HomeMy WebLinkAboutORD 6 (1991)ORDINANCE NO. !6 (1991)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAIL REPEALING THE ENTIRETY OF TITLE
27 OF THE LOS ANGELES COUNTY CODE AS
HERETOFORE ADOPTED AND ADDING A NEW TITLE 27
ADOPTING, BY REFERENCE, THE "NATIONAL
ELECTRICAL CODE,91 1990 EDITION, WITH CERTAIN
AMENDMENTS, ADDITIONS, DELETIONS AND
EXCEPTIONS, INCLUDING FEES AND PENALTIES.
A. Recitals.
(i) Article 2 of Chapter 1 of Part 1 of Division 1 of
Title 5 of thy° CaJ ifornia Government Code (§§ 50020, et seq.)
authorizes the adop•Llan, by reference, of the National Electrical
Code, 1990 Edition, as published by the National Fire Protection
Association,, as amended by the California Building Standards
Commission.
( i:. 4L least one (1) c(.,Py of said Code, certified as
a full, true and oorrect copy thereof by the City Clerk of the
City of Diamond Bar, has been filed in the office of the City
Clerk of the City of Diamond Bar in accordance with the
provisions of California Government Code §§ 50022.6.
(iii) A duly noticed public hearing, as required by
California Government Code § 50022.3, has been conducted and was
concluded pr1 or to the adoption of this Ordinance.
(iv) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does hereby find, determine and ordain as follows:
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Section 1. In all respects as set forth in the -
Recitals, Part A, of this Ordinance.
Section 2. Title 27 of the Los Angeles County Code, as
heretofore adopted, hereby is repealed, provided that said repeal
shall not apply to or excuse any violation thereof occurring
prior to the effective date of this Ordinance and provided
further that the National Electrical Code, 1987 Edition, as
adopted by reference, shall continue to be applicable to,
construction wherein plans have been submitted for plan check as
of the effective date of this Ordinance so long as the initial
permit therefor is issued no later than sixty (60) days after the
effective date of this Ordinance.
Section 3. A new Title 27 of the Los Angeles County
Code is hereby added to read, in words and figures, as follows:
"TITLE 27
"ELECTRICAL CODE
"Section 27.00.010. Adoption of National
Electrical Code, 1990 Edition.
"The National Electrical Code, 1990 Edition of the
National Fire Protection Association, as amended by the
California Building Standards Commission, is hereby
adopted in its entirety as the Electrical Code of the
City of Diamond Bar, together with the amendments,
additions, deletions and exceptions as hereinafter
provided.
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"Section 27.00.020. Amendments.
"The National Electrical Code, 1990 Edition,
adopted by Section 27.00.010, hereby is amended to read
as follows:
"A. Article 90 of said National Electrical Code is
hereby amended by deleting Section 90-4 and adding a new
Section 90-4 to read, in words and figures, as follows:
"Section 90-4. Enforcement. The
Building Official shall enforce the provisions
of this Code and shall have the responsibility
for making interpretations of the National
Electrical Code, for deciding upon the
approval of equipment and materials, and for
granting the special permission contemplated
in a number of code sections hereof. Whenever
in the National Electrical Code the term
`authority having jurisdiction of enforcement
of the Code' is used, the same shall mean the
Building Official of the City of Diamond Bar.
"B. Article 90 of said National Electrical Code is
hereby amended by adding Section 90-9 to read, in words
and figures as follows:
"Section 90-9. Materials. All materials
shall be in compliance with the 1990 National
Electrical Code. The use of new or used
materials without proper identification
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markings or labels shall not be permitted.
"C. Article 90 of said National Electrical Code is
hereby amended by adding Section 90-10 to read, in words
and figures, as follows:
"Section 90-10. Concealment. No work for
which permits are required shall be concealed
prior to inspection and approval of the work
by the Building Official or his or her
designee.
"D. Article 90 of said National Electrical Code is
hereby amended by adding Section 90-11 to read, in words
and figures, as follows:
"Section 90-11. Permit Required. No
eledtrical equipment shall be installed nor
electrical work performed within or on any
building structure or premises in the City of
Diamond Bar which is publicly or privately
owned, nor shall any alteration or addition be
made in or to any such existing equipment, nor
shall any building or structure be moved,
relocated, or occupancy thereof changed
without securing a permit therefor from the
Building Official, before such work is
commenced, except as provided in this Article
and except that no permit will be required to
execute any of the types of electrical work as
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follows:
"(1) Minor repair work, the replacement
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of lamps or the connection of portable
electrical equipment to suitable permanently
installed receptacles; and
11(2) All electrical work exempted by
Section 90-2(b) of the National Electrical
Code.
"E. Article 90 of said National Electrical Code is
hereby amended by adding Section 90-12 to read, in words
and figures, as follows:
"Section 90-12. Permit Application,
Issuance and Fees. Application for a permit
to perform the work shall be made in writing
to the Building Official and shall fully
describe said work. Plans, engineering
calculations, diagrams and other data,
including specifications and schedules may be
required to determine whether the installation
as described will be in conformity with the
requirements of this Code. If it is found that
the installation as described will conform
with all legal requirements, and if the
_- applicant has complied with the provisions of
this Code, a permit for such installation
shall be issued. No deviation may be made from
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the installation described in the permit and
plan without the prior written approval of the
Building Official. Fees for issuance of a
permit hereunder shall be paid to the Building
Official in such amounts and in such manner as
may be prescribed, from time to time, by
Resolution of the City Council.
"F. Article 90 of Said National Electrical Code is
hereby amended by adding Section 90-13 to read, in words
and figures, as follows:
"Section 90-13. Permit 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 if the work authorized by such
permit is suspended or abandoned at any time
after the work is commenced for a period of
180 days. Before such work can be commenced or
recommenced, a new permit shall be first
obtained to do so, and the fee therefor shall
be the amount required for a new permit for
such work, provided no changes have been made
or will be made in the original plans and
specifications for such work; and provided
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further that such suspension or abandonment
has not exceeded one year. In order to renew
action on a permit after expiration, the
permittee shall pay a new full permit fee.
"Any permittee holding an expired permit
may apply for an extension of the time within
which he or she may commence work under that
permit when he or she is unable to commence
work within the time required by this Section
for good and satisfactory reasons. The
Building Official may extend the time for
action by the permittee for a period not
exceeding 180 days upon written request by the
permittee showing that circumstances beyond
the control of the permittee have prevented
action from being taken. No permit shall be
extended more than once.
"The Building Official may, in writing,
suspend or revoke a permit issued under the
provisions of this Code whenever the permit is
issued in error or on the basis of incorrect
information supplied, or in violation of any
ordinance or regulation or any of the
provisions of this Code.
"G. Article 90 of said National Electrical Code is
hereby amended by adding Section 90-14 to read, in words
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and figures, as follows:
"Section 90-14. Reinspection. Each permit
shall be entitled to one reinspection, without
additional charge, in addition to the required
number of inspections established by the
Building Official. On jobs requiring multiple
permits which may be completely inspected on
one inspection trip, two reinspection trips
will be allowed without additional charge for
said reinspections.
"EXCEPTIONS: The number of inspection
trips will not be limited on progress jobs;
provided, however, that only one inspection
will be permitted for checking a correction.
For the purpose of this Section, progress jobs
are those where circumstances beyond the
control of the installer make it impossible
for the electrical work to be completed at any
specific time. If more inspection trips than
specified herein are required due to the fault
or error on the part of the installer or his
or her employees, an additional fee as set
forth herein shall be required of the
installer for each such additional inspection
trip.
"H. Article 90 of said National Electrical Code is
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hereby amended by adding Section 90-15 to read, in words
and figures, as follows:
"Section 90-15. Right of Entry. The
Building Official or his or her duly
authorized representative, shall have the
authority to enter any building or premises
for the purpose of investigating the existence
of suspected or reported damage or defects
which constitute an immediate danger to human
life or an immediate hazard to public safety
or health. Except in emergency situations, the
Building Official, or his or her authorized
representative, shall not enter any building
or premises without the consent of the owner
or occupant thereof, unless he or she
possesses a warrant authorizing entry and
search of the premises. No person shall hinder
or prevent the Building Official, or his or
her authorized representative, while in the
performance of the duties herein described as
emergency situations or while in possession of
a warrant, from entering upon and into any and
all premises under his jurisdiction, at all
reasonable hours, for the purpose of
inspecting the same to determine whether or
not the provisions of this Code and all other
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applicable laws or ordinances pertaining to
the protection of persons or property are
observed therein.
"I. Article 90 of said National Electrical Code is
hereby amended by adding Section 90-16 to read, in words
and figures, as follows:
"Section 90-16. Appeals. A decision of
the Building Official regarding the
interpretation or implementation of any
provision of this Code shall be final and
shall become effective forthwith upon the
service of the decision of the Building
Official, in writing, upon the permittee. For
purposes of this Section, service upon the
permittee shall mean either personal delivery
or placement in the United States Mail,
postage prepaid, and addressed to the
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permittee at his or her last known business
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address; provided, however, that the permittee
may, within ten (10) days after the effective
date of the decision of the Building Official,
file an appeal with the City Clerk, in
writing, specifying the reason or reasons for
the appeal and requesting that the Board of ^.
Appeals review the decision of the Building
Official.
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"J. Article 90 of said National Electrical Code is
hereby amended by adding Section 90-17 to read, in words
and figures, as follows:
"The City Council shall act as a Board of
Appeals in making a final determination of any
appeal filed in accordance with the provisions
of this Code. The City Clerk shall schedule a
hearing on the appeal at reasonable times at
the convenience of the Board of Appeals, but
not later than thirty (30) days after receipt
of the written appeal. The permittee may
appear in person before the Board or be
represented by an attorney and may introduce
evidence to support his or her claim. The
Building Official shall transmit to the Board
all records, papers, documents and other
materials in support of his decision and shall
provide a copy thereof to the permittee
appealing the decision of the Building
Official. The permittee appealing the decision
of the Building Official shall cause, at his
or her own expense, any tests or research
required by the Board to substantiate his or
her claim to be performed or otherwise carried
j out. The Board may, by resolution, affirm,
reverse or modify in whole or in part, any
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appealed decision, determination or
interpretation of the Building Official. A
copy of the resolution adopted by the Board
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shall be mailed to the permittee and the
Board's decision shall be final upon the
mailing, by United States Mail, postage
prepaid, to the permittee's last known address
of record.
"K. Article 110 of said National Electrical Code
is hereby amended by the addition of an exception to
Section 110-14 to read, in words and figures, as
follows: --
"EXCEPTION. All sections of the National
i
Electrical Code, 1990 Edition, allowing the
use of aluminum conductors shall be amended to
read that no aluminum conductor smaller than
No. 4AWG shall be used. Whenever any aluminum
conductor is utilized as herein permitted, the
applicant shall be required to obtain, at
applicant expense, a separate Certificate of
Inspection from a special inspector authorized
by law to provide such inspections; no
certificate of inspection shall be issued
until after the•on-site inspection.
"L." Section 336-3 of the National Electrical Code, ^I
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1990 Edition, is hereby amended to read, in words and
figures as follows:
"Section 336-3 (a) Type NM. Type NM cable
shall be permitted for concealed work in
normally dry locations. It shall be
permissible to install or fish type NM cable
in air voids in masonry block or tile walls
where such walls are not exposed or subject to
excessive moisture or dampness.
"Section 336-3 (b) Type NMC. Type NMC
cable shall be permitted: (1) for concealed
work in dry, moist, damp, or corrosive
locations; (2) in outside and inside walls of
masonry block or tile; (3) in a shallow chase
in masonry, concrete, or adobe protected
against nails or screws by a steel plate at
least 1/16 inch (1.59 mm) thick and covered
with plaster, adobe, or similar finish.
"M. Section 336-4 of the National Electrical Code,
1990 Edition, is hereby amended to read, in words and
figures as follows:
"Section 336-4 (a) Type NM or NMC. Types
NM and NMC cables shall not be used: (1) in
any dwelling or structure exceeding three
floors above grade; (2) as service -entrance
cable; (3) in commercial and industrial
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buildings. For the purpose of this article,
the first floor of a building shall be that
floor that has fifty percent or more of the
exterior wall surface area level with or above
finished grade. One additional level that is
the first level and not designed for human
habitation and used only for vehicle parking,
storage, or similar use shall be permitted.
"N. Table No. 300-5 of said National Electrical Code,
1990 Edition is hereby amended to read, in words and
figures, as set forth in Exhibit "A" attached hereto and
by this reference made a part hereof."
Section 4. A new Section 27.00.030 hereby is added to
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Title 27 of the Los Angeles County Code to read, in words and
figures, as follows:
"Section 27.00.030. Penalty for Violation of Title.
It shall be unlawful for any person, firm, partnership,
or corporation to violate any provision or to fail to
comply with any of the requirements of this Title or the
Code adopted hereby. Any person, firm, partnership, or
corporation violating any provision of this Title or the
Code adopted hereby or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both
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such find and imprisonment. Each such person, firm,
partnership or corporation shall be deemed guilty of a
separate offense for each and every day or any portion
thereof during which any violation of any of the
provisions of this Title or the Code adopted hereby is
committed, continued or permitted by such person, firm,
partnership or corporation, and shall be deemed
punishable therefor as provided in this Title."
8®etion 5. A new Section 27.00.040 hereby is added to
Title 27 of the Los Angeles County Code to read, in words and
figures, as follows:
"Section 27.00.040. Civil Remedies Available. The
violation of any of the provisions of this Title or the
Code adopted hereby shall constitute a nuisance and may
be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction
or in any other manner provided by law for the abatement
of such'nuisances.11
Section g. A new Section 27.00.050 hereby is added to
Title 27 of the Los Angeles County Code to read, in words and
figures, as follows:
"Section 27.00.050. Severability. The City
Councii :Hereby declares that should any provision,
section; paragraph, sentence or word of this Title or
the Code hereby adopted be rendered or declared invalid
by any final court action in a court of competent
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jurisdiction, or by reason of preemptive
legislation, the remaining provisions, sections,
paragraphs, sentences and words of this Title and the
Code hereby adopted shall remain in full force and
effect."
Section 8. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be posted in three
(3) public places within the City of Diamond Bar pursuant to
Resolution No. 89-6.
ADOPTED AND APPROVED this 1st day of October
1991. '
Mayor --�
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 17th day of September , 1991,
and was finally passed at a regular meeting of the City Council
of the City of Diamond Bar held on the 1st day of
October , 1991, by the following vote:
AYES:
COUNCIL MEMBERS:Nardella, Papen, Werner,
Kim, Forbing
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
.ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Clerk of_t City
of DiamondBa=y
N\1012\ORDELEC\DB 1.3A 16
EXHIBIT "P."
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Table 300-5. Minimum Cover Requirements, O to 600 Volts, Nominal, Burial In Inches
(Cover Is defined as the shortest distance measured between a point on the top surface of any
direct
..._"
buried conductor, cable, conduit or other
raceway and the top surface of finished grade, concrete, or
similar cover.)
Type of Wiring Method or Circuit
Resldentlal Branch
Circuits for Control
Rigid Nonmetallic Circuits Rated
of Irrigation and
Goodall 120 Volts or less
Landscape Ughting
Approved for with GFCI
Rigid Metal Direct Burial Protection
Limited to Not More
than 30 Volts and
Location of Direct Burial
Conduit or without Concrete and Maximum
Intermediate Encasement or Overcurrent
Installed with Type
OF or In Other
Wiring Method Cables or
or Circuit Conductors
Metal Other Approved Protection ofIdentified
Conduit Raceways 20 Amperes
Cahle
or Raceway
All Locations Not
Specified Below 24
6 18 12
6
In Trench Below 2 -Inch
Thick Concrete or
Equivalent 18
6 12 6
6
Under a Building 0
0 0 0
0
(In
(In
(In
Raceway
Raceway
Raceway
Only)
Only)
Only)
Under Minimum of 4 -Inch
Thick Concrete Exterior
Slab with no vehicular
traffic and the slab 18
44 6 (Direct
6 (Direct
extending not leu than 6
Burial)
Burial)
inches beyond the
4In
4 In
�.
underground installation
Raceway)
Raceway)
1
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IF
Table 300.5. (Continued)
Under Streets, Highways,
Roads, Alleys, Driveways,
and Parking Lots 24
24 24 24
24
!
One- and Two -Family
Dwelling Driveways and
Parking areas, and Used
si
for No Other Purpose 24
24 24 24
24
In or Under Airport
Runways Including
Adjacent Areas Where
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Trespassing Prohibited 18
18 18 18
18
In Solid Rock Where 2
2 2 2
2
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Covered by Minimum of (In1n
(in
2 Inches Concrete Raceway
Raceway
(
Extending Down to Rock Only)
Only)
Only)
Note 1. For SI Units: one inch = 25.4 millimeters
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Note 2. Raceways approved for burial only where concrete encased shall require concrete envelope not less than 2 inches thick.
Note 3. Lesser depths shall be permitted where cables and conductors rise for terminations or where is
splices or access otherwise required.
Note 4. Where one of the conduit types listed in columns 1-3 is combined with one of the circuit types in columns 4 and 5, the shallower depth of
burial shall be permitted.
EXHIBIT "P."
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