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Ordinance 2013-13ORDINANCE NO. 2013-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2012 -40; ADOPTING THE 2011 EDITION OF THE NATIONAL ELECTRIC CODE FOR COMMERCIAL AND RESIDENTIAL BUILDINGS, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; AMENDING ARTICLE VII (ELECTRICAL CODE) OF CHAPTER 22 (BUILDINGS AND BUILDING REGULATIONS) OF PART II OF THE WYLIE CODE OF ORDINANCES; 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. 2012 -40; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to amend Article VII (Electrical Code) of Chapter 22 (Buildings and Building Regulations) of Part II of the Wylie Code of Ordinances; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2011 Edition of the National Electric Code for commercial and residential buildings, save and except the deletions and amendments set forth below (the "2011 National Electric Code "). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incolporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2012 -40 Repealed. Wylie Ordinance No. 2012 -40 is repealed in its entirety and replaced by this Ordinance.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shall not occur until the effective date of this Ordinance at which time Ordinance No. Ordinance No. 2012 -40 shall be repealed.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. 2012 -40 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2011 National Electric Code. The National Electric Code, �-� copyrighted by the National Fire Protection Association, Inc., save and except the amendments set forth in Exhibit "A ", attached hereto and incorporated herein for all purposes ( "2011 National Electric Code "), is hereby adopted, prescribing regulations applicable to all commercial or Ordinance No. 2013 -13 Repealing Ordinance No 2012 -40 Adopting the 2011 Edition of the National Electric Code Page 1 623118.1 residential structures and existing premises and constitutes minimum requirements and standards for construction applications. The 2011 National Electric Code is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2011 National Electric Code is on file in the office of the City Secretary of Wylie being marked and designated as the 2011 National Electric Code. SECTION 4: Amendment to Article VII (Electrical Code) of Chapter 22 (Buildings and Building Regulations) of Part II of the Wylie Code of Ordinances. Article VII (Electrical Code) of Chapter 22 (Buildings and Building Regulations) of Part II of the Wylie Code of Ordinances, is hereby amended to reflect the adoption of the 2011 National Electric Code, including any amendments set forth in Exhibit "A ". 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 building code is hereby amended to refer to the 2011 National Electric 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 FIVE HUNDRED AND NO /100 DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO /100 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 any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. Ordinance No. 2013 -13 Repealing Ordinance No 2012 -40 Adopting the 2011 Edition of the National Electric Code 623118.1 Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 26th day of February 2013. ATTESTED AND CORRECTLY RECORDED: C role Ehrlich, rty Secretary Date(s) of Publication: tiJ Oaf c h Lp, 2013 in the Wylie News Ordinance No. 2013 -13 Repealing Ordinance No 2012 -40 Adopting the 2011 Edition of the National Electric Code 623118.1 Page 3 EXHIBIT "A" Amendments to the 2011 National Electrical Code The following sections, paragraphs and sentences of the 2011 National Electric Code are hereby amended as follows: The following articles, paragraphs, and sentences of the 2011 National Electrical Code (NEC) are hereby amended as follows. Standard type is text from the NEC. Underlined type is text inserted. Article 100, Part 1; amend the following definition: Intersystem Bonding Termination. A device that provides a means for connecting bonding conductors for communication systems and other systems such as metallic gas piping systems to the grounding electrode system. (REASON FOR CHANGE: To allow for a termination point for other bonding conductors in addition to communication systems that are required by the various model codes.) Article 110.2; amend or to read as follows: 110,2; Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved. Approval of equipment may be evident by listing and labeling of equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that laboratory or a qualified third party inspection agency approved by the AHJ. Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is field modified is subject to the approval by the AHJ. The approval may be by a field evaluation by a NRTL or qualified third party inspection agency approved by the AHJ. Manufacturer's self - certification of any equipment shall not be used as a basis for approval by the AHJ. Informational Note: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of Approved, Identified, Labeled and Listed. (REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval of unlisted equipment.) Ordinance No. 2013 -13 Repealing Ordinance No 2012 -40 Adopting the 2011 Edition of the National Electric Code 623118.1 Page 4 Article 230.71(A); add the following exception: Exception: Multi - occupant buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. (REASON FOR CHANGE: This is currently the accepted installation practice of the region. No noteworthy complaints have surfaced. It is more reasonable than the current NEC requirements. It allows more than six disconnects grounded at one location. This also allows designers more flexibility in the placement of electrical meters and main service disconnects.) Article 240.91; delete the article. (REASON FOR CHANGE: Present day equipment is not listed and has not been evaluated for the use. Removing this article may prevent both installers and AHJ's from misapplying the Code.) Article 300.11; add the following exception: Exception: Ceiling grid support wires may be used for structural supports when the associated wiring is located in that area, not more than two raceways or cables supported per wire with a maximum nominal metric designation 16 (trade size % "). (REASON FOR CHANGE: To provide limited support of raceways and cables by ceiling grid support wire.) Article 310.15(B)(7); amended to read as follows: (7) 120/240 -Volt, 3 -Wire, Single -Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(7), shall be... (text unchanged} ... provided the requirements of 215.2, 220.61, and 230.42 are met. The Article shall not be used in conjunction with 220.82. (REASON FOR CHANGE: To provide a more reasonable margin of safety for dwelling service and feeder conductor allowable ampacities.) Article 310.106 (B) Conductor Material: amended section to read as follows: Section 310.106 (B) Conductor Material. Conductors in this article shall be of copper. The use of Aluminum or Copper Clad Aluminum wire beyond the line side of the utility contractors connection point to the meter base is strictly prohibited within the City of Wylie. Ordinance No. 2013 -13 Repealing Ordinance No 2012 -40 Adopting the 2011 Edition of the National Electric Code 623118.1 Page 5 Article 500.8(A)(3); amended to read as follows: 500.8 Equipment. Articles 500 through 504 require equipment construction and installation standards that ensure safe performance under conditions of proper use and maintenance. Informational Note #1: It is important that inspection authorities and users exercise more than ordinary care with regard to installation and maintenance. Informational Note #2: Since there is no consistent relationship between explosion properties and ignition temperature, the two are independent requirements. Informational Note #3: Low ambient conditions require special consideration. Explosion proof or dust - ignition proof equipment may not be suitable for use at temperatures lower than -25 °C ( -13 °F) unless they are identified for low- temperature service. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified as Class 1, Division 1 at normal ambient temperature. (A) Suitability. Suitability of identified equipment shall be determined by one of the following: 1. Equipment listing or labeling. 2. Evidence of equipment evaluation from a qualified testing laboratory or inspection agency concerned with product evaluation. 3. Evidence acceptable to the authority having jurisdiction such as a manufacturer's self - evaluation or an owner's engineering judgment signed and sealed by a qualified Licenses Professional Engineer. Informational Note: Additional documentation for equipment may include certificates demonstrating compliance with applicable equipment standards, indicating special conditions of use, and other pertinent information. Guidelines for certificates may be found in ANSUISA 12.00.02, Certificate Standard for AEX Equipment for Hazardous (Classified) Locations. (REASON FOR CHANGE: To better define the qualifications for an engineering judgment.) Article 505.7(A); amended to read as follows: 505.7 Special Precaution. Article 505 requires equipment construction and installation that ensures safe performance under conditions of proper use and maintenance. Informational Note #1: It is important that inspection authorities and users exercise more than ordinary care with regard to the installation and maintenance of electrical equipment in hazardous (classified) locations. Ordinance No. 2013 -13 Repealing Ordinance No 2012 -40 Adopting the 2011 Edition of the National Electric Code 623118.1 Page 6 ,„. Informational Note #2: Low ambient conditions require special consideration. Electrical equipment depending on the protection techniques described by 505.8(A) may not be suitable for use at temperatures lower than -20 °C ( -4 °F) unless they are identified for use at lower temperatures. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified Class 1, Zones 0, 1, or 2 at normal ambient temperature. Implementation of Zone Classification System. Classification of areas, engineering and design, selection of equipment and wiring methods, installation, and inspection shall be performed by a qualified persens-- Licensed Professional Engineer. (REASON FOR CHANGE: To better identify who is qualified to implement Zone Classification Systems.) Article 680.25(A); amended to read as follows: 680.25 Feeders. Feeders shall be installed in rigid metal conduit or intermediate metal conduit. The following wiring methods shall be permitted if not subject to physical damage: (A) Wiring Methods. 1. Feeders shall be installed in rigid metal conduit or intermediate metal conduit. The following wiring methods shall be permitted if not subject to physical damage. a. Liquid tight flexible nonmetallic conduit b. Rigid polyvinyl chloride conduit c. Reinforced thermosetting resin conduit d. Electrical metallic tubing where installed on or within a building e. Electrical nonmetallic tubing where installed within a building f. Type MC cable where installed within a building and if not subject to corrosive environment g. Nonmetallic- sheathed cable h. Type SE cable Exception An existing feeder between an existing remote panel board and service equipment shall be permitted to run in flexible metal conduit or an approved cable assembly that includes an equipment -grounding conductor within its outer sheath The equipment grounding conductor shall comply with 250.250)(5). (REASON FOR CHANGE: To allow for more flexibility of wiring methods associated with this type of installation.) Ordinance No. 2013 -13 Repealing Ordinance No 2012 -40 Adopting the 2011 Edition of the National Electric Code 623118.1 Page 7 TOO 'I'll Illet biliv 2t unc • :Murphy Monitor • The. Princeton I Jerald THE WYLIE NEWS media STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinances 2013 -K 2o13-�i, 2o13-t012o13•Il, Zo13 -t21 was published in said newspaper on the following dates, to -wit: Zp 13 . t3 , 2013 -1S March 6, 2013 Chad Engbrock, Publisher � Subscribed and sworn before me on this, the a- _day of fflovl� '2013 to certify which witness my hand and seal of office. RE APR 0 4 3 ._ My COMMISSION EXPIRES wch 21, 2017 Notary Public in an for The State of Texas My commission expires M rulihN 5ach c ;WV Iic ()II`icc • I ION. P,alIard • P.O. Boy : ;o9 • WN,Iit% ( X 75098 • 972.442..5515 • larx 972 442 4; 18 1 Arnwr,v iI1.7Princeton (Micc • 101 S. Mam • II,O. Bov 512 • hiI rile] s -iIIe, hX 75442 • 97' 784 -6397 • 1'.tx 972 782- 7(}2,; ORDIN ANCE N0.2013-08 AN ORDINANC OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEAL- ING ORDINANCE NO. 2012 -30; ADOPTING THE 2012 EDITION OF THE INTERNA- TIONAL BUILD- ING . CODE FOR COMMERCIAL BUILDINGS, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; AMEND- ING ARTICLE III (BUILDING CODE) OF CHAPTER 22 (BUILDINGS AND BUILDING REG- ULATIONS) OF PART II OF THE WYLIE CODE OF ORDINANCES; PROVIDING , FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS OR- DINANCE; AND PROVIDING FOR THE PUBLICA- TION OFTHE CAP - MN HEREOF. ORDINANCE NO. 2013-" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEAL- ING ORDINANCE NO. 2012 -34, ADOPTING THE 2012 EDITION OF THE INTER- NATIONAL FUEL GAS CODE FOR COMMERCIAL BUILDINGS, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HERE- IN; AMENDING ARTICLE XXII (INTERNATIONAL FUEL GAS CODE) OF CHAPTER 22 (BUILDINGS AND BUILDING REG- ULATIONS) OF PART H OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS OR- DINANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE CAP- TION HEM. ORDINANO NO. 2013-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2012 -35; ADOPT ING THE 2012 EDITION OF THE INTERNATIONAL MECHANICAL CODE FOR COM- MERCIAL BUILD- INGS, SAVE AND EXCEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE - IN; AMENDING ARTICLE V (ME- CHANICAL CODE) OF CHAPTER 22 (BUILDINGS AND BUILDING REG- ULATIONS) OF PART II OF THE WYLIE CODE OF ORDINANCE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS OR- DINANCE; AND PROVIDING FOR THB PUBLICA- TiON OF THE CAP - TIM HEREOF. ORMANCE NO. 2013-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEAL- ING ORDINANCE NO. 2012 -36; ADOPTING THE 2012 EDITION OF THE INTERNA- TIONAL PLUMB- ING CODE FOR COMMERCIAL BUILDINGS, SAVE AND EXCEPT THE DELETIONS AND AMEND- MENTS . SET FORTH HEREIN; AMENDING ARTI- CLE IV (PLUMB- ING CODE) OF CHAPTER 22 (BUILDINGS AND BUILDING REG- ULATIONS) OF PART H OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; 'PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS OR- DIN NCE; AND PROVIDING THE P CA- TIO CAP - TI�SN HEREOF. 2C March 6 - 7, 2013 ORDINANCE NO. 2013-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2012 -38; ADOPT- ING THE 2012 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE FOR RESI- DENTIAL BUILD- INGS, SAVE AND EXCEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HEREIN; AMEND- ING ARTICLE XIX (INTERNA- TIONAL RESI- DENTIAL CODE) OF CHAPTER 22 (BUILDINGS AND BUILDING REG- ULATIONS) OF PART II OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS OR- DINANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE CAP- TION HEREOF. OANCE NO X13`13 AN ORDINANCE OF : THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, :REPEAL - ING ORDINANCE NO. 2012 -40; ADOPTING_ THE 20i f EDITION OF THE NATIONAL ELECTRIC CODE FOR CL4LL J- DENTIAL BUILD- INGS, SAVE AND EXCEPT THE- . DELETIONS. AND AmEND- MENTS SET NTH HEREIN; AMENDING AR- TICLE VII (ELEC- TRICAL CODE) OF CI3A . R 22 (BUILDINGS AND BUILDING , REG- ULATIONS) OF PART II OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR TAE VIOLATION OF THIS ORDI NANCE, PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL_ ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS OR- DINANCE; AND PROVIDING FOR THE PUBLICA- TION 4FT'HE CAS'•. TION . HERF. OEANCE N0.1013.15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING EX- HIBIT "A OF OR- DINANCE NO. 2010 -20 (CON- SOLIDATED FEE ORDINANCE) AND SECTION lI (GARBAGE, TRASH, AND BRUSH FEES) OF APPENDIX C (WYLIE COM- PREHENSIVE FEE SCHEDULE) OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY, Fo THE VIOLATION Oiiii- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL_ ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLI- CATION OF THE CAPTION HERE, OF. 43- It- 342,334