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
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Maste iece on the Mississi i Zoo�•zoiz•zois
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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�����,.�,��
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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.
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.
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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 — 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.