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HomeMy WebLinkAboutCAP 2009-08-24 Item 2A - Ordinance - 2008 Electrical CodeTO: FROM: Jack Pace, Director Department of Community Development DATE: August 18, 2009 SUBJECT: City of Tukwila Electrical Code. ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee Jim Haggerton, Mayor Shall the City Council update the Tukwila Electrical Code by adopting the Washington Cities Electrical Code and by reference the 2008 National Electrical Code. It has been more than two years since the City Council enacted an ordinance that transferred the authority to regulate electrical installations from Labor Industries to the Department of Community Development. Initially, the Permit Center issued the electrical permits and the inspections were performed by the City of SeaTac inspectors through an inter -local agreement. A year after the initial transfer of responsibility an electrical inspector was hired for the City and the City of SeaTac now provides us with back -up inspection staff on an as needed basis. The City is now in the third year of enforcing electrical code requirements. By all measures it is clear that this has been a successful initiative. The advantages of administering our own electrical program are as follows: •We now have a "one stop" permit center for residents and the development community. •Electrical inspections are performed within 24 hours of the request for inspection as opposed to the 48 hour response time of the Department of Labor Industries. Coordination of building, mechanical, plumbing and gas piping can be coordinated with and are not delayed by the required electrical inspections. The significant revenue that had been going to the State now remains as City revenue. Electrical permit revenue has accounted for the cost of electrical code administration without impacting the general fund. As with all of the codes adopted by the state, the electrical code is revised, amended and re- published on a three year cycle. Consequently, it is important to update the City's adopted code to remain current with the State and with any amendments that the State adopts. This is necessary to insure that our City regulations remain equal to or better than that which the State adopts. The initial ordinance 2157 adopted the 2005 National Electrical Code (NEC) and amendments developed by the Chief Electrical Inspector of Labor Industries. The process and development of NEC amendments involves the Chief Electrical Inspector and the State electrical board. Local jurisdictions that administer an electrical code ordinance have one INFORMATIONAL MEMO Page 2 member representative on the State electrical board. This member does not have a vote, therefore our influence on this board and the development of amendments is minimal. In 2008 Washington Association of Building Officials and MyBuildingPermit .com (MBP) in a joint effort created the Washington Cities Electrical Code (WCEC). This document allows cities to enforce requirements that are equal, higher or better than the State's rules and offers the following advantages: The WCEC omits all administrative and procedural State rules that cities cannot or choose not to adopt. Example: State inspection fee schedules, civil penalty schedules, Annual permit process and administration. The WCEC is written in the same format as the NEC to eliminate any conflict between a State rule and the NEC. Example: The State amendments are WAC rules that are referenced by the numbering system of the Washington Administrative Code and do not cross reference to the NEC. The WCEC provides enforcement consistency among those cities that choose to adopt it. Currently there are twenty six Jurisdiction State wide that enforce regulations for electrical installations. All are members of WABO and all have indicated willingness to adopt the WCEC. This is an overdue reform to the enforcement inconsistency that exists between jurisdictions and the State. The WCEC Part one, adopts the 2008 National Electrical Code and related safety standards that are adopted by the Department of Labor Industries. The WCEC Part three, formats the State amendments to the NEC and, in some cases amends these rules to provide a higher or better standard of materials, devices and equipment. Example: In the 2005 NEC arc fault protection' of circuits was only required in bedrooms. In the 2008 NEC arc fault protection of circuits was required on all circuits in a dwelling. The State rejected this change and amended the 2008 NEC to remain with the language of the (previous) 2005 Code. The WCEC committee felt that this was a fire and life safety provision, and that if arc fault created danger in bedroom it created danger in any other area of a dwelling. Thus the WCEC adopted this section of the 2008 NEC, as written. RECOMMENDATION The Committee is being asked to forward the draft ordinance for adoption of the Washington Cities Electrical Code to the September 14, 2009 Committee of the Whole meeting for consideration and the subsequent September 21, 2009 Regular Meeting. ATTACHMENTS Ordinance in draft form 1 A device (circuit breaker) that has the ability to detect arcing conditions in a branch circuit and upon detection (automatically) de- energizes that circuit. Long term arcing in a circuit that is undetected can create pyrolysis in wood framing and eventually fire. C:1Documents and Settingslchristy.TUKWILA1My Documents\ElectricalCode.doc 2 W: \Word Processing Ordinances \Electrical Code.doc BB:ksn 08/20/2009 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2121, 2157 AND 2171, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.04, "BUILDINGS AND CONSTRUCTION," ADOPTING THE 2006 STATE BUILDING CODE, AND THE WASHINGTON CITIES ELECTRICAL CODE; ESTABLISHING AUTHORITY FOR HEARING RELATED APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 19.27 RCW requires that all jurisdictions in the State shall enforce the State Building Code as adopted by the State Building Code Council, effective July 1, 2007; and WHEREAS, the International Building Code, International Residential Code, International Mechanical Code, International Fire Code and Uniform Plumbing Code are documents that are adopted by the State Building Code Council as parts of the State Building Code; and WHEREAS, the 2008 National Electrical Code has been adopted as the State Electrical Code; and WHEREAS, the City Council desires to adopt provisions for administration and enforcement of the State Building Code and the Washington Cities Electrical Code; and WHEREAS, the City Council desires to establish the City of Tukwila Hearing Examiner as the authority to hear and rule on appeals relative to the application and interpretation of the State Building Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 16.04.020 Modified. TMC 16.04.020, "Codes Adopted," is hereby modified by moving Electrical Code references to a separate section, to read as follows: 16.04.020 Codes Adopted Effective July 1, 2007, the following codes are adopted by reference as if fully set forth herein: 1. The International Building Code, 2006 Edition, and referenced standards hereto as published by the International Code Council, Inc., and as adopted by the State of Washington in Chapter 51 -50 WAC. The following Appendices, standards and amendments are specifically adopted: a. Appendix E, Supplementary Accessibility Requirements. b. ICC /ANSI A117.1- 2003, American National Standard. c. Section 101.2 of the International Building Code, 2006 Edition, is amended to include Exception 2: Work performed by the City of Tukwila and located in City of Tukwila right -of -way; work performed by Washington State Department of Transportation and located in WSDOT right -of -way to include public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures; provided that any structures or buildings intended to be used as any Page 1 of 7 occupancy classification of the State Building Code are not exempt from the provisions of this code. d. All sections and references to provisions in the ICC Electrical Code and ICC Plumbing Code are not adopted. e. Definition. Section 105.2, "Building," item 1, is amended to read: One- story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area does not exceed 120 square feet, and such structure is outside of and entirely separated from any existing building on the premises. f. Appeals. Section 112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly inter- preted. 2) The provisions of the codes or ordinances do not fully apply. 3) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. g. Section 105.5 is amended as follows: 1) Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation, and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit; or after the work is commenced, if the work is suspended or abandoned at any time for a period of 180 days. 2) Extensions to permits. Any person holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the person is unable to commence work within the time required by this section. The Building Official may extend the time for action for a period not to exceed 180 days, provided that the request is in writing and shows that circumstances beyond the control of the permit holder have prevented action from being taken. No permit shall be extended more than once. 3) Renewals of expired permits. Before such work can be recommenced, a new permit shall be first obtained. The permit fee therefore shall be one half the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration of more than one year, the permittee shall pay a new full permit fee and plan review fee where applicable. h. Section 113.4, "Violations and Penalties," is amended to include: Any person, firm or corporation who shall willfully violate or fails to comply with a Notice and Order is liable for the monetary penalties prescribed in TMC 8.45.100(A2). 2. The International Residential Code for One- and Two Fancily Dwellings, 2006 Edition, published by the International Code Council, Inc., as adopted by the State of Washington, provided that Chapters 11 and 25 through 42 of this code are not adopted. Energy code provisions are superceded by Chapter 51 -11 WAC; plumbing code provisions are superceded by Chapter 51 -56 WAC; electrical code is the NEC, NFPA 70 as adopted by the City of Tukwila. Appendix G, "Swimming Pools, Spas and Hot Tubs," is included in the adoption of the International Residential Code. However, W: Word Processing \Ordinances \Electrical Code.doc BB:ksn 08/20/2009 Page 2 of 7 where there is conflict between Appendix G and TMC Chapter 16.25, the more restrictive provision shall apply, provided that the following amendment is applicable: a. Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation, and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit; or after the work is commenced, if the work is suspended or abandoned at any time for a period of 180 days. b. Extensions to permits. Any person holding an unexpired permit may apply for an extension of the time within which work may commence under that permit, when the person is unable to commence work within the time required by this section. The Building Official may extend the time for action for a period not to exceed 180 days provided that the request is in writing and shows that circumstances beyond the control of the permit holder have prevented action from being taken. No permit shall be extended more than once. c. Renewals of expired permits. Before such work can be recommenced, a new permit shall be first obtained. The permit fee, therefore, shall be one half the amount required for a new permit for such work, provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration of more than one year, the permittee shall pay a new full permit fee and plan review fee where applicable. d. Appeals. Section 112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly inter- preted. 2) The provisions of the codes or ordinances do not fully apply. 3) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. 3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2006 Edition, published by the International Association of Plumbing and Mechanical Officials, and as adopted by the State of Washington in Chapters 51 -56 and 51 -57 WAC, provided that Chapters 12 and Chapter 15 of this code are not adopted. Provided further, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the Code addressing building sewers are not adopted. Appendixes A, B, D, and I of the Uniform Plumbing Code are hereby adopted by reference. Provided further, that the following amendments to the Uniform Plumbing Code are adopted: a. All reference to and definition of "authority having jurisdiction" is deemed to refer to and shall mean the "Building Official." b. UPC Section 103.4.5.1. The Building Official may authorize the refunding of any fee paid hereunder that was erroneously paid or collected. c. Water supply and distribution. Cross connection control for premises isolation related to the City's public water system shall be in accordance with the City of Tukwila Public Works Department's "Development Guidelines and Design and Construction Standards." Cross connection control for premises isolation related to water purveyors outside of the City of Tukwila water system shall be in accordance with that water purveyor's policies and standards. W: \Word Processing\ Ordinances Electrical Code.doc BB:ksn 08/20/2009 Page 3of7 d. Sanitary drainage. Side sewer, private sewer main extensions beyond a point defined in the plumbing code as the building drain, and required grease interceptors all within the City's sewer districts shall be in accordance with the City of Tukwila Public Works Department "Development Guidelines and Design and Construction Standards." Sanitary drainage, side sewers, private sewer main extensions beyond the building drain and grease interceptors outside the Tukwila sewer district shall be in compliance with that purveyor's policies and standards. e. Appeals. Section R112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly inter- preted. 2) The provisions of the codes or ordinances do not fully apply. 3) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. 4. The International Mechanical Code, 2006 Edition, as published by the International Code Council, Inc., and as amended and adopted by the State of Washington in Chapter 51 -52 WAC. 5. The Washington State Ventilation and Indoor Air Quality Code, 2006 Edition; Chapter 51 -13 WAC. 6. The International Fuel Gas Code, 2006 Edition, Chapter 51 -52 -21000 WAC. Section 2. Ordinances Amended. Ordinance Nos. 2121, 2157 and 2171 are hereby amended to adopt a new Section 16.04.025 to read as follows: 16.04.025 National Electrical Code and Standards A. The 2008 Edition of the National Electrical Code (NFPA 70), including Annex A, B and C; the 2007 Edition of Standard for the Installation of Stationary Pumps for Fire Protection (NFPA 20- 2007); the 2005 Edition of Standard for Emergency and Standby Power Systems (NFPA 110 2005); Commercial Building Telecommunications Cabling Standard (ANSI /TIA /EIA 568 -B.1 June 2002 including Annex 1 through 5); Commercial Building Standard for Telecommunications Pathway and Spaces (ANSI /TIA /EIA 569 -A -7 December 2001 including Annex 1 through 4); Commercial Building Grounding and Bonding Requirements for Telecommunications (ANSI /TIA /EIA 607 -A- 2002); and the Residential Telecommunications Cable Standard (ANSI /TIA /EIA 570 -B -2004) are adopted and shall be applicable within the City of Tukwila, as amended, added to and excepted in the Washington Cities Electrical Code, Part III, NEC Amendments. B. In accordance with RCW 19.28.010(3), where the State of Washington Department of Labor and Industries adopts a more current edition of the National Electrical Code (NFPA 70) the Building Official may supplement the use of the Washington Cities Electrical Code with newly- adopted editions of the National Electrical Code. Provided further, that the following administrative procedures are adopted: 1. The authority having jurisdiction within the City of Tukwila shall mean the Building Official, and shall include the Senior Electrical Inspector or other individuals as designated by the Building Official. 2. The authority having jurisdiction is hereby authorized and directed to enforce the provisions of this code and shall have the authority to render interpretations W:\ Word Processing Ordinances \Electrical Code.doc BB:ksn 08/20/2009 Page 4 of 7 of this code in order to provide clarification to its requirements, as permitted by Article 90.4, and to adopt policies and procedures in order to clarify the application of its provisions and the administration of this code. Where procedures are not specifically identified herein, Part 2 of the Washington Cities Electrical Code shall be referenced. 3. This code applies to new electrical installations. If an electrical permit application is received after the effective date of this code but is associated with a building permit application received prior to the effective date of the ordinance codified in this chapter, all applicable codes adopted and in force at the time of a complete building permit application will apply. 4. Lawfully installed existing electrical installations that do not comply with the provisions of this chapter shall be permitted to be continued without change, except as is specifically covered in this code or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard. 5. Additions, alterations or repairs to any building, structure or premises shall conform to that required of a new building, without requiring the existing building to comply with all the requirements of this code or amendments adopted by reference herein. Additions, alterations, installations or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the authority having jurisdiction. Electrical wiring added to an existing service, feeder or branch circuit shall not result in an installation that violates the provisions of the Code in force at the time the additions are made. 6. When the use of any electrical equipment or its installations is found to be dangerous to human life or property, the Building Official shall be empowered to have the premises disconnected from its source of electric supply. When such equipment or installation has been so condemned or disconnected, a notice shall be placed thereon listing the causes for the condemnation, the disconnection, or both, and the penalty for unlawful use thereof. Written notice of such condemnation and the causes therefore shall be given within 24 hours to the owners, the occupant or both, of such building, structure or premises. It shall be unlawful for any person to remove said notice, to reconnect the electric equipment to its source of electric supply, or to use or permit to be used electric power in any such electric equipment until such causes for the condemnation or disconnection have been remedied to the satisfaction of the Building Official. 7. The authority having jurisdiction shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this code. 8. The authority having jurisdiction shall be authorized to inspect, at all reasonable times, any building or premises for dangerous or hazardous conditions or equipment as set forth in this code. The Building Official shall be permitted to order any person(s) to remove or remedy such dangerous or hazardous condition or equipment. Any person(s) failing to comply with such order shall be in violation of this code. 9. Where the authority having jurisdiction deems that conditions hazardous to life and property exist, he or she shall be permitted to require that such hazardous conditions in violation of this code be corrected. 10. To the full extent permitted by law, the authority having jurisdiction engaged in inspection work shall be authorized at all reasonable times to enter and examine any building, structure or premises for the purpose of making electrical inspections. Before entering premises, the authority having jurisdiction shall obtain the consent of the occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection, except in those instances where an emergency exists. As used in this section, emergency means circumstances that the authority having jurisdiction W:\ Word Processing\ Ordinances Electrical Code.doc BB:ksn 08/20/2009 Page 5 of 7 knows or has reason to believe exist, and that reasonably can constitute immediate danger to persons or property. 11. The Building Official shall be permitted to require plans and specifications to ensure compliance with this code. 12. The authority having jurisdiction shall be permitted to waive specific requirements in this code, or permit alternative methods where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety. Technical documentation shall be submitted to the authority having jurisdiction, to demonstrate equivalency and that the system, method or device is approved for the intended purpose. 13. Each application for a waiver of a specific electrical requirement shall be filed in writing and shall be accompanied by such evidence, letters or statements to justify the request. Approval or denial of said request shall be in writing. 14. Application for a permit required by this code shall be made to the Building Official in such form and detail as prescribed by the Building Official. The Building Official shall have the authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations related to inspections, inspection approval and refund of fees. 15. Limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The Building Official is authorized to grant one extension of time for an additional period not exceeding 90 days. The extension shall be requested in writing and justifiable cause shall be demonstrated. 16. Limitation of permit. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension for a period of not more than 180 days. The extension shall be requested in writing and justifiable cause shall be demonstrated. 17. Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error, on the basis of incorrect, inaccurate, false representations or incomplete information; in violation of any ordinance, regulation, or any of the provisions of this code. A permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change that affects any of the conditions of the permit shall require a new or amended permit. 18. Payment of fees. A permit shall not be valid until the fees prescribed by ordinance have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 19. Schedule of permit fees. A fee for each permit shall be paid as required, in accordance with TMC 16.04.250(G). 20. Appeals. Section 112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: a) The true intent of the code or ordinance has been incorrectly interpreted. b) The provisions of the codes or ordinances do not fully apply. W:\ Word Processing\ Ordinances \Electrical Code.doc BB:ksn 08/20/2009 Page 6 of 7 c) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. 21. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice Order issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice Order shall be posted on the premises in a conspicuous place, at or near the entrance to such premises, and the Notice Order shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. 22. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice Order is liable for the monetary penalties prescribed in TMC 8.45.100(A2). Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W:\ Word Processing Ordinances \Electrical Code.doc BB:ksn 08/20/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 7 of 7