by section 14-1 D-1 of this article is hereby
amended as follows:
210.8. Ground -Fault Circuit -Interrupter Protection For Personnel. Ground -fault circuit -
interrupter protection for personnel shall be provided as required in 210.8(A) through (E).
The ground -fault circuit -interrupter shall be installed in a readily accessible location.
220.12(B) Energy Code. This section is hereby repealed and the following inserted in
lieu thereof:
220.12(B) Energy Code. Where the building is designed and constructed to
comply with an energy code adopted by the local authority, the lighting load shall
be permitted to be calculated at the values specified in the energy code.
Article 334.12 Uses Not Permitted. Adopted as is, except add item 11:
(11) In hotels, motels, commercial, mercantile, industrial, institutional, and public
buildings
Article 408.4 Field Identification Required. Insert the following section:
Article 408.4(C). Additional Labeling Of Electrical Service Panels And
Switchboards. A permanent legible label shall be installed at or on the main
electrical service panel and shall include the following-
(1) The name of the contracting company performing the work
(2) Contact information for the contracting company performing the work
(3) Location(s) of all accessible bolted grounding connections to any
metal water service piping.
(4) Approximate location(s) of all buried ground -rod connections, if any
installed.
(5) Approximate location of all bolted grounding connections to
reinforcing steel in foundation if installed.
(6) Location(s) of all accessible bolted bonding connections to building
steel and all other metal piping systems including gas piping, sprinklers, etc.
(7) Location of the intersystem bonding terminal bus bar. Irreversible
connections (compression, exothermic, etc.) are not required to be
accessible.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
19i2023
and for which the charge is 38.32
S scribed to before , a Notary PubliZ� in and for
Dubuque County, Iowa,
this 19th day of May, 2023
Notary P
44 3
in and for Dubuque County, Iowa.
PptAL a —JANET K. PAPE
o itt. 7 Commission Number 199659
My Commission Expires
'owA 12/11/2025
Ad text : CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 20-23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14
BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D
ELECTRICAL CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 14-1D-2 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
14-1D-2: NATIONAL ELECTRICAL CODE AMENDMENTS:
The National Electrical Code adopted by section 14-1D-1 of
this article is hereby amended as follows:
210.8. Ground -Fault Circuit -Interrupter Protection For
Personnel. Ground -fault circuit -interrupter protection for
personnel shall be provided as required in 210.8(A) through
(E). The ground -fault circuit -interrupter shall be installed
in a readily accessible location.
• • • •
220.12(B) Energy Code. This section is hereby repealed and
the following inserted in lieu thereof:
220.12(B) Energy Code. Where the building is designed and
constructed to comply with an energy code adopted by the local
authority, the lighting load shall be permitted to be
calculated at the values specified in the energy code.
Article 334.12 Uses Not Permitted. Adopted as is, except add
item 11:
(11)"In hotels, motels, commercial, mercantile, industrial,
institutional, and public buildings
Article 408.4 Field Identification Required. Insert the
following section:
Article 408.4(C), Additional Labeling Of Electrical Service
Panels And S:witchboards. A permanent legible label shall be
installed at or on the main electrical service panel and shall
include the following:
(1)AThe name of the contracting company performing the work
(2)"Contact information for the contracting company
performing the work
(3)"Location(s) of all accessible bolted grounding
connections to any metal water service piping.
(4)"Approximate location(s) of all buried ground -rod
connections, if any installed.
(5)"Approximate location of all bolted grounding connections
to reinforcing steel in foundation if installed.
(6)6Locaiion(s) 'of all accessible bolted bonding connections
to building steel and all other metal piping systems including
gas piping, sprinklers, etc.
(7)ALocation of the intersystem bonding terminal bus bar,
Irreversible connections (compression, exothermic, etc.) are
not required to be accessible,
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 15th day of May, 2023.
/s/Brac,1 M. Cavanagh, Mayor
Attest:: is/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 19th day of May, 2023.
is/Adrienne N. Breitfelder, CMC, City Clerk
lt 5/19