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Ordinance 2005-65 ORDINANCE NO. 2005- 65 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2001-06; ADOPTING THE 2005 EDITION OF THE NATIONAL ELECTRICAL CODE AND ADOPTING AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance No. 2001-06; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2005 Edition of the National Electrical Code, with the amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2001-06 Repealed. Wylie Ordinance No. 2001-06 is repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2001-06 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2001-06 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2005 National Electrical Code. The 2005 National Electrical Code, copyrighted by the National Fire Protection Association, save and except the amendments set forth below, is hereby adopted as the electrical code for Wylie, prescribing regulations constituting minimum requirements and standards in Wylie (the "2005 National Electrical Code"). The 2005 National Electrical Code, save and except the amendments set forth herein, is made a part this Ordinance as if fully set forth herein. One (1) copy of the 2005 National Electrical Code, copyrighted by the National Fire Protection Association is on file in the office of the City Secretary of Wylie being marked and designated as the 2005 National Electrical Code. SECTION 4: Amendment to the 2005 National Electrical Code. The 2005 National Electrical Code is hereby amended for the City of Wylie as set forth in Exhibit "A", which is attached hereto and incorporated for all purposes as if fully set forth herein. Ordinance No. 2005-65 Repealing Ordinance No. 2001-06 and Adopting 2005 National Electrical Code 428854-1 Page 1 SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a property maintenance code is hereby amended to refer to the 2005 National Electrical Code as it is adopted herein or may be subsequently amended. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NOli 00 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law . SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 1 ih day of November, 2005. .."",,~::kf: \\11 1111 ~ ,,\ OF I...; I" " If V }; '/ ATTESTED AND CORRECT~!~:.,..""""""'~.0\ RECORDED: E v:, e..--=-_::::Y ... ~ ~ : SEt\L ~ ~ \. 'e~:;::::"'jl /: :;.": "'to) "eO! _ .....:::- ~ ~..QI'>O,...;,~c...~ t::r-C:; ,,-"" _/ t'! I C It,i... ,,,, " - '-, ,\' 11111111<1,1\\ Date to be published in The Wvlie News - November 30. 2005 Ordinance No. 2005-65 Repealing Ordinance No. 2001-06 and Adopting 2005 National Electrical Code 428854- ] Page 2 EXHIBIT" A" City of Wylie Amendments to the 2005 National Electrical Code The following sections, paragraphs, and sentences of the 2005 National Electric Code are hereby amended as follows: Standard type is text from the NEC. Underlined type is text inserted. Lined through typo i& deleted toxt from ~JEC. ~"JlflUf1.)!iRj4.~.i'ml~'~~N'.ln 'm~.-!'k.'i'w.tl"_~%C~~,~~~ ill fjm{ls]!JClni".'iff1'n(~ ~ ..aIIY I_J'11 "Section 230.71(A) add an exception. 230.71 Maximum Number of Disconnects. (A) General. The service disconnecting means for each service permitted by 230.2, or for each set of service-entrance conductors permitted by 230.40, Exception Nos. 1, 3, 4, or 5, shall consist of not more than six switches or sets of circuit breakers, mounted in a single enclosure, in a group of separate enclosures, or in or on a switchboard. There shall be no more than six sets of disconnects per service grouped in anyone location. For the purpose...{text unchanged}...shall not be considered a service disconnecting means. Exceotion: Multi-occuoant Buildinas. Individual service disconnectina means is limited to six for each occuoant. The number of individual disconnects at one location mav exceed six. <Q7~ ,i It ru~tt. .'l8~rm'[ffi}1;~~~~~"f'm}$~'tiliPl.t~+~~,;':)l~&-t#<i.itt%;iflJ4&JaQ~;W~"!0,tSj/#k't$ti'21&imt "Section 300.11 add an exception. 300.11 Securing and Supporting. (A) Secured in Place. Raceways, cable assemblies, boxes, cabinets, and fittings shall be securely fastened in place. Support wires that do not provide secure support shall not be permitted as the sole support. Support wires and associated fittings that provide secure support and that are installed in addition to the ceiling grid support wires shall be permitted as the sole support. Where independent support wires are used, they shall be secured at both ends. Cables and raceways shall not be supported by ceiling grids. Exceotion: Ceilina arid suooort wires mav be used for structural suooorts when the associated wirina is located in that area. not more than two racewavs or cables suooorted oer wire. with a maximum nominal metric desianation 16 (trade size W'). ~~.1111.- - ~~fr-m_:$'~~~JlW2~~f;itfjWiiUN~t:::t\j~~~.*tlim'!;::j:t.Yj;tJ~~~"'. Ordinance No. 2005-65 Repealing Ordinance No. 2001-06 and Adopting 2005 National Electrical Code 428854- ] Page 3 "Section 310.15(8)(6) change to read as follows: 310.15 Ampacities for Conductors Rated 0-2000 Volts. (6) Tables. (6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(8)(6), shall be...{text unchanged}...provided the requirements of 215.2, 220.61, and 230.42 are met. This Section shall not be used in coniunction with 220.82. ---.rrP.WI~"~~{'."', "Section 500.8(A)(1) change to read as follows: 500.8 Equipment. (A) Approval for Class and Properties. (1) Equipment shall be identified.. . {text unchanged}...the maximum surface temperatures specified in 503.1. FPN: Luminaries (lighting fixtures) and other heat-producing apparatus.. .{text unchanged}...see Exception NO.3 to 500.8(8). Sblitability of identified equipment shall 98 €lotormino€l by any of the fGllewing: (1) EquipFrlent listing or labeling (2) E,:ieence of equipment evaluation from a qualified testing laboratory or inspection agency GenGernoe with product evaluation (J) Evid8nco 3cceptablo to the authority having jurisdictien such as a Frlanufactblrer's self evaluation or an owner's engineering judgment. LMllm. ~ L~1kl 1..,.iitll!fI'4~i"'.~_~J'Ji:*'jj~il;W'iilm0~ifJN#f!Wl"I@ji~~~{_~'W'~~'~l'--TT lI~J1ltJM Mmlilii .~i Ordinance No. 2005-65 Repealing Ordinance No. 2001-06 and Adopting 2005 National Electrical Code 428854-1 Page 4