HomeMy WebLinkAboutCC AG PKT 2005-06-13 #R 6 1,1,0c
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AGENDA REPORT
DATE: June 13, 2005
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: INTRODUCTION OF ORDINANCE ADOPTING BY
REFERENCE THE 2004 CALIFORNIA ELECTRICAL
CODE, INCORPORATING THE "NATIONAL
ELECTRICAL CODE ", 2002 EDITION, INCLUDING
ALL APPENDICES THERETO, AND OTHER
CONFORMING AMENDMENTS TO CHAPTER 9.60,
( "BUILDING CODE ") OF THE SEAL BEACH
MUNICIPAL CODE
SUMMARY OF REQUEST:
Introduce Ordinance No. , An Ordinance of the City of Seal Beach, California
Adopting by Reference the 2004 California Electrical Code, Incorporating the "National
Electrical Code ", 2002 Edition, Including all Appendices thereto, and Amending Portions of
Chapter 9.60 of Title 9 of the Code of the City of Seal Beach. •
BACKGROUND:
The City is required to adopt local amendments to the California Electrical Code by
August 1, 2005 or the State Code will be effective. Staff has reviewed with the Building
Official and Assistant City Attorney the proposed revisions and they are in support of the
requested local amendments. All of the proposed amendments have been adopted by the
City in the past. Please refer to Attachment 1 to review the proposed ordinance.
Several previously adopted local amendments are not proposed for re- adoption during
this Code revision process, as these local amendments are no longer necessary due to the
provisions of the 2004 California Electrical Code now addressing those local
amendments or them no longer being necessary do other revisions in the various
construction codes adopted by the City. An overview of those previously adopted local
amendments are not . proposed for re- adoption is provided in Attachment 2 for the
information of the City Council.
,
Agenda Item ,
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Adoption of 2004 California Electrical Code and Local Amendments
City Council Staff Report
June 13, 2005
In addition, staff is proposing to revise Sections of the Municipal Code to allow for a
property owner to apply for necessary "electrical, sewer, mechanical and plumbing
permits ". Previously only a licensed contractor could apply for these permits. A
property owner who can demonstrate that code requirements will be strictly met should
have the option to file for a electrical, mechanical, sewer, or plumbing permit.
Additionally, a property owner that will be exclusively contracting with licensed
contractors to construct the project should have the option to pay for an electrical, sewer,
mechanical or plumbing permit for any single family building. Whether a property owner
or a licensed contractor files for a permit, the Building Department is the Cities lead
agency for ensuring the safety and quality guidelines of the codes are met, and uses a
permit to make sure these guidelines are met.
FISCAL IMPACT:
Minimal. The City is required to adopt local amendments to the California Electrical
Code by August 1, 2005 or the State Code will be effective.
RECOMMENDATION:
Introduce Ordinance No. , An Ordinance of the City of Seal Beach, California
Adopting by Reference the 2004 California Electrical Code, Incorporating the "National
Electrical Code ", 2002 Edition, Including all Appendices thereto, and Amending Portions of
Chapter 9.60 of Title 9 of the Code of the City of Seal Beach. Instruct City Clerk to
schedule for Adoption and Second Reading at next regular City Council Meeting.
NOT ! APPRS, % D:
L u
T e Whittenberg John B. orski
Director of Development Servic- : City , anager
Attachments: (2)
Attachment 1: Ordinance No. , An Ordinance of the City of
• Seal Beach, California Adopting by Reference the 2004
California Electrical Code, Incorporating the "National
Electrical Code ", 2002 Edition, Including all Appendices
thereto, and Amending Portions of Chapter 9.60 of Title 9
of the Code of the City of Seal Beach
Attachment 2: Overview of Previously Adopted Local Amendments not
Proposed for Re- Adoption
2004 Calif Electrical Code Adoption.CC Staff Report 2
Adoption of 2004 California Electrical Code and Local Amendments
City Council Staff Report
June 13, 2005
ATTACHMENT 1
ORDINANCE NO. , AN ORDINANCE
OF THE CITY OF SEAL BEACH,
CALIFORNIA ADOPTING BY REFERENCE
THE 2004 CALIFORNIA ELECTRICAL
CODE, INCORPORATING THE
"NATIONAL ELECTRICAL CODE ", 2002
EDITION, INCLUDING ALL APPENDICES
THERETO, AND AMENDING PORTIONS
OF CHAPTER 9.60 OF TITLE 9 OF THE
CODE OF THE CITY OF SEAL BEACH
2004 Calif Electrical Code Adoption.CC Staff Report 3
Adoption of 2004 California Electrical Code and Local Amendments
City Council Staff Report
June 13, 2005
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEAL
BEACH, CALIFORNIA ADOPTING BY
REFERENCE THE 2004 CALIFORNIA
ELECTRICAL CODE, INCORPORATING THE
"NATIONAL ELECTRICAL CODE ", 2002
EDITION, INCLUDING ALL APPENDICES
THERETO, AND AMENDING PORTIONS OF
CHAPTER 9.60 OF TITLE 9 OF THE CODE OF
THE CITY OF SEAL BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Paragraph 8 of Subsection A of Section 9.60.005 ( "Codes Adopted
by Reference ") of Chapter 9.60 ( "Building Code ") of the Seal Beach Municipal Code is
amended to read as follows:
"8. California Electrical Code, 2004 Edition (Part 3 of Title 24 of the
California Code of Regulations), incorporating the National
Electrical Code, 2002 Edition."
Section 2. Subsection 2 of Subsection I of Section 9.60.025 ( "Moving
Buildings ") of Chapter 9.60 ("Building Code ") of the Seal Beach Municipal Code is
amended to read as follows:
"2. An owner of any single family single family building, or dwelling,
not exceeding 3 stories including appurtenances thereto, who
contracts for such a project with a licensed and insured contractor
or contractors. Such owner may also apply for all necessary
electrical, sewer, mechanical and plumbing permits."
Section 3. Section 9.60.100 is hereby deleted in its entirety and a new Section
9.60.100 is hereby adopted to read as follows:
"Section 9.60.100 California Electrical Code amendments. The following amendments
are made to the California Electrical Code and the Uniform Administrative Code, 1997
Edition, as adopted pursuant to this Chapter:
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A. Section 303.4 (Expiration) of Uniform Administrative Code Provisions,
National Electrical Code, is amended to read as follows:
303.4 Expiration. Every permit issued by the building official
under the provisions of this code shall expire by limitation and become null
and void, if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit, or if the building
or work authorized by such permit is suspended or abandoned at any time
after the work is commenced for a period of 180 days. Before such work can
be recommenced, a new permit shall be first obtained to do so, and the fee
therefore shall be the full amount of the original permit, excluding any plan
review fees for such work, provided no changes have been made or will be
made in the original plans and specifications for such work; and provided
further that such suspension or abandonment has not exceeded one year. In
order to renew action on a permit requiring plan review after expiration, the
permittee shall pay the full amount of the original permit and the appropriate
plan review fees.
A permittee holding an unexpired permit may apply for an extension of the
time within which work may be commenced under the permit when the
permittee is unable to commence work within the time required by this
section for good and satisfactory reasons. The building official may extend
the time for action by the permittee for a period not exceeding 180 days upon
written request by the permittee showing that circumstances beyond the
control of the permittee have prevented action from being taken.
B. Section 304.2 (Permit Fees) of Uniform Administrative Code Provisions,
National Electrical Code, is amended to read as follows:
304.2 Permit Fees. The fee for each electrical permit shall be as
established by the City Council.
C. Section 304.3 Plan Review Fees of Uniform Administrative Code Provisions,
National Electrical Code is amended to read as follows:
304.3 Plan Review Fees. When a plan or other data are required to
be submitted by Subsection 302.2, a plan review fee shall be paid at the time
of submitting plans and specifications for review. The plan review fees for
Electrical Work shall be as established by the City Council. Where plans are
incomplete or changed so as to require additional plan review, an additional
plan review fee shall be charged at the rate as established by the City
Council.
D. Section 304.5.2 Fee of Uniform Administrative Code Provisions, National
Electrical Code is amended to read as follows:
2004 Calif Electrical Code Adoption.CC Staff Report 5
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304.5.2 Fee. No electrical work for which a permit is required shall
be commenced in any building or premises until a permit to do such work
shall have been first obtained. Where work for which a permit is required by
this Code is started or commences prior to obtaining a permit, the total fees
as herein specified shall be double the payment of such fees and shall not
relieve the applicant from complying with the requirements of this Code in
the execution of the work, nor from any other penalties prescribed herein.
Exception: Double fees will not be assessed for emergency repair or
installation done outside of normal working hours and permit application is
made within two working days after commencement of emergency work.
E. Section 305.8 (Reinspections) of Uniform Administrative Code Provisions,
National Electrical Code, is amended by amending the fourth paragraph to read as
follows:
To obtain a reinspection, the applicant shall file an application
therefor in writing upon a form furnished for that purpose, and pay the
reinspection fee as established by the City Council.
F. Section 305.9 (Miscellaneous Requirements) is added to the Uniform
Administrative Code Provisions, National Electrical Code, to read as follows:
305.9 Miscellaneous Requirements. The following requirements
shall be adhered to by all applicants requesting inspections in accordance
with Section 305:
1. Approval of Equipment. All appliances and
equipment shall be listed and labeled by a nationally recognized testing
laboratory, equal to, but not limited to, Underwriter's Laboratories, Inc.,
and approved by the building official.
2. Used Materials. Previously used materials shall not
be re -used without the written approval obtained in advance from the
building official.
3. Nameplates. The maker's nameplate, trademark, or
other identification symbol shall be placed on the outside, where it is visible
at time of inspection, on all electrical materials, devices, appliances, fittings,
and equipment used or installed under the provisions of this code.
G. Section 110.5 (Conductors) of such Electrical Code is amended by adding a
second paragraph to read as follows:
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Conductors shall be of copper. Copper wire shall be the preferred
material used for wiring No. 6 and smaller in all installations. Consideration
for use of aluminum wiring can be made by the building official for feeder
lines only on an individual case basis where adequate safety measures can be
ensured.
H. Section 210.11 (Branch Circuits Required) of such Electrical Code is amended
by adding subsection 210.11(C)(4) Food waste grinder branch circuit to read as
follows:
(4) Food waste grinder branch circuit. Each dwelling unit shall
have installed therein an individual food waste grinder branch circuit. Said
circuit shall be provided with an indicating type switch located in the wall
adjacent to the sink or cabinet.
Section 210.23(a) 15 and 20 Ampere Branch Circuits of said Electrical Code is
amended to read as follows:
210.23(a) 15 and 20 Ampere Branch Circuits. A 15 ampere
branch circuit shall be permitted to supply only wall or ceiling lighting
fixtures to an individual fixed appliance. A 20 ampere branch circuit shall
be permitted to supply lighting outlets, receptacle outlets, fixed appliances or
a combination of same. The total rating of fixed appliances supplied by such
circuit shall not exceed 50% of the rating of the branch circuit. The rating of
a single fixed appliance supplied by an individual branch circuit shall not
exceed 80% of the rating of the circuit.
Exception: The small appliance branch circuits, laundry branch
circuits, and bathroom branch circuits required in a dwelling unit(s) by
Section 210.11(C)(1), (2), and (3) shall supply only the receptacle outlets
specified in that Section.
J. Section 240 - 24 Location in or on Premises of such Electrical Code is amended by
adding Subsection (F) to read as follows:
(F) Prohibited Locations. Panels and switchboards containing
overcurrent devices shall not be located in any closet, cabinet, toilet room or
room containing a lavatory.
K. Section 300.6(B) (In Concrete or in Direct Contact with the Earth) of such
Electrical Code is amended by adding the following paragraph to read as follows:
Unless the applicant proves to the satisfaction of the building official
the specific earth is not corrosive for the installation of the above noted
electrical items in contact with or buried in the earth, all such items
embedded in the earth shall be protected by at least double, spiral wrapping,
2004 Calif Electrical Code Adoption.CC Staff Report 7
Adoption of 2004 California Electrical Code and Local Amendments
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June 13, 2005
half overlapping with 10 mil plastic tape (total 40 mils cover), or approved
equal, unless otherwise authorized by the building official.
L. Section 310 - 14 (Aluminum Conductor Material) of such Electrical Code is
amended by adding a second paragraph to read as follows:
Aluminum conductors of No. 6 or smaller shall require continuous
inspection by an independent testing agency approved by the building
official for proper torquing of connections at their termination points."
Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this ordinance or any part thereof is for any reason held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this ordinance or any part
hereof. The City Council of the City of Seal Beach hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
, 2005
Mayor
CITY OF SEAL BEACH
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing Ordinance is an original copy of Ordinance Number on file in the
office of the City Clerk, introduced at a meeting held on the day of
, 2005, and passed, approved and adopted by the City Council
2004 Calif Electrical Code Adoption.CC Staff Report 8
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City Council Staff Report
June 13, 2005
of the City of Seal Beach at a meeting held on the day of
, 2005 by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
and do hereby further certify that Ordinance Number has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
2004 Calif Electrical Code Adoption.CC Staff Report 9
Adoption of 2004 California Electrical Code and Local Amendments
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June 13, 2005
ATTACHMENT 2
OVERVIEW OF PREVIOUSLY ADOPTED
LOCAL AMENDMENTS NOT PROPOSED
FOR RE- ADOPTION
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OVERVIEW OF PREVIOUSLY ADOPTED
LOCAL AMENDMENTS NOT PROPOSED
FOR RE- ADOPTION
1. Sec. 303.1 (Issuance) of Uniform Administrative Code Provisions, National
Electrical Code, is amended by adding an additional paragraph as the last paragraph
of Section 303.1 to read as follows:
"Electrical permits shall be issued only to state and city licensed
contractors or their respective authorized representative, but only to the
extent and for the work the applicant is licensed by the State of California to
perform.
Staff Discussion on Reason for not Adopting: By not adopting this previous
local amendment the property owner would now also be allowed to apply for the
necessary electrical permits. The Building Official recommends deletion of this
previous amendment as no longer being necessary.
2. Subdivisions (1) and (2) of Subsection (b) of Section 230 - 42 (Size and Rating) of
such Electrical Code are amended to read as follows:
"(1) 100 ampere for a 3 -wire service to a one family dwelling,
apartment, or condominium unit with six or more 2 -wire branch circuits.
(2) 100 ampere for a 3 -wire service to a one family dwelling,
apartment, or condominium unit with an initial net computed load of 10
KVA or more."
Staff Discussion on Reason for not Adopting: These previous local
amendments are now incorporated into other provisions of Chapter 2, Wiring and
Protection, Section 230.42, Services. The Building Official recommends deletion
of this previous amendment as no longer being necessary.
3. Sub - section (c) (Concrete Encased Electrode) of Section 250 - 81 (Grounding
Electrode System) of such Electrical Code is amended to read as follows:
"(c) Concrete - Encased Electrode. An electrode encased by at least 2
inches (50.8 mm) of concrete, located within in and near the bottom of a
concrete foundation or footing that is in direct contact with the earth,
consisting of at least 20 feet (6.1 m) of bare copper conductor sized per
Table 250 -94 and not less than No. 4 A.W.G. If a splice is necessary, it shall
be made with a device approved by the building official."
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2004 Calif Electrical Code Adoption.CC Staff Report
Adoption of 2004 California Electrical Code and Local Amendments
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Staff Discussion on Reason for not Adopting: These previous local
amendments are now incorporated into other provisions of Chapter 2, Wiring and
Protection, Section 250, Grounding. The Building Official recommends deletion
of this previous amendment as no longer being necessary.
4. Section 250 (Grounding Electrode System) of such Electrical Code is
amended by adding Subsection (e) (Required Systems) to read as follows:
"(e) Required Systems. In all new construction and additions
requiring relocation of electrical service equipment, an electrical grounding
system shall be installed per Subsection (a) and (c) of this Section."
Staff Discussion on Reason for not Adopting: These previous local
amendments are now incorporated into other provisions of Chapter 2, Wiring and
Protection, Section 250, Grounding. The Building Official recommends deletion
of this previous amendment as no longer being necessary.
5. Section 250 - 112 (To Grounding Electrode) of such Electrical Code is amended to
read as follows:
"250 - 112. To Grounding Electrode. The connection of a grounding
electrode conductor to a grounding electrode shall be made at a readily
accessible point as determined by the building official, and in a manner
which will assure a permanent and effective ground. Where necessary to
assure this for a metal piping system used as a grounding electrode, effective
bonding shall be provided around insulated joints and sections and around
any equipment that is likely to be disconnected for repairs or replacement.
Bonding conductors shall be of sufficient length to permit removal of such
equipment while retaining the integrity of the bond.
Exception: An encased or buried connection to a concrete - encased,
driven, or buried grounding electrode shall not be required to be accessible."
Staff Discussion on Reason for not Adopting: These previous local
amendments are now incorporated into other provisions of Chapter 2, Wiring and
Protection, Section 250, Grounding. The Building Official recommends deletion
of this previous amendment as no longer being necessary.
6. Section 310 - 16 Continuous Inspection of Aluminum Wiring is added to said
Electrical Code to read as follows:
"310 - 16. Continuous Inspection of Aluminum Wiring. Aluminum
conductors of No. 6 or smaller shall require continuous inspection by an
independent testing agency approved by the building official for proper
torquing of connections at their termination points."
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2004 Calif Electrical Code Adoption.CC Staff Report
Adoption of 2004 California Electrical Code and Local Amendments
City Council Staff Report
June 13, 2005
Staff Discussion on Reason for notAdoptinR: These previous local
amendments are now incorporated into other provisions of Chapter 3, Wiring
Methods and Materials, Section 310, Conductors for General Wiring. The
Building Official recommends deletion of this previous amendment as no longer
being necessary.
7. Section 336 - 4 (Uses Permitted) of such Electrical Code is amended to read as
follows:
"Section 336 -4. Uses Permitted. Type NM and Type NMC cables shall
be permitted to be used in single family dwellings and other non - residential
structures, except as prohibited in Section 334 -12 (336 -5 ?). Where installed
in cable trays, cables shall be identified for this use.
(FPN): See Section 310 -10 for temperature limitation of conductors."
(a) Type NM. Type NM cable shall be permitted for both exposed
and concealed work in normally dry locations. It shall be permissible to
install or fish type NM cable in air voids in masonry block or tile walls
where such walls are not exposed or subject to excessive moisture or
dampness.
(b) Type NMC. Type NMC cables shall be permitted:
(1) for both exposed and concealed work in dry, moist, damp, or
corrosive locations;
(2) in outside and inside walls of masonry block or tile;
(3) in a shallow chase in masonry, concrete, or adobe, protected
against nails or screws by a steel plate at least 1/16" (1.59 mm) thick and
covered with plaster, adobe, or similar finish."
Staff Discussion on Reason for not Adopting: These previous local
amendments are now incorporated into other provisions of Chapter 3, Wiring
Methods and Materials, Section 334, Nonmetallic- Sheathed Cable: Types NM,
NMC, and NMS and other construction code requirements based on the
construction fire rating of the subject structure. The Building Official
recommends deletion of this previous amendment as no longer being necessary.
8. Subsection (a) (Type NM, NMC and NMS) of Section 336 - 5 (Uses Not
Permitted) of such Electrical Code is amended to read as follows:
(a) Type NM or NMC. Types NM and NMC cables shall not be used:
(1) in any dwelling or structure exceeding three floors above grade;
2004 Calif Electrical Code Adoption.CC Staff Report 13
Adoption of 2004 California Electrical Code and Local Amendments
City Council Staff Report
June 13, 2005
(2) as service - entrance cable;
(3) in commercial garages having hazardous (classified) locations as
provided in Section 511 -3;
(4) in theaters and similar locations, except as provided in Article
518, Places of Assembly;
(5) in motion picture studios;
(6) in storage battery rooms;
(7) in hoistways;
(8) embedded in poured cement, concrete or aggregate;
(9) in any hazardous (classified) location except as permitted in
Section 501 -4(b) Exception;
(10) in any commercial, industrial, or multiple family dwelling units;
(11) in any building required to be of noncombustible construction;
(12) in unenclosed locations of private garages or carports;
(13) in any circuits of 220 volts or more;
(14) in any areas where exposed to mechanical damage or the
elements.
For the purpose of this article, the first floor of a building shall be that
floor which is designed for human habitation and which has 50 percent or more
of its perimeter, level with, or above finished grade of the exterior wall line."
Staff Discussion on Reason for not Adopting: These previous local
amendments are now incorporated into other provisions of Chapter 3, Wiring
Methods and Materials, Section 334, Nonmetallic- Sheathed Cable: Types NM,
NMC, and NMS and other construction code requirements based on the
construction fire rating of the subject structure. The Building Official
recommends deletion of this previous amendment as no longer being necessary.
9. Section 370 - 4 (Metal Boxes) of such Electrical Code is amended by adding
Subsection (a) to read as follows:
2004 Calif Electrical Code Adoption.CC Staff Report 14
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"(a) Boxes used in walls required to be of fire resistive
construction shall be of metal or other approved noncombustible
material."
Staff Discussion on Reason for not Adopting: These previous local
amendments are now incorporated into other provisions of Chapter 3, Wiring
Methods and Materials, Section 314, Outlet, Device, Pull and Junction Boxes;
Conduit Bodies; Fittings; and Manholes. The Building Official recommends
deletion of this previous amendment as no longer being necessary.
* * * *
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2004 Calif Electrical Code Adoption.CC Staff Repoli
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PLANNING
; f, Q- h DEPARTMENT
Memorandum
To: Quinn Barrow, City Attorney
Craig Fox, Richards, Watson & Gershon
Attention: John B. Bahorski, City Manager
From: Lee Whittenberg, Director of Development Services
Date: June 22, 2005
SUBJECT: ADOPTION SCHEDULE - 2004 CALIFORNIA
ELECTRICAL CODE AMENDMENTS
Quinn and Craig:
In reviewing the provisions of Government Code Section 6066 and Section 50022.2
and 50022.3 regarding adoption of the 2004 California Electrical Code by reference, I
propose the following schedule to complete the public hearing and adoption process
required:
Action Date /City Action to be Taken:
Council Meeting Date
June 13, 2005 City Council Introduction of Ordinance, adopting
by reference the 2004 California Electrical Code,
with local amendments
July 11, 2005 City Council sets public hearing dates for August
8, 2005
July 13, 2005 First Published Notice of Public Hearing in
newspaper
C:\Documents and Settings\Idevine \Local Settings \Temporary Internet Files \OLK13\2004 Electrical Code Adoption Schedule
Memo.doc\LW\06 -22 -05
Memorandum re: Adoption Schedule for
2004 Califomia Electrical Code
June 22, 2005
Action Date /City Action to be Taken:
Council Meeting Date
July 20, 2005 Second Published Notice of Public Hearing in
newspaper
August 8, 2005 City Council public hearing, second reading and
adoption of Ordinance
September 8, 2005 Adoption Ordinance effective date
* * * *
2004 Electrical Code Adoption Schedule Memo 2