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Code of Ordinances Amendment - Title 14 Adoption of the 2017 National Electric Code (First Reading) Copyrighted August 19, 2019 City of Dubuque Action Items # 7. ITEM TITLE: Code of Ordinances Amendment- Title 14 Adoption of the 2017 National Electric Code SUMMARY: City Manager recommending approval of an amendmentto the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes, Artide D Electric Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Artide D Electrical Code, Sections 14-1 D- 1 National Electrical Code Adopted and 14-1 D-2 National Electrical CodeAmendments SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Adoption of the 2017 National Electric Code-MVM City Manager Memo Memo Staff Memo Staff Memo Ordinance- 2017 National Electrical Code Ordinance Suggested Motion Wording Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Adoption of the 2017 National Electric Code DATE: August 13, 2019 Building Services Manager Dave Johnson recommends City Council approval of an amendment to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes, Article D Electric Code. Approval of the amendments will remove local barriers which prohibit qualified in-house electricians in private, public and non-profit sectors from applying for permits and performing electrical installations while also requiring the same standards expected of electrical contractors performing work in the City of Dubuque. The amendments will also make current the adopted National Electrical Code and provide needed clarification on local amendments and exemptions. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager David Johnson, Building Services Manager Dubuque THE CITY OF � All•America City UB E ��o�����,.�,�� � � ��► Maste iece on the Mississi i 2°°'*2°12�z°13 �`P pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: David Johnson, Building Services Manager �G SUBJECT: Adoption of the 2017 National Electric Code DATE: August 13, 2019 INTRODUCTION: This memorandum forwards the enclosed amendment to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes, Article D Electric Code for City Council's consideration. DISCUSSION: 1. Section 14-1 D-1: National Electrical Code Adopted will be amended to adopt the 2017 National Electrical Code (NEC). The City of Dubuque currently uses the 2014 NEC. Using current building codes is considered industry best practices and is also a consideration in a community's Building Code Effectiveness Grading Schedule (BCEGS) score. 2. Section 14-1 D-2 Article 82-2: Permit Process will also be amended to allow in- house electricians, not for hire by the general public, to apply for and hold an electrical permit. City of Dubuque Code currently requires all new electrical devices and systems be installed by a class "A" master electrical licensee and affiliated with an electrical contracting firm or business that is also licensed by and registered with the state of lowa. The State of lowa allows class A or B Master Electricians to install electrical devices and systems. This amendment relaxes current local standards to allow local businesses and organizations that employ Master electricians to obtain electrical permits without the need to hire an electrical contractor. In-house electricians will be required to carry a class `A' or `B' Master license and may only work on the premises for which the licensee is directly employed. Any other persons doing electrical work under the supervision of the permit holder need to be registered with the state of lowa as an apprentice, journeyman, or Master A or B electrician. The Class A license requires electricians meet the requirements of the lowa Department of Public Safety Board based on experience and their ability to pass a written licensing exam. A master electrician is the most qualified level of electrician and are the only electricians allowed to design and supervise electrical work. The Class B license does not require passing a written exam and does not 1 allow the licensee to design electrical work; however, it does require considerable experience and applied knowledge. The Class B Master License was established by the State of lowa in 1989 to help practicing electricians when the State transitioned to requiring Class A Master Electricians. The City of Dubuque cannot be less restrictive than State Code. 3. Section 14-1 D-2 Article 80-3: Definitions will be amended to include definitions for a public and private utility. This provides much needed clarification on what constitutes a public or private utility and their respective permit exemption already afforded under City Code. Definitions were borrowed from references already found in Title 13 of the City of Dubuque Code of Ordinance. Public utilities are all facilities and infrastructure for collecting, pumping, treating, managing, processing, delivering and disposal of water, stormwater, and sewage. 4. Other exemptions currently forwarded under City Code are being provided for informational purposes and are as follows: a. Electrical wiring, devices, appliances, apparatus, or equipment operation at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy. This would include several devices including, but not limited to doorbells, camera systems and security systems. b. Low energy power, control, and signal circuits of classes II and III as defined in this code. Class II circuits typically include wiring for low-energy (100VA or less), low- voltage (under 30V) loads such as low-voltage lighting, thermostats, PLCs, security/camera systems, and limited-energy voice, intercom, sound, and public address systems. Class III circuits are when the power demand for circuits over 30V exceeds 0.5VA but is not more than 100VA. We often use Class 3 signaling circuits for security/camera systems and public address systems; voice, intercom, and sound systems. c. The installation, alteration, or repair of electrical wiring, apparatus, or equipment for the generation, transmission, distribution, or metering of electrical energy, or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a seroing utility. Under current code, the only departments that qualify as serving a public utility is the Water Department, Water Resource and Recover Center and the Engineering Department. For those department, only electrical work being pertormed directly related to the collecting, pumping, treating, managing, processing, delivering and disposal of water, stormwater, and sewage is exempt from a permit. 2 d. Repair of existing electrical systems, devices, appliances or apparatus. The in-kind repair or replacement of wiring, devices, appliances, apparatus, or equipment does not require a permit. New systems, wiring, devices, appliances, apparatus, or equipment require electrical permits. REQUESTED ACTION: Approval of the amendments will remove local barriers which prohibit qualified in-house electricians in private, public and non-profit sectors from applying for permits and performing electrical installations while also requiring the same standards expected of electrical contractors performing work in the City of Dubuque. The amendments will also make current the adopted National Electrical Code and provide needed clarification on local amendments and exemptions. All city stakeholders with an interest in the proposed amendments have reviewed and support the changes. I respectfully request City Council review and approve the proposed amendments. Enclosure cc Crenna Brumwell, City Attorney Gus Psihoyos, City Engineer Jon Klostermann, Public Works Director Denise Blakeley Ihrig, Water Department Manager Marie Ware, Leisure Services Manager Willie O'Brien, Water & Resource Recovery Center Manager Renee Tyler, Director of Transportation Services Steve Brown, Project Manager Dave Ness, Civil Engineer II Corey Firzlaff, Electrical Inspector f:\users\bldg\shared\codes and ordinances\amendments\2017 nec amendment\2017 nec amendment 7_15_19.doc 3 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. - 19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE D ELECTRICAL CODE, SECTIONS 14-1D-1 NATIONAL ELECTRICAL CODE ADOPTED AND 14-1D-2 NATIONAL ELECTRICAL CODE AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 14-1 D-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1 D-1 : NATIONAL ELECTRICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the electrical code of the city that certain electrical code known as the national electrical code, 2017 edition, as prepared and edited by the National Fire Protection Agency, Quincy, Massachusetts, and the provisions of such electrical code shall be controlling in the supply of electricity and in the installation, maintenance and use of all electrical conductors and equipment and installation of optical fiber cable within the corporate limits of the city, and shall be known as the Dubuque electrical code. A copy of the national electrical code, 2017 edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1 D-2 of the City of Dubuque Code of Ordinances is 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: 80-3. Definitions, General. For the purpose of these provisions, certain terms, phrases, words, and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's third new international dictionary of the English language, unabridged, copyright 1981 , shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in masculine gender include the feminine and the feminine the masculine. Approved, as to materials, equipment, and method of construction means approval by the building official as the result of investigation and tests conducted or by reasons of accepted principles or tests by recognized authorities, technical, or scientific organizations. Approved agency means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the building official. Building code means the international building code promulgated by the International Code Council, Inc., as adopted by this jurisdiction. Building official means the officer charged with the administration and enforcement of this code, or duly authorized representatives, and is the authority having jurisdiction for this code. Chief electrical inspector means the person providing expertise for the building official in the area of electrical regulations. Code enforcement agency means the department, division, or agency of this jurisdiction charged with the function of code enforcement and shall be under the administration and operational control of the building official. Commercial installation means an installation intended for commerce, but does not include a residential installation. Dubuque board means the city of Dubuque electrical code board. Electrical code means the national electrical code promulgated by the National Fire Protection Association, as adopted by this jurisdiction. Electrical equipment means all electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus or parts thereof. Electrical work means all installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment except as otherwise noted. Firewall means the same as an area separation wall as used in the building code. Industrial installation means an installation intended for use in the manufacture or processing of products involving systematic labor or habitual employment and includes installations in which agricultural or other products are habitually or customarily processed or stored for others, either by buying or reselling on a fee basis. Inspector means a person certified as an electrical inspector upon such reasonable conditions as may be adopted by the board. In-house electricians, not for hire by the general public. (i) In-house electricians are required to carry an lowa Master's level license in order to obtain a permit. (ii) In-house electricians can only work on the premises for which the licensee is directly employed and any other persons doing electrical work under the supervision of the in-house electricians must also registered with the state of lowa as an apprentice, journeyman, or Master A or B electrician. Listed and listing means equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing, and maintaining an adequate periodic inspection of current productions and whose listing states that the equipment complies with nationally recognized safety standards. Multiple occupancy building means a building having more than one (1) tenant and may be of single or mixed use groups as classified by the building code. New electrical installation means the installation of electrical wiring, apparatus, and equipment for light, heat, power, and other purposes. Occupancy means the purpose for which a building, or part thereof, is used or intended to be used. Public use building or facility means any building or facility designated for public use, including all property owned and occupied or designated for use by the state of lowa. Residential installation means an installation intended for a single-family or two-family residential dwelling or a multi-family residential dwelling not larger than a four-family dwelling. Routine maintenance means the servicing, maintaining, or repairing of existing electrical apparatus or equipment for which no changes in wiring are made. State board means the electrical examining board created under lowa Code section 103.2. 82-2. Permit Process. (a) Application For Permit. The applicant for an electrical permit must be one of the following: (1) The homeowner as defined elsewhere in this ordinance; or, (2) Registered with the state of lowa as a class "A" master electrical licensee and affiliated with an electrical contracting firm or business that is also licensed by and registered with the state of lowa. (3) In-house electricians, not for hire by the general public. (b) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made; (2) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work; (3) Identify the owner of property, and tenant if applicable, on which the proposed work is to be done; (4) Indicate the use or occupancy for which the proposed work is intended; (5) Be accompanied by plans, diagrams, computations, and specifications and other data as required in subsection (b) of this section; (6) Be signed by permittee or authorized agent; and (7) Give such other data and information as may be required by the building official. (c) Plans And Specifications. Plans, engineering calculations, diagrams, and other data shall be submitted in one or more sets with each application for a permit. The building official may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state of lowa to practice as such. EXCEPTION: The building official may waive the submission of plans, calculations, etc., if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. (d) Information On Plans And Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. Plans for buildings more than two (2) stories in height of other than groups R, division 3, and M occupancies shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes, and similar systems. 210.12. Arc-Fault Circuit-Interrupter Protection. (B) Branch Circuit Extensions Or Modifications - Dwelling Units. This section is hereby repealed. (D) Branch Circuit Extensions or Modifications — Dwelling Units and Dormitory Units. This section is hereby repealed. Section 3. This ordinance shall take effect upon publication. Passed, approved, and adopted this_ day of , 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk EFFECT OF AMENDMENT 14-1 D-1 : NATIONAL ELECTRICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the electrical code of the city that certain electrical code known as the � national electrical code, 2017�&1� edition, as prepared and edited by the National Fire Protection Agency, Quincy, Massachusetts, and the provisions of such electrical code shall be controlling in the supply of electricity and in the installation, maintenance and use of all electrical conductors and equipment and installation of optical fiber cable within the corporate limits of the city, and shall be known as the Dubuque electrical � code. A copy of the national electrical code, 2017�81� edition, as adopted, shall be on file in the office of the city clerk for public inspection. 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: 80-3. Definitions, General. For the purpose of these provisions, certain terms, phrases, words, and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's third new international dictionary of the English language, unabridged, copyright 1981 , shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in masculine gender include the feminine and the feminine the masculine. Approved, as to materials, equipment, and method of construction means approval by the building official as the result of investigation and tests conducted or by reasons of accepted principles or tests by recognized authorities, technical, or scientific organizations. Approved agency means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the building official. Building code means the international building code promulgated by the International Code Council, Inc., as adopted by this jurisdiction. Building official means the officer charged with the administration and enforcement of this code, or duly authorized representatives, and is the authority having jurisdiction for this code. Chief electrical inspector means the person providing expertise for the building official in the area of electrical regulations. Code enforcement agency means the department, division, or agency of this jurisdiction charged with the function of code enforcement and shall be under the administration and operational control of the building official. Commercial installation means an installation intended for commerce, but does not include a residential installation. Dubuque board means the city of Dubuque electrical code board. Electrical code means the national electrical code promulgated by the National Fire Protection Association, as adopted by this jurisdiction. Electrical equipment means all electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus or parts thereof. Electrical work means all installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment except as otherwise noted. Firewall means the same as an area separation wall as used in the building code. Industrial installation means an installation intended for use in the manufacture or processing of products involving systematic labor or habitual employment and includes installations in which agricultural or other products are habitually or customarily processed or stored for others, either by buying or reselling on a fee basis. Inspector means a person certified as an electrical inspector upon such reasonable conditions as may be adopted by the board. In-house electricians, not for hire bv the qeneral public. (i) In-house electricians are reauired to carry an lowa Master's level license in order to obtain a permit. (ii) In-house electricians can onlv work on the premises for which the licensee is �i+re�directiv emploved and anv other persons doinq electrical work under the supervision of the in-house electricians ^��„�=��must also reqistered with the state of lowa as an apprentice, iournevman, or Master A or B electrician. Listed and listing means equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing, and maintaining an adequate periodic inspection of current productions and whose listing states that the equipment complies with nationally recognized safety standards. Multiple occupancy building means a building having more than one (1) tenant and may be of single or mixed use groups as classified by the building code. New electrical installation means the installation of electrical wiring, apparatus, and equipment for light, heat, power, and other purposes. Occupancy means the purpose for which a building, or part thereof, is used or intended to be used. Public use building or facility means any building or facility designated for public use, including all property owned and occupied or designated for use by the state of lowa. Residential installation means an installation intended for a single-family or two-family residential dwelling or a multi-family residential dwelling not larger than a four-family dwelling. Routine maintenance means the servicing, maintaining, or repairing of existing electrical apparatus or equipment for which no changes in wiring are made. State board means the electrical examining board created under lowa Code section 103.2. 82-2. Permit Process. (a) Application For Permit. The applicant for an electrical permit must be one of the following: (1) The homeowner as defined elsewhere in this ordinance; or, (2) Registered with the state of lowa as a class "A" master electrical licensee and affiliated with an electrical contracting firm or business that is also licensed by and registered with the state of lowa. � (3) In-house electricians, not for hire by the qeneral public. (b) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made; (2) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work; (3) Identify the owner of property, and tenant if applicable, on which the proposed work is to be done; (4) Indicate the use or occupancy for which the proposed work is intended; (5) Be accompanied by plans, diagrams, computations, and specifications and other data as required in subsection (b) of this section; (6) Be signed by permittee or authorized agent; and (7) Give such other data and information as may be required by the building official. (c) Plans And Specifications. Plans, engineering calculations, diagrams, and other data shall be submitted in one or more sets with each application for a permit. The building official may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state of lowa to practice as such. EXCEPTION: The building official may waive the submission of plans, calculations, etc., if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. (d) Information On Plans And Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. 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Arc-Fault Circuit-Interrupter Protection. (B) Branch Circuit Extensions Or Modifications - Dwelling Units. � This section is hereby repealed. (D) Branch Circuit Extensions or Modifications — Dwellinq Units and Dormitory Units. � This section is herebv repealed. Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance.