HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2020 - SECOND READING OF ORDINANCE NO. 114, 2020, ADOPTIN Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY October 6, 2020
City Council
STAFF
Richard Anderson, Sr. Manager, Building Devt. and Review
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Claire Havelda, Legal
SUBJECT
Second Reading of Ordinance No. 114, 2020, Adopting the 2020 National Electric Code Standards.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 15, 2020, adopts the most up-to-date
electrical code that will align the City and the minimum State allowed Electrical Code. The National Electrical
Code (NEC) as Adopted by the State of Colorado Department of Regulatory Agencies (DORA) is the standard
for all electrical installations in the State. By aligning our local adoptions with DORA, we will be in line with the
minimum life safety requirement for electrical installations and repairs.
STAFF RECOMMENDATION
Staff recommends adoption on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 15, 2020 (PDF)
2. Ordinance No. 114, 2020 (PDF)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Richard Anderson, Sr. Manager, Building Devt. and Review
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Claire Havelda, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 114, 2020, Adopting the 2020 National Electric Code
Standards.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the most up-to-date electrical code that will align the City and the minimum
State allowed Electrical Code. The National Electrical Code (NEC) as Adopted by the State of Colorado
Department of Regulatory Agencies (DORA) is the standard for all electrical installations in the State. By aligning
our local adoptions with DORA, we will be in line with the minimum life safety requirement for electrical
installations and repairs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Since 1924, the City has periodically reviewed, amended, and adopted the latest nationally recognized building
standards available for the times. The City has updated the minimum construction standards sixteen (16) times
since 1924.
This Ordinance will replace the 1993 edition of National Electrical Code which was adopted by Ordinance No.
25, 1994 on March 1, 1994. This Code adoption is important for the following reasons:
In 2018 the Code Adoption Committee recommended to Council an amendment to the International
Building Code (IBC) to reference:
o Electrical. All references to the Electrical Code shall mean the electrical code currently in effect as
enacted by the State of Colorado.
Council Approved this recommendation and this adoption will align our Municipal Code with the intent of the
Code Committees amendment to the IBC.
Maintain the highest Insurance Services Office (ISO) insurance rating which affects homeowner insurance
rates in the community. The best score is achieved by adopting the most recent series of Codes within 12
months of issuance.
DORA has adopted the 2020 NEC effective August 1, 2020, and this will provide consistency and maintain
regulations in the region.
The 2015 City of Fort Collins Energy Policy has committed to adopting the newest International Energy
Conservation Code (IECC) Energy Code within 12 months of issuance. The adoption of the NEC will provide
code consistency with the rest of the adopted Codes.
Adopting each 3-year code cycle typically means Code changes are in small steps instead of large, costly
ones.
ATTACHMENT 1
Agenda Item 7
Item # 7 Page 2
The NEC standards are reviewed and voted on by code officials and construction industry professionals from
across the country and are updated and published every three years under the oversight of the National Fire
Protection Agency (NFPA). The 2020 NEC represents the latest publication from NFPA for electrical installations
and repairs.
Review Process
The implementation of new building standards can have a dramatic impact on the construction industry and the
economy of the community. On March 16, 2020, DORA held a stakeholder meeting to discuss this proposed
rule change. There was no objection noted during this meeting or the meeting where the adoption was approved.
Updates to the 2020 NEC
The updates in the 2020 NEC adds additional life safety requirements. These minimum requirements are in
place to ensure the safety of the Electrical Contractors, Property Owners, Electrical Purveyors, First Responders,
and the end user.
Cost Impact to Construction
DORA has mandated the 2020 NEC as the minimum electrical code in the State of Colorado, there will be a
construction cost increase across the State for electrical installation, repairs, and maintenance work. Staff is not
recommending any amendments that will add any additional construction costs to the current state requirements.
Therefore, the construction costs will not increase above what is already incurred due to the adoption of the
2020 NEC by DORA.
Local Amendments Overview
Staff is proposing a few amendments as part of the Ordinance:
Staff is only proposing a few amendments to the NEC as part of the Ordinance.
Relocating the photovoltaic (PV) ready provision in our local amendment for the International Residential
Code (IRC) from part VIII Electrical of the IRC to part 3 Building Planning and Construction. This will maintain
these current requirements that Council approved with the adoption of the 2018 IRC.
The deletion of part VIII of the IRC to only reference the NEC as adopted by DORA for all electrical work
performed. Since DORA does not adopt the IRC for electrical work in the state, this will align the City with
the State requirement.
Other amendments to Chapter 5 include:
o Section 5-81 Short title
This is needed as part of the reorganization of this section.
o Section 5-82
To delete reference to the 1993 NEC and now reference the 2020 NEC.
Add a section that permits are required and reorganize this section to include provisions previously
housed in sections 5-83 and 5-84 regarding electrical standards for signs and penalties for
violations.
Background and History
When the City received notification that DORA was adopting the 2020 NEC, staff researched our current Code
provisions to see if they were aligned with these new standards. Staff found the last Electrical Code adoption
was for the 1993 NEC in 1994. Installations or repairs to electrical systems regulated by this 1993 code do not
meet the current minimum life safety requirements in the 2020 NEC. This Ordinance will align the City with
industry standards and allow contractors to utilize the 2020 NEC.
Agenda Item 7
Item # 7 Page 3
Intent of Recommending Local Amendments to the NEC
There are reasons for exploring local amendments to the NEC, including:
Consideration of the Climate Action plan;
Maintaining current City specific requirements for:
o Photovoltaic (PV) ready
o Electric Vehicles (EV) ready
o Permitting
o Appeals process
o Violation process
o Electrical Sign materials
Council approved the Climate Action Plan in 2015, which includes a carbon neutral goal by 2050. Likely
steps toward achieving this will be increased renewable energy, energy storage systems, electric vehicle
infrastructure and smart grid technology. Adoption of the 2020 NEC provides increased support for the most
current technology, safe installation standards and enhanced responder safety. The 2020 NEC will align us
with industry standards and will ensure that electrical installation, repairs, and upgrades better support City
goals.
CITY FINANCIAL IMPACTS
Alterations to and/or new construction of City-owned properties must comply with the provisions of the 2020
NEC. The scope of work will determine the financial impact to the City. In general, there are no financial impacts
expected with the adoption of the 2020 NEC.
Community Development and Neighborhood Services (CDNS) anticipates the following financial impacts which
are accommodated by the current CDNS budget:
Purchase of new NEC books, approximately $2,000. The necessary copies of the 2020 NEC will be
purchased for staff.
Staff training on the 2020 NEC is mostly accomplished in-house. When possible, staff will attend code
classes that are offered at various times throughout the year. This additional training cost is expected not to
exceed $1,500.
The anticipated budget impacts are included in budget and will have no negative impact on the Department’s
budget.
Triple Bottom Line Scan
The 2020 NEC adoption was not identified as one of the select major projects requiring a triple bottom line scan.
BOARD / COMMISSION RECOMMENDATION
At the August 27, 2020 meeting of the Building Review Board, boardmembers voted unanimously to recommend
adoption of the 2020 NEC with local amendments.
ATTACHMENTS
1. Code of Colorado Regulations - Electrical Board (PDF)
2. Building Review Board Minutes - August 27, 2020 (PDF)
3. Building Review Board - Letter of Support (PDF)
4. Poudre Fire Authority - Letter of Support (PDF)
5. Fort Collins Energy Services - Letter of Support (PDF)
6. Public Comment - Northern Colorado Home Builder Association (PDF)
7. 2014-2017-2020 NEC Cost Analysis (PDF)
-1-
ORDINANCE NO. 114, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2020 NATIONAL ELECTRICAL CODE STANDARDS
WHEREAS, on March 1, 1994, City Council adopted the 1993 National Electrical Code
in Ordinance No. 25, 1994; and
WHEREAS, the Colorado Department of Regulatory Agencies (“DORA”) adopted the
updated National Fire Protection Association standard number 70, hereinafter known as the
National Electrical Code, 2020 Edition (the “2020 NEC”), effective August 1, 2020; and
WHEREAS, the 2020 NEC was adopted by DORA as the minimum standards governing
the “planning, laying out, and installing or the making of additions, alterations, and repairs in the
installation of wiring apparatus and equipment for electrical light, heat, and power,” in the State
of Colorado; and
WHEREAS, on August 20, 2019, City Council adopted the International Residential Code
(“IRC”) through Ordinance No. 095, 2019, which included reference to electrical standards; and
WHEREAS, the electrical standards in the current IRC are not recognized by DORA; and
WHEREAS, City Council wishes to remove most of the IRC electrical standards from the
City Code; and
WHEREAS, City Council wishes to retain City Code provisions regarding Electrical
Vehicle Ready and Photovoltaic Ready standards currently included in the IRC electrical standards
being deleted by this Ordinance by relocating them to other subsections of Section 5-30 of the
Code of the City of Fort Collins (which adopts local amendments to the IRC); and
WHEREAS, Section 5-30 of the City Code governs amendments to the City’s adopted IRC
and is the place to which the provisions regarding the electrical Vehicle Ready and Photovoltaic
Ready standards will be relocated; and
WHEREAS, pursuant to the City Charter II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before adoption of
such ordinance the Council hold a public hearing thereon and that notice of the hearing is published
twice in a newspaper of general circulation published in the City, with one of such publications
occurring at least eight (8) days preceding the hearing and the other publication occurring at least
fifteen (15) days preceding the hearing, which notices have been published as required; and
WHEREAS, the City Council finds it in the best interests of the residents of Fort Collins
and is necessary for the public’s health, safety and welfare to update the Fort Collins City Code
from the 1993 NEC standards to the updated 2020 NEC standards as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
-2-
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 5-30 of the Code of the City of Fort Collins is hereby amended
by the addition of a new subparagraph (36) which reads in its entirety as follows and all subsequent
subparagraphs renumbered accordingly:
(36) R324.1.1 Photovoltaic Ready. All new single family dwellings shall be provided
with an empty metallic conduit of 3/4 inch (19.05 mm) minimum, installed from the
dwellings attic space beneath the roof which most likely would support the majority of
installed photovoltaic system, to a junction box located within 12 inches of the dwellings
electrical meter or connected directly to the dwellings electrical panel board.
Section 3. That Section 5-30 of the Code of the City of Fort Colins is hereby amended
by the addition of a new subparagraph (41) which reads in its entirety as follows and all subsequent
subparagraph are hereby renumbered accordingly:
(41) A new Section R332 Electric Vehicle Ready is hereby added to read as follows:
SECTION R332
Electrical Vehicle Ready
R332.1 General. All new single family dwellings with an attached garage or carport shall
be provided with an empty conduit of 3/4 inch (12.7 mm) minimum, installed from the
dwellings electrical panel board to a junction box in readily accessible location in the
garage or carport, capable of supporting a 50 ampere 220 volt outlet.
Section 4. That Section 5-30, subparagraph (93) of the Code of the City of Fort Collins
is hereby amended to read as follows:
(93) Part VIII - Electrical is hereby deleted in its entirety. All electric work shall be
done in accordance with Section 5-80 of this Code.
Section 5. That Section 5-30 of the Code of the City of Fort Collins is hereby amended
by the deletion of subparagraph (94) in its entirety and all remaining subparagraphs renumbered
accordingly:
Section 6. That Article III, Electric Standards contained in Chapter 5 of the
Code of the City of Fort Collins hereby amended to read as follows:
-3-
ARTICLE III. - ELECTRICAL STANDARDS*
Sec. 5-80. Adoption of standards.
Pursuant to the power and authority conferred on the City Council by Section 31-16-202,
C.R.S., and Article II, Section 7 of the Charter, there is hereby adopted by reference the National
Electrical Code, 2020 Edition, as promulgated by the National Fire Protection Association, to have
the same force and effect as if fully set forth in this Code in every particular, and its provisions
shall be controlling, except as amended in Code § 5-82, within the City for the protection of the
public health and safety, and for the purpose of regulating electrical wiring methods and regulating
the installation, alteration and repair of electrical systems in the City.
Sec. 5-81. Short title.
The National Electric Code adopted in Code § 5-80 and as amended by Code § 5-82, together with
this § 5-81, may be known and cited as the City of Fort Collins Electrical Code.
Sec. 5-82. Amendments to code adopted.
National Electrical Code, 2020 Edition, adopted in Code § 5-80, is hereby amended in the
following respects by the addition of the following new Sections:
(1) Section 90.4.1. Permit Required. Any owner, owner’s authorized agent or contractor
who desires to construct, enlarge, alter, repair, move, demolish or change the occupancy of
a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace
any electrical system, the installation of which is regulated by this code, or to cause any
such work to be performed, shall first make application to the code official and obtain the
required permit for the work.
(2) Section 90.4.2. Appeals. Whenever the Administrative Authority disapproves an
application or refuses to grant a permit applied for or it is claimed that the provisions of
the National Electrical Code do not apply or that the true intent and meaning of the code
has been misconstrued or wrongly interpreted, the applicant or party in interest may appeal
such decision to the Building Review Board as provided for in Section 5-27(15) of the City
Code.
(3) Section 90.4.3. Fees. The fee for each permit shall be based on the value of the work
regulated herein, as set forth in 'Table No. 3-A, Building Permit Fees,' of the Building Code
of the City of Fort Collins, except that such fee shall not be less than fifteen dollars ($15.)
nor exceed the amount prescribed by Section 12-115-121, C.R.S.
(4) Section 90.4.4. Violation and penalties. It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use or maintain an electrical system or equipment or cause or permit the
same to be done in violation of this Code. Any person, firm or corporation violating any of
-4-
the provisions of this Code shall be deemed guilty of a civil infraction and subject to the
penalties set forth in Section 1-15 of the City Code.
(5) Section 600.1.1. Use of approved materials; electric signs. Where the use of approved
materials, equipment or devices is required by the National Electrical Code, adopted in §
5-80, the label of or listing by the Underwriters' Laboratories, Inc., will be accepted as an
approval. Alternate materials may be approved by the Building Official. All electrical signs
shall be approved before any permit for the installation or erection of such sign is granted.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2020, and to be presented for final passage on the 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk