HomeMy WebLinkAboutOrdinance #2173 ORDINANCE NO. 2173
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 17 .48 THEREOF AND ADDING
NEW CHAPTER 17. 48 THERETO, PERTAINING TO THE
ELECTRICAL CODE
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is
hereby amended by repealing Chapter 17. 48 thereof entitled
"Electrical Code. "
SECTION 2. The Huntington Beach Municipal Code is
hereby amended by adding thereto Chapter 17. 48, to read
as follows :
Chapter 17 .48
ELECTRICAL CODE
17. 48 . 010 Adoption. There is hereby adopted by the
City Council of the City of Huntington Beach that certain code
known as the National Electrical Code, 1975_ Edition, published
by the National Fire Protection Association, of which b ode
not less than three (3) copies have been and are now tiled
in the office of the City Clerk of the City of Huntington Beach.
Such code, except Sections 90-2, 90-3, 90-5 and 90-7 of Article
90 thereof, is hereby adopted and incorporated, pursuant to
Section 17958 of the California Health and Safety Code, for
the purpose of prescribing regulations governing the installa-
tion, alteration, repair and maintenance of all electrical
installations within the city of Huntington Beach.
17. 48 . 020 Title. This chapter shall be known as the
"Huntington Beach Electrical Code, " may be cited as such,
and will be referred to herein as "this code. "
17. 48 . 030 Definitions . As used in this chapter, unless
otherwise indicated from the context, the terms "authority
having jurisdiction" and "administrative authority" shall
mean the Director of Building and Community Development or
his authorized representative.
JG: er 1.
17. 48 . 040 Application and Scope . The provisions of
this code shall apply to all new construction, relocated
buildings, and to any alterations, repairs . or reconstruction,
except as provided for otherwise in this code .
It covers electric conductors and equipment installed
within or on public and private buildings or structures, pre-
mises such as yards, carnival, parking and other lots, and
industrial substations; conductors that connect the installa-
tions to a supply of electricity; and other outside conductors
on the premises.
17. 48. 050 Duties of administrative authority_. The Director
of Building and Community Development is hereby authorized and
directed to enforce all the provisions of this code. In doing
so he shall:
(a) Require submission of, examine and check plans and
specifications, drawings, descriptions. and diagrams necessary
to show clearly the character, kind and extent of work covered
by an application for a permit and upon his approval thereof
he shall issue the permit applied for. He shall, upon appli-
cation grant or deny permits for the installation or alteration
of electrical wiring, devices, appliances, and equipment . He
shall deny permits in cases where any of the foregoing, or the
method by which any of the foregoing is to be accomplished, is
reasonably determined by him that it will be hazardous or danger-
ous to persons or property because the proposed method of
installation or construction or manufacture will result in a
condition which will be hazardous or dangerous to persons or
property, or because such electrical wiring, devices, appliances
or equipment appear on the application to be defective or will be
defectively installed.
(b) Administer and enforce the provisions of this code
in a manner consistent with the intent thereof and shall inspect
all electrical work authorized by any permit to assure compliance
with provisions of this code or amendments thereto , approving
or disapproving said work in whole or in part as conditions require.
(c ) Order changes in workmanship or materials essential
to obtain
a n compliance with all provisions of this code .
(d) Investigate any construction or work regulated by
this code and issue such notices and orders as provided in
Section 17. 48.070 .
17. 48. 060 Right of entry. Whenever necessary to make
an inspection to enforce any of the provisions of this code,
or whenever the administrative authority has reasonable cause
to believe that there exists in any building or upon any prem-
ises, any violation of this code, the administrative authority
may enter such building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the
2.
administrative authority by this code; provided that if such
building or premises be occupied, he shall first present proper
credentials and demand entry; and if such building or premises
be unoccupied, he shall first make a reasonable effort to locate
the owner or other persons having charge or control of the
building or premises and demand entry. If such entry is refused,
the administrative authority shall have recourse to every remedy
provided by law to secure entry.
No owner or occupant or any other person having charge,
care or control of any building or premises shall fail or
neglect, after proper demand is made as herein provided, to
promptly permit entry therein by the administrative authority
or his authorized representative for the purpose of inspection
and examination pursuant to this code.
17. 48 . 070 Dangerous electrical installation. Enforcement.
(a) Any portion of an electrical system found by the
administrative authority to be dangerous or unsafe to persons
or property is hereby declared to be a violation of this code.
(b) Whenever the administrative authority has reasonable
cause to believe that any construction or work regulated by
this code to be dangerous, hazardous or unsafe to persons or
property, or declared in other sections of this code to be in
violation of this code, the administrative authority shall
make, or cause to be made an appropriate investigation and,
upon determining that there exists a violation of this code,
shall order any person, firm, association or corporation in
violation of this code to discontinue the use or maintenance
thereof, or to repair, alter, change, remove or demolish same
as may be necessary for the protection of persons or property,
and he shall have the authority to disconnect or to order the
utility company to discontinue electrical service to said elec-
trical equipment, which shall remain disconnected until the admin-
istrative authority approves reconnection of the electrical service.
In cases of emergency, where necessary for the safety of persons
or property, or where electrical equipment may interfere with the
work of the fire department, the administrative authority shall
have the authority to disconnect or cause the disconnection of
any electrical equipment immediately.
Every such order shall be in writing, addressed to the owner,
agent or person responsible for the premises in which such con-
dition exists and shall specify the date or time for compliance
with such order.
(c ) Refusal, failure or neglect to comply with any such
notice or order shall be considered a violation of this code.
(d) When any electrical installation is maintained in
violation of this code or in violation of any notice issued
3.
pursuant to the provisions of this section, the administrative
authority may institute any appropriate action or proceeding
in any court of competent jurisdiction to prevent, restrain,
correct, or abate the violation of this code..
17. 48 - 080 Permit--Requirements.
(a) It shall be unlawful for any person to install, remove,
E alter, repair or replace or cause to be installed, removed,
altered, repaired or replaced any electrical installation regu-
lated by this code without first obtaining a permit to do such
work from the administrative authority.
(b) A separate permit shall be obtained for each building
or structure. Exception: One permit may be used to cover a
residential structure and accessory structures appurtenant
thereto.
(c ) No permittee shall allow any other person to do or
cause to be done any work under a permit secured by him except
s h' 1 Der sons in is employ.
.
p Y
(d) The issuance or granting of a permit or approval of
Dlans and specifications shall not be deemed or construed to
be a permit for, or an approval of, any violation of any
of the provisions of this code. No permit presuming to give
authority to violate or cancel the provisions of this code
shall be valid, except insofar as the work or use which it
authorized is lawful.
(e) The issuance or granting of a permit or approval of
plans shall not prevent the administrative authority from
thereafter requiring the correction of errors in said plans
and specifications, from preventing construction operations
from being carried on thereunder when in violation of this
code or any other Huntington Beach Municipal Code provision,
or from revoking any certificate of approval when issued in
error.
(f) Every permit issued by the administrative authority
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 one hundred twenty (120) days from 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 one hundred twenty (120) days . Before such
work can be recommenced a new permit shall be first obtained
to do so, and the fee therefor shall be one-half 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 speci-
fications for such work; and provided, further, that such sus-
pension or abandonment has not exceeded one Cl) year.
4 .
17. 48. 090 Permit_--Issuance. No permit to do or cause
to be done any work regulated by this code shall be issued to
any person other than a person holding a valid Contractor' s
License as provided in Chapter 9 of the California Business and
Professions Code.
EXCEPTIONS:
(a) Any permit required by this code may be issued to any
person to do work regulated by this code in a single family
dwelling used exclusively for living purposes, including the
usual accessory buildings and quarters in connection with such
buildings provided such person is the bona bide owner of such
dwelling and accessory buildings, that the same are occupied
by said owner, and that said owner shall purchase all material
and shall personally perform all labor in connection therewith.
(b ) Any permit required by this code may be issued to an
owner of property, building or improving structures thereon, or
appurtenances thereto, who does such work himself or through
his regular employees with wages as their sole compensation;
provided that such owner of property or employees are found by
the administrative authority to be qualified to supervise and
direct electrical installations, as specified in Section 17. 48 .200 .
(c ) Any permit required by this code may be issued to any
person, firm or corporation that employs a full-time maintenance
electrician as specified in Section 17. 48 .200 .
17. 48 .100 Permit--Application. Any person legally en-
titled to apply for and receive a permit shall make application
on forms provided for that purpose . He shall give a description
of the character of the work proposed to be done, the amount
and kind of work, and the location, ownership, occupancy and
use of the premises in connection therewith. The administrative
authority may require plans, specifications or drawings and
such other information as he may deem necessary to assure
compliance with the provisions of this code.
If the administrative authority determines that the plans,
specifications, drawings , descriptions or information furnished
by the applicant are in compliance with this code, he shall
issue the permit applied for upon payment of the required fee
as hereinafter fixed.
17 . 48.110 Fee--Tnvestigation. Any person who shall commence
any work for which a permit is required by this code without
first having obtained a permit therefor shall, if subsequently
permitted to obtain a permit, pay an investigation fee in the
manner and amount set forth in the Huntington Beach Building
Code. This provision shall not apply to emergency work when
it shall be proved to the satisfaction of the administrative
authority that such work was urgently necessary and that it was
not practical to obtain a permit therefor before the commence-
ment of the work. Tn all such cases a permit must be obtained
as soon as it is practical to do so, and if there be an un-
reasonable delay in obtaining such permit, an investigation
fee as required by this section shall be charged.
5,.
'17. 48. 120 Fees--Special services. At the request of an
applicant the administrative authority may authorize the per-
formance of special services not otherwise required by this code
nor included in the schedule of fees established herein. Such
special services shall be provided in the manner and on the
bases established by the Huntington Beach Building Code for such
special services .
17.48.130 Fees--permits. Every applicant shall pay for
each permit, at the time of making application, a fee in accord-
ance with the following schedule, and at the rate provided
I for each classification shown herein:
i For issuing each permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3.00
For single and multiple family residential $0. 0125
ner sq. ft . for outlets and lighting; plus the
fees set forth below for additional installations .
For each service meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6. 00
Each self-contained, factory-wired, approved unit
such as cooking appliances, home appliances,
heating appliances, heaters, vegetable cases,
drinking fountains, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 00
Radiant ceiling heat per room . . . . . . . . . . . . . . . . . . . . . . 1.50
Fixtures :
First twenty (20) fixtures, each . . . . . . . . . . . . . . 0 .25
Each additional fixture . . . . . . . . . . . . . . . . . . . . . . . 0.15
Each mercury vapor fixture on pole . . . . . . . . . . . . 1.50
Each additional mercury vapor fixture on
same pole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 .50
Generators, Motors and Transformers :
H.P. ,K.W. , or K.V.A. Rating of Equipment
Up to and including one (1) . . . . . . . . . . . . . . . . . . . 2.00
Over one (1) and not over five (5) . . . . . . . . . . . . 3 .50
Over five (5) and not over fifteen (15) . . . . . . . 5 .00
Over fifteen (15) and not over fifty (50) . . . . . 6 .50
Over fifty (50) and not over
One hundred (100) . . . . . . . . . . . . . . . . . . . . . . . . 10. 00
Over one hundred (100) and not over
five hundred (500) . . . . . . . . . . . . . . . . . . . . . . . 15. 00
Over five hundred (500) . . . . . . . . . . . . . . . . . . . . . . . 20. 00
Outlets:
First twenty (20 ) outlets, each . . . . . . . . . . . . . . . 0 .25
Each additional outlet . . . . . . . . 0.15
Each five (5) feet or fraction thereof
multiple outlet assembly . . . . . . . . . . . . . . . . . 0 .15
Each multiple appliance outlet assembly . . . . . . . 1.50
6.
Signs, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 .00
Temporary Service:
Temporary work with service (each meter) . . . . . . 25.00
Each temporary, permanent, subpole or con-
struction pole . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . 00
Plus service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . 00
Temporary Construction Lighting:
Fiftylamps or less . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . 00
Fifty-one to five hundred lamps . . . . . . . . . . . . . . . 5 . 00
Over five hundred lamps 8 .00
Each time clock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .25
Inspections for which no fee is herein prescribed:
Each inspection, per hour (112 hour minimum) . . . 10.00
17. 48 .140 Monthly permit. In lieu of an individual permit
for each installation or alteration, any business, firm, or
corporation that employs one or more full-time maintenance
electrician may obtain electrical permits on a monthly basis .
Such permit shall be secured not later than 15 days after
the end of each month and shall include all electrical work
done during that month.
17. 48.150 Fees--Additional inspections.
(a) Each permit shall be entitled to one reinspection,
without additional charge, in addition to the required number
of inspections established by the department of building and
community development .
(b) If more inspection trips than specified in this
section are required due to the fault or error on the part of
the installer or his employees, an additional fee of Five
Dollars ($5) may be required of the installer for each such
additional inspection trip.
17 . 48.160 Fees--Refund. When construction authorized
by a permit is not begun and no inspections have been made,
the administrative authority shall, upon written request from
the permittee, make refund of fees subject to the following
limitations:
(a) No refund shall be made of the basic issuing fee.
(b) No refund of fees or any part thereof shall be
made for any permit which has expired as provided in Section
17 . 48. 080 .
17. 48. 170 Inspections. All electrical installations shall
be inspected by the administrative authority to insure com-
pliance with all the requirements of this code.
7 .
17. 48 .180 Notification. It shall be the duty of the
permittee to notify the administrative authority, orally or
in writing, that said work is ready for inspection not less than
twenty-four (24) hours before the work is to be inspected.
It shall be the duty of the permittee to make sure that
the work will stand the tests prescribed elsewhere in this code,
before giving the above notification.
17. 48 .190 Board of appeals . The board of appeals shall
be that board of appeals as established by the Huntington Beach
Building Code and shall have the authority, powers and duties
as set forth therein.
17. 48. 200 Maintenance electrician.
(a) A maintenance electrician is a person who has been
found by the administrative authority to be qualified to
supervise electrical installations . Rules for the qualifi-
cation of maintenance electricians shall be determined by the
administrative authority.
(b ) The fee for examination, registration, and renewal
of qualification as a maintenance electrician shall be Twenty
Dollars ($20) per year, payable annually in advance. Unless
sooner revoked or suspended, such certification shall expire
on June 30 of each year.
17. 48. 210. Section 250-81 of the National Electrical Code
is amended to read as follows:
250-81 Water Pipe Electrode. Where available on the
premises, a metal underground water pipe shall always be used
as the grounding electrode, regardless of its length and whether
supplied by a community or a local underground water piping
_system or by a well on the premises . Where the buried portion
of the water pipe (including any metal well casing effectively
bonded to the pipe) is less than 10 feet long or where the
water pipe is or is likely to be isolated by insulated sections
or joints so that the effectively grounded portion is less than
10 feet long, it shall be supplemented by the use of an additional
electrode of a type specified by Section 250-82 or 250-83. The
interior metal cold water pipe system shall always be bonded
to the service-equipment enclosure, the grounded conductor at
the service, the grounding electrode conductor where of suffi-
cient size, or to the one or more grounding electrodes used.
In addition to the water pipe electrode required
above, concrete encased electrodes shall be provided as required
in Section 250-83(a) .
Expanding use of nonmetallic piping for water systems
and insulating couplings on metal water systems makes it more
important that water piping within a building be adequately
grounded without depending on connections to an outside piping
system.
8 .
17. 48. 220. Section 310-5 of the National Electrical Code
is amended to read as follows:
310-5 Minimum Size of Conductors . Whether solid or
stranded, conductors shall not be smaller than No . 14 copper,
No. 4 aluminum or No. 12 copper-clad aluminum.
Exception No. 1: For flexible cords as permitted by
Section 400-12 .
Exception No. 2: For fixture wire as permitted by
Section 410-23.
Exception No. 3: For fractional hp motors as permitted
by Section 430-22 .
Exception No. 4: For cranes and hoists as permitted
by Section 610-14 .
Exception No. 5: For elevator control and signaling
circuits as permitted by Section 620-12.
Exception No. 6 : For Class 1, Class 2, and Class 3
circuits as permitted by Section 725-16, 725-33, and 725-40 .
Exception No . 7: For fire protective signaling
circuits as permitted by Sections 760-16 and 760-30 .
It shall be unlawful for any person, firm or corporation,
either as an owner, architect, contractor, artisan, or otherwise ,
to terminate or to connect to any other conductor, any solid
size No. 4 American Wire Gauge or smaller aluminum conductor
in residential construction branch circuit wiring.
17. 48. 230. Section 336-3 of the National Electrical Code
is amended to read as follows :
336-3 Uses Permitted or Not Permitted. No Type NM
or Type NMC cable shall be permitted except in one and two
family dwellings and in multiple dwellings not exceeding three
stories in height .
17. 48. 240 . Section 348-1 of the National Electrical Code
is amended to read as follows:
348-1 Use. The use of electrical metallic tubing
shall be permitted for both exposed and concealed work. Elec-
trical metallic tubing shall not be used: (1) where during
installation or afterward, it will be subject to severe physical
damage; (2 ) where protected from corrosion solely by enamel;
( 3) in cinder concrete or cinder fill where subject to per-
manent moisture unless protected on all sides by a layer of
noncinder concrete at least 2 inches thick or unless the tubing
is at least 18 inches under the fill; (4) where exposed to the
weather; (5) in the ground. Where practicable, dissimilar
9 •
r-aetals in contact anywhere in the system shall be avoided to
eliminate the possibility of galvanic action.
Unless made of a material judged suitable for the
condition, or unless corrosion protection approved for the
condition is provided, ferrous or nonferrous electrical metallic
tubing, elbows , couplings , and fittings shall not be installed
in concrete, in direct contact with the earth, or in areas
subject to severe corrosive influences .
17. 48. 250 Change of occupancy. When any building or
structure or portion thereof is placed in a different occupancy
classification, those portions directly affected by such occu-
pancy change shall be wired in compliance with the provisions
of this code .
17. 48. 260 Violations and penalties . It shall be unlawful
for any person, firm, or corporation to install, enlarge, alter,
repair, move, improve , remove, convert or demolish, equip,
use, or maintain any electrical installation in the city, or
cause or permit the same to be done, contrary to or in violation
of any of the provisions of this code .
Any person, firm, or corporation violating any of
the provisions of this code shall be guilty of a misdemeanor,
and each such person shall be guilty of a separate offense
for each and every day or portion thereof during which any
violation of any of the provisions of this code is committed,
continued, or permitted.
SECTION 3. The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Ordinance Code relating to the same subject
matter shall be construed as restatements and continuations
and not as new enactments .
SECTION 4. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a weekly
newspaper of general circulation, printed and published in
Huntington Beach, California.
PASSED AND ADOPTED by the .City Council of the City of
Huntington Beach at a regular meeting thereof held on the
21st day of March, 1977.
ATTEST: - ✓ ��-- --�C. ./
Alicia M. Wentworth Mayor
City Clerk
Deputy City Clerk 62, 10 .
REVIEWED AND APPROVED : APPROVED AS TO FORM:
�-
Ai2!eyA-dministrator City Attorney
INITIATED AND APPROVED AS TO CONTENT :
I�
,a
11.
Ord. No. 2173
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of member$ of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 22nd day of February
19 77 , and was again read to said City Council at a regular
meeting thereof held on the 21st day of March 19 77 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Coen, Gibbs, Pattinson, Shenkman, Siebert, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
None
Alicia M. Wentworth
City Clerk and ex-officio ,Clerk
of the City Council of the City
of Huntington Beach, California
By
_ &V"�
Deputy City erz
I, Alicia Pq VT:n+woi,h C'IY C'L'ZK of tha C'ty cf
Huntingon zind. cf thn
Council, c ,. r, 1,Y , ' .i :a
be eV } t r+ tx A �i U i Beach. i I' vs Un
In a core .nc� l,arer of said City.
A�ICIA M. WENTwORTH
_ Cit Clerk
_•.._... y -•--
Deputy y Clerk