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ORD 2012-35TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-35 AN ORDINANCE OF THE TOWN OF TROPHY CLlIB, TEXAS, REPEALING ARTICLE V ENTITLED "NATIONAL ELECTRICAL CODE" OF CHAPTER 3 ENTITLED "BUILDINGS AND CONSTRUCTION" OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS AND ADOPTING A NEW ARTICLE V ENTI1"LED "NATIONAL ELECTRICAL CODE" OF CHAPTER 3 ENTITLED "BUILDINGS AND CONSTRUCTION" OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLlIB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT REPEALING THE 2002 NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS AND ADOPTING THE 2011 EDITION OF THE NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS THERETO, A COpy OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING A CUMLILATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SLIM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLlCA1'ION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Town adopted the 2002 Edition of the National Electrical Code in 2004; and WHEREAS, the Town of Trophy Club Building Official and Community Development Department have reviewed the National Electrical Code, 2011 Edition, and find that it is in the best interest of the Town of Trophy Club to repeal the 2002 Edition of the National Electrical Code and all local amendments thereto and to adopt the 2011 Edition of the National Electrical Code and local amendments thereto as reflected in Exhibit "A" to this Ordinance; and WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it necessary and beneficial to repeal the 2002 Edition of the National Electrical Code and local amendments thereto and to adopt the updated 2011 Edition of the National Electrical Code and local amendments as specified in this Ordinance to safeguard the health, property, safety and general welfare of the citizens of the Town of Trophy Club by regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance, of electrical systems and inspection of electrical systems. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION CLAUSE That all of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01. Article V entitled "National Electrical Code" of Chapter 3 entitled "Buildings and Construction" adopting the 2002 Edition of the National Electrical Code is hereby repealed in its entirety, and a new Alticle V entitled "National Electrical Code" of Chapter 3 entitled "Buildings and Construction" containing the 2011 Edition of the National Electrical Code and local amendments thereto, is hereby adopted as more fully set forth in Exhibit "A", a copy of which is attached hereto and incorporated herein. SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD 2012-35 Page 2 of 8 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect on January 1, 2013, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 10th day of December, 2012. Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: ORD 2012-35 Page 3 of 8 EXHIBIT A NATIONAL ELECTRIC CODE Proposed Adoption. The 2011 edition of the National Electric Code of the National Fire Protection Association, as hereinafter amended, is from the effective date hereof, hereby adopted as the electrical code of the Town of Trophy Club. One copy of such National Electric Code is incorporated herein by reference and shall have been filed for permanent record and inspection in the office of the city secretary. Amendments. Amendments to the National Electrical Code adopted herein are as follows: (1) (Page 26, Article 100) Article 100, Part I; 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. (2) (Page 34, Article 110.2) Article 110.2; change the following to read as follows: 110.2 . 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. This 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. (3) (Page 78, Article 230.2(A)) Article 230.2(A) is hereby amended to add a sixth Special Condition as follows: 230.2 Number of services. (A) #6. In supplying electrical service to multifamily dwellings, two or more laterals or overhead service drops shall be permitted to a building when both of the following conditions are met: a. The building has six or more individual gang meters and all meters are grouped at the same location. b. Each lateral or overhead service drop originates from the same point of service. ORD 2012-35 Page 4 of 8 (4) (Page 84, Article 230. 71 (A)) Article 230.71 (A) is hereby amended to add an exception as follows: 230.71 Maximum Number of Disconnects. 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. (5) (Page 98, Article 240.91) Article 240.91; delete the Article. (6) (Page 111, Article 250.52) Article 250.52 is hereby amended to add a paragraph as follows: 250.52 Grounding Electrodes. (A) Electrodes Permitted for Grounding. Where a metal underground water pipe, as described in item (a), is not present, a method of grounding as specified in (b) through (d) below shall be used. (7) (Page 141, Article 300. 11) 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 1/2"). (8) (Page 141, Article 300. 11(A)(1)) Article 300.11 (A){1) is hereby amended as follows: 300.11 Securing and Supporting. (A) Secured in Place. (1) Fire-Rated Assemblies. Wiring located within the cavity of a tire-rated floor-ceiling or roof-ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wires unless tested as part of a fire-rated assembly. An independent means of secure support(text unchanged)are part of the fire-rated design. (delete exception) (9) (Page 141, Article 300. 11(A)(2)) Article 300.11 (A)(2) is hereby amended as follows: 300.11 Securing and Supporting. (A) Secured in Place. (2) Non-Fire-Rated Assemblies. Wiring located within the cavity of a non-tire-rated floor-ceiling or roof-ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wires unless authorized by, and installed in accordance with, the ceiling system manufacturer's instructions. An independent means of secure support shall be provided. ORO 2012-35 Page 5 of 8 (delete existing exception) Add exception: From the last point of independent support or base for connections within an accessible ceiling to luminaries(s) (lighting fixture(s)) or equipment, branch circuit or fixture whip wiring shall be allowed to be supported by the ceiling support wires. (10) (Page 153, Article 310.15(8)(7)) Article 31 0.1S(8)(7) is hereby amended as follows: 310.1S(8)(7) 120/240-Volt, 3 Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.1S(8)(7), shall be(text unchanged)conductors. The grounded conductor shall be permitted to be smaller than the ungrounded conductors, provided the requirements of Section 21S.2, 220.61 and 230.42 are met. This Section shall not be used in conjunction with Section 220.82. (11) (Page 196, Article 334.10) Article 334.10 is hereby amended as follows: 334.10 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: (1) One-and two-family dwellings. (2) In any multifamily dwelling not exceeding three floors above grade. Exception: An additional level shall be permitted in multifamily dwellings where the entire structure is protected throughout by an approved automatic sprinkler system. (3) Other structures not exceeding 3 stories in height. Note: In paragragh, 2 and 3 above: For the purpose of this article, the first floor of a building shall be that floor that has SO percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. (12) (Page 196, Article 334. 12(A)) Article 334.12(A) is hereby amended to add an eleventh restriction as follows: 334.12(A)(11). In non-residential metal frame structures. (13) (Page 373, Article 500.8(A)(3)) Article SOO.8(A)(3) is hereby amended as follows: SOO.8 Equipment. Article SOO.8(A)(3); change to read as follows: SOO.8 Equipment. Articles SOO through S04 require equipment construction and installation standards 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. ORD 2012-35 Page 6 of 8 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 (-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. (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. 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 ANSI/ISA 12.00.02, Certificate Standard for AEx Equipment for Hazardous (Classified) Locations. (14) (Page 401, Article 505.7(A)) 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. ORD 2012-35 Page 7 of 8 (15) (Page 522, Article 600. 21 (E)) Article 600.21(E) is hereby amended as follows: 600.21 Ballasts, Transformers, and Electronic Power Supplies. (E) Attic and Soffitt Locations. Ballasts, transformers, and electronic power supplies shall be permitted to be located in attics and soffitts, provided there is an access door at least 900 mm by 600 mm (3 ft by 2 ft) and a passageway of at least 900 mm (3 ft) high by 600 mm (2 ft) wide with a suitable permanent walkway at least 600 mm (2 ft) wide extending from the point of entry to each component. (16) (Page 583, Article 680.25(A)) Article 680.25(A) changed to read as follows: 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" 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 or 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 within a building (5) Electrical nonmetallic tubing where installed within a building (6) Type Me cable where installed within a building and if not subject to corrosive environment (7) Nonmetallic-sheathed cable (8) Type SE cable Exception: An existing feeder between an existing remote panelboard and service equipment Article 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 250.24(A)(5). ORO 2012-35 Page 8 of 8