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Ordinance No. 1707 ORDINANCE NO, 1707 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING AND RE-ENACTING CHAPTER 16.16 OF THE CUPERTINO MUNICIPAL CODE ADOPTING THE 1993 EDITION OF THE CALIFORNIA ELECTRICAL CODE, PARAGRAPH 5 THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that Chapter 16.16 of the Cupertino Municipal Code is repealed and re-enacted as contained in attached Exhibit A. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20th day of November, 1995, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 4 th day of December , 1995, by the following vote: Vote Members of the Ci~ Council ..YES: NOES: ABSENT: ABSTAIN: Chang, Dean, Sorensen, Burnett None Bautista None ATTEST: APPROVED: .~ C~ 4Æ~ Mayor, City of Cupertino ordinance/electric.doc ORDINANCE 1707 Chapter 16,16 ELECTRICAL CODE ADOPTED* Sections: 16.16,010 Adoption of 1993 California Electrical Code and Uniform Administrative Code Provisions 16,16,020 Article 100 amended--- Definitions Electrical fee schedule, Interpretation. Electrical maintenance program, Non-metallic sheathed cables Violation--Penalty, amended, 16,16.030 16,16.040 16.16.050 16.16.060 16,16,070 . For statutory provisions authorizing cities to regulate the materials used In wiring structures for electricity and in piping them for electrical supply, and to regulate the manner of such piping, see Gov. Code #38660. Prior ordinance history: Ords. 535, 634, 814,834,1087.1312 1360. 16.16,010 Adoption of 1993 California Electrical Code and Uniform Administrative Code Provisions (except Table 3.A), The provisions of the 1993 California Electrical Code and each and all of the regulations, provisions, conditions and tenns of the code (one copy of which has been filed for use and examination by the public in the office of the Building Department) is referred to as iffully set forth in this chapter, and is by such reference adopted, (Ord, 1567 (part), 1991: Ord. 1493 (part), 1989: Ord, 1379 (part), 1987), 16.16.020 Article 100 amended--Definitions. Article 100 is amended by adding thereto the following: A, Electrical Contractors: For the purpose of this article, an Electrical Contractor shall be a person holding a valid electrical contractor's license issued by the State of California. 8, Journeyman Electrician: A journeyman electrical is an electrician qualified by training and experience to do electrical work in conjunction with new construction and/or rework of existing systems, C, Maintenance Electrician: An electrician qualified by training and experience to do the recurring work required to keep a facility in such condition that it may be utilized at is designated capacity and efficiency, to do repair work by replacement or overhaul of constituent parts or materials to keep or restore a facility to a condition substantially equivalent to its original or design capacity or efficiency, Electrical work shall be done only by: a, Owner/occupant b, Electrical contractors who are in compliance with the state licensing laws c, General Building Contractor with current B- I license in conjunction with building penn it only. d. Maintenance electrician (Ord, 1567 (part), 1991: Ord. 1379 (part), 1987) 16.16,030 Electrical fee schedule, Electrical fees shall be paid to the City as set forth in the latest resolution adopted by the City, (Ord, 1567 (part), 1991: Ord, 1441 (part), 1988: Ord, 1379 (part), 1987), 16,16.040 Interpretation. A, The language used in this code, and the California Electrical Code, which is made a part of this code by reference, is intended to convey the common and accepted meaning familiar to the electrical industry, B, The Building Official or his assistants is authorized to detennine the intent and meaning of any provisions of this code, Such detennination shall be made in writing and a record kept, which record shall be open to the public (Ord. 1567 (part), 1991: Ord. 1379 (part), 1987) 16.16,050 Electrical maintenance program, Any person regularly employing one or more full-time qualified electricians for the purpose of installation, alteration, maintenance or repair on any property which such person owns or occupies, may designate a qualified electrician as a maintenance electrician, Upon being approved by the Chief Building Official, the maintenance electrician shall make monthly or quarterly reports to the City covering all installations, additions, or alterations. All such work shall be installed and done in accordance with the provisions of the Electrical Code, and shall be subject to the payment of fees, and t inspection by the electrical inspector to the same extent as -2- U EXHIBIT A" ORDINANCE 1707 similar work perfonned by other persons and for which such inspection is provided, (Ord. 1567 (part), 1991: Ord, 1379 (part), 1987), 16,16,060 Nonmetallic - Sheathed Cables 1993 NEC Article 336-4 is amended by replacing it with the following: (a) Type NM or NMC, Types NM and NMC cables shall not be used (I) in any dwelling or structure exceeding three floors above grade; (2) as service-entrance cable; (3) embedded n poured concrete; or (4) in any non-residential occupancy. For the purpose of this article, the first floor of a building shall be that floor that has 50 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 pennitted, Findings The Silicon Valley is located in the highly active seismic zone 4, Nonmetallic.sheathed cable is not afforded the same protection from damage as wiring in raceways, Damage to Nonmetallic- sheathed cable could occur in a seismic event which increases the potential for a fire. 16,16,070 Violation-Penalty, amended. Section 204 ofthe California Electrical Code is amended to read as follows: Section 204 Any person, finn, corporation, partnership or co.partnership who willfully violates any of the provisions, or fails to comply with any of the mandatory requirements of this Ordinance is guilty of an infraction, and upon conviction thereof, shall be punishable as provided in Chapter 1.12 of the Cupertino Municipal Code, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the City of Cupertino or other political subdivision or person, finn, corporation or partnership may file a suit in the Superior Court of the County of Santa Clara, to restrain, or enjoin any attempted or proposed subdivision, or acts, in violation of this Chapter. (Ord. 1567 (part), 1991: Ord, 1379 (part), 1987), -3- "EXHIBIT A"