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Ordinance 2017-40ORDINANCE NO. 2017-40 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2012-40; ADOPTING THE 2017 EDITION OF THE NATIONAL ELECTRICAL CODE, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; 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 the citizens of Wylie to adopt the 2017 Edition of the National Electrical Code for commercial buildings, save and except the deletions and 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 SECTION 2: Ordinance No. 2012-40 Repealed. Wylie Ordinance No. 2012-40 is repealed in its entirety and replaced by this Ordinance.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in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2012-40 shall be repealed.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 2017 National Electrical Code. The National Electrical 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, is hereby adopted as the commercial electrical code for Wylie, prescribing regulations applicable to all commercial buildings, existing premises and structures and constitutes minimum requirements and standards for commercial buildings and existing premises construction applications (the "2017 National Electrical Code"). The 2017 National Electrical Code is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2017 National Electrical Code is on file in the office of the City Secretary of Wylie being marked and designated as the 2017 National Electrical Code. Ordinance No. 2017-40 Repealing Ordinance No. 2012-40; Adopting the 2017 Edition of the National Electrical Code Page 1 SECTION 4: Savings/Repealing Clause. AU 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 an electrical code is hereby amended to refer to the 2017 National Electrical Code as it is adopted herein or may be subsequently amended. SECTION 5: 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 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 6: 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 7: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of December, 2017. ATTESTED AND CO RECTLY REC10,:fi ED: Carole Ehrlich, City Secretary Date(s) of Publication: December 20, 2017 in the Wylie News; Ordinance No. 2017-40 Repealing Ordinance No. 2012-40; Adopting the 2017 Edition of the National Electrical Code Page 2 Exhibit A Recommended Amendments to the 2017 National Electrical Code North Central Texas Council of Governments The following articles, paragraphs, and sentences of the 2017 National Electrical Code (NEC) are hereby amended as follows: Standard type is text from the NEC. Highlighted with gray shading is text inserted. A double asterisk (**) at the beginning of an article identifies an amendment carried over from the 2014 edition of the code and a triple asterisk (***) identifies a new or revised amendment with the 2017 code. **Article 100; add the following to definitions: Engineering Supervision. Supervision by a Qualified State of Texas Licensed Professional Engineer engaged primarily in the design or maintenance of electrical installations. (REASON FOR CHANGE: To better define the qualifications for engineering supervision. This term is used twenty four times in the 2017 National Electrical Code.) ***Article 100; remove the amendment to the following definition: Intersystem Bonding Termination. A device that provides a means for connecting intersystem bonding conductors for communication systems to the grounding electrode system. (REASON FOR CHANGE: Remove the above amendment. Updates to the 2017 National Electrical Code Article 250.94(A) only accommodate connecting communication systems to an intersystem bonding termination device, but Article 250.94(B) provides an alternative or other means. **Article 110.2; change the following 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. Ordinance No. 2017-40 Repealing Ordinance No. 2012-40; Adopting the 2017 Edition of the National Electrical Code Page 3 Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is field modified is subject to the approval by the AHJ. This approval may be by a field evaluation by a NRTL or qualified third party inspection agency approved by the AHJ. Informational Note No. 1: 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. Informational Note No. 2: Manufacturer's self -certification of equipment may not necessarily comply with U.S. product safety standards as certified by an NRTL Informational Note No. 3: National Fire Protection Association (NFPA) 790 and 791 provide an example of an approved method for qualifying a third party inspection agency. (REASON FOR CHANGE: To add clarity and provide more positive options for enforcement and approval of unlisted equipment.) ***Article 210.52(G) (1) Garages: remove the amendment that deleted the following: (1) Garages. In each attached garage and in each detached garage with electric power. At least one receptacle outlet shall be installed for each car space. (REASON FOR CHANGE: Updates to this section in the 2017 National Electrical Code provided relief by removing "shall not supply outlets outside of the garage.') **Article 500.8 (A) (3); change to read as follows: 500.8 Equipment. Articles 500 through 504 require equipment construction and installation that ensure safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to installation and maintenance. Informational Note No. 2: Since there is no consistent relationship between explosion properties and ignition temperature, the two are independent requirements. Informational Note No. 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 Ordinance No. 2017-40 Repealing Ordinance No. 2012-40; Adopting the 2017 Edition of the National Electrical Code Page 4 (-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 I, 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; or, (3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self- evaluation or. An engineering judgment signed and sealed by a qualified licensed Professional Engineer in the State of Texas. Informational Note: Additional documentation for equipment may include certificates demonstrating compliance with applicable equipment standards, indicating special conditions of use, and other pertinent information. (REASON FOR CHANGE: Carry over from previous amendment with change to better define the qualifications for an engineering judgment.) **Article 505.7 (A) changed 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 No. 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. Informational Note No. 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 I, Zones 0, 1, or 2 at normal ambient temperature. (A) 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 licensed Professional Engineer in the State of Texas. (REASON FOR CHANGE: Carry over from previous amendment with change to better define the qualifications for an engineering judgment.) Ordinance No. 2017-40 Repealing Ordinance No. 2012-40; Adopting the 2017 Edition of the National Electrical Code Page 5 ***Article 517.30 Essential Electrical Systems for Hospitals; remove the amendment that created a new (H) and added the following language: (G) Coordination. Overcurrent protective devices serving the essential electrical system shall be coordinated for the period of time that a fault's duration extends beyond 0.1 second. Exception No. 1: Between transformer primary and secondary overcurrent protective devices, where only one overcurrent protective device or set of overcurrent protective devices exists on the transformer secondary. Exception No. 2: Between overcurrent protective devices of the same size (ampere rating) in series. Informational Note: The terms coordination and coordinated as used in this section do not cover the full range of overcurrent conditions. (REASON FOR CHANGE: Due to no action by the 2017 code -making panel 15 and NFPA 99, this amendment is not applicable.) ***Article 600.6(A) (1) At Point of Entry to a Sign; Exception 1 changed to read as follows: Exception No.1: A disconnect shall not be required for branch circuits(s) or feeder conductor(s) passing through the sign where enclosed in a Chapter 3 listed raceway or metal -jacketed cable identified for the location. The conductor(s) shall not serve the sign body or sign enclosure where passing through. ***Article 600.6(A) (1) At Point of Entry to a Sign; create a new Exception No. 2 to add the following language: Exception No. 2. A disconnect shall not be required at the point of entry to a sign body, sign enclosure, or pole for branch circuit conductor(s). The conductors shall be enclosed in a Chapter 3 listed raceway or metal -jacketed cable identified for the location. The conductor(s) shall be routed to a device box which contains the disconnect. A field -applied permanent warning label that is visible during servicing shall be applied to the raceway at or near the point of entry into the sign enclosure or sign body. The warning label shall comply with 110.21(B) and state the following: "Danger. This raceway contains energized conductors." The marking shall include the location of the disconnecting means for the energized conductor(s). The disconnecting means shall be capable of being locked in the open position in accordance with 110.25. ***Article 600.6(A) (1) At Point of Entry to a Sign; move the original Exception 2 to create a new Exception No. 3 and add the following language: Exception No. 3: A disconnect shall not be required at the point of entry to a sign enclosure or sign body for branch circuit(s) or feeder conductor(s) that supply an internal panelboard(s) in a sign enclosure or sign body. The conductors shall be enclosed in a Chapter 3 listed raceway or Ordinance No. 2017-40 Repealing Ordinance No. 2012-40; Adopting the 2017 Edition of the National Electrical Code Page 6 metal -jacketed cable identified for the location. A field -applied permanent warning label that is visible during servicing shall be applied to the raceway at or near the point of entry into the sign enclosure or sign body. The warning label shall comply with 110.21(B) and state the following: "Danger. This raceway contains energized conductors." The marking shall include the location of the disconnecting means for the energized conductor(s). The disconnecting means shall be capable of being locked in the open position in accordance with 110.25. (2017 Code) Informational Note: The location of the disconnect is intended to allow service or maintenance personnel complete and local control of the disconnecting means. (REASON FOR CHANGE: This is a modification of the nationwide sign manufacturing practice that was standard before the 2014 Code revision. It is more reasonable but not less than the current Code requirements. It provides local control of the disconnect by service personnel as the informational note suggests, while requiring a sign disconnect to be at or within sight of the sign. This also allows sign designers more flexibility in the placement of the disconnecting means in relation to the location of the sign.) ***Article 680.25(A) remove the amendment that added the following language and exception: 680.25 Feeders. These provisions shall apply to any feeder on the supply side of panelboards supplying branch circuits for pool equipment covered in Part II of this article and on the load side of the service equipment or the source of a separately derived system. (A) Wiring Methods. (1) Feeders. Feeders shall be installed in rigid metal conduit, intermediate metal conduit. The following wiring methods shall be permitted if not subject to physical damage: (1) Liquidtight flexible nonmetallic conduit (2) Rigid polyvinyl chloride conduit (3) Reinforced thermosetting resin conduit (4) Electrical metallic tubing where installed on or in a building (5) Electrical nonmetallic tubing where installed within a building (6) Type MC Cable where installed within a building and if not subject to corrosive environment (REASON FOR CHANGE: Updates to this section in the 2017 National Electrical Code provided relief by recognizing these wiring methods.) Ordinance No. 2017-40 Repealing Ordinance No. 2012-40; Adopting the 2017 Edition of the National Electrical Code Page 7 The jfatuterSUipe Trines • Murphy Monitor • The Princeton Herald • The Sachsc News • THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinances #2017-31, 2017-32, 2017-33, 2017-34, 2017-35, 2017-36, 2017-37, 2017- 38, 2017-39, 2017-40, 2017-41 was published in said newspaper on the following date(s), to -wit: December 20, 2017. Chad Engbrock, Publisher Subscribed and sworn before me on this, thee` day of �?�-� , 2018 to certify which witness my hand and seal of office. `plttro� SONIA A. DUGGAN ar°?SNotary Public, State of Texas t. v . Comm.,.'v Expires 08-18-2020ii ''�;°;,,�` Notary ID 130783749 Ai, 4, A J/✓���' Notary Publi i • • d for The State of exas My commission expires 0 a .2i Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098.972-442-5515 • fax 972-442-4318 Famtersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersxille,TX 75442 • 972-784-6397 • fax 972-782-7023 CITY OF WYLIE l Ordinance No. 2017-31 tAn Ordinance of the City of Wylie, Texas, amending the Com- prehensive Zoning Ordinance of the City of Wylie, as hereto- fore amended, so as to change the zon- ing on the hereinaf- ter described prop- erty, Zoning Case Number 2017-07, From Planned Devel- opment 2013 -37 -Sin- gle Family District (PD2013-37-Sf) and Planned Development 2016-27 (PD2016-27- SF) To Planned Devel- opment 2017 -31 -Sin- gle Family District (PD2017-31-SF) to include an additional 2 acres, adjust the al- lowed total lot count, and to allow a day care use by specific use permit; providing for a penalty for the viola- tion of this ordinance; providing for the re- peal of all ordinances in conflict; providing a severability clause; and providing for an effec- tive date. Ordinance No. 2017-32 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2013-08; adopting the 2015 edition of the International Building Code For Commercial Buildings, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-33 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-31, save and except the amendment to ordinance 84-11, and adopting the 2015 edition of the Interna- tional Existing Build- ing Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-34 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-32; adopting the 2015 edition of the International Energy Conservation Code, save and except, the deletions and amend- ments set forth herein; providing For a pen- alty for the violation of this ordinance; provid- ing for repealing, sav- ings and severability clauses; providing for an effective date of this ordinance; and provid- ing for the publication of the caption hereof. Ordinance No. 2017-35 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-34; adopt- ing the 2015 edition of the International Fuel Gas Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-36 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-35; adopting the 2015 edition of the International Mechani- cal Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-37 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-36; adopting the 2015 edition of the International Plumb- ing Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-38 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-37; adopting the 2015 edition of the International Property Maintenance Code, save and except the deletions and amend- ments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, sav- ings and severability clauses; providing for an effective date of this ordinance; and provid- ing for the publication of the caption hereof. Ordinance No. 2017-39 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-38; adopting the 2015 edition of the International Residen- tial Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-40 An 'Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-40; adopt- ing the 2017 edition of the National Electrical Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-41 An Ordinance of the city council of the City of Wylie, Texas, repealing Ordinance No. 2012-33 and any amendments thereto; adopting the 2015 edition of the Inter- national Fire Code, save and except the deletions and addi- tions set forth herein; prescribing regulations governing, among other things, condi- tions hazardous to life and property from fire, hazardous materials or explosions; providing a penalty clause, sav- ings/repealing clause, severability clause and an effective date; and providing for the pub- lication of the caption ereof. 3-1t-32611