HomeMy WebLinkAboutOrdinance 1541CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STARKER
Council Bill No. 10
Ordi nance No. 1541""
Series of 2013
TIT L E : AN ORDINANCE ADOPTI NG BY REFERENCE T HE 2011
ED ITION OF THE NATIONAL E L ECTRICAL CODE , PROVIDING
PENALTIES FOR VIOLATIONS T HEREOF AND AM EN DI NG
PORTI ONS OF CHAPTER 5 OF THE WHEAT RIDGE CODE OF
LAWS CONCERNING ELECTRI CAL INSPECTI ONS
W HEREAS, the City of Wheat Ridge , Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
W HEREAS, pursuant to Section 5.16 of the Wheat Ridge Home Rule Charter
("Charter") and Part 2 of Article 16 of Title 31 of the Colorado Revised Statutes , the City, acting
through its City Council (the "Council "), possesses the authority to adopt standard codes by
reference; and
WHEREAS, pursuant to this authority , the City previously adopted the 2005 edition of
the National Electrical Code ("NEC"), as promulgated and published by the National Fi re
Protection Association , codified as Section 5-77 of the Wheat Ridge Code of Laws ("Code");
and
WHEREAS , the National Fire Protection Association has promulgated and published a
2011 edition of the NEC which contains updated regulations and requirements; and
WHEREAS, the Council recognizes the value of the NEC in providing minimum
standards to safeguard life or limb, health, property , and public welfare by regulating and
controlling the design , construction , quality of materials , use and occupancy, location and
mainten ance of buildings , structu res , utilities and certain equip ment; an d
W HEREAS, the Council also previously adopted certa in requirements concerning
electrical inspections, which relate to NEC requirements , codified as Division 3 of Article II of
Chapter 5 of the Code , also known as Sections 5-56 through 5-75 ; and
WHEREAS, City staff has recommended updating s aid Code provisions concerning
electrical inspections and relocating the same to Code Section 5-77 in ord er to congregate all
local provisions regarding electrical code requirements and inspections in one Code section;
and
WHEREAS, a public hearing on this Ordinance was conducted and proper notice
thereof given in accordance with C.R.S . § 31-16-203; and
WHEREAS, a certified copy of the 2011 edition of the NEC was filed with the City Clerk
at least fifteen (15) days prior to pub lic hearing on this Ordinance in accordance w ith C.R.S . §
31-16-206 and Charter Section 5.16 and such code remains open to public inspection and
purchase from the Clerk's office; and
WHEREAS, the City wishes to adopt by reference the 2011 edition of the NEC , provide
penalties for NEC violations and to update and relocate Code provisions concerning electrical
inspections to Code Section 5-77 , all as further set forth herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 5-77 of the Wheat Ridge Code of Laws , concerning the National
Electrical Code , is hereby amended as follows
Sec. 5-77. National Electrical Code; ELECTRICAL INSPECTIONS.
(a) Adopted. The National Electrical Code , ~ 2011 Edition , copyright
by the National Fire Protection Association, Batterymarch Park ,
Quincy, Massachusetts, 01269-7 4 71, is hereby adopted by reference
thereto and incorporated into this chapter as though fully set out herein
as the electrical code of the city . Except as otherwise provided in this
chapter, such code is adopted in full , including the index contained
therein . One copy of said National Electrical Code shall be filed in the
office of the city clerk and may be inspected during regular business
hours.
(b) AFReRfH:ReR#&. The National Electrical Code, adopted by this section is
hereby arnended as follows (section n1::1rnbers refer to section n1::1rnbers
of the National Electrical Code):
ArticJe 310.2(8} is arnended by adding a new sentence to read :
"AI~:o~rnin1::1rn cond1::1ctors 1::1nder size 8 are not allowed ."
Purpose. The purpose of this section is to provide minimum standards
to safeguard life or limb, health , property, and public welfare by
regulating and controlling the design , construction, quality of materials,
use and occupancy, location and maintenance of all buildings,
structures and utilities and certain equipment specifically regulated
herein.
(EI C) Electrical permit fees . Electrical permit fees shall be as follows : All fees
shall be computed BASED on the dollar ¥al1::1e of the electrical
installation, incl~::~ding tirne and rnaterial (total cost to the c1::1storner)
ESTIMATED PROJECT VALUATION AT THE TIME OF
APPLICATION. PROJECT VALUATION SHALL INCLUDE THE
VALUE OF ALL WORK , INCLUDING ALL COSTS OF LABOR AND
MATERIALS RELATED TO THE PROJECT. PROJECT VALUATION
SHALL BE CALCULATED BY THE BUILDING DIVISION BASED ON
DATA PUBLISHED ON THE CITY WEBSITE OR OTHER
REASONABLE MEANS , AND THE HIGHER OF THE APPLICANT'S
STATED VALUATION AND THE DIVISION 'S CALCULATED
VALUATION SHALL BE USED TO DETERMINE PERMIT FEES . aREI
~ Fees shall be computed based upon Table 1-A OF THE CITY 'S
FEE SCHEDULE, AS ADOPTED FROM TIME TO TIME BY CITY
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COUNCIL RESOLUTION ("TABLE 1-A"), at time of obtaining the
permit.
(e D) FEES FOR WORK WI THOUT A PERMI T. Items of work for wh 1ch a
permit is requ ired under th is SECTION chapter wh ich are commenced
before a permit is secured shall be assessed A FEE fees fer permits in
triple the ameunts AS SET FORTH IN TABLE 1-A prescribed in the
permit's fee schedule . This FEE penalty shall be in addition to the
PERMIT in'-•estigation fee REQUIRED FOR SUCH WORK
PURSUANT TO referenced in Table 1-A, City of 'Jitheat Ridge building
permit fees .
(E) ELECTRICAL INSPECTIONS.
(1) GENERAL. ALL CONSTRUCTION AND WORK FOR WHICH
A PERMIT IS REQUIRED BY THE CODE ADOPTED BY THIS
SECTION 5-77 SHALL BE SUBJECT TO INSPECTION BY
THE BUILDING OFFICIAL TO ENSURE COMPLIANCE WITH
SAID CODE AND SUCH CONSTRUCTION OR WORK SHALL
REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION
PURPOSES UNTIL APPROVED . APPROVAL AS A RESULT
OF AN INSPECTION SHALL NOT BE CONSTRUED TO BE
AN APPROVAL OF A VIOLATION OF THE PROVISIONS OF
THE CODE ADOPTED BY THIS SECTION OR OF OTHER
ORDINANCES OF THE CITY . INSPECTIONS PRESUMING
TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS OF THE CODE ADOPTED BY THIS SECTION
OR OF OTHER ORDINANCES OF THE CITY SHALL NOT BE
VALID. IT SHALL BE THE DUTY OF THE PERMIT
APPLICANT TO CAUSE THE WORK TO REMAIN
ACCESSIBLE AND EXPOSED FOR INSPECTION
PURPOSES . NEITHER THE BUILDING OFFICIAL NOR THE
CITY SHALL BE LIABLE FOR EXPENSE ENTAILED IN THE
REMOVAL OR REPLACEMENT OF ANY MATERIAL
REQUIRED TO ALLOW INSPECTION. APPROVAL OF ONE
PORTION OF WORK UPON INSPECTION SHALL NOT
CONSTITUTE APPROVAL OF ANY OTHER PORTION OF
WORK REQUIRING INSPECTION .
(2) INSPECTION AGENCIES. THE BUILDING OFFICIAL IS
AUTHORIZED TO ACCEPT REPORTS OF INSPECTION
AGENCIES , PROVIDED SUCH AGENCIES SATISFY THE
BUILDING OFFICIAL'S REQUIREMENTS AS TO
QUALIFICATIONS AND RELIABILITY .
(3) PERMIT POSTED; INSPECTION RECORDS AVAILABLE. NO
CONSTRUCTION OR WORK FOR WHICH A PERMIT IS
REQUIRED BY THE CODE ADOPTED BY THIS SECTION
SHALL BE COMMENCED UNTIL SUCH REQUIRED PERMIT
IS POSTED AT THE WORK SITE . ADDITIONALLY, ALL
INSPECTION RECORDS FOR A WORK SITE SHALL BE
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MAINTAINED AND MADE AVAILABLE FOR INSPECTION BY
THE CITY ON-SITE AT ALL TIMES THAT WORK IS
OCCURRING AT SUCH SITE .
Section 2. Division 3 of Article II of Chapter 5 of the Wheat Ridge Code of Laws ,
concerning electrical Inspections , is hereby repealed and Sections 5-56 through 5-75 of the
Code are hereby designated as "Reserved ."
Section 3. Penalties. Penalties for violating the 2011 Edition of the NEC , as
adopted by reference by this Ordinance , are set forth in Code Sections 1-5 and 5-5 , which read ,
in their respective entireties , as follows :
Sec. 1-5. General penalty.
Unless otherwise specifically provided , whenever in this Code or any
other ordinance of the city or any section or an order, rule or regulation
promulgated under the prov isions of this Code or other ordinance of
the city any act is prohibited , made or declared to be unlawful, an
offense , nuisance or m isdemeanor, where no specific penalty is
provided therefor, any person who shall be convicted of the violation of
any such provision of this Code or other ordinance of the city or of
such orders, rules or regulations shall be punished by a fine of not
more than one thousand dollars ($1 ,000 .00), or by imprisonment for a
period not exceeding one year, or both such fine and imprisonment ;
provided, however, that no person under the age of eighteen (18)
years shall be subjected to imprisonment for violation of any provision
of this Code .
Sec. 5-5. Enforcement and remedies.
(a) Civil actions. When an alleged violation of this chapter has not
been voluntarily abated within the time specified in the notice issued
pursuant to section 2-34:
(1) The city may bring a civil action in the municipal court to have
the violation declared as such by the court and to have the
court enjoin the violation or to authorize its restraint. removal ,
termination or abatement by the owner, agent, occupant or
person who caused the violation or the person who allowed the
violation to continue , or by the mayor, the director of community
development , director of public works or the chief of police or
their designated representatives .
(2) The civil action to declare and abate a violation of this chapter
shall be brought in the name of the City of Wheat Ridge by
filing a complaint, which shall be verified or supported by an
affidavit. Summonses and subpoenas shall be issued and
served as in civil cases . Any employee or agent of the City of
Wheat Ridge who is over the age of eighteen (18) may serve a
summons and verified complaint upon the owner, agent,
occupant or the person who caused or allowed the violation
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(hereinafter "respondent"), or a subpoena upon any witness to
the violation. Trial shall be to the court.
(3) A notice of appearance shall be served with the summons and
complaint. The appearance date shall be not less than twenty-
one (21) days from the date of service of the summons and
complaint. The respondent shall file a response or answer on
or before the appearance date specified in the notice of
appearance . The trial shall be held upon the appearance date,
unless the court grants a continuance for good cause shown.
No case shall be continued for more than sixty (60) days after
the appearance date.
(4) Upon the date and time specified for appearance and trial , if
the respondent has filed no response and fails to appear, and if
the city proves that proper service was made on respondent at
least twenty-one (21) days prior to the appearance date, the
court may grant such orders as are requested by the city;
except that, the court shall order the enforcement by the city be
stayed for ten (10) days and that a copy of the court's order be
mailed to the respondent at his last known address. Failure to
appear on any date set for hearing and trial shall be grounds
for entering a default and default judgment against the
nonappearing party . Prior to enforcement, and upon good
cause shown , the court may set aside an entry of default and
default judgment entered thereon .
(5) Any disobedience to or interference with any injunction or
order issued by the municipal court in an action to abate a
violation of this chapter of the Wheat Ridge Code of Laws may
be punished as a contempt of court or by a fine of not more
than one thousand dollars ($1 ,000.00). Each day's failure to
comply with an injunction or order to abate shall constitute a
separate act of contempt for which an additional penalty may
be imposed.
(6) In order to facilitate just, speedy, informal and inexpensive
determinations of claims, the court shall follow the rules of
county court civil procedure. as presently adopted and as
amended hereafter from time to time, excepting Rules 302,
313, 338, 339, 347, 348, 350, 351 , 351.1 , 359(c)(2), 365, 383,
398 , 402, 403 , 404 and 406 thereof, and shall further utilize and
follow the provisions of Rule 65 of the Colorado Rules of Civil
Procedure in all cases wherein civil enforcement of the
provisions of chapter 5 is sought. In the event of any
discrepancy between any of the provisions of chapter 5 and
those applicable rules of county court civil procedure, or Rule
65 of the Colorado Rules of Civil Procedure adopted hereby,
the provisions of chapter 5 shall prevail and be applied .
The right is expressly reserved and delegated to the presiding
judge of the Wheat Ridge Municipal Court to adopt rules of
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procedure for the Wheat Ridge Municipal Court, which rules
shall be applicable in any civil enforcement action brought by
the city ; provided , however, that said rules of procedure
adopted and promulgated by the presiding judge of the
municipal court shall not conflict with or contradict the authority
of the city to pursue civil enforcement for violations of the
provisions of this chapter 5.
(7) In any case in which the city prevails in a civil action ini tiated
pursuant to this subsection (a), the city may recover its
reasonable costs of abating the violation , including reasonable
costs of litigation , plus fifteen (15) percent in administrative
costs ; plus costs may be assessed against the subject property
pursuant to paragraphs 16-13-313 and 16-13-314, C.R.S ., (as
amended). The remedies specified in this subsection (a) shall
be in addition to all other remedies provided by law.
(b) Cumulative remed ies The remedies set forth herein are
cumulative . In the event any building , structure or utility is erected ,
constructed, reconstructed , altered, repaired , converted , demolished,
moved or maintained , or any building , structure or utility is used in
violation of this chapter, the city or any proper city official may institute
any other appropriate action or proceedings to prevent such unlawful
erection , construction . reconstruction. alteration , repair, conversion ,
maintenance or occupancy to restrain , correct or abate such VIolation
or to prevent the occupancy of such building , structure or land . The
initiation of any action or the imposition of any penalty hereunder shall
not preclude the city or any proper person from institutin g any other
appropriate action or proceeding to require compliance with the
provisions of this chapter and with administrative orders and
determinations made hereunder
Section 4 . Safetv Clause . The City Council hereby finds , determines , and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge ,
that it is promulgated for the health, safety , and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare . The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained .
Section 5. Severability; Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise
invalid , the validity of the remaining sections , subsections and clauses shall not be affected
thereby . All other ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed .
Section 6. Effective Date . Th is Ordinance shall take November 1 , 2013, as
authorized by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 22nd
day of July , 2013, ordered published in full in a newspaper of general circulation in the C1ty of
Wheat Ridge and Publ ic Hearing and considerat ion on final passage set for August 12th, 2013,
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at 7:00 o'clock p.m., in the Council Chambers , 7500 West 29th Avenue, Wheat Ridge ,
Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading, after
public hearing , by a vote of 8 to o , th is 12th day of _a.~At~o~.~•gJ;a.•LI:Is ..... t _____ _
2013 .
ATTEST:
First Publication : July 25 , 2013
12th day of -~A=-uguc:a.::.::s::...::t=-------' 2013 .
Jerry DiTullio , Mayor
(....-
Second Publication : August 15. 2013
Wheat Ridge Transcript
Effective Date : -November 1. 2013
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